~~ [~ F"Ffvriff;:~ Director, Division of L.J~?

WEST VIRGINIA ENVIRONMENTAL QUALITY BOARD CHARLESTON, WEST VIRGINIA

OHIO VALLEY ENVIRONMENTAL COALITION, WEST VIRGINIA HIGHLANDS CONSERVANCY, and SIERRA CLUB Appellants,

v. Appeal No. l'b-()Lf- fG.13 THOMAS L. CLARKE .~~ [~ f"ffvriff;:~ Director, Division of L.J~? ... L_'::l_._--S'~l :III Mining and Reclamation West Virginia Department n.\ FEB 2 5 2013 I~~:) of Environmental Protection

." ,", ,~., -.. ,,--..~~~---_.,._.~ ...... ,,~ .. , Appellee. ENVlm,;;;vlINTAL OliAUTY UOAHD M1 C)lIi\UTY DON") .....,---,...... ~,.,"'~-~~.-~,,-~-~ --."~~~,-"._. ., .. _~._,,,."""'''''''' NOTICE OF APPEAL

Action Complained Of: The Appellants named above respectfully represent that they are aggrieved by:

I) The renewal ofWV/NPDES Permit WVI026747 on January 25,2013 in violation of regulations and guidance for the evaluation of the reasonable potential of a discharge to exceed water quality standards;

2) The renewal ofWV/NPDES Permit WVI026747 on January 25,2013 to Carbon Resources Development without final and effective selenium limits to ensure compliance with applicable state water quality standards.

Relief Reguested: The Appellants therefore pray that this matter be reviewed and that the Board grant the following relief:

An order vacating WV/NPDES Permit WVI026747 and directing the Appellee:

I) To conduct a proper reasonable potential analysis for selenium;

2) To modify the permit to include enforceable selenium limits which will ensure compliance with all applicable water quality standards;

3) Any other reliefthe board deems appropriate.

Specific Objections: The specific objections to the above actions, including questions of fact and law to be determined by the Board, are set forth in detail in separate numbered paragraphs attached hereto. Amendment of this Notice of Appeal may be had only by leave ofthe Board, and only for good cause shown.

Dated this ~~'a~y of February, 2012

J. CHAEL BECHER (WV Bar No.1 0588) J SEPH LOVETT (W.Va. BarNo. 6926) Appalachian Mountain Advocates P.O. Box 507 Lewisburg, WV 24901 (304) 382-4798

Counsel for Appellants FACTS AND GROUNDS FOR APPEAL

1) Appellant Sierra Club is a nonprofit corporation incorporated in California, with more than 600,000 members nationwide and approximately 2,000 members who reside in West

Virginia and belong to the West Virginia Chapter. The Siena Club is dedicated to exploring, enjoying, and protecting the wild places ofthe Earth; to practicing and promoting the responsible

use of the Earth's resources and ecosystems; to educating and enlisting humanity to protect and restore the quality ofthe natural and human enviromnent; and to using all lawful means to cany

out these objectives. The Sierra Club's concerns encompass the exploration, enjoyment and protection of sm-face waters in West Virginia.

2) Appellant Ohio Valley Enviromnental Coalition is a nonprofit organization incorporated

in Ohio. Its principal place of business is in Huntington, West Virginia. It has approximately

1,500 members. Its mission is to organize and maintain a diverse·grassroots organization

dedicated to the improvement and preservation of the enviromnent through education, grassroots

organizing, coalition building, leadership development, and media outreach. The Coalition has

focused on water quality issues and is a leading som-ce of information about water pollution in

West Virginia.

3) Appellant West Virginia Highlands Conservancy, Inc. is a nonprofit grassroots

membership organization whose volunteer board and approximately 1,600 members work for the

conservation and wise management of West Virginia's natm-al resom-ces. Incorporated in West

Virginia in 1967 it is one of the state's oldest enviromnental advocacy organizations and for over

four decades has been a leader in citizen efforts to protect West Virginia's people, land and water

resom-ces from the harmful effects of coal mining. 4) Appellants members use and enjoy the area and streams near the Maben Mine No.1, including streams that receive discharges from the mine. Their aesthetic and recreational interests will be adversely affected by the mine's impacts including the discharge of selenium.

BACKGROUND

5) WV/NPDES Permit WVI026747 authorizes discharges from Carbon Resource's Maben

No.1 mine near Mullens, in Wyoming County, West Virginia.

6) The mine will discharge into unnamed tributaries of/and Slab Fork of the Upper

Guyandotte River.

7) In the rationale section ofthe permit, the permit writer states that there is no reasonable potential for selenium because "[o]verburden ABA/Se analyses of Drill Hole ID WPP-I0A representing the interval from the surface through and below the coal seam does not indicate ay

Se concentrations (other than the coal itself) above DEP's threshold level of 1 mg/kg.

8) In fact at least one non-coal layer (labeled black shale with coal streaks) had an Se concentration above the 1 mg/kg threshold-at 3.11 mg/kg. In addition the coal layer to be mined had an Se concentration of7.55.

9) Another core sample, taken at Drill Hole ID WPP-5-10, and apparently not considered by the permit writer shows that there are significant quantities of selenium bearing strata near the proposed mine. This sample revealed 12 non-coal and 2 coal samples above the 1 mg/kg threshold.

10) Despite the facts available to the permit writer, the issuance of Permit WVI026747 did not contain limits for selenium.

SPECIFIC OBJECTIONS

1. The WVDEP Failed to Properly Conduct the Necessary Analysis to Determine if Discharges from Permit WV1026747 have the Reasonable Potential To Cause or Contribute to Violations of the Applicable Water Quality Criteria for Selenium 11) In order to protect water quality and ensure compliance with applicable water quality standards, federal regulations applicable to West Virginia's NPDES program provide:

Each NPDES permit shall include conditions meeting the following requirements when applicable .... (d) Water quality standards and State requirements: any requirements in addition to or more stringent than promulgated effluent limitations guidelines or standards under sections 301, 304, 306, 307, 318, and 405 ofCWA necessary to: ... (1) Achieve water quality standards established under section 303 of the CWA, including State narrative criteria for water quality.

(i) Limitations must control all pollutants or pollutant parameters (either conventional, nonconventional, or toxic pollutants) which the Director determines are or may be discharged at a level which will cause, have the reasonable potential to cause, or contribute to an excursion above any State water quality standard, including State narrative criteria for water quality.

(ii) When determining whether a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above a narrative or numeric criteria within a State water quality standard, the permitting authority shall use procedures which account for existing controls on point and nonpoint sources of pollution, the variability of the pollutant or pollutant parameter in the effluent, the sensitivity of the species to toxicity testing (when evaluating whole effluent toxicity), and where appropriate, the dilution of the effluent in the receiving water.

(iii) When the permitting authority determines, using the procedures in paragraph (d)(l )(ii) of this section, that a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above the allowable ambient concentration of a State numeric criteria within a State water quality standard for an individual pollutant, the permit must contain effluent limits for that pollutant.

40 C.F.R 122.44 (applicable to state NPDES programs pursuant to 40 C.F.R. § 123.25).

12) The WVDEP Division of Mining has developed guidance for determining the reasonable potential for a mine to violate selenium water quality criteria is the absence of effluent data. This guidance provides for an analysis of the selenium concentration of the strata to be mined. It provides "[alII overburden, including the coal seam(s), will be sampled for selenium ..." WVDEP

Division of Mining and Reclamation, Selenium Implementation Guidance (November 2007). 13) The guidance further provides "If the total selenium concentration of any strata is equal to or greater than I mg/kg, then the activity will be deemed to have reasonable potential to violate selenium WQC[water quality criteria] ... " Id.

14) Finally, the guidance states, "[t]he WV INPDES for any activity determined to have reasonable potential to cause or contribute to selenium exceeding the WQC [water quality criteria] will include selenium effluent limitations and self-monitoring requirements." Id.

15) Applying the WVDEP's mining guidance for selenium would have resulted in a finding of a reasonable potential to violate water quality standards for selenium at the Maben No.1 mine.

16) The WVDEP did not perform any justifiable reasonable potential analysis for selenium discharged on Permit WV 1026747.

2. The Permit Does Not Contain Selenium Limits Necessary to Ensure Compliance with Water Quality Standards.

17) Appellants incorporate by reference all allegations made in paragraphs 1 through 16 supra.

18) Both the Clean Water Act and the West Virginia Water Pollution Control Act require compliance with numeric and narrative water quality standards. 33 U.S.C. § 1313; W.Va. Code §

22-11-7b; 47 C.S.R. § 1-1 et seq.

19) A permit cannot be issued "[w ]hen the imposition of conditions carmot ensure compliance with applicable water quality requirements." 47 C.S.R. § 30-2-3.2.a.7.

20) A permit carmot be issued "[w ]hen the conditions of the permit do not provide for

compliance with the applicable requirements of the [Clean Water Act] and [the West Virginia

Water Pollution Control Act.]" 47 C.S.R. § 30-3.2.a.1.

21) Data submitted with the permit application and available to the permit writer indicate that

discharges from the Maben No. 1 mine have the reasonable potential to cause an exceedance of

applicable water quality criteria for seleniujm. 22)Permit WVI026747 does not contain effluent limits for selenium and will not ensure compliance with applicable water quality standards.

