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Page 1 of 32
COMMONWEALTH OF VIRGINIA
Department of Mines, Minerals and Energy
Division of Mined Land Reclamation
NPDES Permit Number: 0082253
Associated CSMO Permit Number: 1302253
Permit Application Number: 1010632
Permit Original Issue Date: 12/29/1983
Application Approval Date: 09/30/2019
Expiration Date: 12/29/2023
AUTHORIZATION TO DISCHARGE UNDER THE
VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM
AND
THE VIRGINIA STATE WATER CONTROL LAW
Pursuant to Authority under Section 45.1 -254 of the Code of Virginia, as amended, and the Virginia Pollutant
Discharge Elimination System (VPDES) Regulation, Part X - Delegation of Authority to the Department of
Mines, Minerals and Energy for Coal Surface Mining Operations (9VAC25-31-940), the following owner is
authorized to discharge from the facility listed below in compliance with the provisions of the Clean Water
Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto and in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Sections
A, B, C, and D of this permit and the plans and requirements found in joint CSMO/NPDES permit number
1302253/0082253 and any and all subsequent approved permitting actions. For the purpose of this permit,
NPDES and VPDES permits are synonymous.
Owner:   RUSSELL COUNTY RECLAMATION, LLC
Facility Name:   MOSS #3 PREPARATION PLANT
County:   RUSSELL
Facility Location: ON DUMPS CREEK NEAR SOUTH CLINCHFIELD
The owner is authorized to discharge to the following receiving streams:
Stream Name Stream Basin Stream Subbasin Stream Tier
DUMPS CREEK TENNESSEE CLINCH - CLINCH RIVER Tier I
MIDDLE FORK TENNESSEE CLINCH - CLINCH RIVER Tier I
COMMONWEALTH OF VIRGINIA
Department of Mines, Minerals and Energy
Division of Mined Land Reclamation
NPDES Permit Number: 0082253
Associated CSMO Permit Number: 1302253
Permit Application Number: 1010632
Permit Original Issue Date: 12/29/1983
Application Approval Date: 09/30/2019
Expiration Date: 12/29/2023
AUTHORIZATION TO DISCHARGE UNDER THE
VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM
AND
THE VIRGINIA STATE WATER CONTROL LAW
Pursuant to Authority under Section 45.1 -254 of the Code of Virginia, as amended, and the Virginia Pollutant
Discharge Elimination System (VPDES) Regulation, Part X - Delegation of Authority to the Department of
Mines, Minerals and Energy for Coal Surface Mining Operations (9VAC25-31-940), the following owner is
authorized to discharge from the facility listed below in compliance with the provisions of the Clean Water
Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto and in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Sections
A, B, C, and D of this permit and the plans and requirements found in joint CSMO/NPDES permit number
1302253/0082253 and any and all subsequent approved permitting actions. For the purpose of this permit,
NPDES and VPDES permits are synonymous.
Owner: RUSSELL COUNTY RECLAMATION, LLC
Facility Name: MOSS #3 PREPARATION PLANT
County: RUSSELL
Facility Location: ON DUMPS CREEK NEAR SOUTH CLINCHFIELD
‘The owner is authorized to discharge to the follo
DUMPS CREEK | TENNESSEE | CLINCH - CLINCH RIVER
MIDDLE FORK | TENNESSEE | CLINCH - CLINCH RIVER
Kindy (Cae
Director, Diva of Mined Land sae ca
Lids
Date
Page 1 of 32
Page 2 of 32
Permit Contents
The complete joint CSMO/NPDES permit consists of the following:
I. The approved CSMO/NPDES Permit Application, and any and all subsequent approved
permit revisions, renewals, midterms, anniversary reports, completion reports, and DMLR
administrative actions.
II. The CSMO/NPDES Permit Document, including
Permit Signature Page
Section A – Effluent Limitations and Monitoring Requirements
Section B – Schedule of Compliance (if applicable)
Section C – Standard Terms and Conditions
Section D – Other Requirements
Facility Information
Permittee Name: RUSSELL COUNTY RECLAMATION, LLC
Address: 2700 LEE HIGHWAY
City:  BRISTOL   State:  VA Zip:  24202
Facility:  MOSS #3 PREPARATION PLANT
Total permit acres:  1305.93,  RUSSELL
Application Information:
Application Type:  RENEWAL C/N
Application Description:  CSMO/NPDES Permit Renewal
NPDES Outfall Description:
NPDES outfalls associated with this permit result from the control of surface water runoff resulting from
precipitation and/or groundwater discharges from coal mining activities associated with mining.  Treatment
facilities may include sedimentation structures, chemical treatment such as the addition of neutralizing
agents or flocculants, or no treatment (in the case of direct discharge of underground mine drainage when
treatment is not required to meet applicable effluent limitations).  The following details describe the
treatment facility or source associated with each approved outfall.  Specific information regarding each
outfall and facility is found in Section V and Section XII of the CSMO/NPDES permit.
NPDES PERMIT v. 1.01
Permit Contents
‘The complete joint CSMO/NPDES permit consists of the following:
I. _ The approved CSMO/NPDES Permit Application, and any and all subsequent approved
permit revisions, renewals, midterms, anniversary reports, completion reports, and DMLR
administrative actions.
I. The CSMO/NPDES Permit Document, inclu
Permit Signature Page
Section A~ Effluent Limitations and Monitoring Requirements
Section B — Schedule of Compliance (if applicable)
Section C - Standard Terms and Conditions
Section D— Other Requirements
ig
ity Information
Permittee Name: RUSSELL COUNTY RECLAMATION, LLC
Address: 2700 LEE HIGHWAY,
‘ity: BRISTOL State: VA Zip: 24202
MOSS #3 PREPARATION PLANT
Total permit acres: 1305.93, RUSSELL
Application Information:
Application Type: RENEWAL C/N
Application Description: CSMO/NPDES Permit Renewal
NPDES Outfall Description:
NPDES outfalls associated with this permit result from the control of surface water runoff resulting from
precipitation and/or groundwater discharges from coal mining activities associated with mining. Treatment
facilities may include sedimentation structures, chemical treatment such as the addition of neutralizing
agents or flocculants, or no treatment (in the case of direct discharge of underground mine drainage when
not required to meet applicable effluent limitations). ‘The following details describe the
treatment facility or source associated with each approved outfall. Specific information regarding each
outfall and facility is found in Section V and Section XII of the CSMO/NPDES permit.
Page 2 of 32
Page 3 of 32
Section A
Permit Requirements
A.  EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Outfall 001      MPID 3985044
Parameter Monthly Avg. Maximum Minimum AEL Sample Rate/Interval
Flow NL GPM NA NA NA 6/Quarter
pH NL Std 9.0 Std 6.0 Std NA 6/Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA 0.2 In 6/Quarter
Total Dissolved Solids NL mg/l NA NA NA 6/Quarter
Iron, Total 3.5 mg/l 7.0 mg/l NA 0.2 In 6/Quarter
Settleable Solids NL ml/l 0.5 ml/l NA NA 6/Quarter
Outfall 002      MPID 3985045
Parameter Monthly Avg. Maximum Minimum AEL Sample Rate/Interval
Flow NL GPM NA NA NA 6/Quarter
pH NL Std 9.0 Std 6.0 Std NA 6/Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA 0.2 In 6/Quarter
Total Dissolved Solids NL mg/l NA NA NA 6/Quarter
Iron, Total 3.5 mg/l 7.0 mg/l NA 0.2 In 6/Quarter
Settleable Solids NL ml/l 0.5 ml/l NA NA 6/Quarter
Outfall 003      MPID 3985046          Representative Outfall
Parameter Monthly Avg. Maximum Minimum AEL Sample Rate/Interval
Flow NL GPM NA NA NA 6/Quarter
pH NL Std 9.0 Std 6.0 Std NA 6/Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA 0.2 In 6/Quarter
Total Dissolved Solids NL mg/l NA NA NA 6/Quarter
Iron, Total 3.5 mg/l 7.0 mg/l NA 0.2 In 6/Quarter
Settleable Solids NL ml/l 0.5 ml/l NA NA 6/Quarter
Rep Chem RMR  NA NA NA 1/Permit Term
Acute WET RWETMR TUa NA NA NA 1/Quarter
Chronic WET RWETMR TUc NA NA NA 1/Quarter
Section A
Permit Requirements
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
Outfall 001__MPID 3985044
Parameter Monthly Avg. Maximum “Minimum AEL ‘Sample Rate/Interval
Flow NL GPM NA NA NA ‘iQuarter
pil NL Sid 9.0 sta 6.0 Sid NA 61Quarter
Total Suspended Solids 35.0 mgl 70.0 mel NA 02 In 6/Quarter
Total Dissolved Solids NL mot NA NA NA 61Quarter
Iron, Total 3.5 mpl 70mg NA 02 In 61Quarter
Seitleable Solids Ni mit 0.5 mill NA NA 6/Quarter
Outfall 002 _MPID 3985045
Parameter Monihly Avg. Maximum Minimum AE Sample Rate/Interval
Flow NL GPM NA NA NA ‘iQuarter
pil NL Std 9.0 Sud 6.0 Std NA 6/Quarter
Total Suspended Solids 35.0 mel 70.0 mei NA 02 In 61Quarter
‘Total Dissolved Solids Ni mg! NA NA NA 6/Quarter
Iron, Total 3.5 mal 70 mei NA 02In 61Quarter
Seitleable Solids Ni mit 0.5 mill NA NA 6/Quarter
Outfall 003_MPID 3985046 _Representative Outfall
Parameter Monthly Avg. Maximum Minimum EL ‘Sample Rate/Interval
Flow NL GPM NA NA NA ‘/Quarter
pH NL Sid 9.0 sid 6.0 Sid NA 6/Quarter
Total Suspended Solids 35.0 mel 70.0 mel NA 02In 61Quarter
Total Dissolved Solids NL mg! NA NA NA 6/Quarter
Iron, Total 3.5 mg/l 70 mel NA 0210 6/Quarter
Scitleable Solids NL mi 05 mit NA NA 61Quarter
Rep Chem RMR NA NA NA Permit Term
‘Acute WET RWETMR TUa NA NA NA Quarter
Chronic WET RWETMR TUe NA NA NA Quarter
Page 3 of 32
Page 4 of 32
Outfall 004      MPID 3985047
Parameter Monthly Avg. Maximum Minimum AEL Sample Rate/Interval
Flow NL GPM NA NA NA 6/Quarter
pH NL Std 9.0 Std 6.0 Std NA 6/Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA 0.2 In 6/Quarter
Total Dissolved Solids NL mg/l NA NA NA 6/Quarter
Iron, Total 3.5 mg/l 7.0 mg/l NA 0.2 In 6/Quarter
Settleable Solids NL ml/l 0.5 ml/l NA NA 6/Quarter
Outfall 005      MPID 3985048
Parameter Monthly Avg. Maximum Minimum AEL Sample Rate/Interval
Flow NL GPM NA NA NA 6/Quarter
pH NL Std 9.0 Std 6.0 Std NA 6/Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA 0.2 In 6/Quarter
Total Dissolved Solids NL mg/l NA NA NA 6/Quarter
Iron, Total 3.5 mg/l 7.0 mg/l NA 0.2 In 6/Quarter
Settleable Solids NL ml/l 0.5 ml/l NA NA 6/Quarter
Outfall 008      MPID 3985049
Parameter Monthly Avg. Maximum Minimum AEL Sample Rate/Interval
Flow NL GPM NA NA NA 6/Quarter
pH NL Std 9.0 Std 6.0 Std NA 6/Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA 0.2 In 6/Quarter
Total Dissolved Solids NL mg/l NA NA NA 6/Quarter
Iron, Total 3.5 mg/l 7.0 mg/l NA 0.2 In 6/Quarter
Settleable Solids NL ml/l 0.5 ml/l NA NA 6/Quarter
Outfall 012      MPID 3985052
Parameter Monthly Avg. Maximum Minimum AEL Sample Rate/Interval
Flow NL GPM NA NA NA 6/Quarter
pH NL Std 9.0 Std 6.0 Std NA 6/Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA NA 6/Quarter
Total Dissolved Solids NL mg/l NA NA NA 6/Quarter
Iron, Total 3.5 mg/l 7.0 mg/l NA NA 6/Quarter
Settleable Solids NL ml/l 0.5 ml/l NA NA 6/Quarter
The following guidance and definitions apply to all approved effluent limitations, unless specifically overridden in the tables above.
A) The collection method is to be a grab sample for all measurements except for flow, which is to be an estimation.
B) The sampling frequency for all measurements except WET measurements is to be two samples collected per calendar month, collected at least seven days apart. The sampling frequency for
WET measurements is to be once per calendar quarter.
C) Monthly Avg. is to be the arithmetic mean of all samples collected in a calendar month. Max is to be a daily maximum and min is to be daily minimum for all measured parameters except for
pH, which is to be measured as an instantaneous maximum and instantaneous minimum. All limits are followed by the units in which they are to be measured.
D) NL indicates monitoring is required with no limitations (No Limit). NA indicates the parameter does not apply to the particular outfall (Not Applicable).
Outfall 004 __MPID 3985047
Parameter ‘Monthly Avg. ‘Maximum ‘Minimum EL ‘Sample Rate/Interval
Flow NL GPM NA NA NA (Quarter
pH NL Std 9.0 Std 6.0Std NA (Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA 0.2 In 6 Quarter
Total Dissolved Solids NL mg/l NA NA NA G/Quarter
Iron, Total 3.5 mpl 7.0 mg/l NA 0.2 In (Quarter
Seitleable Solids NL mil 05 mil NA NA 6.Quarter
Outfall 005 __MPID 3985048
Parameter ‘Monthly Avg. ‘Maximum ‘Minimum EL ‘Sample RateInterval
Flow NL GPM NA NA NA (Quarter
pH NLStd 9.0 Std 6.0 Std NA G/Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA 0.2 In (Quarter
Total Dissolved Solids NL mg/l NA NA NA 6/Quarter
Iron, Total 3.5 mel 7.0 me!l NA 0.2 In (Quarter
Seitleable Solids NL mil 0 mil NA NA 6/Quarter
Qutfall 008 _MPID 3985049
Parameter Monthly Avg. Maximum Minimum EL ‘Sample Rate/Interval
Flow NL GPM NA NA NA 6/Quarter
pH NLStd 9.0 Std 6.0Std NA 6 (Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA 0.2 In G/Quarter
Total Dissolved Solids NL mg! NA NA NA 6 Quarter
Iron, Total 3.5 mel 7.0 mel NA 0.210 (Quarter
Seitleable Solids NL mil 05 mit NA NA 6/Quarter
Qutfall 012 _ MPID 3985052
Parameter Monthly Avg. Maximum ‘Minimum AEL ‘Sample RateInterval
Flow NL GPM NA NA NA G/Quarter
pil NL Std 9.0 Std 6.0 Std NA 6 (Quarter
Total Suspended Solids 35.0 mg/l 70.0 mg/l NA NA (Quarter
Total Dissolved Solids NL mg! NA NA NA 6 (Quarter
Iron, Total 3.5 mel 70 melt NA NA 6 (Quarter
Seitleable Solids NL mil 0.5 mit NA NA 6/Quarter
‘The following guidance and definitions apply to all approved effluent limitations, unless specifically overridden in the tables above.
A) The collection method isto be a grab sample for all measurements except for flow, which isto be an estimation
B) The sampling frequency for all measurements except WET measurements is to be two samples collected per calendar month, collected at least seven days apart. The sampling frequency for
WET measurements is to be once per calendar quarter.
C) Monthly Avg. is to be the arithmetic mean ofall samples collected in a calendar month. Max isto be a daily maximum and min is to be daily minimum for all measured parameters except for
pH, which is to be measured as an instantancous maximum and instantancous minimum. Al limits are followed by the units in which they are to be measured.
D) NL indicates monitoring is required with no limitations (No Limit). NA indicates the parameter does not apply to the particular outfall (Not Applicable).
Page 4 of 32
Page 5 of 32
E) The AEL (Alternate Effluent Limit) is the minimum rainfall event necessary for alternate effluent limitations to apply to the specified parameter for the given outfall. TSS is to be collected and
reported at all times, even when the AEL is utilized.
F) RMR stands for Representative Monitoring Required. RWETMR stands for Representative Whole Effluent Toxicity Monitoring Required.
G) Settleable solids analysis is required only if Alternate Effluent Limitations are claimed.
E) The AEL (Alternate Effluent Limit) is the minimum rainfall event necessary for alternate effluent limitations to apply to the specified parameter for the given outfall, TSS is to be collected and
reported at all times, even when the ABL is utilized.
F) RMR stands for Representative Monitoring Required. RWETMR stands for Representative Whole Efluent Toxicity Monitoring Required.
G) Settleable solids analysis is required only if Alternate Effluent Limitations are claimed.
Page 5 of 32
Page 6 of 32
B.  OTHER REQUIREMENTS
The term Department refers to the Virginia Department of Mines, Minerals, and Energy

This permit shall be modified, or alternatively revoked and reissued, to comply with any

applicable effluent standard, limitation or prohibition for a pollutant which is promulgated
or approved under Section 307(a)(2) of the Clean Water Act, if the effluent standard,
limitation, or prohibition so promulgated or approved:
a. Is more stringent than any effluent limitation on the pollutant already in the permit;
or
b. Controls any pollutant not limited in the permit.

This permit shall be modified or alternatively revoked and reissued if any approved waste

load allocation procedure, pursuant to Section 303(d) of the Clean Water Act, imposes
waste load allocations, limits or conditions on the facility that are not consistent with the
permit requirements.

This permit may be modified or alternatively revoked and reissued to incorporate

appropriate limits in the event effluent monitoring indicates the need for any water quality-
based limits.

The permittee shall notify the Department as soon as they know or have reason to believe:

a. That any activity has occurred or will occur which would result in the discharge, on
a routine or frequent basis, of any toxic pollutant which is not limited in this permit,
if that discharge will exceed the highest of the following notification levels:
(1) One hundred micrograms per liter;
(2) Two hundred micrograms per liter for acrolein and acrylonitrile; five
hundred micrograms per liter for 2,4-dinitrophenol and for
2-methyl-4,6-dinitrophenol; and one milligram per liter for antimony;
(3) Five times the maximum concentration value reported for that pollutant in
the permit application; or
(4) The level established by the Board.
b. That any activity has occurred or will occur which would result in any discharge, on
a non-routine or infrequent basis, of a toxic pollutant which is not limited in this
permit, if that discharge will exceed the highest of the following notification levels:
(1) Five hundred micrograms per liter;
(2) One milligram per liter for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in
the permit application; or
(4) The level established by the Board.

Any and all product, materials, industrial wastes, and/or other wastes resulting from the

purchase, sale, mining, extraction, transport, preparation, and/or storage of raw or
intermediate materials, final product, by-product or wastes, shall be handled, disposed of,
and/or stored in such a manner and consistent with Best Management Practices, so as not to
permit a discharge of such product, materials, industrial wastes, and/or other wastes to State
waters, except as expressly authorized.

The permittee shall monitor the effluent that is representative of outfall(s)  003 for the

substances noted in Part II, Section A.E.2, Table 1 according to the indicated analysis
B. OTHER REQUIREMENTS
The term Department refers to the Virginia Department of Mines, Minerals, and Energy
Page 6 of 32
This permit shall be modified, or alternatively revoked and reissued, to comply with any
applicable effluent standard, limitation or prohibition for a pollutant which is promulgated
or approved under Section 307(a)(2) of the Clean Water Act, ifthe effluent standard,
limitation, or prohibition so promulgated or approved:
a, Is more stringent than any effluent limitation on the pollutant already in the permit;
or
b, Controls any pollutant not limited in the permit.
This permit shall be modified or alternatively revoked and reissued if any approved waste
load allocation procedure, pursuant to Section 303(d) of the Clean Water Act, imposes
waste load allocations, limits or conditions on the facility that are not consistent with the
permit requirements,
This permit may be modified or alternatively revoked and reissued to incorporate
appropriate limits in the event effluent monitoring indicates the need for any water quality-
based limits.
The permittee shall notify the Department as soon as they know or have reason to believe:
a. ‘That any activity has occurred or will occur which would result in the discharge, on
a routine or frequent basis, of any toxic pollutant which is not limited in this permit,
if that discharge will exceed the highest of the following notification levels:
(1) One hundred micrograms per liter;
(2) Two hundred micrograms per liter for acrolein and acrylonitrile; five
hundred micrograms per liter for 2,4-dinitrophenol and for
2-methyl-4,6-dinitrophenol; and one milligram per liter for antimony;
(3) Five times the maximum concentration value reported for that pollutant in
the permit application; or
(4) The level established by the Board.
b. That any activity has occurred or will occur which would result in any discharge, on
a non-routine or infrequent basis, of a toxic pollutant which is not limited in this
permit, if that discharge will exceed the highest of the following notification levels:
(1) Five hundred micrograms per liter;
(2) One milligram per liter for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in
the permit application; or
(4) The level established by the Board.
Any and all product, materials, industrial wastes, and/or other wastes resulting from the
purchase, sale, mining, extraction, transport, preparation, and/or storage of raw or
intermediate materials, final product, by-product or wastes, shall be handled, disposed of,
and/or stored in such a manner and consistent with Best Management Practices, so as not to
permit a discharge of such product, materials, industrial wastes, and/or other wastes to State
waters, except as expressly authorized.
The permittee shall monitor the effluent that is representative of outfall(s) 003 for the
substances noted in Part II, Section A.E.2, Table | according to the indicated analy:
Page 7 of 32
number, quantification level, sample type and frequency. The outfalls listed above may be
representative of a group of substantially similar outfalls on this mining operation.
Effluent characterization data for outfall 003 (MPID 3985046) was provided in
Renewal Application 1010632 (sample date 03/25/2019).  The effluent characterization
requirement for Application 1010632 has been satisfied.  Additional effluent
characterization will be required if the permittee chooses to renew the permit for a
subsequent permit term.  Additional effluent characterization may also be required if
the permit is revised or if a substantive change to the nature of the effluent occurs.
For new and proposed mining operations, the monitoring shall begin within six months of
completion of construction of the first sedimentation basin serving any of each of these
groups of substantially similar outfall locations, or as soon as a measurable discharge
occurs.  If the representative outfall is not constructed first or is not the first outfall of the
group represented to discharge active mine drainage [Part II Section C NPDES Definitions,
(B)], the first discharging outfall within a substantially similar group should be utilized. The
sampled outfall will then serve as the representative outfall for this group unless otherwise
determined by the Division. The permittee should send notification to the Division prior to
sampling if the designated representative outfall is not utilized.
Sampling and analysis of the representative outfalls is also required at permit renewal.
The data shall be submitted with the discharge monitoring report for the final month of the
calendar quarter in which the sampled discharge occurred. The data shall also be submitted
with the materials required for permit reissuance.
Monitoring and analysis shall be conducted in accordance with 40 CFR Part 136 or
alternative EPA approved methods.  It is the responsibility of the permittee to ensure that
proper QA/QC protocols are followed during the sample gathering and analytical
procedures.  The Department will use these data for making specific permit decisions in the
future.  This permit may be modified or, alternatively, revoked and reissued to incorporate
limits for any of the substances listed in Part II, Section A.E.3, Table 1.

The permittee shall comply with the following reporting requirements for all Section A

monitoring:
a. The quantification levels (QL) shall be less than or equal to the following
concentrations:
Effluent Parameter   Quantification Level
TSS     1.0 mg/l
TDS     1.0 mg/l
Iron     1.0 mg/l
Manganese     1.0 mg/l
Selenium    2.5 µg/l
The QL is defined as the lowest concentration used to calibrate a measurement
system in accordance with the procedures published for the method.  It is the
responsibility of the permittee to ensure that proper quality assurance and quality
control (QA/QC) protocols are followed during the sampling and analytical
Page 7 of 32
number, quantification level, sample type and frequency. The outfalls listed above may be
representative of a group of substantially similar outfalls on this mining operation.
Effluent characterization data for outfall 003 (MPID 3985046) was provided in
Renewal Application 1010632 (sample date 03/25/2019). The effluent characterization
requirement for Application 1010632 has been satisfied. Additional effluent
characterization will be required if the permittee chooses to renew the permit for a
subsequent permit term. Additional effluent characterization may also be require
the permit is revised or if a substantive change to the nature of the effluent occurs.
For new and proposed mining operations, the monitoring shall begin within six months of
completion of construction of the first sedimentation basin serving any of each of these
‘groups of substantially similar outfall locations, or as soon as a measurable discharge
occurs. If the representative outfall is not constructed first or is not the first outfall of the
group represented to discharge active mine drainage [Part II Section C NPDES Definitions,
(B)], the first discharging outfall within a substantially similar group should be utilized. The
sampled outfall will then serve as the representative outfall for this group unless otherwise
determined by the Division. The permittee should send notification to the Division prior to
sampling if the designated representative outfall is not utilized.
Sampling and analysis of the representative outfalls is also required at permit renewal.
The data shall be submitted with the discharge monitoring report for the final month of the
calendar quarter in which the sampled discharge occurred. The data shall also be submitted
with the materials required for permit reissuance.
Monitoring and analysis shall be conducted in accordance with 40 CFR Part 136 or
alternative EPA approved methods. It is the responsibility of the permittee to ensure that
proper QA/QC protocols are followed during the sample gathering and analytical
procedures. The Department will use these data for making specific permit decisions in the
future. This permit may be modified or, alternatively, revoked and reissued to incorporate
limits for any of the substances listed in Part II, Section A.E.3, Table 1
The permittee shall comply with the following reporting requirements for all Section A
monitoring:
a, The quantification levels (QL) shall be less than or equal to the following
concentrations:
Effluent Parameter Quantification Level
TSS. 1.0 mg/l
‘TDS 1.0 mg/l
Iron 1.0 mg/l
Manganese 1.0 mg/l
Selenium 2.5 nail
The QL is defined as the lowest concentration used to calibrate a measurement
system in accordance with the procedures published for the method. It is the
responsibility of the permittee to ensure that proper quality assurance and quality
control (QA/QC) protocols are followed during the sampling and analytical
Page 8 of 32
procedures. QA/QC information shall be documented to confirm that appropriate
analytical procedures have been used and the required QLs have been attained with
the required precision. The permittee shall use any method in accordance with Part
II Section C of this permit.  The permittee shall use a VELAP certified analytical
laboratory for all submitted analyses.
b. Monthly Average – Compliance with the monthly average limitations and/or
reporting requirements for the parameters listed in Part II Section A of this permit
condition shall be determined as follows: All concentration data below the QL
given in Part II Section B.7.a will be treated as zero.  All concentration data equal to
or above the QL used for the analysis should be treated as reported.  An arithmetic
average is to be calculated using all reported data for the month, including the
defined zeros.  This arithmetic average must be reported on the Discharge
Monitoring Report (DMR).  If all measured values are below the QL used for the
analysis, then the arithmetic average is to be defaulted to ½ of the QL.  If a
quantified report is required on the DMR and the reported monthly average
concentration is less than the QL, the monthly average is to be recorded as ½ of the
QL value.  If a quantified report is required on the DMR and the reported monthly
average is greater than the QL, the actual reported data including defined zeroes is
to be used along with flow data for each sample day to determine the daily
averages. The monthly average is then to be reported as the arithmetic mean of the
daily averages.
Daily Maximum – Compliance with the daily maximum limitations and/or
reporting requirements for the parameters listed in Part II Section A of this permit
condition shall be determined as follows: All concentration data below the QL used
for the analysis (QL must be less than or equal to the QL listed in a. above) shall be
treated as zero.  All concentration data equal to or above the QL used for the
analysis (QL must be less than or equal to the QL listed in a. above) shall be treated
as reported.  An arithmetic mean shall be calculated using all reported data,
including the defined zeros, collected within each day during the reporting month.
The maximum value of these daily averages shall be reported on the DMR as the
Daily Maximum.  If all data are below the QL used for the analysis (QL must be
less than or equal to the QL listed in Part II Section B.7.a), the maximum value of
the daily averages shall be reported numerically as ½ of the QL.  If a quantified
measurement is required on the DMR and the reported daily maximum is less than
the QL, the daily maximum for the measured parameter is to be reported as ½ of the
given QL.  In all other cases, the reported daily average concentrations (including
the defined zeros) and corresponding daily flows are to be used in daily mean
calculations.
Single Datum - Any single datum required shall be reported numerically as ½ of
the QL if it is less than the QL used in the analysis (QL must be less than or equal to
the QL listed in Part II Section A.B.7.a. above). Otherwise the numerical value shall
be reported.
c. Significant Digits – The permittee shall report at least the same number of
significant digits as the permit limit for a given parameter.  Regardless of the
rounding convention used by the permittee (i.e., 5 always rounding up or to the
nearest even number), the permittee shall use the convention consistently, and shall
ensure that consulting laboratories employed by the permittee use the same
convention.
Page 8 of 32
procedures. QA/QC information shall be documented to confirm that appropriate
analytical procedures have been used and the required QLs have been attained with
the required precision. The permittee shall use any method in accordance with Part
11 Section C of this permit. The permittee shall use a VELAP certified analytical
laboratory for all submitted analyses.
Monthly Average — Compliance with the monthly average limitations and/or
reporting requirements for the parameters listed in Part II Section A of this permit
condition shall be determined as follows: All concentration data below the QL
given in Part II Section B.7.a will be treated as zero. All concentration data equal to
‘or above the QL used for the analysis should be treated as reported. An arithmetic
average is to be calculated using all reported data for the month, including the
defined zeros. This arithmetic average must be reported on the Discharge
Monitoring Report (DMR). If’all measured values are below the QL used for the
analysis, then the arithmetic average is to be defaulted to % of the QL. Ifa
‘quantified report is required on the DMR and the reported monthly average
concentration is less than the QL, the monthly average is to be recorded as 4 of the
QL value. If’a quantified report is required on the DMR and the reported monthly
average is greater than the QL, the actual reported data including defined zeroes is
to be used along with flow data for each sample day to determine the daily
averages. The monthly average is then to be reported as the arithmetic mean of the
daily averages
Daily Maximum – Compliance with the daily maximum limitations and/or
reporting requirements for the parameters listed in Part II Section A of this permit
condition shall be determined as follows: All concentration data below the QL used
for the analysis (QL must be less than or equal to the QL listed in a. above) shall be
treated as zero. All concentration data equal to or above the QL used for the
analysis (QL must be less than or equal to the QL listed in a. above) shall be treated
as reported. An arithmetic mean shall be calculated using all reported data,
including the defined zeros, collected within each day during the reporting month,
‘The maximum value of these daily averages shall be reported on the DMR as the
Daily Maximum. If all data are below the QL used for the analysis (QL must be
less than or equal to the QL listed in Part II Section B.7.a), the maximum value of
the daily averages shall be reported numerically as % of the QL. If’a quantified
measurement is required on the DMR and the reported daily maximum is less than
the QL, the daily maximum for the measured parameter is to be reported as ¥ of the
given QL. In all other cases, the reported daily average concentrations (including
the defined zeros) and corresponding daily flows are to be used in daily mean
calculations.
Single Datum - Any single datum required shall be reported numerically as 4 of
the QL ifit is less than the QL used in the analysis (QL must be less than or equal to
the QL listed in Part II Section A.B.7.2. above). Otherwise the numerical value shall
be reported.
Significant Digits – The permittee shall report at least the same number of
significant digits as the permit limit for a given parameter. Regardless of the
rounding convention used by the permittee (i.e, 5 always rounding up or to the
nearest even number), the permittee shall use the convention consistently, and shall
ensure that consulting laboratories employed by the permittee use the same
convention.
Page 9 of 32
C. WHOLE EFFLUENT TOXICITY TESTING:

Acute Monitoring:  Outfall(s)  (None)

a. The permittee shall monitor effluent that is representative of Outfall(s)  (None)
within 6 months of approval of this NPDES permit for acute toxicity tests until
there are a minimum of 4 for each test required. The permittee shall perform these
tests quarterly.
For new and proposed mining operations, the monitoring shall begin within six
months of completion of construction of the first sedimentation basin serving any of
each of these groups of substantially similar outfall locations, or as soon as a
measurable discharge occurs.  If the representative outfall is not constructed first or
is not the first outfall of the group represented to discharge active mine drainage
[Part II Section C NPDES Definitions, (B)], the first discharging outfall within a
substantially similar group should be utilized. The sampled outfall will then serve as
the representative outfall for this group unless otherwise determined by the
Division. The permittee should send notification to the Division prior to sampling if
the designated representative outfall is not utilized.
The acute tests to use are:
48 Hour Static Acute test with Ceriodaphnia dubia (EPA Method 2002)
48 Hour Static Acute test with Pimephales promelas (EPA Method 2000)
These acute tests are to be conducted using 5 geometric dilutions of effluent with a
minimum of 4 replicates, with 5 organisms in each. The NOAEC (No Observed
Adverse Effect Concentration), as determined by hypothesis testing, shall be
reported on the DMR.   The LC50 should also be determined and noted on the
submitted report. Tests in which control survival is less than 90% are not
acceptable.
b. The test dilutions should be able to determine compliance with the following
endpoint:
NOAEC = 100%
c. The permittee shall submit the following information with the results of the toxicity
tests:
(1) An estimate of the total volume discharged and the duration of the
discharge.
(2) The time at which the discharge was initiated.
(3) The time at which sampling was initiated.
d. The permittee may provide additional samples to address data variability during the
period of initial data generation.  These data shall be reported and may be included
in the evaluation of effluent toxicity.  Test procedures and reporting shall be in
accordance with the WET testing methods cited in 40 CFR 136.3.
e. The assembled data will be evaluated for reasonable potential at the conclusion of
the test period.  The data may be evaluated sooner if such evaluation is requested by
c. WHOLE EFFLUENT TOXICITY TESTING:
Page 9 of 32
Acute Monitoring: Outfall(s) (None)
a.
The permittee shall monitor effluent that is representative of Outfall(s) (None)
within 6 months of approval of this NPDES permit for acute toxicity tests until
there are a minimum of 4 for each test required. The permittee shall perform these
tests quarterly.
For new and proposed mining operations, the monitoring shall begin within six
months of completion of construction of the first sedimentation basin serving any of
‘each of these groups of substantially similar outfall locations, or as soon as a
measurable discharge occurs. If the representative outfall is not constructed first or
is not the first outfall of the group represented to discharge active mine drainage
[Part II Section C NPDES Definitions, (B)], the first discharging outfall within a
substantially similar group should be utilized. The sampled outfall will then serve as
the representative outfall for this group unless otherwise determined by the
Division. The permittee should send notification to the Division prior to sampling if
the designated representative outfall is not utilized.
The acute tests to use are:
48 Hour Static Acute test with Ceriodaphnia dubia (EPA Method 2002)
48 Hour Static Acute test with Pimephales promelas (EPA Method 2000)
These acute tests are to be conducted using 5 geometric dilutions of effluent with a
minimum of 4 replicates, with 5 organisms in each. The NOAEC (No Observed
Adverse Effect Concentration), as determined by hypothesis testing, shall be
reported on the DMR. The LCs» should also be determined and noted on the
submitted report. Tests in which control survival is less than 90% are not
acceptable.
The test dilutions should be able to determine compliance with the following
endpoint:
NOAEC = 100%
‘The permittee shall submit the following information
tests:
the results of the toxicity
(1) Anestimate of the total volume discharged and the duration of the
discharge.
(2) The time at which the discharge was
(3) The time at which sampling was initiated.
The permittee may provide additional samples to address data variability during the
period of initial data generation. These data shall be reported and may be included
in the evaluation of effluent toxicity. Test procedures and reporting shall be in
accordance with the WET testing methods cited in 40 CFR 136.3.
The assembled data will be evaluated for reasonable potential at the conclusion of
the test period. The data may be evaluated sooner if such evaluation is requested by
Page 10 of 32
the permittee or if toxicity has been demonstrated over the course of sampling.
Should evaluation of the data indicate that a limit is needed, WET limits and
associated compliance schedules will be imposed and the permittee may cease the
toxicity tests outlined in Part II Section C.1.a.
f. If evaluation of the assembled data results in the conclusion that no limit is needed,
the permittee shall perform an acute WET test for each species of each
representative outfall at permit renewal as defined on the reporting schedule
contained in Part II Section C.3.  All applicable data will be reevaluated for
reasonable potential at the end of the permit term.
g. The permit may be modified or revoked and reissued to include pollutant specific
limits in lieu of a WET limit should it be demonstrated that toxicity is due to
specific parameters.  The pollutant specific limits must control the toxicity of the
effluent.