QUESTIONS OF FACT AND LAW

23) Whether Appellee has approved a permit that will not comply with the West Virginia

Water Pollution Control Act and the federal Clean Water Act in the ways described above, specifically;

a. Whether Appellee erred by not following state and federal law for evaluating the reasonable potential of a discharge to violate water quality standards;

b. Whether Appellee erred by not requiring selenium limits to ensure compliance with applicable water quality standards.

RELIEF REQUESTED

30) Appellants respectfully request the Board:

a. Answer each of the objections in Appellant's favor;

b. Vacate the Director's. approval ofWV/NPDES Permit WVI026747 c. Remand the permit and direct the Appellee to follow appropriate state and federal regulations and guidance to conduct a reasonable potential analysis for discharges of selenium to cause or contribute to a water quality standards violation;

d. Remand the permit with instructions to impose effective numeric limits for selenium;

e. Alternatively to modify the permit to address each of Appellant's concerns consistent with the Board's ruling on the objections above.

J. CHAEL BECHER (WV BarNo. 1058,8) JOSEPH LOVETT (W.Va. Bar No. 6926) Appalachian Mountain Advocates P.O. Box 507 Lewisburg, WV 24901 (304) 382-4798 Counsel for Appellants CERTIFICATE OF SERVICE

I, J. Michael Becher, hereby certify that I served the foregoing Notice of Appeal, on

February 22, 2013 to the following recipients via first class mail:

Jackie Shultz (Original plus 6 copies) WVEQB 601 57th Street SE Charleston, WV 25304

Tom Clarke WVDEP 601 57th Street SE Charleston, WV 25304

Carbon Resources Development, Inc. 3324 Pennsylvania Ave Suite 222 Charleston, WV 25302

J. ichael Becher Counsel for Appellants west virginia department of environmental protection

Division afM ining and Reel amation Earl Ray Tomblin, Go vernor 601 57lli Street,SE Randy C. Huffinan. cabjnet Secretaty Charleston, WV 25304-2345 w'Ww.dep. wit .gOY Piton.: (304) 926-0490 Fax: (304) 926-0456

CARBON. RESOURCES DEVELOPMENT INC . 3324 PENNSYLVANIA AVE SUlTE222 CHARLESTON, WV 25302

Gentlemen:

Enclosed is your WVNPDES Permit No, WVI026747 for your Maben Mine No. I deep mine (SMA U3009I2) located near Mullens in Wyoming and Raleigh Counties, West Virginia,

'We suggest that this permit or a copy of it be kept in the office nearest the discbarge point.

Jfyou bave any questions, please contoctme at (304) 465-1911 Or bymaiJ at:

Department of Environmental Protection 254 Industrial Drive Oak Hill, WV 25901-6102 Attention: MU(e Mertz

Sincerely, )~'fi-~ Mike Mertz Pennit Writer

cc: Enviroiunental Protection Agency Environmental Inspector (Sizemore) DEP Regiona! Office File Headquarters NPDES File

Promoting a healthy environment. west virginia department of environmental protection Division of Mining and Reclamation Earl Ray Tomblin, Governor .601 5701 Sb~et, SE Randy C. Ruffinan, Cabinet Secretary Charleston, WV 25304·2345 WWW.dep.wv.gov . Phone: 304·926·0490 Fax: .. 304·926·0496

WEST VIRGINIA .NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WATER POLLUTION CONTROL PERMIT NPDES PERMIT NO.: WV1026747 ISSUE DATE: _J_AN_2_5_2.:.:0..:.:.1l~_ ASSOCIATED PERMITS: U300912(SMA) EXPIRE DATE:_' ~J:..:.AN:.:...... =2...::5:....c2::::0:..::1e~_

SUBJECT: Deep Mine; Dewater Allowed; Haulroad; Siorm Waler

SUPERSEDESI N/A EfFECTIVE DATE:

HEALTH CERTIFICATE: N/A

LOCATION: Mullens Raleigh, Wyoming Group E Upper Guyandotie River (CIty) (County) (Hydrologic) (Drainage Basin) . TO WHOM IT MA.y CONCERN:

This is to certify that: . CARBON RESOURCES DEVELOPMENT INC 3324 PENNSYLVANIA AVE SUITE 222 CHARLESTON, WV 25302 is hereby granted a West Virginia NPDES Water Pollution Control Permit to:

opan and operate a coal deep mine (Maben Mine NO.1· SMA U300912) including constlUClion of siope and· shaft openings In the Pocahontas No.3 seam of coal and 10 discharge trealed water and slormwater runoff therefrom into unnamed tributaries of/and Slab Fork of the Upper GUyandotte River.

This permit is subject to the following terms ond conditions: --The effluent limitations, monitoring requirements and other conditions set forth in Section A, B, C and D. j . ,..,.--~----"""-.... /-:- - .~.,." ;; B~__ . --- Thomas L. Clarke Director

Promoting a healthy environment. (.

.... - ...... - -._, ...... ,---_.-_.... __ .. -,.,------_. -,----_ ...• --'---'---~----'-'-- '---'" ,---_._-_ __ -.... - penntt No. WV1026747 Page 2 of 17 A, 12mCHAB!i1i l..!MII6TIQNS AND MQHITQBI~G BEQ!JIREMEHIS 1. The permittel) Is authorized to "discharge from Oullet Number(s) listed below:

2. EFFLUENT LIMITATIONS AND, MONITORING FREQUENCY: Outlets should be limited and monitored by the permit1ee as specified below: , I "'9'"' "no. i N~~~~' IE~~~n' Il~::~ud:. E::';!~.n , , I~~~~ , -;: .M'n. D,IIy I A'9, poi 1654 fio;, F,port Only r,portOnTy lR='; -GPM' ~ Estim,,,,, I ~i:~~:~~: r"n ~uroidity po", I',,,rt 001, , NTu , O"b IT~i~}:';;:"U;: pp,o'" "'.' '.v 1"0", .'" reportun,y f"ort Ooly , Ooab ~H I"on, f·oO /,/A P,OO fSidUiii" , Ocab

d Solid, 10112 MGiL ~OI" '12013 PM' r'·OO J1o:Oo' " G"b ~'."'ble SOli" pon, r"A f"A ~,50 MUl' nAofp.,ml O"b To'" Sulfa'" (OS S(4) Con' I MGiL G,'" ~",n, To'" (a' F,) Pon, ",',,<,,0'" r·" 11.64 MOIL 'Giiib ,To'" (a, Mn) pon, I'"ort Only p.OO P7 MGfL I Geob , TOla' ("AI) pon, r'po. Only p.08 ',14- MGll I G,ab I , '. Di", (as AI) pon, r,portOnly Report Only, MOil I Ooab

Toto" i Con, Report OOly ",,;ortOn'y MGll I O"b [TOSI " '" I (S" 3. 4)

, i "

..------_._-'---'--- ,,----.. -----.. -..•. --.-.. -... --.-.---...... ------~----_.-_. __ ._-... _---- . .---_..••. ". ---._--,.,- PetmltNo. WV1028747 Page 3 of 17 A. QI§:Ctl~BGI: lIMIT6IIONS A~D MQ~II.QBI~G B~QuIR!:;Met!IS 1. The permittee Is aulhOri:O::Eld to discharg&from Outlet Number(s) listed below:

2. eEEbYENT UMITAIIQNS ~ND MOt:llTORING FREQUENCY' Outlets should be limited and monltored by the permittee as specified below: --_. -- Outlet Effluent Latitude Elevation EFFLUENT 8e91"(;'- ---eiids-'Quan DISCHARGE LIMITATIONs' --MONIT'ORiNGREQUlREMENTS Number Type Longitude In Feel CHARACTERISTICS Cone Mln.Oail Avg. Monthly Max. Dally Units Measurement Freq. Sample Type

02 L l7"3Q'03" 1640 low 0112512013 Quen efXjrtOnly report Only report Only GPM Semi-monthly Estimated 81°23'19" urbidity 0112512013 pone Report Only report Only jReport Only NTU Semi·monthly Grab N.!phelom Turbidity Uo. ~rfie Conductance 01/2512013 pone Report Only Report Only eport Only UMHOICM Semi.monthly Grab

H 0112512013 pone .00 fA .00 Std Units Seml·monthly Grab

lkaflnity, Total 01/2512013 pone: feport Only epartOnly NfA MGll Semi· monthly Grab

otal Suspended Solids 0112512013 pone report Only 5.00 0.00 MGlL- Seml·monthly G

ettieable Solids 0112512013 pone NfA fA .50 MLll" See Section A of Permit Grab Falelum, Total (as Ca) 01(25(2013 '" feport Only ~eport Only ~eportOnly MGIL Seml·monthly Grab f""lagneslum,Tot (as Mg) 0112512013 '" eport Only ~eportOnly ~eport Only MGll Semi-monthly Grab olal Sulfates (as 504) 01/2512013 pOn<: KeportOnly feportonly eport Only MGlL Semi·monthly Grab

ron, Total (as Fe) 01/2512013 000 Report Only .95 .64 MG/L Semi-monthly Grab .

I Manganese, Total (as Mn) 01/25(2013 .00 - .47 MG/L Semi-monlhly Grab I 000 feportOnly I lumlnum, Total (as AI) 01125/2013 Fone report Only .08 .14 MG/L Semi-monthly Grab

lumlnum, Dlss, (as AQ 0112512013 pone ~eport Only eport Only ~eport Only MGIL Semi·monthly Grab

hronie Tox·Ceriodaphnia 01/2512013 0"' report Only .82 .64 TU, Quarterly Grab ubia :,?~al Dissolved Solids 01(2512013 000 fteportOnly report Only ~eportonly MG/L Semi· monthly Grab DS) . (See 3, 4)

. Permit No. \foNt026747 Page 4 of 17 I A. DISCHARGE LIMITATIONS AND MON!IDRING REQIlIREMENTS 1. The permittee is authorized to discharge from Outlet Number(s) listed below.