Acute and Chronic Monitoring:  Outfall(s)  003

a. The permittee shall monitor effluent that is representative of Outfall(s)  003 within
6 months of approval of this NPDES permit for acute and chronic toxicity tests until
there are a minimum of 4 for each test required. The permittee shall perform these
tests quarterly.
One quarter of WET testing data for outfall 003 (MPID 3985046) was
provided in Renewal Application 1010632 (report date 07/24/2019).  The
applicant is required to collect the three remaining quarters of WET testing
data for Application 1010632.   Additional WET testing will be required if the
permittee chooses to renew the permit for a subsequent permit term.
Additional WET testing may also be required if the permit is revised or if a
substantive change to the nature of the effluent occurs.
For new and proposed mining operations, the monitoring shall begin within six
months of completion of construction of the first sedimentation basin serving any of
each of these groups of substantially similar outfall locations, or as soon as a
measurable discharge occurs.  If the representative outfall is not constructed first or
is not the first outfall of the group represented to discharge active mine drainage
[Part II Section C NPDES Definitions, (B)], the first discharging outfall within a
substantially similar group should be utilized. The sampled outfall will then serve as
the representative outfall for this group unless otherwise determined by the
Division. The permittee should send notification to the Division prior to sampling if
the designated representative outfall is not utilized.
The acute tests to use are:
48 Hour Static Acute test with Ceriodaphnia dubia (EPA Method 2002)
48 Hour Static Acute test with Pimephales promelas (EPA Method 2000)
These acute tests are to be conducted using 5 geometric dilutions of effluent with a
minimum of 4 replicates, with 5 organisms in each. The NOAEC (No Observed
Adverse Effect Concentration), as determined by hypothesis testing, shall be
reported on the DMR.   The LC50 should also be determined and noted on the
submitted report. Tests in which control survival is less than 90% are not
acceptable.   The chronic tests to use are:
Page 10 of 32
©
the permittee or if toxicity has been demonstrated over the course of sampling,
Should evaluation of the data indicate that a limit is needed, WET limits and
associated compliance schedules will be imposed and the permittee may cease the
toxicity tests outlined in Part Il Section C.1.a
If evaluation of the assembled data results in the conclusion that no limit is needed,
the permittee shall perform an acute WET test for each species of each
representative outfall at permit renewal as defined on the reporting schedule
contained in Part II Section C.3. All applicable data will be reevaluated for
reasonable potential at the end of the permit term.
The permit may be modified or revoked and reissued to include pollutant specific
limits in lieu of a WET limit should it be demonstrated that toxicity is due to
specific parameters, The pollutant specific limits must control the toxicity of the
effluent.
Acute and Chronic Monitoring: Outfall(s) 003
The permittee shall monitor effluent that is representative of Outfall(s) 003 within
6 months of approval of this NPDES permit for acute and chronic toxicity tests until
there are a minimum of 4 for each test required. The permittee shall perform these
tests quarterly.
One quarter of WET testing data for outfall 003 (MPID 3985046) was
provided in Renewal Appl ion 1010632 (report date 07/24/2019). The
applicant is required to collect the three remaining quarters of WET testing
data for Application 1010632. Additional WET testing will be required if the
permittee chooses to renew the permit for a subsequent permit term.
Additional WET testing may also be required if the permit is revised or if a
substantive change to the nature of the effluent occurs.
For new and proposed mining operations, the monitoring shall begin within six
months of completion of construction of the first sedimentation basin serving any of
each of these groups of substantially similar outfall locations, or as soon as a
measurable discharge occurs. If the representative outfall is not constructed first or
is not the first outfall of the group represented to discharge active mine drainage
[Part II Section C NPDES Definitions, (B)], the first discharging outfall within a
substantially similar group should be utilized. The sampled outfall will then serve as
the representative outfall for this group unless otherwise determined by the
Division. The permittee should send notification to the Division prior to sampling if
the designated representative outfall is not utilized.
The acute tests to use are:
48 Hour Static Acute test with Ceriodaphnia dubia (EPA Method 2002)
48 Hour Static Acute test with Pimephales promelas (EPA Method 2000)
These acute tests are to be conducted using 5 geometric dilutions of effluent with a
minimum of 4 replicates, with 5 organisms in each. The NOAEC (No Observed
Adverse Effect Concentration), as determined by hypothesis testing, shall be
reported on the DMR. The LCs» should also be determined and noted on the
submitted report. Tests in which control survival is less than 90% are not
acceptable. The chronic tests to use are:
Page 11 of 32
Chronic 3-Brood Survival and Reproduction Static Renewal Test with
Ceriodaphnia dubia   (EPA Method 1002)
Chronic 7-Day Survival and Growth Static Renewal Test with Pimephales promelas
(EPA Method 1000)
These chronic tests shall be conducted in such a manner and at sufficient dilutions
(minimum of five dilutions, derived geometrically) to determine the "No Observed
Effect Concentration" (NOEC) for survival and reproduction or growth. Results
which cannot be quantified (i.e., a “less than” NOEC value) are not acceptable, and
a retest will have to be performed.  A retest of a non-acceptable test must be
performed within 30 days of the test it is replacing.  Express the test NOEC as TUc
(Chronic Toxic Units), by dividing 100/NOEC for DMR reporting.  Report the
LC50 at 48 hours and the IC25 with the NOEC’s in the test report.
b. The test dilutions should be able to determine compliance with the following
endpoint:
Acute NOAEC = 100%
Chronic NOEC of 69% equivalent to a TUC of 1.44
c. The permittee shall submit the following information with the results of the toxicity
tests:
(1). Estimate of the total volume discharged and the duration of the discharge.
(2). Time at which the discharge was initiated.
(3). Time at which sampling was initiated.
d. The permittee may provide additional samples to address data variability during the
period of initial data generation.  These data shall be reported and may be included
in the evaluation of effluent toxicity.  Test procedures and reporting shall be in
accordance with the WET testing methods cited in 40 CFR 136.3.
e The test data will be evaluated statistically for reasonable potential at the conclusion
of the test period.  The data may be evaluated sooner if requested by the permittee,
or if toxicity has been noted.  Should evaluation of the data indicate that a limit is
needed, a WET limit and compliance schedule will be required and the toxicity tests
of Part II Section C.2.a may be discontinued.
f. If after evaluating the data, it is determined that no limit is needed, the permittee
shall continue acute and chronic toxicity testing (both species) of each
representative outfall at renewal, as on the reporting schedule contained in Part II
Section C.3.  All applicable data will be reevaluated for reasonable potential at the
end of the permit term.
g. The permit may be modified or revoked and reissued to include pollutant specific
limits in lieu of a WET limit should it be demonstrated that toxicity is due to
specific parameters.  The pollutant specific limits must control the toxicity of the
effluent.
Page 11 of 32
Chronic 3-Brood Survival and Reproduction Static Renewal Test with
Ceriodaphnia dubia (EPA Method 1002)
Chronic 7-Day Survival and Growth Static Renewal Test with Pimephales promelas
(EPA Method 1000)
These chronic tests shall be conducted in such a manner and at sufficient dilutions
(minimum of five dilutions, derived geometrically) to determine the “No Observed
Effect Concentration” (NOEC) for survival and reproduction or growth. Results
which cannot be quantified (i.e., a “less than” NOEC value) are not acceptable, and
a retest will have to be performed. A retest of a non-acceptable test must be
performed within 30 days of the test itis replacing. Express the test NOEC as TUc
(Chronic Toxic Units), by dividing 100/NOEC for DMR reporting. Report the
LC50 at 48 hours and the IC25 with the NOEC’s in the test report.
The test dilutions should be able to determine compliance with the following
endpoint:
Acute NOAEC = 100%
Chronic NOEC of 69% equivalent to a TUc of 1.44
The permittee shall submit the following information with the results of the toxicity
tests:
(1). Estimate of the total volume discharged and the duration of the discharge.
(2). Time at which the discharge was initiated.
(3). Time at which sampling was initiated
The permittee may provide additional samples to address data variability during the
period of initial data generation. These data shall be reported and may be included
in the evaluation of effluent toxicity. Test procedures and reporting shall be in
accordance with the WET testing methods cited in 40 CFR 136.3.
The test data will be evaluated statistically for reasonable potential at the conclusion
of the test period. The data may be evaluated sooner if requested by the permittee,
or if toxicity has been noted. Should evaluation of the data indicate that a limit is
needed, a WET limit and compliance schedule will be required and the toxicity tests
of Part II Section C.2.a may be discontinued,
If after evaluating the data, itis determined that no limit is needed, the permittee
shall continue acute and chronic toxicity testing (both species) of each
representative outfall at renewal, as on the reporting schedule contained in Part IT
Section C.3. All applicable data will be reevaluated for reasonable potential at the
end of the permit term.
The permit may be modified or revoked and reissued to include pollutant specific
limits in lieu of a WET limit should it be demonstrated that toxicity is due to
specific parameters, The pollutant specific limits must control the toxicity of the
effluent.
Page 12 of 32

Reporting Schedule:

The permittee shall report the results of the toxicity tests on the appropriate DMR or other
methods prescribed by the Department and supply one copy of the toxicity test reports
specified in this Whole Effluent Toxicity Program.  This data is to be provided within 30
days following the end of the calendar quarter in which the analysis was completed.

Reporting Schedule:

The permittee shall report the results of the toxicity tests on the appropriate DMR or other
methods prescribed by the Department and supply one copy of the toxicity test reports
specified in this Whole Effluent Toxicity Program. This data is to be provided within 30
days following the end of the calendar quarter in which the analysis was completed
Page 12 of 32
Page 13 of 32
D. EVALUATION OF TMDL COMPLIANCE:
To be consistent with the assumptions and requirements of the applicable Total Maximum Daily Load
(TMDL) and any mining waste load allocations contained in the TMDL, the permittee shall implement best
management practices (BMPs) as established in any compliance schedule included in the permit for this
facility.
The BMPs and other requirements of the compliance schedule shall serve as water quality-based effluent
limitations for this facility.
TMDL Reopener Clause
This permit is subject to a TMDL Reopener Clause as described in Part II Section D TMDL Special
Conditions (a).
D. EVALUATION OF TMDL COMPLIANCE:
To be consistent with the assumptions and requirements of the applicable Total Maximum Daily Load
(TMDL) and any mining waste load allocations contained in the TMDL, the permittee shall implement best
management practices (BMPs) as established in any compliance schedule included in the permit for this
facility.
‘The BMPs and other requirements of the compliance schedule shall serve as water quality-based effluent
limitations for this facility.
‘TMDL Reopener Clause
This permit is subject to a TMDL Reopener Clause as described in Part II Section D TMDL Special
Conditions (a).
Page 13 of 32
Page 14 of 32
E.  STREAM MONITORING CONDITIONS:

Biological surveys are to be completed once annually during the fall collection season to

determine the benthic health of DUMPS CREEK at locations BAS-1, BAS-3, and BAS-4
and HURRICANE FORK at location BAS-2 as outlined in the joint CSMO/NPDES permit
(Part I, Sections 8.3 and 21.2).  DEQ’s Virginia Stream Condition Index (VASCI) will be
utilized to determine a score for each monitoring location. The Department may also
consider applicable VASCI scores generated by DEQ. The stream habitat scores and
chemical data will also be collected at these locations.  All biologic sampling shall be done
in accordance with applicable protocols as described below.  Biological survey results will
need to be submitted by March 1st of the next calendar year following the date the
survey was conducted.
The benthic surveys shall be conducted annually each year in the fall season period
determined by DEQ, avoiding to the maximum extent practicable times when the sample
location is influenced by abnormal conditions, including drought and/or scouring flood.  All
biological surveys should be conducted as close to the anniversary date of the original
surveys as possible.  In addition, all biologic sampling shall be done in accordance with the
Virginia Department of Game and Inland Fisheries scientific collection permit and DEQ’s
Virginia Stream Condition Index (VASCI) protocol.  The DEQ has developed the following
procedure.
 Conduct benthic sampling using Virginia benthic protocols including time of year
restrictions for sample collection.
 Collect organisms, laboratory subsample to 300 organisms in a gridded pan.
 Identify organisms to genus level, excluding chironomids (midges)
 Collapse data to family level
 Statistically rarify data to 100 organisms; computer subsampling programs available.
 Calculate the VASCI score
 Provide raw 300 count genus-level data in electronic spreadsheet format.

The permittee shall conduct chemical surface water monitoring at instream locations BAS-

1, BAS-2, BAS-3, and BAS-4 as described in Section 8.3 of the joint CSMO/NPDES permit
and shown on the applicable map (Attachment 21.2.E).  This monitoring is to be conducted
concurrent with the biological surveys required under item Part II Section A.E.1.    Fall
chemical monitoring will need to be submitted by March 1st of the next calendar year
following the fall collection date. The permittee has the option of conducting metals
analyses for total metals only even though instream water quality standards are based on
dissolved metal concentrations. If total metal analyses concentrations exceed instream
standards, the permittee may collect dissolved metal samples for those metals exceeding
instream standards to confirm whether or not the instream standard has been met. Otherwise
the total metals concentration will be used to determine compliance with the instream
standard.

The data provided to satisfy Part II Section A, at a minimum, will be evaluated upon each

major modification and permit renewal to determine whether permit modifications are
necessary.  Should any of the data indicate that the discharges from this operation have the
potential to cause or contribute to a violation of either a numeric or narrative water quality
standard, additional pollutant specific limits or whole effluent toxicity limits shall be
imposed.
E. STREAM MONITORING CONDITIONS:
Page 14 of 32
Biological surveys are to be completed once annually during the fall collection season to
determine the benthic health of DUMPS CREEK at locations BAS-1, BAS-3, and BAS-4
and HURRICANE FORK at location BAS-2 as outlined in the joint CSMO/NPDES permit
(Part I, Sections 8.3 and 21.2), DEQ’s Virginia Stream Condition Index (VASCI) will be
utilized to determine a score for each monitoring location. The Department may also
consider applicable VASCI scores generated by DEQ. The stream habitat scores and
chemical data will also be collected at these locations. All biologic sampling shall be done
in accordance with applicable protocols as described below. Biological survey results will
need to be submitted by March 1* of the next calendar year following the date the
survey was conducted.
The benthic surveys shall be conducted annually each year in the fall season period
determined by DEQ, avoiding to the maximum extent practicable times when the sample
location is influenced by abnormal conditions, including drought and/or scouring flood. All
biological surveys should be conducted as close to the anniversary date of the original
surveys as possible. In addition, all biologic sampling shall be done in accordance with the
Virginia Department of Game and Inland Fisheries scientific collection permit and DEQ’s
Virginia Stream Condition Index (VASCI) protocol. The DEQ has developed the following,
procedure.

Conduct benthic sampling using Virginia benthic protocols including time of year
restrictions for sample collection.

Collect organisms, laboratory subsample to 300 organisms in a gridded pan.
Identify organisms to genus level, excluding chironomids (midges)
Collapse data to family level
Statistically rarify data to 100 organisms; computer subsampling programs available.
Calculate the VASCI score
Provide raw 300 count genus-level data in electronic spreadsheet format.
The permittee shall conduct chemical surface water monitoring at instream locations BAS-
1, BAS-2, BAS-3, and BAS-4 as described in Section 8.3 of the joint CSMO/NPDES permit
and shown on the applicable map (Attachment 21.2.E). This monitoring is to be conducted
concurrent with the biological surveys required under item Part Il Section A.E.1. Fall
chemical monitoring will need to be submitted by March 1* of the next calendar year
following the fall collection date. The permittee has the option of conducting metals
analyses for total metals only even though instream water quality standards are based on
dissolved metal concentrations. If total metal analyses concentrations exceed instream
standards, the permittee may collect dissolved metal samples for those metals exceeding
instream standards to confirm whether or not the instream standard has been met, Otherwise
the total metals concentration will be used to determine compliance with the instream
standard.
The data provided to satisfy Part II Section A, at a minimum, will be evaluated upon each
major modification and permit renewal to determine whether permit modifications are
necessary. Should any of the data indicate that the discharges from this operation have the
potential to cause or contribute to a violation of either a numeric or narrative water quality
standard, additional pollutant specific limits or whole effluent toxicity limits shall be
imposed.
Page 15 of 32
Page 15 of 32
Page 16 of 32
TABLE 1 - Parameters
Parameter
Flow (gpm)
Temperature (oc)
pH (std units)
TSS (mg/L)
Specific Conductance (µS/cm)
TDS (mg/L)
Sulfates (mg/L)
Bromide (mg/L)
Chlorides (mg/L)
Aluminum (mg/L)
Iron (mg/L)
Manganese (mg/L)
Magnesium (mg/L)
Total Acidity (mg/L)
Total Alkalinity (mg/L CaCO3)
Bicarbonate Alkalinity (mg/L)
Carbonate Alkalinity (mg/L)
Hardness (mg/L CaCO3)
Total Zinc (µg /L)
Total Antimony (µg /L)
Total Arsenic (µg /L)
Total Beryllium (µg /L)
Total Cadmium (µg /L)
Total Chromium (µg /L)
Total Copper (µg /L)
Total Lead (µg /L)
Total Mercury (µg/L)
Total Nickel (µg /L)
Total Selenium (µg/L)
Total Silver (µg /L)
Total Thallium (µg /L)
Total Barium (µg/L)
Total Boron (µg/L)
Total Cobalt (µg/L)
Total Cyanide (µg/L)
Total Phenols (µg/L)
Nitrate (mg/L)
Nitrite (mg/L)
Dissolved Organic Carbon (mg/L)
Hydrogen Sulfide (mg/L)1
1  This parameter need only be analyzed for underground mine discharges.
TABLE 1 - Parameters
Parameter
Flow (gpm)
‘Temperature (°c)
pH (std units)
TSS (mg/L)
Specific Conductance (j1S/em)
‘TDS (mg/L)
Sulfates (mg/L)
Bromide (mg/L)
Chlorides (mg/L)
Aluminum (mg/L)
Iron (mg/L)
Manganese (mg/L)
Magnesium (mg/L)
Total Acidity (mg/L)
Total Alkalinity (mg/L CaCO3)
Bicarbonate Alkalinity (mg/L)
Carbonate Alkalinity (mg/L)
Hardness (mg/L CaCO3)
Total Zinc (yig /L)
Total Antimony (jig /L)
Total Arsenic (jig /L)
Total Beryllium (ug /L)
Total Cadmium (ug /L)
Total Chromium (41g /L)
Total Copper (ug /L)
Total Lead (ug/L)
Total Mercury (g/L)
Total Nickel (jig /L)
Total Selenium (ug/L)
Total Silver (wg /L)
Total Thallium (ug/L)
Total Barium (ng/L)
Total Boron (g/L)
Total Cobalt (ug/L)
Total Cyanide (ug/L)
Total Phenols (yig/L)
Nitrate (mg/L)
Nitrite (mg/L)
Dissolved Organic Carbon (mg/L)
Hydrogen Sulfide (mg/L)!
" ‘This parameter need only be analyzed for underground mine discharges.
Page 16 of 32
Page 17 of 32
Section B
Schedule of Compliance
A schedule of compliance is not required.
Section B
Schedule of Compliance
A schedule of compliance is not required.
Page 17 of 32
Page 18 of 32
Section C
Standard NPDES Permit Terms and Conditions
The term Department refers to the Virginia Department of Mines, Minerals, and Energy.
A. Monitoring.

Samples and measurements taken as required by this permit shall be representative of the

monitored activity.

Monitoring shall be conducted according to procedures approved under Title 40 Code of

Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental
Protection Agency, unless other procedures have been specified in this permit.

The permittee shall periodically calibrate and perform maintenance procedures on all

monitoring and analytical instrumentation at intervals that will ensure accuracy of
measurements.
B. Records.

Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.

The permittee shall retain records of all monitoring information, including all calibration

and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, and records of all data used to
complete the application for this permit, for a period of at least 3 years from the date of the
sample, measurement, report or application, excluding records of monitoring information
required by this permit related to sewage sludge use and disposal activities, which shall be
retained for a period of at least five years.  This period of retention shall be extended
automatically during the course of any unresolved litigation regarding the regulated activity
or regarding control standards applicable to the permittee, or as requested by the
Department.
C. Reporting Monitoring Results.

The permittee shall submit the results of the monitoring required by this permit not later

than 30 days following the quarter in which monitoring takes place, unless another reporting
schedule is specified elsewhere in this permit.  Monitoring results shall be submitted to:
Virginia Department of Mines, Minerals, and Energy
Attn: Water Quality Section
P.O. Drawer 900
Big Stone Gap, VA 24219

Monitoring results shall be reported on forms provided, approved or specified by the

Department.
Section C
Standard NPDES Permit Terms and Conditions
The term Department refers to the Virginia Department of Mines, Minerals, and Energy.
A. Monitoring,
1 Samples and measurements taken as required by this permit shall be representative of the
monitored activity,


Monitoring shall be conducted according to procedures approved under Title 40 Code of
Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental
Protection Agency, unless other procedures have been specified in this permit


The permittee shall periodically calibrate and perform maintenance procedures on all
monitoring and analytical instrumentation at intervals that will ensure accuracy of
measurements,


Records.
1 Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f, The results of such analyses.

The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring

instrumentation, copies of all reports required by this permit, and records of all data used to
complete the application for this permit, for a period of at least 3 years from the date of the
sample, measurement, report or application, excluding records of monitoring information
required by this permit related to sewage sludge use and disposal activities, which shall be
retained for a period of at least five years. This period of retention shall be extended
automatically during the course of any unresolved litigation regarding the regulated activity
or regarding control standards applicable to the permittee, or as requested by the
Department.
Reporting Monitoring Results.
1, The permittee shall submit the results of the monitoring required by this permit not later
than 30 days following the quarter in which monitoring takes place, unless another reporting
schedule is specified elsewhere in this permit. Monitoring results shall be submitted to:
Virginia Department of Mines, Minerals, and Energy
Attn: Water Quality Section
P.O. Drawer 900
Big Stone Gap, VA 24219

Monitoring results shall be reported on forms provided, approved or specified by the
Department.

Page 18 of 32
Page 19 of 32

If the permittee monitors any pollutant specifically addressed by this permit more frequently

than required by this permit using test procedures approved under Title 40 of the Code of
Federal Regulations Part 136 or using other test procedures approved by the U.S.
Environmental Protection Agency or using procedures specified in this permit, the results of
this monitoring shall be included in the calculation and reporting of the data submitted in
the DMR or reporting format specified by the Department, including electronic submittal.

Calculations for all limitations which require averaging of measurements shall utilize an

arithmetic mean unless otherwise specified in this permit.
D. Duty to Provide Information.
The permittee shall furnish to the Department, within a reasonable time, any information which the
Department may request to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit or to determine compliance with this permit.  The Department may
require the permittee to furnish, upon request, such plans, specifications, and other pertinent
information as may be necessary to determine the effect of the wastes from his discharge on the
quality of state waters, or such other information as may be necessary to accomplish the purposes of
the State Water Control Law.  The permittee shall also furnish to the Department upon request,
copies of records required to be kept by this permit.
E. Compliance Schedule Reports.
Reports of compliance or noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of this permit shall be submitted no later than
14 days following each schedule date.
F. Unauthorized Discharges.
Except in compliance with this permit, or another permit issued by the Department, it shall be
unlawful for any person to:

Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or

deleterious substances; or

Otherwise alter the physical, chemical or biological properties of such state waters and

make them detrimental to the public health, or to animal or aquatic life, or to the use of such
waters for domestic or industrial consumption, or for recreation, or for other uses.
G. Reports of Unauthorized Discharges.
Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other
wastes or any noxious or deleterious substance into or upon state waters in violation of Part II
Section C (F); or who discharges or causes or allows a discharge that may reasonably be expected to
enter state waters in violation of Part II Section C (F); shall notify the Department of the discharge
immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery.
A written report of the unauthorized discharge shall be submitted to the Department, within five
days of discovery of the discharge.  The written report shall contain:


A description of the nature and location of the discharge;


The cause of the discharge;


The date on which the discharge occurred;


If the permittee monitors any pollutant specifically addressed by this permit more frequently
than required by this permit using test procedures approved under Title 40 of the Code of
Federal Regulations Part 136 or using other test procedures approved by the U.S.
Environmental Protection Agency or using procedures specified in this permit, the results of
this monitoring shall be included in the calculation and reporting of the data submitted in
the DMR or reporting format specified by the Department, including electronic submittal.


4, Calculations for all imitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified in this permit.
D. Duty to Provide Information.
The permittee shall furnish to the Department, within a reasonable time, any information which the
Department may request to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit or to determine compliance with this permit, The Department may
require the permittee to furnish, upon request, such plans, specifications, and other pertinent
information as may be necessary to determine the effect of the wastes from his discharge on the
quality of state waters, or such other information as may be necessary to accomplish the purposes of
the State Water Control Law. The permittee shall also furnish to the Department upon request,
copies of records required to be kept by this permit.
E. Compliance Schedule Reports.
Reports of compliance or noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of this permit shall be submitted no later than
14 days following each schedule date.
F. Unauthorized Discharges.
Except in compliance with this permit, or another permi
unlawful for any person to:
sued by the Department, it shall be


Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or
deleterious substances; or


Otherwise alter the physical, chemical or biological properties of such state waters and
make them detrimental to the public health, or to animal or aquatic life, or to the use of such
waters for domestic or industrial consumption, or for recreation, or for other uses.


G Reports of Unauthorized Discharges.
Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other
wastes or any noxious or deleterious substance into or upon state waters in violation of Part II
Section C (F); or who discharges or causes or allows a discharge that may reasonably be expected to
center state waters in violation of Part II Section C (F); shall notify the Department of the discharge
immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery.
A written report of the unauthorized discharge shall be submitted to the Department, within five
days of discovery of the discharge. The written report shall contain:
1 A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
Page 19 of 32
Page 20 of 32


The length of time that the discharge continued;


The volume of the discharge;


If the discharge is continuing, how long it is expected to continue;


If the discharge is continuing, what the expected total volume of the discharge will be; and


Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present


discharge or any future discharges not authorized by this permit.
Discharges reportable to the Department under the immediate reporting requirements of other
regulations are exempted from this requirement.
H. Reports of Unusual or Extraordinary Discharges.
If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment
works and the discharge enters or could be expected to enter state waters, the permittee shall
promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of
the discharge.  This notification shall provide all available details of the incident (details of any
adverse effects on aquatic life and the known number of fish killed must also be reported to DEQ).
The permittee shall reduce the report to writing and shall submit it to the Department within five
days of discovery of the discharge in accordance with Section C.I.2.  Unusual and extraordinary
discharges include but are not limited to any discharge resulting from:


Unusual spillage of materials resulting directly or indirectly from processing operations;


Breakdown of processing or accessory equipment;


Failure or taking out of service some or all of the treatment works; and


Flooding or other acts of nature.


I. Reports of Noncompliance
The permittee shall report any noncompliance which may adversely affect state waters or may
endanger public health.

An oral report shall be provided within 24 hours from the time the permittee becomes aware

of the circumstances.  The following shall be included as information which shall be
reported within 24 hours under this paragraph:
a. Any unanticipated bypass; and
b. Any upset which causes a discharge to surface waters.

A written report shall be submitted within 5 days and shall contain:

a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to
continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance.
i.
4 The length of time that the discharge continued;


The volume of the discharge;


If the discharge is continuing, how long it is expected to continue;


If the discharge is continuing, what the expected total volume of the discharge will be; and


Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present


discharge or any future discharges not authorized by this permit.
Discharges reportable to the Department under the immediate reporting requirements of other
regulations are exempted from this requirement.
Reports of Unusual or Extraordinary Discharges.
If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment
works and the discharge enters or could be expected to enter state waters, the permittee shall
promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of
the discharge. This notification shall provide all available details of the incident (details of any
adverse effects on aquatic life and the known number of fish killed must also be reported to DEQ).
The permittee shall reduce the report to writing and shall submit it to the Department within five
days of discovery of the discharge in accordance with Section C.1.2. Unusual and extraordinary
discharges include but are not limited to any discharge resulting from:
1 Unusual spillage of materials resulting directly or indirectly from processing operations;
2, Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the treatment works; and
4, Flooding or other acts of nature.
Reports of Noncompliance
The perm
endanger publi
ttee shall report any noncompliance which may adversely affect state waters or may
health,
1, Anoral report shall be provided within 24 hours from the time the permittee becomes aware
of the circumstances. The following shall be included as information which shall be
reported within 24 hours under this paragraph
a. Any unanticipated bypass; and
b. Any upset which causes a discharge to surface waters.
A written report shall be submitted within 5 days and shall contain:
a. A description of the noncompliance and its cause;
b, The period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is expected to
continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance
Page 20 of 32
Page 21 of 32
The Department may waive the written report on a case-by-case basis for reports of
noncompliance under Part II Section C.I. if the oral report has been received within 24
hours and no adverse impact on state waters has been reported.

The permittee shall report all instances of noncompliance not reported under Part II Section

I.1 or Part II Section I.2, in writing, at the time the next monitoring reports are submitted.
The reports shall contain the information listed in Part II Section I.2.
NOTE: The immediate (within 24 hours) reports required in Part II Section C (G, H
and I) may be made to the Department’s Big Stone Gap Office Enforcement Section at
(276) 523-8199 (voice).  For emergencies the Virginia Department of Emergency
Services maintains a 24 hour telephone service at 1-800-468-8892.
J. Notice of Planned Changes.

The permittee shall give notice to the Department as soon as possible of any planned

physical alterations or additions to the permitted facility.  Notice is required only when:
a. The permittee plans alteration or addition to any building, structure, facility, or
installation from which there is or may be a discharge of pollutants, the construction
of which commenced:
(1) After promulgation of standards of performance under Section 306 of Clean
Water Act which are applicable to such source; or
(2) After proposal of standards of performance in accordance with Section 306
of Clean Water Act which are applicable to such source, but only if the
standards are promulgated in accordance with Section 306 within 120 days
of their proposal;
b. The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged.  This notification applies to pollutants which are
subject neither to effluent limitations nor to notification requirements specified
elsewhere in this permit; or
c. The alteration or addition results in a significant change in sludge use or disposal
practices, and such alteration, addition, or change may justify the application of
permit conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit
application process or not reported pursuant to an approved land application plan.

The permittee shall give advance notice to the Department of any planned changes in the

permitted facility or activity which may result in noncompliance with permit requirements.
K. Signatory Requirements.

Applications.  All permit applications shall be signed as follows:

a. For a corporation: by a responsible corporate officer.  For the purpose of this
section, a responsible corporate officer means: (i) A president, secretary, treasurer,
or vice-president of the corporation in charge of a principal business function, or
any other person who performs similar policy- or decision-making functions for the
corporation, or (ii) the manager of one or more manufacturing, production, or
operating facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations, and
initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for permit application requirements; and where
The Department may waive the written report on a case-by-case basis for reports of
noncompliance under Part II Section C.I. if the oral report has been received within 24
hours and no adverse impact on state waters has been reported.