2. EFFLUENT LIMITATIONS ANp MONITORING FREQUENCY· Outlets should be· limited and monitored by the pennlttee as specified belOW:

N~~I~~, IE'I'v':: L~:::~~ee IE::':~~,o B"to. E'" .0"1, "g. Mo,,"" M" O,IIy U"1s ~,k ,Tw,

-i. E,tlm,Ii, . 002 1690 flOW I"''''''''' PO," "eport ooli R,,,rtO," Report 0", GPM I ;i:~:~~::" ~",bldlty Fc "" f'port 0", I NTU I. Grab TO~;dtty

Pp,cill, ' co;;c feport 0;;" report 0", -Ij,.,- I pH Fono 6.00 I"'A p.OD otO U'," GiOb ~Ol" ,,,.0,.,,_ CO" r,portOol, po.oo ro.OO MGIL .. "C'b

jSettl ..ble Soli" po", ~fA ~fA P·50 MUL" 'ofPei",,, Grab I I I q"SO') '., rooo f,port 001, MGIL I I Grab

I I~" To'" (" Fe) ro';, p," 1'.64 MGfL I , Gra' i '. T01" (a, Mo) F°"' feport O,Iy 12·01) ~.47 MGn. Gra' f'oml"m, Tot,' (" AI) . rone f,port Ooly p.08 Lt4 MGIL G,,'

, I ,.01". (., AI) lcO;;;;- report 001, report 0", MGIL I G", , ~,l'~)ols"Ne, Soli" Ico", feportool, feport 0,1, MGIL Giib (S" 3, 4) ' .

. i " .'

._.,._-----,._-'._._------"'''------'-.------_.------,'._.-- _.. _... _--._-_._------_ ...... _.. ,----. --_.'.. '._. .' Permit No. WV1026747 I Pa96 5 of17 A. DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS 1. The permittee is authorized to discharge from Outlet Number(s) listed belOV\':

,. EFFLUENT LIMITATIONS AND MONITORING FREQUENCY- Outlets should be rlmited and monitored by the permittee as speclfled below:

--~6utlel .. _- Efflue,ni" -1.atltude- Elevation EFFLUENT ------raegins- ·-·EiidS·tQUMlb=;=~Q)SC[ARGEtrMiTATiO~ MONi"foruNGREQlnREMENTS" Number Type LongitUde In Feet CHARACTERISTICS cone Min. oaliV" AiL f'.IIOnlhlv Max, Daily Uillts Measure;;e'";at'(;ea.. -sample Type~

04 , 37'39'22H 1766 OW 01/2512013 puan report Only feportOnly aport Only GPM Seml-monthly E8tirnated-- 81'22'45" urbldfty 01/25/2013 pone Feporl Only f:epOri Only F-eport Only NTU Seml·monthly Grab ~~Phelom Turbidity",. pacific Conductance 0112512013 \Cone ~eporiOnly aporl Only report Only fJMHOle, Semi-monthly Grnb

H 01125/2013 one .00 IA ,00 SId Units Semi-monthly Grab

olal Suspeniled Solids 0112512013 Oo,e eporiOnly 5.00 0.00 MGIL Semi-monthly Grab

ettleable SoUds 01/25/2013 one IA IA .50 MUL" See Section A of Permit Grab

otal Sulfates (as S04) 01125/2013 ooe Report Only eportOnly Report Only MGIl Seml-monlhly Grab

(on, Total (as Fe) 01/2512013 Conc ~eport Only .95 ,64 MGi' Semi-monthly Grab

Manganese. Total (as Mnl 0112512013 pone ~eportOnly .00 .47 MGIl Seml-monthly Grab

lumlnum, Total (as AI) 01125f2013 Fone feport Only .08 .14 MGIl Semi-monthly Grab

luminum, Diss. (as AI) 01/2512013 r one ~eportOnly eport Only \Report Only MGfL sem'l-monthly Grab otal Dissolved Solids 01/25120131 pone feportOnly eport Only €port Only MGiL Semi· monthly G",b TOS) (See 3, 4) DMM·5·A PERMIT NO. WV1026747 Page 6 ofl7

A. DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS

• Instantaneous maximum limitation notto be exceeded at any time. 3. COMPLIANCE POINT: Samples taken for compliance with the above monitoring reqnirements shall be takeri at the following locations: Outlet sites

4. ALTERNATE EFFLUENT LIMITATIONS: . If.ltem.te emuent limits are chosen, the following monitoring scheme applies: (a) Table I Alternate Storm Limitations applies to any discharge or increase in the volume of a discharge caused by p1;ecipitationwithin any 24·hour period.

. (b) Analyze the required parameters, which. are determined by emuent type (listed in A.i.) and rainfall even~ listed in Table I Altemate Storm Limitations.

(c) The permittee shall have the burden of proof that the discharge Or increase in discharge was caused by the applicable rainfhll event. This shall be verified by the use of a rainfall gauge loca.ted within three miles of the discharge point and last emptied no more than twenty·four hours plior to the time the sample was taken. Automated rain gauges may also be utilized. The sampling .ditte and amount of . rainfall measured by the gauge shall be reported on the Discharge MoniloringReport(DMR).

, ' 5. The rainfall gauge 'shall be located within three mile;of the discharge point.nd last emptied not more than 24 hoUtS prior to the time the sample was taken. Automated rain gauges may also be utilized. The sampling date and amotmt of rainfall meas'uredfol: the 24-hour period offue sample being collected shall be reported on the Discharge M()nitoring Report(DMR) for each DMR reported. .' " 6. SUBMISSION OF DISCHARGE MONITORING REPORTS (DMRs): (a) Pehnittee shall submit each quarter, according to the enclosed fOlmat, a Discharge Moniloling Report , (DMR) indicating the values ofthe constituents listed in Part A, to be in the discharge measured at the specific compliance points. All analyses must be determined by methods required in 40 CFR Part 136.

(b) The required quarterly reports shall be postmarked no later fuan twenty (20) days following the end of fue reporting period and shall be sent to: West Virginia Department of Environmental Protection Division of Mining & Reclamation I HPU I NPDES Section 601 57th Stred SE Charleston, West Virginia 25304

(c) Enler reported average and maximum values tmder Quantity and Concentration in the units specified for each parameter, as appropriate.

(d) SpecifY the number of analyzed samples that exceed the allowable permit conditions in the colurrms labeled N.E. (Le. number exceeding).

(e) Specify frequency of analysis of each parameter as number ofanalyses/specified period (e.g. 3lrnonth is equivalent to 3 analyses performed evelY calendar month). If continuous enler Cont. The frequency listed on format is the minimum required. Notwithstanding the frequency of sampling/analyses, there must be a!'least 10 calendars days between two of the sampling/analyses.

(f) Calculations for all limitations whicbrequire averaging of me,asurements shall utilize an arithmetic means unless otherwise specified in the pe,rmit. UNo discharge') or lIno flow" cannot count as· a sample collected for calculating the aritluuetic average when reporting the monthly average limit or _"eraging of measurement for reporting purposes. DMM-5-A PERMIT NO. WVI026747 Page 7 of 17

7. Any "not· detected (ND)" results by the pel1nittee must be "ND" at the method detection limit (MDL) for the test method used for that parameter and must be raported as Jess than the MDL used. The pennittee may not report the result as zero, "NO"; or report the resul t as less than a minimum level (ML), repoliing limit (RL), or practical quantitation limit (PQL).

When averaging values of analytical ~ults for DMR reporting purposes for monthly averages, the permittee should use actual analytidall-esults when these results are greater than or equal to the MOL and ·should.use zero (0) when these results are less than the MDL. If all analytical.results are non-detect at the . MDL(

8. In incidences where a specific test method is not defined, the·permittee· shall utilize an EPA approved method with a method detection limit (MDL) sensitive enough to confil1ll compliance with the penn it effluent limit for that panuneter. If aMDL is not.sensitive enough to comf'il1ll compliance, the most sensitive approved method must be used. If a more sensitive EPA approved method hecomes available, that metliod shall be used. Should the current andlor new method not be sensitive enough to confirm compliance with the permitted effluent limit, analytical results reported as "not deteded" at the MDL of the most sensitive method available Will be deemed compliant for purposes of permit compliance. Results . shall be reported on the Discharge Monitoring Reports as a numeric value less than the MDL. DMM-5-A PERMlTNO. WVI026747 Page 8 ofl7