The permittee shall report all instances of noncompliance not reported under Part II Section

1.1 or Part II Section I.2, in writing, at the time the next monitoring reports are submitted.
The reports shall contain the information listed in Part II Section 1.2
NOTE: The immediate (within 24 hours) reports required in Part II Section C (G, H.
and I) may be made to the Department’s Big Stone Gap Office Enforcement Section at
(276) 523-8199 (voice). For emergencies the Virginia Department of Emergency
Services maintains a 24 hour telephone service at 1-800-468-8892.
J. Notice of Planned Changes.
1 The permittee shall give notice to the Department as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only when:
a. The permittee plans alteration o addition to any building, structure, facility, or
installation from which there is or may be a discharge of pollutants, the construction
of which commenced:
(1) After promulgation of standards of performance under Section 306 of Clean
Water Act which are applicable to such source; or
(2) After proposal of standards of performance in accordance with Section 306
of Clean Water Act which are applicable to such source, but only if the
standards are promulgated in accordance with Section 306 within 120 days
of their proposal;
b. The alteration or addition could significantly change the nature of inerease the
quantity of pollutants discharged. This notification applies to pollutants which are
subject neither to effluent limitations nor to notification requirements specified
elsewhere in this permit; or
¢c. The alteration or addition results in a significant change in sludge use or disposal
practices, and such alteration, addition, or change may justify the application of
permit conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit
application process or not reported pursuant to an approved land application plan.

The permittee shall give advance notice to the Department of any planned changes in the

permitted facility or activity which may result in noncompliance with permit requirements.
K. Signatory Requirements,
Page 21 of 32
Applications. All permit applications shall be signed as follows:
a. Fora corporation: by a responsible corporate officer. For the purpose of this
section, a responsibie corporate officer means: (i) A president, secretary, treasurer,
or vice-president of the corporation in charge of a principal business function, or
any other person who performs similar policy- or decision-making functions for the
corporation, or (ii) the manager of one or more manufacturing, production, or
operating facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations, and
initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for permit application requirements; and where
Page 22 of 32
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
c. For a municipality, state, federal, or other public agency: By either a principal
executive officer or ranking elected official.  For purposes of this section, a
principal executive officer of a public agency includes: (i) The chief executive
officer of the agency, or (ii) a senior executive officer having responsibility for the
overall operations of a principal geographic unit of the agency.

Reports, etc.  All reports required by permits, and other information requested by the

Department shall be signed by a person described in Part II Section C.K.1, or by a duly
authorized representative of that person.  A person is a duly authorized representative only
if:
a. The authorization is made in writing by a person described in Part II Section C.K.1;
b. The authorization specifies either an individual or a position having responsibility
for the overall operation of the regulated facility or activity such as the position of
plant manager, operator of a well or a well field, superintendent, position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company.  (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
c. The written authorization is submitted to the Department.

Changes to authorization.  If an authorization under Part II Section C.K.2 is no longer

accurate because a different individual or position has responsibility for the overall
operation of the facility, a new authorization satisfying the requirements of Part II Section
C.K.2 shall be submitted to the Department prior to or together with any reports, or
information to be signed by an authorized representative.

Certification.  Any person signing a document under Part II Section C.K.1 or 2 shall make

the following certification:
"I certify under penalty of law that this document 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 those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete.  I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations."
L. Duty to Comply.
The permittee shall comply with all conditions of this permit.  Any permit noncompliance
constitutes a violation of the Coal Surface Mining Operation permit, State Water Control Law and
the Clean Water Act, except that noncompliance with certain provisions of this permit may
constitute a violation of the State Water Control Law but not the Clean Water Act.  Permit
noncompliance is grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or denial of a permit renewal application.
The permittee shall comply with effluent standards or prohibitions established under Section 307(a)
of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal
established under Section 405(d) of the Clean Water Act within the time provided in the regulations
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;
b. Fora partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
c. Fora municipality, state, federal, or other public agency: By either a principal
executive officer or ranking elected official. For purposes of this section, a
principal executive officer of a public agency includes: (i) The chief executive
officer of the agency, or (ii) a senior executive officer having responsibility for the
overall operations of a principal geographic unit of the agency.

Reports, ete. All reports required by permits, and other information requested by the
Department shall be signed by a person described in Part II Section C.K.1, or by a duly
authorized representative of that person. A person is a duly authorized representative only
if
a. The authorization is made in writing by a person described in Part II Section C.K.1;
b. The authorization specifies either an individual or a position having responsibility
for the overall operation of the regulated facility or activity such as the position of
plant manager, operator of a well or a well field, superintendent, position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and

©. The written authorization is submitted to the Department.
Changes to authorization. If an authorization under Part II Section C.K.2 is no longer
accurate because a different individual or position has responsibility for the overall
operation of the facility, a new authorization satisfying the requirements of Part II Section
C.K.2 shall be submitted to the Department prior to or together with any reports, or
information to be signed by an authorized representative,

Certification. Any person signing a document under Part II Section C.K.1 or 2 shall make
the following certification:
"certify under penalty of law that this document 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 those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. am aware that there are significant penalties for

submitting false information, including the possibility of fine and imprisonment for
knowing violations."
Duty to Comply.
‘The permittee shall comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Coal Surface Mining Operation permit, State Water Control Law and
the Clean Water Act, except that noncompliance with certain provisions of this permit may
constitute a violation of the State Water Control Law but not the Clean Water Act, Permit
noncompliance is grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or denial of a permit renewal application,
‘The permittee shall comply with effluent standards or prohibitions established under Section 307(a)
of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal
established under Section 405(d) of the Clean Water Act within the time provided in the regulations
Page 22 of 32
Page 23 of 32
that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if
this permit has not yet been modified to incorporate the requirement.
M. Duty to Reapply.
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee shall apply for and obtain a new permit.  All permittees with a currently
effective permit shall submit a new application at least 180 days before the expiration date of the
existing permit, unless permission for a later date has been granted by the Department.  The
Department shall not grant permission for applications to be submitted later than the expiration date
of the existing permit.
N. Effect of a Permit.
This permit does not convey any property rights in either real or personal property or any exclusive
privileges, nor does it authorize any injury to private property or invasion of personal rights, or any
infringement of federal, state or local law or regulations.
O. State Law.
Nothing in this permit shall be construed to preclude the institution of any legal action under, or
relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any
other state law or regulation or under authority preserved by Section 510 of the Clean Water Act.
Except as provided in permit conditions on “bypassing” Part II Section C. U, and “upset” (Part II
Section C.V) nothing in this permit shall be construed to relieve the permittee from civil and
criminal penalties for noncompliance.
P. Oil and Hazardous Substance Liability.
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
Q. Proper Operation and Maintenance.
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit.  Proper operation and maintenance also includes
effective plant performance, adequate funding, adequate staffing, and adequate laboratory and
process controls, including appropriate quality assurance procedures.  This provision requires the
operation of back-up or auxiliary facilities or similar systems which are installed by the permittee
only when the operation is necessary to achieve compliance with the conditions of this permit.
R. Disposal of solids or sludge
Solids, sludge or other pollutants removed in the course of treatment or management of pollutants
shall be disposed of in a manner so as to prevent any pollutant from such materials from entering
state waters.
S. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if
permit has not yet been modified to incorporate the requirement.
M. Duty to Reapply.
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee shall apply for and obtain a new permit. All permittees with a currently
effective permit shall submit a new application at least 180 days before the expiration date of the
existing permit, unless permission for a later date has been granted by the Department, The
Department shall not grant permission for applications to be submitted later than the expiration date
of the existing permit.
N Effect of a Permit.
This permit does not convey any property rights in either real or personal property or any exclusive
privileges, nor does it authorize any injury to private property or invasion of personal rights, or any
infringement of federal, state or local law or regulations.
O. State Law,
Nothing in this permit shall be construed to preclude the institution of any legal action under, or
relieve the permitice from any responsibilities, liabilities, or penalties established pursuant to any
other state law or regulation or under authority preserved by Section 510 of the Clean Water Act.
Except as provided in permit conditions on “bypassing” Part II Section C. U, and “upset” (Part IL
Section C.V) nothing in this permit shall be construed to relieve the permittee from civil and
criminal penalties for noncompliance.
P. Oil and Hazardous Substance Liability,
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
Proper Operation and Maintenance.
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and maintenance also includes
effective plant performance, adequate funding, adequate staffing, and adequate laboratory and
process controls, including appropriate quality assurance procedures. This provision requires the
operation of back-up or auxiliary facilities or similar systems which are installed by the permittee
only when the operation is necessary to achieve compliance with the conditions of this permi
R. Disposal of solids or sludge
Solids, sludge or other pollutants removed in the course of treatment or management of pollutants
shall be disposed of in a manner so as to prevent any pollutant from such materials from entering
state waters.
S. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
Page 23 of 32
Page 24 of 32
T. Need to Halt or Reduce Activity not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the conditions of this
permit.
U. Bypass

“Bypass” means the intentional diversion of waste streams from any portion of a treatment

facility.  The permittee may allow any bypass to occur which does not cause effluent
limitations to be exceeded, but only if it also is for essential maintenance to assure efficient
operation.  These bypasses are not subject to the provisions of Part II Section C.U.2 and 3.

Notice

a. Anticipated bypass.  If the permittee knows in advance of the need for a bypass,
prior notice shall be submitted, if possible at least ten days before the date of the
bypass.
b. Unanticipated bypass.  The permittee shall submit notice of an unanticipated bypass
as required in Part II Section C.I.

Prohibition of bypass.

a. Bypass is prohibited, and the Department may take enforcement action against a
permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(2) There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance
during normal periods of equipment downtime.  This condition is not
satisfied if adequate back-up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive
maintenance; and
(3) The permittee submitted notices as required under Part II Section C.U.2.
b. The Department may approve an anticipated bypass, after considering its adverse
effects, if the Department determines that it will meet the three conditions listed
above in Part II Section C.U.3.a.
V. Upset

An upset constitutes an affirmative defense to an action brought for noncompliance with

technology based permit effluent limitations if the requirements of Part II Section C.V.2 are
met.  A determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is not a final administrative action
subject to judicial review.

A permittee who wishes to establish the affirmative defense of upset shall demonstrate,

through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s) of the upset;
b. The permitted facility was at the time being properly operated;
c. The permittee submitted notice of the upset as required in Part II Section C.I; and
d. The permittee complied with any remedial measures required under Part II Section
C.S.
T. ‘Need to Halt or Reduce Activity not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the conditions of this
permit.
U. Bypass
1 “Bypass” means the intentional diversion of waste streams from any portion of a treatment
facility. The permittee may allow any bypass to occur which does not cause effluent
limitations to be exceeded, but only if it also is for essential maintenance to assure efficient
operation, These bypasses are not subject to the provisions of Part II Section C.U.2 and 3.
2. Notice
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass,
prior notice shall be submitted, if possible at least ten days before the date of the
bypass,
b. _Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass
as required in Part II Section C.L

Prohibition of bypass.

a. Bypass is prohibited, and the Department may take enforcement action against a
permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(2) There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance
during normal periods of equipment downtime. ‘This condition is not
satisfied if adequate back-up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which
‘occurred during normal periods of equipment downtime or preventive
maintenance; and
(3) The permittee submitted notices as required under Part II Section C.U.2.
b, The Department may approve an anticipated bypass, after considering its adverse
effects, if the Department determines that it will meet the three conditions listed
above in Part Il Section C.U.3.a.
Upset
1 An upset constitutes an affirmative defense to an action brought for noncompliance with
technology based permit effluent limitations if the requirements of Part II Section C.V.2 are
met. A determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is not a final administrative action
subject to judicial review.

A permittee who wishes to establish the affirmative defense of upset shall demonstrate,

through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s) of the upset;
b. The permitted facility was at the time being properly operated;
c. The permittee submitted notice of the upset as required in Part II Section C.1; and
d. The permittee complied with any remedial measures required under Part II Section
CS.
Page 24 of 32
Page 25 of 32

In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset

has the burden of proof.
W. Inspection and Entry.
The permittee shall allow the Director, or an authorized representative, upon presentation of
credentials and other documents as may be required by law, to:

Enter upon the permitted premises where a regulated facility or activity is located or

conducted, or where records must be kept under the conditions of this permit;

Have access to and copy, at reasonable times, any records that must be kept under the

conditions of this permit;

Inspect at reasonable times any facilities, equipment (including monitoring and control

equipment), practices, or operations regulated or required under this permit; and

Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as

otherwise authorized by the Coal Surface Mining Operation permit, Clean Water Act and
the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular
business hours, and whenever the facility is discharging.  Nothing contained herein shall make an
inspection unreasonable during an emergency.
X. Permit Actions.
Permits may be modified, revoked and reissued, or terminated for cause.  The filing of a request by
the permittee for a permit modification, revocation and reissuance, or termination, or a notification
of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of permits.
Permits are not transferable to any person except after approval of a succession application by the
Department.
Z. Severability.
The provisions of this permit are severable, and if any provision of this permit or the application of
any provision of this permit to any circumstance is held invalid, the application of such provision to
other circumstances and to the remainder of this permit shall not be affected thereby.
AA. Water Quality Criteria Reopener
This permit may be modified or alternatively revoked and reissued to incorporate appropriate limits
provided regular or conditional effluent monitoring indicates the need for any water quality-based
limitations.
NPDES Permit Definitions
(A) The term “acid or ferruginous mine drainage” means mine drainage which, before any treatment, either
has a pH of less than 6.0 or a total iron concentration equal to or more than 10 mg/l.
(B) The term “active mine drainage’ means the area actively being used or disturbed for the extraction,
removal, or recovery of coal from its natural deposits.  This excludes areas where reclamation and
revegetation has been completed.
© The term “alkaline mine drainage” means mine drainage which, before any treatment, has a pH equal to
or more than 6.0 and a total iron concentration less than 10 mg/l.
AA.
This pe
provided regular or conditional effluent monitoring in
3 In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset
has the burden of proof.
Inspection and Entry.
The permittee shall allow the Director, or an authorized representative, upon presentation of
credentials and other documents as may be required by law, to:
1 Enter upon the permitted premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;


Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;


Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and


4, Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Coal Surface Mining Operation permit, Clean Water Act and
the State Water Control Law, any substances or parameters at any location,
For purposes of this section, the time for inspection shall be deemed reasonable during regular
business hours, and whenever the facility is discharging. Nothing contained herein shall make an
spection unreasonable during an emergency.
Permit Actions.
Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by
the permittee for a permit modification, revocation and reissuance, or termination, or a notification
of planned changes or anticipated noncompliance does not stay any permit condition.
Transfer of permits.
Permits are not transferable to any person except after approval of a succession application by the
Department.
Severability.
The provisions of this permit are severable, and if any provision of this permit or the application of
any provision of this permit to any circumstance is held invalid, the application of such provision to
other circumstances and to the remainder of this permit shall not be affected thereby.
Water Quality Criteria Reopener
mit may be modified or alternatively revoked and reissued to incorporate appropriate limits
tes the need for any water quality-based
limitations.
NPDES Permit Definitions
(A)
(B)
©
Page 25
The term “acid of ferruginous mine drainage” means mine drainage which, before any treatment, either
has a pH of less than 6.0 or a total iron concentration equal to or more than 10 mgy!
‘The term “active mine drainage’ means the area actively being used or disturbed for the extraction,
removal, or recovery of coal from its natural deposits. This excludes areas where reclamation and
revegetation has been completed,
The term “alkaline mine drainage” means mine drainage which, before any treatment, has a pH equal to
‘or more than 6.0 and a total iron concentration less than 10 mgll
of 32
Page 26 of 32
(D) “Application” means the EPA standard national forms for applying for a permit, including any additions
or modifications to the forms; or forms approved by EPA for use in approved States, including any
approve additions or modifications.
(E) “Approved program or approved State” means a State administered NPDES program which has been
approved or authorized by EPA under 40 CFR Part 123.
(F) “Best management practices” (BMP) means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of waters of
the United States.  BMPs include treatment requirements, operation procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(G) “Coal preparation plant” means a facility where coal is crushed, screened, sized, cleaned, dried, or
otherwise prepared and loaded for transit to a consuming facility.  “Coal preparation plant associated
areas” means the coal preparation plant yards, immediate access roads, coal refuse piles, and coal storage
piles and facilities.  “Coal preparation plant water circuit means all pipes, channels, basins, tanks, and all
other structures and equipment that convey, contain, treat, or process any water that is used in coal
preparation processes within a coal preparation plant.
(H) The term “commingled discharge” means discharges of drainage from underground workings that are
mixed or commingled with surface mine drainage.
(I) “Composite sample” means a combination of individual samples of wastewater taken at 1 hour intervals,
for eight (8) hours (or for the duration of discharge, whichever is less), to minimize the effect of
variability of the individual samples.  Individual samples must be of equal volume. (Example: one (1)
liter per hour.)
(J) The term “controlled discharge” means any surface mine drainage that is pumped or siphoned from the
active mining area.
(K) “CWA” means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act)
Public Law 92-500 as amended by Public Law 95-217, and Public Law 95-576, 33 U.S.C. 1251 et seq.
(L) The “daily maximum” discharge means the total mass of a pollutant discharged during the calendar day.
Where the pollutant is limited in terms other than mass, the daily maximum shall mean the average
concentration or other measurement specified during the calendar day or other specified sampling day.
(M) The “instantaneous maximum” means the level not to be exceeded at any time in any grab sample.
(N) “Discharge (of a pollutant)” means any addition of any pollutant or combination of pollutants to waters
of the United States from any point source; or any addition of any pollutant or combination of pollutants
to the waters of the contiguous zone or ocean from any point source other than a vessel or other floating
craft which is being used as a means of transportation.
(O) “Existing source or existing discharger (in the NPDES program)” means any source which is not a new
source or new discharger.
(P) “Effluent limitation” means any restriction imposed by the Director on quantities, discharge rates, and
concentrations of pollutants that are discharged from point sources into waters of the United States, the
waters of the contiguous zone, or the ocean.
(Q) “Effluent limitation guideline” means a regulation published by the Administration under Section 304(b)
of the CWA to adopt or revise effluent limitations.
® “Environmental Protection Agency (EPA)” means the United States Environmental Protection Agency.
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“Application” means the EPA standard national forms for applying for a permit, including any additions
or modifications to the forms; or forms approved by EPA for use in approved States, including any
approve additions or modifications.
pproved program or approved State” means a State administered NPDES program which has been
approved or authorized by EPA under 40 CFR Part 123,
“Best management practices” (BMP) means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of waters of
the United States. BMPs include treatment requirements, operation procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
“Coal preparation plant” means a facility where coal is crushed, screened, sized, cleaned, dried, or
otherwise prepared and loaded for transit to a consuming facility. “Coal preparation plant associated
areas” means the coal preparation plant yards, immediate access roads, coal refuse piles, and coal storage
piles and facilities. “Coal preparation plant water circuit means all pipes, channels, basins, tanks, and all
other structures and equipment that convey, contain, treat, or process any water that is used in coal
preparation processes within a coal preparation plant.
The term “commingled discharge” means discharges of drainage from underground workings that are
mixed or commingled with surface mine drainage.
“Composite sample” means a combination of individual samples of wastewater taken at 1 hour intervals,
for eight (8) hours (or for the duration of discharge, whichever is less), to minimize the effect of
variability of the individual samples. Individual samples must be of equal volume. (Example: one (1)
liter per hour.)
The term “controlled discharge” means any surface mine drainage that is pumped or siphoned from the
active mining area,
“CWA” means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act)
Public Law 92-500 as amended by Public Law 95-217, and Public Law 95-576, 33 U.S.C. 1251 et seq.
The “daily maximum” discharge means the total mass of a pollutant discharged during the calendar day.
Where the pollutant is limited in terms other than mass, the daily maximum shall mean the average
concentration or other measurement specified during the calendar day or other specified sampling day.
The “instantaneous maximum” means the level not to be exceeded at any time in any grab sample.
“Discharge (of a pollutant)” means any addition of any pollutant or combination of pollutants to waters
of the United States from any point source; or any addition of any pollutant or combination of pollutants
to the waters of the contiguous zone or ocean from any point source other than a vessel or other floating
craft which is being used as a means of transportation.
“Existing source or existing discharger (in the NPDES program)” means any source which
source or new discharger.
not anew
“Effluent limitation” means any restriction imposed by the Director on quantities, discharge rates, and
concentrations of pollutants that are discharged from point sources into waters of the United States, the
waters of the contiguous zone, or the ocean,
“Effluent limitation guideline” means a regulation published by the Administration under Section 304(b)
of the CWA to adopt or revise effluent limitations
“Environmental Protection Agency (EPA)” means the United States Environmental Protection Agency.
Page 26 of 32
Page 27 of 32
(S) “Estimate” means to be based on technical evaluation of the sources contributing to the discharge
including, but not limited to, pump capabilities, water meters, and batch discharge volumes.
(T) “Grab sample” means an individual sample collected in less than 15 minutes.
(U) “Measured Flow” means any method of liquid volume measurement the accuracy of which has been
previously demonstrated in engineering practices, or for which a relationship to absolute volume has
been obtained.
(V) “Mine drainage” means any drainage, and any water pumped or siphoned, from an active mining area or
a post-mining area.  The abbreviation “ml/l” means milliliters per liter.
(W) The “monthly average” discharge means the total mass (and concentration if appropriate) of all daily
discharges sampled and/or measured properly during a calendar month divided by the number of daily
discharges sampled and/or measured properly during such month.
(X) The “monthly average” temperature means the arithmetic mean of temperature measurements made on
an hourly basis, or mean value plot of the record of a continuous automated temperature recording
instrument, either during a calendar month, or during the operating month if flows are of shorter
duration.
(Y) “National Pollutant Discharge Elimination System (NPDES)” means the national program for issuing,
modifying, revoking and reissuing, terminating, monitoring, and enforcing permits and imposing and
enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of CWA.  The term includes
an approved program.
(Z) “New discharger” means any building, structure, facility, or installation: (A) From which there is or may
be a new or additional discharge of pollutants at a site at which on October 18, 1972, it had never
discharged pollutants; (B) Which has never received a finally effective NPDES permit for discharges at
that site; and © Which is not a “new source”.  This definition includes an indirect discharger, which
commences discharging into waters of the United States.  It also includes any existing mobile point
source, such as an offshore oil drilling rig, seafood processing vessel, or aggregate plant that begins
discharging at a location for which it does not have an existing permit.
(AA) “NA” means effluent limitations and monitoring requirements not required.
(BB) “NL” means no limitation on the affected parameters, however monitoring is required.
(CC) “Outfall” means a point source.
(DD) “Permit” means an authorization, license, or equivalent control document issued by EPA or an approved
State to implement the requirements of 40 CFR Parts 122, 123, and 124.
(EE) “Point source” means any discernible, confined, and discrete conveyance, including but not limited to
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, vessel, or other floating craft from which pollutants are or may be discharged.
This term does not include return flows from irrigated agriculture.
(FF) “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, chemical waste, biological materials, radioactive materials [except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. Section 2011 et seq.)], heat
wrecked or discarded equipment, rocks, sand, cellar dirt and industrial, municipal, and agriculture waste
discharged into water.
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FF)
“Estimate” means to be based on technical evaluation of the sources contributing to the discharge
including, but not limited to, pump capabilities, water meters, and batch discharge volumes.
“Grab sample” means an indi
idual sample collected in less than 15 minutes.
“Measured Flow” means any method of liquid volume measurement the accuracy of which has been
previously demonstrated in engineering practices, or for which a relationship to absolute volume has
been obtained.
ine drainage” means any drainage, and any water pumped or siphoned, from an active mining area or
‘apost-mining area, The abbreviation “ml/l” means milliliters per liter.
‘The “monthly average” discharge means the total mass (and concentration if appropriate) of all daily
discharges sampled and/or measured properly during a calendar month divided by the number of daily
discharges sampled and/or measured properly during such month.
‘The “monthly average” temperature means the arithmetic mean of temperature measurements made on
an hourly basis, or mean value plot of the record of a continuous automated temperature recording
instrument, either during a calendar month, or during the operating month if flows are of shorter
duration,
“National Pollutant Discharge Elimination System (NPDES)” means the national program for issuing,
modifying, revoking and reissuing, terminating, monitoring, and enforcing permits and imposing and
enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of CWA. The term includes
‘an approved program.
“New discharger” means any building, structure, facility, or installation: (A) From which there is or may
be anew or additional discharge of pollutants at a site at which on October 18, 1972, it had never
discharged pollutants; (B) Which has never received a finally effective NPDES permit for discharges at
that site; and © Which is not a “new source”, This definition includes an indirect discharger, which
commences discharging into waters of the United States. It also includes any existing mobile point
source, such as an offshore oil drilling rig, seafood processing vessel, or aggregate plant that begins
discharging at a location for which it does not have an existing permit.
IA” means effluent limitations and monitoring requirements not required
“NL” means no limitation on the affected parameters, however monitoring is required.
“Outfall” means a point source.
“Permit” means an authorization, license, or equivalent control document issued by EPA or an approved
State to implement the requirements of 40 CFR Parts 122, 123, and 124.
oint source” means any discernible, confined, and discrete conveyance, including but not limited to
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, vessel, or other floating craft from which pollutants are or may be discharged.
This term does not include return flows from irrigated agriculture.
“Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, chemical waste, biological materials, radioactive materials [except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. Section 2011 et seq.)], heat
wrecked or discarded equipment, rocks, sand, cellar dirt and industrial, municipal, and agriculture waste
discharged into water.
Page 27 of 32
Page 28 of 32
(GG) The term “post-mining area” means: (1) A reclamation area or (2) the underground workings of an
underground coal mine after the extraction, removal, or recovery of coal from its natural deposit has
ceased and prior to bond release.
(HH) The term “10-year, 24-hour precipitation event” means the maximum 24-hour precipitation event with a
probable recurrence interval of once in ten years as defined by the National Weather service and
Technical Paper No. 40, “Rainfall Frequency Atlas of the U.S.,” May 1961, or equivalent regional or
rainfall probability information developed there from.
(II) The term “qualifying rainfall event” means the rainfall amounts as defined; active mine areas = 0.2”/24
hours, refuse areas = 2.5”/24 hours, controlled and commingled = 4.4”/24 hour.
(JJ) The term “reclamation area” means the surface area of a coal mine which has been returned to required
contour and on which revegetation (specifically seeding or planting) work has commenced.  The term
“pre-reclamation area” means the surface area of a coal mine prior to reclamation.
(KK) The term “settleable solids” is that matter measured by the volumetric method that is determined by the
following procedure: (a) fill an Imhoff cone to the one-liter mark with a thoroughly mixed sample.
Allow to settle undisturbed for 45 minutes.  Gently stir along the inside surface of the cone with a stirring
rod.  Allow to settle undisturbed for 15 minutes longer.  Record the volume of settled material in the
cone as milliliters per liter.  The method detection limit for coal mining point sources is 0.4 ml/l.
(LL) The terms “treatment facility” and “treatment system” means all structures which contain, convey, and as
necessary, physically or chemically treat coal mine drainage, coal preparation process water, surface
runoff from disturbed areas, or drainage from coal preparation plant associated areas, which remove
pollutants regulated by the Part from such waters.  This includes all pipes, channels, ponds, basins, tanks,
and all other equipment serving such structures.
(MM) The terms “underground mine drainage or discharge” mean discharges from the underground workings
of underground mines until SMCRA bond release.
(NN) The “weekly average” discharge means the total concentration and mass of all daily discharges sampled
and/or measured during a calendar week divided by the number of daily discharges sampled and/or
measured during such week.
(OO) The term “coal refuse disposal pile” means any coal refuse deposited on the earth and intended as
permanent disposal or long term storage (greater than 180 days) of such material, but does not include
coal refuse deposited within the active mining area or coal refuse never removed from the active mining
area.
(GG)
(HH)
ap
Ws)
(KK)
(a5)
(MM)
wy)
(0)
‘The term “post-mining area” means: (1) A reclamation area or (2) the underground workings of an
underground coal mine after the extraction, removal, or recovery of coal from its natural deposit has
ceased and prior to bond release.
‘The term “10-year, 24-hour precipitation event” means the maximum 24-hour precipitation event with a
probable recurrence interval of once in ten years as defined by the National Weather service and
Technical Paper No. 40, “Rainfall Frequency Atlas of the U.S.,” May 1961, or equivalent regional or
rainfall probability information developed there from.
‘The term “qualifying rainfall event” means the rainfall amounts as defined; active mine areas = 0.2°/24
hours, refuse areas = 2.5"/24 hours, controlled and commingled = 4.4"/24 hour.
The term “reclamation area” means the surface area of a coal mine which has been returned to required
contour and on which revegetation (specifically seeding or planting) work has commenced. The term
“pre-reclamation area” means the surface area of a coal mine prior to reclamation.
The term “settleable solids” is that matter measured by the volumetric method that is determined by the
following procedure: (a) fill an Imhoff cone to the one-liter mark with a thoroughly mixed sample.
Allow to settle undisturbed for 45 minutes. Gently stir along the inside surface of the cone with a stirring
rod. Allow to settle undisturbed for 15 minutes longer. Record the volume of settled material in the
cone as milliliters per liter. The method detection limit for coal mining point sources is 0.4 ml/l
The terms “treatment facility” and “treatment system” means all structures which contain, convey, and as
necessary, physically or chemically treat coal mine drainage, coal preparation process water, surface
runoff from disturbed areas, or drainage from coal preparation plant associated areas, which remove
pollutants regulated by the Part from such waters. This includes all pipes, channels, ponds, basins, tanks,
and all other equipment serving such structures.
The terms “underground mine drainage or discharge” mean discharges from the underground workings
of underground mines until SMCRA bond release.
The “weekly average” discharge means the total concentration and mass of all daily discharges sampled
and/or measured during a calendar week divided by the number of daily discharges sampled and/or
measured during such week,
The term “coal refuse disposal pile” means any coal refuse deposited on the earth and intended as
permanent disposal or long term storage (greater than 180 days) of such material, but does not include
coal refuse deposited within the active mining area or coal refuse never removed from the active mining
area,
Page 28 of 32
Page 29 of 32
Section D
Other Permit Requirements
NPDES Permit Special Conditions
(AA) Water Quality Monitoring
The Department may require every owner to furnish such plans, specifications, or other pertinent
information as may be necessary to determine the effect of the discharge on the water quality or
such information as may be necessary to accomplish the purposes of the CWA, including but not
limited to chemical and biological testing. The permittee shall obtain and record such information
on the receiving waters as requested by the Department.  The information shall be subject to
inspection by authorized State and Federal representatives and shall be submitted with such
frequency and in such detail as requested by the Department.
(BB) Management Requirements

All discharges authorized by this NPDES permit shall be made in accordance with the terms and

conditions of the permit.  The Department must be notified at least thirty (30) days prior to all
expansions, production increases, or process modifications that will result in new or increased
discharge(s) of pollutant(s).  Notification should be by submission of a new or revised
CSMO/NPDES application, or, if such discharge(s) does not violate effluent limitations specified in
the permit, by submission to the Department of notice of such new or increased discharge of
pollutant(s).  All expansions, production increases, or process modifications that will result in new
or increased discharge(s) of pollutant(s) must be approved by the Department prior to
implementation.

The discharge of any pollutant limited in the permit more frequently than, or at a level greater than

that identified and authorized by this permit, shall constitute a violation of the terms and conditions
of this permit.

The discharge of any pollutant(s) from this facility that enters into a water body with an existing and

approved Total Maximum Daily Load (TMDL) must be made in compliance with the TMDL and
any applicable TMDL implementation plan.  If the discharge enters into a water body included on
the state’s current 303(d) list not having an existing and approved TMDL, the discharge of any
pollutant(s) from this facility cannot be the cause of the stream’s impairment and 303(d) listing.
(CC) Availability of Reports
Except for data determined to be confidential under Section 308 of the Clean Water Act (CWA), all
reports prepared in accordance with the terms and conditions of this permit will be available for
public inspection at the Department office.  As required by the Act, effluent data will not be
considered confidential.  Knowingly making false statement on any such report may result in the
imposition of criminal penalties as provided for in Section 309 of the CWA and in Section 62.1-
44.32 of the Code of Virginia.
(DD) Permit Modification and Reissuance
This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable
effluent standard or limitation issued or approved under Section 301(b)(2)© and (D), 304 (b)(2),
and 307 (a)(2) of the CWA, if the effluent standard or limitations so issued or approved:
(i) Contain different conditions or is otherwise more stringent than any effluent limitation in the
permit; or
Section D
Other Permit Requirements
NPDES Permit Special Conditions
(AA) Water Quality Monitoring
The Department may require every owner to furnish such plans, specifications, or other pertinent
information as may be necessary to determine the effect of the discharge on the water quality or
such information as may be necessary to accomplish the purposes of the CWA, including but not
limited to chemical and biological testing. The permittee shall obtain and record such information
on the receiving waters as requested by the Department. The information shall be subject to
inspection by authorized State and Federal representatives and shall be submitted with such
frequency and in such detail as requested by the Department.
(BB) Management Requirements
(CO) Avai
All discharges authorized by this NPDES permit shall be made in accordance with the terms and
conditions of the permit. The Department must be notified at least thirty (30) days prior to all
expansions, production increases, or process modifications that will result in new or increased
discharge(s) of pollutant(s). Notification should be by submission of a new or revised
CSMOINPDES application, or, if such discharge(s) does not violate effluent limitations specified in
the permit, by submission to the Department of notice of such new or increased discharge of
pollutant(s). All expansions, production increases, or process modifications that will result in new
or increased discharge(s) of pollutant(s) must be approved by the Department prior to
nplementation.
The discharge of any pollutant limited in the permit more frequently than, or at a level greater than
that identified and authorized by this permit, shall constitute a violation of the terms and conditions
of this permit.
The discharge of any pollutant(s) from this facility that enters into a water body with an existing and
approved Total Maximum Daily Load (TMDL) must be made in compliance with the TMDL and
any applicable TMDL implementation plan, If the discharge enters into a water body included on
the state’s current 303(d) list not having an existing and approved TMDL, the discharge of any
pollutant(s) from this facility cannot be the cause of the stream’s impairment and 303(d) listing.
ity of Reports
Except for data determined to be confidential under Section 308 of the Clean Water Act (CWA), all
reports prepared in accordance with the terms and conditions of this permit will be available for
public inspection at the Department office. As required by the Act, effluent data will not be
considered confidential. Knowingly making false statement on any such report may result in the
position of criminal penalties as provided for in Section 309 of the CWA and in Section 62.1-
44.32 of the Code of Virgi
(DD) Permit Modification and Reissuance
This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable
effluent standard or limitation issued or approved under Section 301(b)(2)© and (D), 304 (b)(2),
and 307 (a)(2) of the CWA, if the effluent standard or limitations so issued or approved:
(i) Contain different conditions or is otherwise more stringent than any effluent limitation in the
permit; or
Page 29 of 32
Page 30 of 32
(ii) Control any pollutant not limited in the permit; or
(iii) The permit as modified or reissued under this paragraph shall also contain any other
requirements of the Act as applicable.
(iv) Immediately after EPA’s promulgation of applicable standards or limitations, a draft permit
incorporating the new requirements shall be sent to the permittee.
(EE) State Law

Compliance with this permit during its term constitutes compliance with the Virginia State Law and

CWA except for any standard imposed under Section 307 of the CWA for a toxic pollutant injurious
to human health.

State water quality standards contain an antidegradation policy that is applicable to this permit,

facility, and discharge(s).  Effluent limitations assigned to this permit require the operator to utilize
the best available technology to treat all discharges and to protect water quality.  As a condition of
this permit, the permittee must take appropriate measures to comply with the antidegradation policy.

Nothing in this permit shall be construed to preclude the institution of any legal action under, or

relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any
other State law or regulation or under authority preserved by Section 510 of the CWA.
(FF) Toxic Pollutants
If a toxic effluent standard or prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a) of the CWA for a toxic
pollutant which is present in the discharge and such standard or prohibition is more stringent than
any limitation for such pollutant in this permit, this permit shall be revoked and reissued or modified
in accordance with the toxic effluent standard or prohibition.  Any effluent standard or prohibition
established under Section 307(a) for a toxic pollutant injurious to human health is effective and
enforceable by the time set forth in the promulgated standard, even absent permit modification.
(GG)  Chemical Treatment
Chemical treatment is not permitted unless specified in Part I Section 5.15 of the CSMO/NPDES
permit application or otherwise specifically authorized by the Department. Treatment chemicals will
be utilized in accordance with manufacturer’s specifications and in quantities not harmful to aquatic
life.
(HH) Alternate effluent limitations applicable to precipitation events
The permit includes a condition which provides an exclusion of the TSS, total iron and total
manganese concentration limitations during periods of runoff from a qualifying precipitation event
as referenced in 40 CFR 434. However, TSS is required to be collected and reported for discharges
utilizing the alternate effluent limit. The reported TSS analyses will be utilized by DMLR for waste
load calculation only.
For discharges to TMDL watersheds with TSS identified as a stressor, the permit shall also comply
with the applicable TMDL consistent with its assumptions and requirements. Best management
practices requirements and/or offsets will be used to establish any necessary reductions to meet the
(ii) Control any pollutant not limited in the permit; or
(iii) The permit as modified or reissued under this paragraph shall also contain any other
requirements of the Act as applicable.
(iv) Immediately after EPA’s promulgation of applicable standards or limitations, a draft permit
incorporating the new requirements shall be sent to the permittee.
(EE) State Law
‘Compliance with this permit during its term constitutes compliance with the Virginia State Law and
CWA except for any standard imposed under Section 307 of the CWA for a toxic pollutant injurious
to human health,
State water quality standards contain an antidegradation policy that is applicable to this permit,
facility, and discharge(s). Effluent limitations assigned to this permit require the operator to uti
the best available technology to treat all discharges and to protect water quality. As a condition of
this permit, the permittee must take appropriate measures to comply with the antidegradation policy.
Nothing in this permit shall be construed to preclude the institution of any legal action under, or
relieve the permitice from any responsibilities, liabilities, or penalties established pursuant to any
other State law or regulation or under authority preserved by Section 510 of the CWA.
(FF) Toxic Pollutants
Ifa toxic effluent standard or prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a) of the CWA for a toxic
pollutant which is present in the discharge and such standard or prohibition is more stringent than
any limitation for such pollutant in this permit, this permit shall be revoked and reissued or modified
in accordance with the toxic effluent standard or prohibition, Any effluent standard or prohibition
established under Section 307(a) for a toxic pollutant injurious to human health is effective and
enforceable by the time set forth in the promulgated standard, even absent permit modification.
(GG) Chemical Treatment
Chemical treatment is not permitted unless specified in Part I Section 5.15 of the CSMO/NPDES
permit application or otherwise specifically authorized by the Department. Treatment chemicals will
be utilized in accordance with manufacturer’s specifications and in quantities not harmful to aquatic
life
(HH) Alternate effluent limitations applicable to precipitation events
The permit includes a condition which provides an exclusion of the TSS, total iron and total
manganese concentration limitations during periods of runoff from a qualifying precipitation event
as referenced in 40 CFR 434, However, TSS is required to be collected and reported for discharges
utilizing the alternate effluent limit. The reported TSS analyses will be utilized by DMLR for waste
load calculation only.
For discharges to TMDL watersheds with TSS identified as a stressor, the permit shall also comply
with the applicable TMDL consistent with its assumptions and requirements. Best management
practices requirements and/or offsets will be used to establish any necessary reductions to meet the
Page 30 of 32
Page 31 of 32
transient/aggregate waste load allocation as established in the compliance schedule included in this
permit. This requirement is in addition to the technology-based effluent limitations of 40 CFR 434.
CSMO Permit Special Conditions:
(a) Disposal of non-coal waste onsite is prohibited.
(b) Water from sediment control ponds may be used on site for the purpose of dust suppression. Dust
suppression shall be carried out as a best management practice provided that ponding or direct runoff from
the site does not occur during or immediately following its application. Dust suppression shall not be
employed as a wastewater disposal method
© No disturbance is allowed within any jurisdictional waters, whether water of the United States or waters
of the Commonwealth of Virginia (including jurisdictional isolated waters), without first obtaining a Section
404 of the Clean Water Act (CWA) permit from the U.S. Army Corps of Engineers and / or a Section 401 of
the CWA Certification from the Virginia Department of Environmental Quality.
(d) Prior to disturbing any area not included in the approved permit an application for a permit revision /
amendment must be submitted to the Department of Mines, Minerals and Energy (DMME) / Division of
Mined Land Reclamation (DMLR) and the application must be approved with appropriate fees and bond
submitted to DMLR.
(e) The Department shall conduct reviews of the approved permit pursuant to 4VAC25-130-774.11. Based
upon the Department review DMLR may order the revision of the permit pursuant to 4VAC25-130-
774.11(b) and ©.
(f) Biological surveys will be conducted in accordance with the language in Part II Section A.E Stream
Monitoring Conditions of the NPDES permit.
(g) To ensure continuing decrease in TDS for the Cumulative Impact Area, best management practices
(BMPs), verified offsets, and/or mitigation activities proposed in Part II Section A.D of the NPDES permit
should be completed prior to or concurrent with commencement of mining on the proposed permit.
TMDL Special Conditions:
(a) TMDL Reopener Clause
This permit shall be modified or alternately revoked and reissued if any approved waste load allocation
procedure, pursuant to Section 303(d) of the CWA, imposes waste load allocations, limits or other
conditions on the facility that are not consistent with the requirements of this permit.
(b) Numeric Effluent Limitation - Annual Wasteloads
The permittee shall ensure that discharges from permitted point sources comply with the concentration
based numeric effluent limitations assigned in Part II Section A of the joint CSMO/NPDES Permit and that
permitted point source discharges shall not exceed the numeric waste loads of pollution defined in this
permit.

Tracking of mining waste loads, waste load offsets, calculations of mining waste loads, and

comparisons of mining waste loads to allocations will be performed by the Department’s TMDL
system. Discharges resulting in a total waste load which exceeds TMDL limits will be determined as
described in the factsheet associated with this permit.
transient/aggregate waste load allocation as established in the compliance schedule included in this
permit. This requirement is in addition to the technology-based effluent limitations of 40 CFR 434.
CSMO Permit Special Conditions:
(a) Disposal of non-coal waste onsite is prohibited,
(b) Water from sediment control ponds may be used on site for the purpose of dust suppression, Dust
suppression shall be carried out as a best management practice provided that ponding or direct runoff from
the site does not occur during or immediately following its application, Dust suppression shall not be
employed as a wastewater disposal method
(©) No disturbance is allowed within any jurisdictional waters, whether water of the United States or waters
of the Commonwealth of Vi luding jurisdictional isolated waters), without first obtaining a Section
404 of the Clean Water Act (CWA) permit from the U.S. Army Corps of Engineers and / or a Section 401 of
the CWA Certification from the Virginia Department of Environmental Quality.
(@) Prior to disturbing any area not included in the approved permit an application for a permit revision /
amendment must be submitted to the Department of Mines, Minerals and Energy (DMME) / Division of |
Mined Land Reclamation (DMLR) and the application must be approved with appropriate fees and bond
submitted to DMLR.
(e) The Department shall conduct reviews of the approved permit pursuant to 4VAC25-130-774.11. Based
upon the Department review DMLR may order the revision of the permit pursuant to 4VAC25-130-
774.11(b) and ©.
( Biological surveys will be conducted in accordance with the language in Part II Section A.E Stream
Monitoring Conditions of the NPDES permit.
(g) To ensure continuing decrease in TDS for the Cumulative Impact Area, best management practices
(BMPs), verified offsets, and/or mit ies proposed in Part II Section A.D of the NPDES permit
should be completed prior to or concurrent with commencement of mining on the proposed permit.
TMDL Special Conditions:
(a) TMDL Reopener Clause
This permit shall be modified or alternately revoked and reissued if any approved waste load allocation
procedure, pursuant to Section 303(d) of the CWA, imposes waste load allocations, limits or other
conditions on the facility that are not consistent with the requirements of this permit.
(b) Numeric Effluent Limitation - Annual Wasteloads
The permittee shall ensure that discharges from permitted point sources comply with the concentration
based numeric effluent limitations assigned in Part IT Section A of the joint COMO/NPDES Permit and that
permitted point source discharges shall not exceed the numeric waste loads of pollution defined in this
permit.
1, Tracking of mining waste loads, waste load offsets, calculations of mining waste loads, and
comparisons of mining waste loads to allocations will be performed by the Department’s TMDL
system, Discharges resulting in a total waste load which exceeds TMDL limits will be determined as
described in the factsheet associated with this permit,
Page 31 of 32
Page 32 of 32

If the Department determines that waste loads from the permitted point sources have resulted in or

will result in a waste load in excess of the TMDL WLAs, the Department will require the permittee
to conduct additional monitoring according to a schedule established by the Department. Based
upon the monitoring results, the Department will confer with the permittee to develop reduction
actions that may include revised and additional BMPs, as well as flow measurements and other
monitoring. If within 90 days of receipt of the final required monitoring results the Department and
the permittee cannot come to agreement on the necessary reduction actions and a schedule for their
implementation, then the Department may modify or revoke and reissue the NPDES permit to
assign permit-specific reduction actions and an implementation schedule. Failure by the permittee to
comply with any such permit requirements will constitute grounds for enforcement.
© Waste load Offset Credit
The Department will use its existing TMDL database and software to maintain the accounting of load
reduction credit tracking.
(d) NPDES Discharge Monitoring Plan
Referenced in Part II Section A
(e) Offset Monitoring Plan (if applicable)
The offset ratio for this permit is sufficient to assure that adequate pollution reductions will be accomplished
without additional monitoring requirements beyond those previously identified in this joint permit.
The offset ratio is found in the TMDL Addendum in Part I Section 6.1 of the joint CSMO/NPDES permit.
The minimum offset ratio is 2:1.
(f) Unanticipated Failure of Offset (if applicable)
Prior to the release of any performance bond on this permit, the Department shall determine if the permittee
has completed offset requirements.  The offset completion timing is outlined in Part I Section 6.1 of the joint
CSMO/NPDES permit. If the permittee fails to complete the required offset, an alternative offset project
must be approved by the Department and implemented prior to the release of any performance bond on this
permit.
(g) Responsibility to Achieve All Effluent Limitations in Permit
The permittee shall be responsible for achieving all concentration and loading based effluent limitations
assigned by this permit.  The permittee shall be responsible for implementing all best management practices
and/or TMDL Waste load Reduction Actions required by this permit.
(h) Best Management Practices
The permittee shall be responsible for implementing applicable BMPs as noted in DMLR Guidance
Memorandum 14-05 and/or BMPs included in Sections 5.15 and 6.1 of the joint permit application.
Total Maximum Daily Load (TMDL) Compliance and Documentation:
The Department finds that the permit will comply with the approved TMDL and the TMDL Waste Load
Allocation (WLA).  The permit is consistent with the TMDL WLA pursuant to 40 CFR 122.44
(d)(1)(viii)(B).

If the Department determines that waste loads from the permitted point sources have resulted in or
will result in a waste load in excess of the TMDL WLAs, the Department will require the permittee
to conduct additional monitoring according to a schedule established by the Department. Based
upon the monitoring results, the Department will confer with the permittee to develop reduction
actions that may include revised and additional BMPs, as well as flow measurements and other
monitoring. If within 90 days of receipt of the final required monitoring results the Department and
the permittee cannot come to agreement on the necessary reduction actions and a schedule for their
implementation, then the Department may modify or revoke and reissue the NPDES permit to
assign permit-specific reduction actions and an implementation schedule. Failure by the permittee to
comply with any such permit requirements will constitute grounds for enforcement.

© Waste load Offset Credit
The Department will use its existing TMDL database and software to maintain the accounting of load
reduction credit tracking
(a) NPDES Discharge Monitoring Plan
Referenced in Part II Section A
(©) Offset Monitoring Plan (if applicable)
The offset ratio for this permit is sufficient to assure that adequate pollution reductions will be accomplished
without additional monitoring requirements beyond those previously identified in this joint permit,
The offset ratio is found in the TMDL Addendum in Part I Section 6.1 of the joint CSMO/NPDES permit.
‘The minimum offset ratio is 2:1.
() Unanticipated Failure of Offset (if applicable)
Prior to the release of any performance bond on this permit, the Department shall determine if the permittee
has completed offset requirements. The offset completion timing is outlined in Part I Section 6.1 of the joint
CSMOINPDES permit. If the permittee fails to complete the required offset, an alternative offset project
must be approved by the Department and implemented prior to the release of any performance bond on tt
permit
(g) Responsibility to Achieve All Effluent Limitations in Permit
The permittee shall be responsible for achieving all concentration and loading based effluent limitations
assigned by this permit. The permittee shall be responsible for implementing all best management practices
and/or TMDL Waste load Reduction Actions required by this permit.
(h) Best Management Practices
The permittee shall be responsible for implementing applicable BMPs as noted in DMLR Guidance
Memorandum 14-05 and/or BMPs included in Sections 5.15 and 6.1 of the joint permit application.
Total Maximum Daily Load (TMDL) Compliance and Documentation:
‘The Department finds that the permit will comply with the approved TMDL and the TMDL Waste Load
Allocation (WLA). The permit is consistent with the TMDL WLA pursuant to 40 CFR 122.44
(d)(1)(viii)(B).
Page 32 of 32
Page 1 of 26
VIRGINIA DIVISION OF MINED LAND RECLAMATION
Joint CSMO/NPDES Permit Factsheet
Application Number 1010632
CSMO: 1302253
NPDES: 0082253
This document gives pertinent information concerning the joint Coal Surface Mining Operation (CSMO)/
National Pollutant Discharge Elimination System (NPDES) permit listed below.  This permit is being
processed as a Major Source industrial permit.  The industrial discharge(s) result from the control of
surface water runoff and/or groundwater discharges associated with coal mining activities.
The permit process consists of: developing permit limitations based upon the effluent limitations for coal
mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434, the State
Water Quality Standards, Total Maximum Daily Load (TMDL) Regulations, and Storm Water guidelines.
The effluent limitations contained in this permit will maintain all applicable state and federal standards,
including the Water Quality Standards of 9 VAC 25-260-00 et seq., the Virginia Coal Surface Mining and
Reclamation Regulations, and TMDLs.

Facility Information

Permittee Name: RUSSELL COUNTY RECLAMATION, LLC
Address: 2700 LEE HIGHWAY
City: BRISTOL State: VA Zip: 24202
Facility: MOSS #3 PREPARATION PLANT
Location:
Description:  ON DUMPS CREEK NEAR SOUTH CLINCHFIELD
NAD 83 Virginia State Plane South Northing: 3532000
NAD 83 Virginia State Plane South Easting: 10404000
County:  RUSSELL
USGS 7.5’ Quadrangle: CARBO
Type of Mining
AF-Prep Plant
AF-Refuse Disp
Re-processing
Surface-Contour
Surf-Auger/HW Miner

CSMO/NPDES Permit Number:

CSMO: 1302253
NPDES: 0082253
Permit Expiration Date: 12/29/2023
Former NPDES Permit Number: N/A
Former CSMO Permit Number: N/A

Owner Contact:

Operator:   Telephone:
RUSSELL COUNTY RECLAMATION, LLC (276)669-7851
VIRGINIA DIVISION OF MINED LAND RECLAMATION
Joint CSMO/NPDES Permit Factsheet
Application Number 1010632
CSMO: 1302253
NPDES: 0082253
This document gives pertinent information concerning the joint Coal Surface Mining Operation (CSMOY’
National Pollutant Discharge Elimination System (NPDES) permit listed below. This permit is being
processed as a Major Source industrial permit. The industrial discharge(s) result from the control of
surface water runoff and/or groundwater discharges associated with coal mining activities.
The permit process consists of: developing permit limitations based upon the effluent limitations for coal
mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434, the State
Water Quality Standards, Total Maximum Daily Load (TMDL) Regulations, and Storm Water guidelines.
‘The effluent limitations contained in this permit will maintain all applicable state and federal standards,
including the Water Quality Standards of 9 VAC 25-260-00 et seq., the Virginia Coal Surface Mining and
Reclamation Regulations, and TMDLs.