TABLE 1 ALTERNATE STORM LIMITATIONS

1 YEAR 2 YEAR 10 YEAR EFFI,.U:ENT TYPES DRY WBA.THER 24 flOUR 24 flOUR 24 HOUR

ACID on FERRUGINOUS CA~BGORIES

a, Dischar9ss from underground TSS pli Iron Flow (NO ALTERNATE LIWXTATIONS) 'Workings of underground Manganese WQBEL*** minas not commingled

b. Discharges from underm-ound TflS pH Iron Flow Manganese WQBEL**'" Flow pH Ylorkings of underground WQBEL*** mines "arnnmingled

c. Controlled surfac:e mine TSS pH Iron Flow Manganes.e WQEEI:-'" ** Flow pH drainage (except steep slope W"OBEL*** and mountaintop removal)

d. Non-controlled sQrface mine. TSS Iron Flow SSH pH· Iron Flow SS** pH Flow pH drainage{except steep slope pH Manganese Manganese WQBEL*** Flow WOBEL*** and roQun~aintop removal} WQBEt*** WQBEL*~*

e. Discharges from coal refuse TSB pM Iron Flow I Flow SS** pM Flow pH d~spo.sal areas ManganeS~" WQBEL~t* I WQBEL"~ *~ WOBEL***

f. Dis~harges from steep s~ope TSS Iron Flow Flow SS~"/< pH WQBEI,.**" Flow pH " and mountaintop removal pH Manganese WOBEL~** areas WQBEL~** g. Discharges from preparation I TSS Iron Flow Flow SS*" pH NQBEL*** Flow pH plants and preparation Plantl pH 14anganese WOBEL*** asso~iated areas (excluding WQBEL*** coal refuse piles 1

h. Discharges from re~lam~tion I Flow S8*'" WOBEL**" Flo.,., pH areas WOBBL~** ALKALINE CA'l'EGORY

i. Discharges from underground TSS ph Iron Flaw (NO ALTERNATE LIMITATIONS) workings of underground WQBE:L*** mines not ~ammingled j. Alkaline Mine Discharges TGG Iron Flaw Flaw SS""* pH WQBEL*** Flow pH pH WQBEL*** WQBEL"''''"* k. ~~lamation areas Flaw SS*'" pH WQBEL**~ Flow pH WQBSL***

WATrut "QU'M.. I'I'Y BASED LIMITS

1. Water quality based TSS Flow pH SS~* pH Flow WQBEL"""'''' effluent limits WQBEL"'** I m. Bathhouse & Sewage (NO ALTERNATE LIMITATIONS)

DCP' OiSchaige or increase in the volume of a dif>charge caused by prec!pi"tation within any 24 hour period 88"'* Settleable Solids WQBEL~*"'" All Parameters with ~al~ulated Water Quality Based Effluent Limits

CountYl Raleigh I-Year 02.40 2-Year 02.77 10-Year 04.10 County: Wyoming l-Year 02.41 2-Year 02.77 "10-Year 04.07 DMM-S-A PERMlTNO. WVI026747 Page 9 of 17 '

B. SCHEDULE OF COMPLIANCE

I. The permittee shaH achieve compliance with the following interim requirements V\~th ilie discharge limitations specified in 1l1is permit in accordance with the following schedule:

Interim Requirement Completion Date

, Effective date of this permit

2. 'Reports of compliance or non-compliance with, and progress reports on the interim and final requirements contained in the above compliance schedule shall be submitted no lateJ.'tlJan fourteen (14) days folloWing each schedule date. .

N/A DMM-5-A PERMIT NO. WVI026747 Page 10 of 17

C. TERMS AND CONDITIONS INCORPORATED BY REFERENCE TO THE WV NPDES REGULATIONS FOR COAL MINING AND FACILITIES, TITLE 47,SERlES 30.

5.1 Duty to Comply, Penalties

5.2 Duty to Reapply

5.3 Duty to Halt or Reduce Activity

5.4 Duty to Mitigate

5.5 Proper Operation and Maintenance

5.6 Permit Actions

5.7 Transfer

5.8 Property Rights

5.9 Duty to Provide Information

5.10 Inspection and Entry

5.11 Monitoring and Records

5.12 Signatory Requirements

5.13 Reporting Requirements

5.14 Bypass

5.15 Upset

5.16 Reopener Clause

5.17 Removed Substances

5.18 New Sourc.s (if applicable)

5.19 Definitions '. DMM-5-A PERMIT NO. WVI026747 Page 11 of17

D. . OTHER REQUIREMENTS 1. REPORTING SPILLS AND ACCIDENTAL DISCHARGES , . Nothing in·this permit shall be constmed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities Or penalties established pursuant to Series 3, Section 1 ofthe Environmental Quality Boards regulations. Attached is a copy of the West Virginia spiIlAlert System for use in complying with Series 3, Section I of .the regulations as they pertain.to the reporting of spills and accidental discharges. 2..HAULAGEWAYS AND ACCESS ROADS H.ulageways and access roads shall be constructed and maintained ill accordance with best management practices including, but not limited to, the performance standards contained in Title 38, Series 2, Section 4 of the West Virginia SurfaceMinmg Reclamation Regulations.

3. RECEIVING STREAMS The receiving streams 'shall be monitored by grab samples as required at the stream sampling pnints listed · below, and the samples shall be' analyzed for the parameters listed below. The flow nfthe stream .shall also be estimated at the time ofmoiritoring. Monitoringshall be done approximately at the srune time as · the discharge points are monitored as required llIlder Section A of this permit. A quarterly report nfthe stream monitoring and flow shall be sent to the NPDES sectinn in Charleston,' on the enclosed forms along with the repOlts required under Section A. Based upon the stream monitoring flow data, Water quality · stan.dards or other infunnation, the Department may at any time modify the effluent limits in Section A of this permit for any of the discharge points if necessary, to insure compliance with water quality standards.

STREAM STATION LAIlTIJDE WNGITIJDE Ii1ID:'. BASI 37° 38' 50.0000" 81° 23' 38.0000" 1611 Pararneters: Stream Flow cfs/ Specific ConductanOO! pHi Alkalinity, Total! Calcium, Total (as Call Magnesium,Tot (as Mg)/ Sodium,Total (as Na)! Pntassium, Total (as K)/ Total Sulfates (as S04)/Iron, Total (as Fe)/ Manganese, Total (as Mn)/ Aluminmn, Total (as Al)/ Aluminum, Diss: (as AI)/ Total Dissolved Solids (TDS) BAS2 37" 39' 06.0000" 81 ° 23' 21.0000" 1620 . parameters: Stream Flow c€s/ Specific ConduOtanre/ pHi Alkalinity, Total! Calcium, Total (as Call Magnesium, To! (as Mg)/ Sodium, Total (as Na)/ Potassium, Total (as K)/ Total Sulfates (as S04)/ Iron, Total (as Fe)/ Manganese; Total (as Mn)! Aluminum; Total (as Al)/ Aluminum, Diss. (as AI)! Total Dissolved Solids (TDS) BAS3 37° 39' 25.0000" 81 ° 22' 59.0000" 1662 Parameters: Stream Flow cfs/ Specific Conductance! pHi Alkalinity; Totall Calcium, Total (as Ca)lMagnesium,Tot (as Mg)/ Potassiwn, Total (as K)/Total Sulfates (as . S04)/ Iron, TOlal (as Fe)/Mangarese, Total (as Mn)/ Aluminum, Total (as AI)! Aluminum, Diss. (as MY Total Dissolved Solids (IDS) BAS3A 37° 39' 23.0000" . 81° 22' 57.0000" 1660 . Parameters: Stream Flow cfu! Specific Conductance! pHi Alkalinity, Total! Calcium, Total (as Cay MagnesilUll,Tot (as Mg)/ Sodium,Total (as Na)! Potassium, Total (is K)/ Total Sulfates (as S04)/ Iron, Total (as FeY Manganese, Total (as Mo)/ Aluminum, Total (as AI)! Aluminum, Diss. (as AI)! Total Dissolved Solids (IDS) . DSSF 37°38' 54.0000" 81° 23' 37.0000" 1630 Parameters: Stream Flow cfs/ Turbidity/ Specific Conductance! pHi Total Sulfates (as S04)/ Iron, Total (as Fe)! Manganese, Total (as Mil)! Aluminum, Total (as AIY Aluminum, Diss. (as Al)/ Total Dissolved Solids (IDS) DMM-5-A PERMIT NO. 'ITYI026747 Page 12 of 17

SJ'REAM STATION LATITIJDE LONGI1:!lIlli DSSFI 37" 39'02.0000" 81° 23'26.0000" 1620 Parameters: Stream Flow cfs! Turbidity! Specific Conductance! pHI Total Sulfates .(as S04)1 Iron, Total (as Fe)1 Manganese, Total (as M.n)1 Aluminum, Total (as Al)! Alumiinuu, Diss. (as AI)I Total Dissolved Solids (IDS) USSF2 37° 39' 43.0000"81 ° 23'· 13.0000" 1640 Parameters: Stream Flow cfs! Turbidity! Specific Conductance! pHI Total Sulfates (as 804)! Iron, Total (as 'FeY Manganese, Total (as Mn)1 Aluminum, Total (as All! Aluminum, Diss. (as AI)I Total Dissolved Solids (IDS) UTSF3 37° 39' 21.0000" 81" 22' 57.0000" 1660 Parameters: Stream Flow cfsl Turbidity! SpecifiC Conductance! pHI Total Sulfates (as 804)1 Iron, Total (as Fe)1 Manganese, Total (asMn)1 Aluminum, Total (as AI)! Aluminum, Diss. (as AlJ1 Total Dissolved Solids (IDS) UTSF4 37° 39' 25.0000" 8 I ° 22' 39.0000" 1760 . Parameters: Stream Flow cfs! Turbidity! Specific Conductance! pHI TotaISulfates (as S04)1 Iron, Total (as Fey Manganese, Total (as Mn)1 Aluminum, Total (as Al)l·. Aluminmn, Diss. (as Al)1 Total Dissolved Solids (IDS) 4. SURFACE MINES If111e coal mining operation has been granted Phase II revegetation release and all discharge points have been eliminate:! during the period this permit is in effect, the discharge limitations and monitoring requiTemenll! in Section A and Section D.3 stream monitoring shall not apply. The coal mining operation 'shall be maintained in accordance with best management practices including, but not limited to the applicable performance standards contained in Title 38, Series 2, West Virginia Mining Reclamation Regulation lfitil the associated performance bond has been final released. .

5. STORM WAIERDISCHARGES Such discharges shall comply .with the applicable Water Quality Standards in 47 CSR 2. Activities consisting of discharges of storm water runoff or snow melt composed entirely of flo";s which are from conveyances used for Collecting and· conveying pre.cipitation runoff, in accordance with 47 CSR 30, Section 3.1.8.6 and are authorized under Chapter 22, Article 3, are authorized by ibis permit. Such storm water discharges shalf not involve any mineral removal, pwnping of storm water, or storm water ll1noff commingled with mine drainage, refuse drainage, coal stockpile areas, preparation plant areas, loading areas or lmloading areas. The activities shall be constructed and maintained in accordance .... ~tb the issued Article 3 Permit Revision including incidental boundaty revisions and with the best management practices and performance standards contained in 38 CSR 2 and Chapter 22, Article 3. These storm water discharges are authorized under this Condition upon issuance of the associated Artick3 application for the life of this permit Updated NPDES permit application inforniation will'be submitted in the next reissuance application for activitios covered under this Condition .. The Director reserves U,e right to require any permittee to submit a NPDES modification when the Director determines that such receiving stream will be hetter protected by an individual NPDES modification. DMM·5·A PERMIT NO. WV1026747 Page 13 ofl7

6. SPECIAL EFFLUENT CHARACTERIZATION CONDITION The pennittee must pelfonn Table 2·]V·A, B, C alUllyses within two (2) years of commencement of a new discharge. The peimittee is also required to identify and analyze any potential pollutants not covered Wlder 2·IV·A, B, C analyses which may be present due to use;manufucturing or byproduct Representive outlets are acceptable for discharges which receive drainage from similar mining activities and are olthe same outlet type. Two (2)-copies of the Table 2·]V.A. Band C analyses and any additional potential pollutaIit analyses must be submitted to tbe regional office Permit Supervisor and Inspector Supervisor within two (2) years of commencement of discharge.

7. SPECIAL SAMPLING CONDITIONS As set forth in 'the remainder of tbis condition, Permittee shall inonitor rollowing a qualifying event at the constructed on-bench outlet (precipitation induced) which has been disturbed by mining activitY with the largest component drainage area and at the constructed on-bencb outlet (precipitation induced) at the .lowest elevation on tbe down dip portion of the operation that has been disturbed by mining activity* at the time of the qualifYing event The stream monitoring stations associated with the monitored outlets lDust al~o be monitored atapj)foximately the same time. A qlUllifying event is defmed as any event where 0.3 iuche. Or more of rainfall occurs within a consecutive 24 hour period. The monitoring Can be initiated at any point after rain gauge data ind.icates 0.3 inches of precipitation has occurred and shall be completed no later than eighteen (18) hours after cessation ofthe precipitation event Oruoe a qualifying event is sampled in a given calendar month, this condition is satisfied for that calendar month. Mordtorlllg at both the outlets and at the associated stream mOllitoring stations required by this condition shiIn be for flow, pH, total dissolved solids, specific conductivi1y and sulfates In the event'of a discharge'from the precipitation induced outlets, the sample(s) may be substituted for one of the required semi-monthly samples for the outlet(s) and as such, must be arialyzed for all parameters listed in Section A of the permit for each respective outlet and parameters listed in Section D.3 of the permit for the associated strearnmonitoring station(s). Samples collected from a~ event that are in addition.to the required semi-monthly monitoring must be analyzed fur total dissolved solids, sulfates, specific conductivity, flow and pH. for each respective outlet and associated s1!'eam station(s). Rain gauge infonnation must be maintained during the tenn of the life of the permit and made available. to the Director upon request. The Director may require additional sampling if necessary to document that narrative water quality standaros are being achieved. 'Note: Outlets with technology-based post mining effluent limitations (flow, pH and settable solids) are exempt from this condition and shall not be sampled to fulfill the requirements ofs uch. . Monthly reports must be maintained detailing which outlet(s) and stream monitoring station(s) were monitored foi tins condition. The reports must document that tbe outlet(s) sampled met the criteria defined in the special condition. Each report must contain the following information:

Date, time and rain gauge reading for the event sampled.

Analytical results (flow, pH, total dissolved solids, specific conductivity and sulfates) for the outIet(s) stream monitoring station(s) sampled each month to fulfill the requirements of this condition. '. DMM-5-A PERMIT NO. WVI026747 Page 14 of17

These monthly reports must be submitted qumterly no later thau twenty (20) days following the end of each qUarter. In the event that the sample will be used to substitnte for one ofthe required semi monthly sampling requirements, the analysis must also be included iu the illscharge monitoring report for that given month. .

Copies of the quarterly ieports are to be submitted in afonnat prescribed by WVDEP to: . West Virginia Department ofEnviromnerital Protection DMR-NPDES Program Manager 601 57th Street S.E. Charleston, WV 25304 and . WVDEP:'" Regional Office" Permit Inspector

8. REOPENER CLAUSE This. permit may be reopened and modified, suspended, revoked and reissued or revoked at any time if inibnnatioD booomes available and demonstrates that the established controls do not attain.and maintain the narrative water quality criteria af47 CSR 3.2.e and 47 CSR 3.2.i. 9. BIO-MONIToRING The permittee shill! conduct annual benthic survey(s) at the location of each biological monitoring station listed bel ow: .The benthic survey(s) shall be conducted between the dates of April 15th to October 15th. All biological survey(s) should be conducted as close to the·anniversmy date of the original survey as possible. The·benthic· Survey shall be in accordance with .the established and accepted protocols for the collection, analysis, documentation and presentation of biological. data from Standard Conditions for Env.ironment Assessments on Wadable Streams provided with the WVDNR Scientific Collection Permit and WVDEP's West Virginia ·Stream Condition Index ("WVSCI") protocoL .

If the a gency finds the condition of the aquatic ecosystem at the allsessment stations prior to.initiation of the permitted activity to be satisfactory, taking into account all potentially applicable criteria, then the acceptable future biological condition is a WVSCI score greater than or equal to the WVSCI value representing the 5th percentile ofreference (currently 68.0). If the agency fmds the conilltion ofthi: aquatic ecosystem at the assessment stations is less than satisfactory (currently 68), taking into account all potentially applicable criteria, then the applicant shall identify existing conditions within the watershed that maybe contributing to the problem. If a TMDt addressing biological impailment forionic stress is not in effect, a WVSCl scare greater than or equal to the·baseline value would represent an acceptable future condition.

Biological Monitoring Stations: Station l·atitude Longitude x BASI 37' 38' 50.0000" 81 0 23' 38.0000" BAS2 37" 39' 06.0000" 81' 23' 21.0000" BAS3 37' 39' 25.0000" 81' 22' 59.0000" BAS3A 37' 39' 23.0000" 81 0 22' 57.0000" " DMM-5-A PERMIT NO, WVl026747 Page 15 of 17

Wi1hin 90 days. after conducting the benthic survey the pennittee shall provide:

a, The West Virginia Stream Condition Index (WVSCI) benthic score (0 to 100 basis) and supporting metrics necessary for its calculation,

b. The CQrresponding stream habitat assessment SCOreS REP Visual-Based RabimtAssessment (0 to 200 basis) for the benthic stations, . . . . . c. Concurrent· in-stream samples for specific conductivty, total dissolved solids (IDS), pH, sulfate, . alkalinity, calcium, magnesium, sodium and potassium must be taken at the same locations along with .the benthic. samples. d. . Representative legible photography of the survey sites. e. . A DluTative Executive SummalY I Abstract stream characterization utilizing the benthic and habitat scores, wat~ quality, photos, field work and other applicable information such as tier level, wl\l1ll-water class, stream order, major/minor basins, pre-law mining impacts, logging activites, other land uses, etc. . . (f) Benthicmacroinvertebrate data. Data shall be'entered into the Access database (Contt'~ctv3.4 or 3.5) provided to holders ofWV Scientific CoJlection Permits. Data shall be submitted via the export queries built inti> the database. Minimum data to be provided: WVSCI Score and associated metrics;· raw deta (identifi cations and count); and number of grids picked in order to get 200 organism subsample. Also, habitat and water quality .data must be submitted via the export queries into the database. AlI iI).formation to be provided shall be sent to the issuing WVDEP Regional Office - NPDES Supervisor and Environmental Resources Analyst and to WVDEP Headquarters (Address: West Virginia Departrnent of Environllental Protection, DMR - NPDES EnviroDll1ental Resollt'Ces Analys~ 601 57th Street S. E. , Cha!leston, . WV25304).

10. WHOLE EFFLUENT TOXICITY LIMITS The permittee shall qUlU'tedyperform chronic toxicity tests as described below, on the effluent from Outlet(s) 002

a. Such testing will detennineif an appropriate dilute effluent sample affects the survival or reproduction of the test species .. Grab samples of the effluent, as prescribed in Section A, shall be collected for testing. The first day of sampling must be limited to when there has been less than 03 inches of rain in the three days prior to sampling and less than 0.1 inches of rain in the 24 hours pdor to sampling (this only applies to the first'grab sample of the test). An'appropriate statistical test shall be used:to determine whether differences in control and effluent data are significant.

. The permittee shall conduct a three brood (6-8 days) CeriodapJmia Dubia sUt'Vival and reproduction toxicity test on the final effiuent diluted by appropriate control water. Toxicity will be .demonstrated if there is a statistically significant difference at ihe 95 percent confident level in survival or reproduction between Ceriodaphnia Dubia exposed to an appropriate conttol water and the final effluent. All test solutions shall be renewed using an approved renewal schedule. DEP requires TDS, conductivity, sulfate. and bicarbonate analyses for each aliquot used in WET testing. If, in any control, more than 20% of the test organisms die, or less than 60% of surviving females in controls produced their third brood, tbat test shall be repeated. DMM-5-A PERMlTNO. WVI026747 Page 16 ofJ7

b. Results shall be reported in terms of chronic toxic lmits (TUc) and shall be submitted with the corres ponding monthly Discharge Monitoring Report (DMR).

Wc~ 100INOECorNOEL

.Where NOEC (or NOEL) is No Observed Effect Concentration (or Level), which is expressed as percellt (volum~) effluent in dilution water. For Exaffiple, ifNOEc is 10%, TUc= 1 00/1 0=10

When the effluent demonstrates no toxicity at 100% effluent (no observed effect), the permittee may report zero We..

c. The ~onitorillg required, herein, shall be conducted in accordance with the sample collection, ·.preservation, and analytical procedures specified in 40 CFR 136. d. In addition to the monitoring data: reporting requirements of 40 CFR 136, the exact age of the test organisms at the initiation of the test shall be reported. The range of the Ceriodapbnia Dubia used must be reported as a range in hours. All Ceriodaphnia Dubia used in the test must be less than 24 hours of age ~t test commencement. The age difference between the youngest and oldest Ceriodaphnia Dubia used in the test must not exceed eight(8) hoUl'$ .. e. The chronic toxicity testing shall be performed on.a quarterly (I/quarter) basis with at least thirty (30) days . between tests. The first chronic toxicity testing shaJl be carried out within 3 months from the construCtioll of the above specified Outlet(s). f. . If chronic effiuent toxicity testing shows· noncompliance with the specified limitations prescdbed in Section A, tile permittee. shall immediately resample and test the effluent This shall be perfo,mod within 30 days of the initial demonstration ofnoncoffipliance with the whole effluent toxiCity discharge limitations prescribed herein. Copies of the l'etesting results shall be provided to the nu:ector immediately upon completion of the test. g.' If the second test shows compliance, chronic effluent toxicity testing shall contillue in accordance with the requirements, as prescribed herein. However, lfthe second teS! shows noncompliance, the permittee must, within 60 days, submit an adaptive management plan (AMP) identifying .ctions it will take to achieve compliance with the WET discharge limitations . . h. The Director may impose further requirements should tile chronic effiuent toxicity testing results demonstrate noncompliance. All information to be provided shan be sent to the issuing WVDEP Regional Office - NPDES Supervisor and EnviroIirnental Resources Analyst and to WVDEP Headquarters (Add.reSs:West Virginia Departmerit of Environmental Protection, DMR - NPDES Program Manager, 601 57th Street S; E. ,Cruirleston, WV 25304).

11. BIO-MONITORlNG (CHEMICAL) FREQUENCY: Chemical monitoring for Biological Assessment Stations shall be perfonned quarterly as stated per the West Virginia Narrative Water Quality Standards document. DMM-5-A PERMIT NO. WVI026747 Page 17 of 17

The herein-described activity is to be extended, modified, added to, made, enlarged, acquired, constructed or installed, and operated, used and mamtained strictly in accordance with the terms and conditions of this pennit; the plans and specifications submitted with Permit Application No. WVI026747, completed the 30 day of November 2012; the information submitted with the application for Reissuance No. NIA compl~ted the NI A day of NIA N/A, with. the plan of maintenance and method of operation thereof submitted with such application(s) with the WVNPDES.Regulations, Series 30 and with any applicable rules and regulations promulgated by the State Environmental Quality Board. -

Failure to comply with the terms and conditions of this permit, with the plans and specifications submitted with permit Application No_ WV!026747, completed the 30 day of November, 2012, with the infOlmation submitted with Application No. for Reissuance No. N/A completed the N/A day ofN/A, N/A and with the plan of maintenance and metOOd of operation thereof submitted with such application(s) shall constitute gronnds for the revocation or suspension of this permit and for the invocation of all the enforcement procedures set forth in Article 1l,Cllapter22 of the code of West Virginia. -

This permit is issued in accordance with the proVisions of Article 11 , Chapter 22 of the Code of West Virginia and is transferable under the tenns ofWVNPDES Regulations, Series 30, Subsection 3.5.c. SPIECHAl SAMil'UNG CONDITION RIEPORTING fORM

CONSTRUCTED DISCHARGE THAT IS MOST DOWN-DIP .

I certify under penalty of law that this documenl and all attachments were prepared under my direction or supervision In accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system. or Ihose persons directly responsible for gathering the iriformation, Ihe informalion submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware thai there are significant penalties for submitting false Information, including the possibility of fine and Imprisonment for knowing violations. EMERGENCY RESPONSE SPIlL ALERT SYSTEM WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

REOUIREMENTS; West Virginia Legislative,Rules Title 47, Series II, Section 2 effective July 1, 1987.

, RESPONSIBILITY FOR REPORTING: , " Each and every person who may cause or he responsible for any spill or accideutal discharge of pollutants into the .watel~ of the State shall give immediate nOtification to the Emergency Notification NUlllber 1-800~42-3074. Such" notification shall set forth insomr as possible and as soon thereafter as practical the time and place of s'ucb spill 91' discharge; type or types and quantity or quantities of the material or materials therein, action or actions taken to stop such spill or , disCharge and to minimize the polluting'effect thereot; the measure or measures !aUJl or to be taken in order to prevent a ' recurrence of any such spill or discharge and such additional infonnatiOlias may be requested by the Department of Environmental Protection. A written verification of such notification shall be submitted upon request of the Department of Eitvironmental Protection. ' , , ' . It shall be the responsibility of eacbinduStrial establishment or other entity discharging directly into a stream to have available the fullowing information pertaining to those substances that are employed or handled in its operation'in sufficiently large amount as to constitote a hazard in case of an accidental spill or discharge into a public stream: ' , 1. Potential toxicity in wateno main, animalS,and aquatic life;'· 2. Details on analytical procedures for the quantitative estimation of such substances in water; and 3. Suggestions on safeguards or other precautionary measures to nullify the toxic effects of a substance once it has gotten into a stream. . Failure to furnisb such information as required hy Section 14, Article 11, Chapter 22, Code of West Virginia ,shall be punishable under Section 24, Article 11, Chapter 22, Code of West Virginia. .. )t sbaJl be the responsibilitY of any person who causeS or contributes in any way to t)1e spill or accidental discharge of any pollutant or pollutantS into State waters to immediately take any and all measures necessary to contain such spill or, , discharge. It shall further be the resp'onsibility of such per$on to lake any and all measures necessary to clean up, remove and otherwise render snchspill or disch.arge harmless to the water of the State. ' WlIen tha Director, Division of Water and Waste Management ~etermines it necessary for the effective contairunent and abatement of spills and accidental discharges, the Director of Water and Waste Management may require1he person or . persons responsible for such spill or discharge to monitor affected waters on a manner prescribed by the Director of Water and Waste Maoagement until the possibility of any edverse effbct OIl the waters oftbe State nO longer exists.

VOLUNTARY REPORTING BY LAW OFFIcERs. U.s. COAST GUARD. WCK MASTERS AND OmRS: In cases involvirlg ,'iver and higbway accidents where the responsible party mayor may not be available to rep0l1 the incident, law officers, U.S. Coast Guards, Lock Masters and other interested persons should make the repOlt. '

WHO TO CONTACT: . Notify Department Headquarters in Charleston, West Virgitria at the following number: 1-800-642-3074. (This is a toll-free, 24·hour emergency response nwnber.)

INFORMATION NEEDED: ~ Source of spill Or discharge • PersolUlel at the scene • Location of incident • Actions initiated • Time of incident • ShipperlManufactul'er identification • Name of material spilled/discharged .. Railcarfrruck identification numbers e Amonnt of material spilled/discharged • Container type • Spilled/discharged materials toxicily RIGHT 10 APPEAL

Notice is hereby given of your right to appeal the terms and conditions of this agency action as provided under West Virginia Code § 22"11 ,2l. Pursuant to the provisions of§ 22B,I~7(c), a person subject to this action (permittee) may file an appeal to the Environmental QualityBoard . (EQB) within 30 days of being served notice of such agency action. For oUler parties (citizens) adversely affected or aggrieved by this action, an appeal may be filed to the EQBwitbin 30 days after the date upon which servicewas complete to the subject person "(permittee)". Such Notice of Appeal sllal! be sent to the ·EQB on the [olm prescribed by the Board.

West Virginia Environmental Quality Board 601 57th Street, SE Charleston, West Virginia 25304 i': (·.·.o::o."y·.:: ill .I~ '. , . Wi. 'tY>lf.i; . lj ~'Ii ~1> lIM , RATIONALE PAGE

NPDllS Numbe r; WVl026747 (WPD-l)

County: Wyoming and Raleigh

Company Name: CARBON RESOURCES DEVELOPl>jllNT INC

Facility Name: Maben Mine No. 1

SMA/Permit No.: U300912 (SMA)

Other Apps:

Date of Draft: 11/3012012

Penuit Write~: l>jike Mertz

Region~ oak Hill

1. New or expanded discharge? ~

"2. Faciiity eligible for General permit? !2

3. Basis for effluent limitation:

A. Determine uses of each receiving stream.· Stream Uses StreBIU :Wrone

A,B/C/O UT of SLAB FI( A,B,C,D Slab Fork of Guyandotte River

B. Parameters of concern: pH Yl!\S Fe ~ Mn Al ID) ns Al (T) !Q Others

specify Others ~

C. Justification Review:

carbon Resources-Development/ Inc., 3324 Pennsylvania Ave· I Suite 222, Charleston, WV 25302 submitted e-P application WV1026747-N~Dll) on 03/03/2012 requesting a new WVNPDES permit in order to open and operate. a coal deep mine (Maben Mine No.1 - SMA,U300912) inc1uding construction of slope and shaft openings in the poca.hontas Woo 3 seam of coal. ThE;! operation will discharge treated water and stormwater runoff therefrom into unnamed tributaries of/and Slab Fork of Upper Guyandotte River of the Ohio River, The operation is located 3 .50 miles north of Mullens, wV in Slab Fork Districts of Raleigh and Wyoming Coullties, WV - Long. 81-23-17/ Lat. 37-39-04. The permitted/bonded surface disturbances for the mine will be located in Wyoming County off of wv- Route 54 and the full extent of underground mining will be located in both Wyoming and Raleigh counties. A total of 9.7 acres 'of disturbed area is proposed inciuding'the slope and shaft openings, temporary spoil storage area, facilities/parking area, drainage and sediment control structures and haulroad and access roads. Carbon Resource Development's "Maben Haul road" (0301811/\1JV1026551) which was recently permitted/approved by wVDlip on 07/24/12 lies in the middle of this deep mine operation and will "be utilized for coal haulage and access. This facility is located in Hydrologic Group E (Upper Guyandotte River). pe:tmit term {if issued in 2012) will be for a 3-year period -in accordance -with the Watershed Management Plan whe"reby all permits in the Upper GUYandotte River waterShed will expire in: 2015. Activities allowed: in the NPDES draft permit include Deep Mine,Dewater .Allowed,Haulro.ad, and Storm water.

A~~~~CAB~~~TY OF WV ~TlVE WATER QU~I~Y S~ANDARDS Proposed outlet 002 (Sediment Ditch 1'10..2) will discharge both surface runoff from the slope opening area and pumped deep-mine water (max. 500 gpm) that will be required during the initial constructio.n, phase o.f the slope opening. Pumping is not anticipated t.o be continuous but rather intermittent as~needed. Pumped and/or gravity flow"deep mine discharges are considered a"s non~precipitation induced discharges t"hat may have a reasonable potential (RP) to. cause, or co.ntribute to an excursion from the narrative water criteria per WVDEP's Permitting Guidance for SurfaGe Coal Mining Operations to protect West Virginia's Narrative Water Quality Standards, 47CSR2-sections 3.2.e and"3.2. i issued August 12, 2010 and revised August 18, 2010 and May 11, 2012_ As such, proposed outlet 002 has been assigned ,Whole Effluent To)ticity (WET) liIhits of 0.8:2 TUc {avg. monthly} 'and 1.64 TOe (max. daily) on a quarterly sampling frequency including associated monitoring of bicarbonate parameters on a serni~rnonthly basis. AdditionallY, an Aquatic Ecosystem Protection Plan (AEPP) is included in the applicatiol! that outlines control meaSures for maintaining the health ,of -the aquatic ecosystem and -'complying with the State's riarra tive water·quality. standards. Four Biological Assessment Stations (BAS) were selected by the DEl? staff and subsequently sarnpleo/collected by REIC lab_ Results of the AEPP/llAS is :Lnclud-ed in both the SMA and NPDES e-P applications. Four BAS. stations BAS1, "BAS2, BAS3 and B1;S3A are located on an unnamed tributary of/and Slab Fo:z::k upstrealu/downstream of the. proposed deep mine. To monitor the. future health of the benthic community of the receiving stream, these four BAS station!? are assigned in the draft .permit for QUARTERLY chemical rnorli toring and ANNUAL benthic Jnonitoring.

In contrast, the rema~ning outlets (001,003 and 004) are considered precipita tion- induced discha}:"ges (Le. associated _with on-bench sediment structures that discharge in, direct response to precipitation only). According to the permitting Guidance for" Surface Coal Mining Operations to Protect West Virginia's Narrative Water Quality standards, 47CSR2~sections 3.2.e and 3.2.i issued August 12,'2010 and l'evised August 18, :2010 /. 'May 111 :2012 i facilities of this type are unlikely to cause or cohtribute to violations of West Virginia's narrative water quality standards. precipitation induced discharges . (stonnwater) flow only in l;"esponse to precipitation and do not have residence time with unweathered rock' and therefore would not be expected to have elevated mineralization/ ions .in the discharge. OUtlets that only flow during precipitation events are flowing only at the time when the receiving streams have the grea_test assimilative capa.c1ty (dilution). Specifically., these ·areas of the permit are designed to not discharge during criti-cal low 'flow conditions of the r~ceiving stream and therefore, does not have a reasonable potential to adversely impact the aquatic ecosysteICl. Obviously, during times when an outlet produces no flow, it cannot affect water quality. .

ANT~DEGRADAT~ON REVXEW: AS previously stated, there will be a total of four (4) outlets assigned in this draft permit. outlet 002 is a non"::precipi tation induced discharge and outlets 001, 003 and 004 are ·precipi tation-induced discharges., outlets 001,002 and 003 discharge directly into Slab Fork. outlet 004 (Sediment Ditch 4. at the t.amporary spoil storage area.) actually discharges into.an.unnamed tributary of Slab Fork which has been dete:t'n\ined to be a non-jurisdictional stream by the US Army Corps of Engineers (refer to PJD letter/maps in application}and is not considered in this antidegradation review for calculating limits at outlet 004. An old pre-law mine dump (coal refuse pile) is loca.ted in this hollow and has created a disconnect between the unnamed tributary and main Slab Pork.

All affeqted receiving streams for this permit are located in Hydrologic Group E (Upper Guyandotte River) . Slab Fork (entirte length) is a designated (documented) trout water. Per PEP records, it is not a regular ~put and takeN trout stream, but is instead stocked with fingerlings suppli,ed by DNR. The tributaries of Slab Pork are 'considered as warmwater streams. slab Fork is listed in the Upper Guyandotte River TMDL (2004) and 2010 WV303 (d) list as inwaired tor Fe, (MIl-now delisted} , A1(d) (trout). and CNA-Bio.logical. Baselil?-e Water Qual'ity (BWQ} water .analyses confinns Al (d) (trout) impa-irment. Since the approval of the upper Guyandotte River TMDL, changes in the State's criteria for manganese and aluminum have occurred. Manganese was not considered under a .Tier II review, due to the mine. site location being outside of any 5-Mile drinking water intake zone. Because of this, it was also not considered as an impairment. New Source Effluent Limitation Guidelines for manganese have been applied to a)l outlets via a modified EPA TSD program -which. applied a wasteload of 2.00 mg/l using a BAT (2.0 mg/l/ 4.0 mg/l) limit. Aluminum·was considered a parameter of concern for coal mining discharges in the mid to late 1990 1.s and has been included in WVNPDES permits since 2002. Both total and dissolved aluminum are required in the BWQ collection, but only total aluminwn will be assigned limitations in the permit. since the State's standard for aluminum is in the dissolved form, it must be converted (translated) into total, 'as required by EPA under the NPOES monitoring and reporting programs. Aluminum wasteload allocations are calculated at the 0.75 mg/l WQS criteria for ",arrnwater streams and 0.08i mg/l WQs for troutwaters or capped at these criteria if downstream irupair.ment is present. selenium is considered a suspect parameter of concern in certain coal seams of the Upper Kanawha Formation, and is now a required parameter to test in the BWQ collection. A Tiered Antidegradation Review was conducted for this draft permit in accordance with West Virginia's Antidegradation Implementation under 60 CSR 5 and OUldance documents'. All effluent .limits calculations \llere derived from the-latest version of DEP' s "BWQ' Workbook n . Only one Baseline Water Quality (BNQ) station was required for both the Maben Haulroad and the Maben Mine No .. 1. BWQ 0182-50 (DSSF'l) in Slab Fork \'las used to calculate water Quality Based Effluent Limits (WQBELs) for all four outlets aSs.igned to this draft permit, 'rhis same BWQ was used for ass.ignrnent of three outlets. associated with the adjacent Maben Halilroad (l"t Permit-Iri) _ Proposed outlet 002 was calculated separately as "2nd -Permit-In" .and ll remaining outle'ts OOli003,and 004 as ~'3I:d pennit-In • As shown on the BtrlQMap in thewo~kboOk, the reachshed boundary for this BWQ station extends into the unnamed tributarY to the oLd mine dump where ~he stream i,s non-jurisdictional (USACE) above- this point. Alt IMQ samples were collected aqd analyzed by Appalachian Laboratories, Inc. (certified :ial?) ,for prerequlste pH, total Fe, total Mn, total AI, dissolved AI, total recoverable Se and :measured flows. In general, these 'parameters have beel). -selected by DEP as parameters' o"t. concern based on simple reasonable potential assessments previously conducted for coal mining operations in west Virginia. supplemental analyses were also conducted including Specific Conductance, TPS, Sulfates, 'l'SS and Turbidity_ BWQ water analyses confirms Al(d} (trout} impainnent. Altunintun wasteload allocation of 0·, OS7 assigned. BWQ water analyses does not

. indicate Fe (t) impa~rment based on new State WQS of 1.00 Ing/I. However J ' a wla of '1. 00 is assigned . since the ·Fe impairment is listed in the TMDL. Without conducting an updated trndl modeling, DEP has. no irmnediate plans to make this determination. Disc\lssions with DWWM indicates that the stream·may be de-listed for Fe{t) based on available'stream data in the upcoming 2012303 (d) list. Therefore, due to the impairments for Blab Fork -Fe,- Mn and T.Al are assigned ~ier I - ·trout cri teria (end-of-pipe) effluent limits (effluent t.ype "L") .

OU'lLE'l' 002 (Pllm'ED)' The effluent limits assigned to outlet 002 is as follows: Fe: 0.95 mg/l . (&vg. monthly)1 1.64 mg/l (max. daily) Mn. 2 .• 00 mg/l (avg.monthlY)1 3.47 mg/l (max. dsHy) ·:v.Al\ 0.08 mg/l (a'O's. monthly)1 0.14 mg/l (max. daily) D.Al: Report On~y· (a'vg.· monthly) I Report Only (ina;;, liaily) o;

OUTLETS 001. ooa, 004 (ON-BlmCH): The effluent limits' as?igned to outlets 001, 0.03 and 004 are as follows; Fe: 0.95 mgll ( ..vg •. lIIOnthly) I 1. 64 rngllc (mal<. daily) Mn: 2.00 mgll (avg; monthlY)1 3.47 mg/l (max. daily) T.U, 0.08 mg/l (SV9. monthly)! 0.14 mg/l (max. daiJ.y) D.ll: Report·OnlY (avg. monthly) I Report Only (ms". daily) o;

Monitoring requirements for total dissolved solids, sulfates and specific conducti'Vity have· been 'added to all outlets and instream stations in this draft pennit to address USEPA's conc~rns with West Virginia's narrative water quality standards. .

NPDES INSTREAM MONiTORING.

Six routine NPDES instream moni toring stations (USSF2, UTSF'4 I UTSF3, DSSF1, DSSF and DSSF2 ) upstream/downstream on Slab Fork as shown On Exhibit l-VI-A and listed in the e':'p application are assigned in the draft permit to monitor stream quality during active mining operations.

SELEm:uM: A deterrninat ion has bee.n made that this proposed deep mine does NOT have reasonable potential to cause or contribute to Belenium (Se) concent;rations exceeding the current State Water Quality Standard of 5 ug/l (chronic aquatic use). None of the immediate receiving streams al."e liste.d for Selenium Impairmen_t' in either ·the Upper Guyandotte Ri vel.' TMDL Report or th.e Stat:e's2010 & 2012 (dra£t) 303 (<1) Lists. All. BWQ water analyses in Slab Fork, with e)(ception of One sample,' shows Se concentrations of non~detect {lab ndl<= < 1 ug/l). There W"ill be nohighW"all excavation or significant s\lrface disturbances involved with the slope and shaft opening construction. Overburden ABA/Be analyses of Drill Hole ID WpP-10A representing the interval from the surface thro\lgh and beloW" the coal seam does -not indicate any Be concentrations (other than the coal itself) above DEP's threshold level of 1 rug/kg. ·Se concentrations ranged from <0.06 ppm to 0.86 ppm in all non-coal intervals. The Pocahontas No.3 coal seam is not considered to be Be-producing. In conclusion, the proposed Maben •• j.'

Mine No. 1 has been determined· to not have reasonable potential to cause or contribUte to selenilllll water quality criteria violations. No Se moni taring or limits are assigned to the draft per.mit.

40 CFR PAR~ ~34' Since .this is a new·coal mining operation, the NPOES effluent limits in the draf~ peX1nit must be establi"shed in accordance with the.New Sourc~ Effluent Limitation Guidelines (ELG8) as mandated in 40 CFR 434. Specifically, the provisions of 40 CFR - Pa,t '434, subpart C

(Acid or Ferruginous Mine· Drainage) I ,subsecti.on 434.35 New Source l?erfol"mance S·tandards (NSPS) were applied. . Flow; pH, iron, mangan~se, TSS and Settleable ·Solids are the minimum required param~ters. Aluminl,1Ill and Selenimn (where applicable) are addi:t:ional parameters of concern for WVNPDES permits. For this coal d~ep mine, pH and TSS are in accordance with NSPS. Iron, Manganese and Aluminum were assigned more stringent iirnits b~sed uPon the Tier I or II antidegradation review, TMDL and/or 303(d) stream impairment listings.

PE~IT SPEC~AL CONDX~X~S' The draft permit for WVl{l26?47-NPD(1) includes various per.mit special conditions ae required by wvnEpl s "Permitting Guidance for· Surface Coal Mining Operations to Protect Wes t

Virginia j s Narrative· Water Quality Standards" ,. 47CSR2-sections 3.2.e and 3.2.i issued Augus·t 1~, 2010 and revised August 18, 2010, May 11, 2012 related to outlets that do or

do not hi;llve· the reasonable poterttial {RP) to. cause l or contribute to an· excursion from the narrative water .quality criteria. special Effluent Characterization (D.6), Special Sampling condition {D.7) ,Reopener clause (0.8), Bio-Monitoring Condition (D.9), Whole Effluent Toxicity Limits (D.lO) and llio-Mon'itoring (Chemical) Frequency Condition (D.ll) are applicable ·for this draft permit. A short description of the Special Sampling Condition relevant to on-bench outlets 001, 003 and 004 is further described as fol19WS! SPECIAL SAMPLING· CONDITION - This Special sampling condition is being .f:\~ded to the permi t to verify the presumption ehat disch~rges from on':"bencb outlets wbi·ch flow only in rasponse to precipitation would not be expected to have reasonable potential to ·cause or contribute to a ·violation o.f the. narrative water quality standards. The sampling is also intended to document relatiollship between d~soharg~s from olJ-bS:l1ch outlets (precipitation-induced)· and stream quality ·and tQ verify that discharges from these outlets only flow when .straams have the greatest ~ssimilative oapaci ty. Sample s~te criteria are being specified to direct sampling to the outlet (s) Ji"/bl.ch are most likely to discharge during any given sa.mpling event in response to precipi tation. The sample lOCB tions .will change in response to the progress of mining.

4. Types of effluent limitations;

Teohnology Eased OUtlets (0):

Water Quality Based OUtlets (4): 001; 002, 003, 004

Best professional Judgment Based outlets (0):

Special outlets (0):

Ammonia Outlet.s (O):

sewage OUtlets ( 0) , Additional Comments: No instream construction activities are associated·with this deep mine. Other mining activities proposed by Carb~n Resources Development, Inc. in th.is vicin"ity may require 404/401 permitting action .and will be addressed under such respective applications.

5. Special conditions or other monitoring requirements:

Stream Monitoring: USSF2, UTSF4, U'l'SF3, DSSFl, DSSF2

Groundwater Monitoring: N/A 6. DoeS the application contain: valley fills/refuse? N/A Ephemeral Streams? N/A 'In IntermittentJPerenrlial Streams? NJ.h " ....

,I .

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY LJCOPV REGION iii 1650 Arch Street Philadelphia. Pennsylvllnla 1e~03·2029 i ' i· I·

Mr. Jeffrey Parsons I; West Virginia J)eparlnient ofEnvironmental Protection. , i Division of Mining & Reclamation . 601 571h Street SE Charleston, WV 25304

Re: WV NPDES No. WV1026747 - New Source .CarbanResourcesDevelopmem Inc. Maben Mine No.1 I SMCRA No. U3009l2 ! EPA ReceiptDate - DeCOOlher 20, 2012 i

DearMr. Pru:sons:

Pursuant to Section 402 offue Clean Water Act, 40 C.P.R. § 123.44, and the . Memorandum ofAgreement Regarding the Admfnltrtta!ion and Enforcement ofthe National Pollutant DIscharge Elimination System (NPDES) in West VIrginia (1982) (MOA), the U.S. Environmental Protection Agenoy (EPA) Region mreceived fue above referenced draft permit.

Carbon Resources Development Inc. proposes to open and operate Maben Mine No.1, a ,,. deep mine with a total of9.7 acres ofdisturbed area. Outlet 002 will discharge both smface runoff and puniped deep mine water, and is therefore considered noli·pr~ipitation induced. , Outlet 002 has been assigned Whole Effluent Toxicity (WET) limits, and ~ Aquatic Ecosystem !" Proteotlon Plim is included in the appliaoation. The remaining outlets (001, 003, and 004) are precipitation induced, and the draft permit requires a special sampling condition. Based on our limited review, we will not be providing comments.

Please forward a copy of the final petmit when issued. Feel. free to contact me at (215) 814·5717 if you any questions oreall Jaclyn Mcnwain at (2)5) 814-2713. .

. i SincereJy, ~ s.llt~v.{ : .... ' Eve1ynS. MacKnight, Chief '. NPDES Pewits Branch (3WP41) Water Protection Division

.0 Printed on 100% teeyc/edlreeyc/uble paper with 100% posl-cQIIsumer jlber and process chlorinefree. . Custotner8ewice Hotline: 1.800-438·2474

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