Facility Information

Permittee Name: RUSSELL COUNTY RECLAMATION, LLC
Address: 2700 LEE HIGHWAY
City: BRISTOL State: VA Zip: 24202
MOSS #3 PREPARATION PLANT
’ ON DUMPS CREEK NEAR SOUTH CLINCHFIELD
NAD 83 Virginia State Plane South Northing: 3532000
NAD 83 Virginia State Plane South Easting: 10404000
County: RUSSELL
USGS 7.5" Quadrangle: CARBO
‘Type of i
AF-Prep Plant
AF-Refuse Disp
Re-processing
Surface-Contour
Surf-Auger/HW Miner
2, CSMO/NPDES Permit
SMO: 1302253
NPDES: 0082253
Permit Expiration Date: 12/29/2023
Former NPDES Permit Number: N/A
Former CSMO Permit Number: N/A

Owner Contact:
Operator: Telephone:
RUSSELL COUNTY RECLAMATION, LLC (276)669-7851

Page | of 26
Page 2 of 26

Administrative Dates:

Administratively Complete Date: 3/8/2019
NPDES Reviewer: ANDREW HENSLEY  

NPDES Reviewer Phone: 276-523-8100
Review Begin Date: 3/11/2019
Public Comment Beginning Date: 3/27/2019 (1st publication, LEBANON NEWS)
Public Comment Ending Date: 5/17/2019 (30 days following last publication, LEBANON
NEWS)
Informal Conference Dates: N/A
Application Approval Date: 09/30/2019
Original Permit Issue Date: 12/29/1983

Application Information:

Application Type: RENEWAL C/N
Application Description: CSMO/NPDES Permit Renewal

Receiving Waters Classification:

Stream Name Stream Code Watershed Basin
DUMPS CREEK 524 CLINCH - CLINCH RIVER TENNESSEE
MIDDLE FORK 529 CLINCH - CLINCH RIVER TENNESSEE

Ambient Water Quality Description

Background/baseline ambient water quality information on receiving streams is located in Section
5.9 of the joint permit application. None of the outfalls are limited by receiving stream flows,
therefore drought flow frequencies are not provided. Available instream statistics from 3/31/2016
to 3/31/2019 are summarized below.
Instream Statistics for CM-2
Parameter
Num.
Samples
Average Std. Dev Median Min. Max.
Flow (GPM) 36 14,600.00 17,735.79 8,750.00 900.00 75,000.00
Temperature © 36 14.25 7.00 14.50 3.00 25.00
pH (Std) 36 7.40 0.56 7.40 6.30 8.30
Total Suspended Solids (mg/l) 36 4.91 9.07 2.00 0.00 51.00
Conductivity (uS/cm) 36 470.69 166.16 442.00 233.00 914.00
Total Dissolved Solids (mg/l) 36 308.39 102.59 300.00 126.00 614.00
Iron, Total (mg/l) 36 0.29 0.21 0.20 0.10 1.10
Manganese, Total (mg/l) 36 0.02 0.04 0.00 0.00 0.10
Sulfates (mg/l) 36 92.92 23.41 85.50 50.00 153.00
Alkalinity (mg/l) 36 141.69 65.96 136.00 57.00 330.00
Acidity (mg/l) 36 0.00 0.00 0.00 0.00 0.00
4, Administrative Dates:
Administratively Complete Date: 3/8/2019
NPDES Reviewer: ANDREW HENSLEY
NPDES Reviewer Phone: 276-523-8100
Review Begin Date: 3/11/2019
Public Comment Beginning Date: 3/27/2019 (1* publication, LEBANON NEWS)
Public Comment Ending Date: 5/17/2019 (30 days following last publication, LEBANON
NEWS)
Informal Conference Dates: N/A
Appli Approval Date: 09/30/2019
Original Permit Issue Date: 12/29/1983

Application Information:

Appl ‘Type: RENEWAL C/N
Application Description: CSMO/NPDES Permit Renewal

Receiving Waters Classification:

Watershed
DUMPS CREEK, 524 CLINCH - CLINCH RIVER ‘TENNESSEE
MIDDLE FORK 529 CLINCH - CLINCH RIVER TENNESSEE
7. Ambient Water Quality Description
Background/baseline ambient water quality information on receiving streams is located in Section
5.9 of the joint permit application, None of the outfalls are limited by receiving stream flows,
therefore drought flow frequencies are not provided. Available instream statistics from 3/31/2016
to 3/31/2019 are summarized below.
Instream
Flow (GPM) 14,600.00 | 17,735.79 75,000.00
‘Temperature © 14.25 7.00 14.50 [3.00 25.00
pH (Std) 7.40 0.56 7.40 6.30 8.30
‘Total Suspended Solids (mg/l) 491 9.07 2.00 0.00 51.00
‘Conductivity (uS/em) 470.69 | 166.16 | 442.00 __| 233.00 | 914.00
Total Dissolved Solids (mg/l) | 36 308.39 [102.59 | 300.00 | 126.00 _| 614.00
Tron, Total (mg/l) 36 0.29 0.21 0.20 0.10 1.10
“Manganese, Total (mg/l) 36 0.02 0.04 0.00 0.00 0.10
Sulfates (mg/l) 36 92.92 23.41 85.50 | 50.00 _| 153.00
Alkalinity (mg/1) 36 141.69 [65.96 136.00 [57.00 | 330.00
36 0.00 0.00 0.00 0.00 0.00
Page 2 of 26
Page 3 of 26
Instream Statistics for CM-1
Parameter
Num.
Samples
Average Std. Dev Median Min. Max.
Flow (GPM) 36 5,841.67 6,165.74 4,150.00 200.00 35,000.00
Temperature © 36 13.81 6.26 15.50 2.00 22.00
pH (Std) 36 7.33 0.49 7.40 6.40 8.20
Total Suspended Solids (mg/l) 36 4.17 4.68 2.70 0.00 18.80
Conductivity (uS/cm) 36 435.22 71.45 434.00 299.00 557.00
Total Dissolved Solids (mg/l) 36 295.17 65.59 285.00 182.00 506.00
Iron, Total (mg/l) 36 0.13 0.13 0.10 0.00 0.50
Manganese, Total (mg/l) 36 0.00 0.00 0.00 0.00 0.00
Sulfates (mg/l) 36 118.17 19.91 119.00 67.00 158.00
Alkalinity (mg/l) 36 93.64 21.96 89.00 51.00 140.00
Acidity (mg/l) 36 0.00 0.00 0.00 0.00 0.00

Permit Characterization/Special Conditions/Effluent Limitations:

Narrative Water Quality Standards Applicable
9VAC25-260-20
Discharges from this operation must not cause the violation of any applicable narrative instream
water quality standards.
Technology-based Effluent Limitations Applicable
40 CFR 434
Numeric Water Quality based Effluent Limitations Applicable
9VAC25-260-140
Discharges from this operation must not cause the violation of any applicable numeric instream
water quality standards.
SMCRA Performance Standard
4VAC25-130-816.42 and/or 4VAC25-130-817.42
Standard Permit Conditions Applicable
40 CFR 122.41 and 9VAC25-31-190
The outfalls, discharges, and related activities associated with the proposed operation must
individually and in aggregate remain in compliance with the requirements stated in sections 318,
402, and 405 of the Clean Water Act. Additionally, the permittee must comply with all conditions
attached to the permit, including but not limited to the effluent standards established under 307(a)
of the Clean Water Act. The permittee is bound to all duties, procedures, and requirements laid
out in both Federal Regulation 40 CFR 122.41 and State Regulation 9VAC25-260.
Special Permit Conditions – TMDL Watershed
40 CFR 130 and CWA 303(d)
The application includes outfalls and/or discharges falling within established boundaries of the
TMDL Watershed(s) Dumps Creek due to established stressor(s) TDS and TSS. Therefore,
special permit conditions as defined in the regulations cited above are applicable to the permit.
Special Permit Conditions – SMCRA
4VAC25-130-773-17
Flow (GPM) 36 5,841.67 | 6,165.74 | 4,150.00 | 200.00 _ | 35,000.00
‘Temperature © 36 1381 [6.26 15.50 [2.00 22.00
pH (Std) 36 7.33 049 740 6.40 820
Total Suspended Solids (mg/l) _| 36 4.17 4.68 2.70 0.00 18.80
Conductivity (uS/cm) 36 435.22 TAS 434.00 299.00 557.00
Total Dissolved Solids (mi) [ 36 295.17 [65.59 [285.00 | 182.00 _ | 506.00
Tron, Total (mg/l) 36 0.13 0.13 0.10 0.00 0.50
Manganese, Total (mg/l) 36 0.00 0.00 0.00 0.00 0.00
Sulfates (mg/l) 36 1i8.17[19.91 [119.00 [67.00 | 158.00
Alkalinity (mg/l) 36 93.64 21.96 89.00, 51.00 140.00
‘Acidity (mg/l) 36 0,00 0.00 0.00 0.00 0.00

Permit Characterization/Special Conditions/Effluent Limitations:

& Narrative Water Quality Standards Applicable
9VAC25-260-20
Discharges from this operation must not cause the violation of any applicable narrative instream
‘water quality standards.
I Technology-based Effluent Limitations Applicable
40 CFR 434
(& Numeric Water Quality based Effluent Limitations Applicable
9VAC25-260-140
Discharges from this operation must not cause the violation of any applicable numeric instream
water quality standards.
EA SMCRA Performance Standard
4VAC25-130-816.42 and/or 4VAC25-130-817.42
BI Standard Permit Conditions Applicable
40 CFR 122.41 and 9VAC25-31-190
The outfalls, discharges, and related activities associated with the proposed operation must
individually and in aggregate remain in compliance with the requirements stated in sections 318,
402, and 405 of the Clean Water Act. Additionally, the permittee must comply with all conditions
attached to the permit, including but not limited to the effluent standards established under 307(a)
of the Clean Water Act. The permittee is bound to all duties, procedures, and requirements laid
out in both Federal Regulation 40 CFR 122.41 and State Regulation 9VAC25-260.
Bl Special Permit Conditions - TMDL Watershed
40 CFR 130 and CWA 303(d)
‘The application includes outfalls and/or discharges falling within established boundaries of the
‘TMDL Watershed(s) Dumps Creek due to established stressor(s) TDS and TSS. Therefore,
special permit conditions as defined in the regulations cited above are applicable to the permit.
1 Special Permit Conditions - SMCRA
4VAC25-130-773-17
Page 3 of 26
Page 4 of 26
Special Permit Conditions – Alternate Effluent Limitations: Remining
4VAC25-130-825
Discharges limited based on receiving stream flow – Mixing Zone
9VAC260-20
Possible Interstate Effect
This permit is not permitted to cross state boundaries or otherwise require Virginia interstate
regulations.
O Special Permit Conditions — Alternate Effluent Limitations: Rem
AVAC25-130-825
ning
(1 Discharges limited based on receiving stream flow — Mixing Zone
9VAC260-20
CO Possible Interstate Effect
‘This permit is not permitted to cross state boundaries or otherwit
regulations.
require Virginia interstate
Page 4 of 26
Page 5 of 26

NPDES Effluent Limitation Basis

The monitoring frequency and sample type have been established after considering the consistency and nature of
these operations, the existing analytical data and the potential environmental risk and consequences of the
discharges. Reporting of monitoring data is required quarterly.
Parameter Basis
Iron, Total Iron limitations are based on 40-CFR-434.
Flow Report only, no limit.  Monitoring required by
federal effluent guidelines (40 CFR Part 434).
pH The pH limitation is based upon Virginia’s water
quality standards and federal effluent guidelines
(40 CFR Part 434).
Settleable Solids SS limitations are based on federal effluent
guidelines for coal mining (40 CFR Part 434).
Total Dissolved Solids Monitoring required for informational purposes.
TDS is also load-limited based upon the approved
TMDL, if applicable. For discharges to TMDL
watersheds with TDS identified as a stressor, the
permit shall also comply with the applicable
TMDL consistent with its assumptions and
requirements. Best management practices
requirements and/or offsets will be used to
establish any necessary reductions to meet the
transient/aggregate wasteload allocation.
Total Suspended Solids TSS limitations are based on federal effluent
guidelines for coal mining (40 CFR Part 434).
TSS is also load-limited based upon the approved
TMDL, if applicable. For discharges to TMDL
watersheds with TSS identified as a stressor, the
permit shall also comply with the applicable
TMDL consistent with its assumptions and
requirements. Best management practices
requirements and/or offsets will be used to
establish any necessary reductions to meet the
transient/aggregate wasteload allocation.
Acute WET WET limitations are based on 9 VAC 25-31-220
D criteria for surface water.
Chronic WET WET limitations are based on 9 VAC 25-31-220
D criteria for surface water.

NPDES Effluent Limitation Basis

‘The monitoring frequency and sample type have been established after considering the consistency and nature of
these operations, the existing analytical data and the potential environmental risk and consequences of the
di sa ponat bangs femid ai
Iron, Total Iron limitations are based on 40-CFR-434.
Flow Report only, no limit. Monitoring required by
federal effluent guidelines (40 CFR Part 434).
pH The pH limitation is based upon Virginia’s water
quality standards and federal effluent guidelines
(40 CER Part 434).
Settleable Solids SS limitations are based on federal effluent
‘guidelines for coal mining (40 CFR Part 434).
Total Dissolved Solids ‘Monitoring required for informational purposes.
TDS is also load-limited based upon the approved
TMDL, if applicable, For discharges to TMDL
watersheds with TDS identified as a stressor, the
permit shall also comply with the applicable
TMDL consistent with its assumptions and
requirements, Best management practices
requirements and/or offsets will be used to
establish any necessary reductions to meet the
transientaggregate wasteload allocation.
Total Suspended Solids TSS limitations are based on federal effluent
guidelines for coal mining (40 CFR Part 434).
TSS is also load-limited based upon the approved
TMDL, if applicable, For discharges to TMDL
watersheds with TSS identified as a stressor, the
permit shall also comply with the applicable
‘TMDL consistent with its assumptions and
requirements. Best management practices
requirements and/or offsets will be used to
establish any necessary reductions to meet the
transienvaggregate wasteload allocation.
‘Acute WET WET limitations are based on 9 VAC 25-31-220
D criteria for surface water.
‘Chronic WET WET limitations are based on 9 VAC 25-31-220
D criteria for surface water.
Page 5 of 26
Page 6 of 26

Permit or Proposed Permit Area Questions

Check all that apply:
A. The area contains a publicly owned treatment works which discharge into the waters
of the United States.
B. The facility treats, stores, or disposes of hazardous wastes.
C. Fluids are injected at this facility which are: (1) brought to the surface in connection
with conventional oil or natural gas production; (2) used for the enhanced recovery of
oil or natural gas; or (3) for storage of liquid hydrocarbons.
D. The area contains a concentrated animal feeding operation or aquatic animal
production facility that discharges into the waters of the United States.
E. This facility will inject industrial effluent below the lower most stratum containing,
within 1 quarter mile of the well bore, underground sources of drinking water.

NPDES Outfall Description:

Sediment control structures and the associated NPDES outfalls for surface coal mining operations
primarily receive precipitation runoff from mined areas and treat the runoff by settling sediment particles
prior to discharge to the receiving stream. Precipitation runoff from mined areas also dissolves portions of
exposed fresh rock and carries the associated ions in solution. These ions may not be reduced in the
sedimentation process prior to discharge.  Certain dissolved ions or the combined concentration of these
ions may cause benthic impairment depending on their makeup and/or abundance.
NPDES discharges associated with this permit are from the control of surface water runoff resulting from
precipitation and/or groundwater discharges associated with coal mining activities.  Typically, discharges
are only treated by sedimentation, but in limited circumstances treatment may include chemical treatment
such as the addition of neutralizing agents or flocculants.
There are 7 outfalls associated with this permit. Of all total outfalls, 7 were previously approved, and of
all previously approved outfalls, 7 have been constructed. The constructed outfalls are 001, 002, 003, 004,
005, 008, and 012. Outfall 001 has historically discharged 100.0% of the time with an estimated flow of
101.8 GPM over 72 measurements. Outfall 002 has historically discharged 98.6% of the time with an
estimated flow of 64.9 GPM over 72 measurements. Outfall 003 has historically discharged 100.0% of
the time with an estimated flow of 424.1 GPM over 73 measurements. Outfall 004 has historically
discharged 100.0% of the time with an estimated flow of 157.0 GPM over 72 measurements. Outfall 005
has historically discharged 51.4% of the time with an estimated flow of 2.6 GPM over 72 measurements.
Outfall 008 has historically discharged 51.4% of the time with an estimated flow of 4.5 GPM over 72
measurements. Outfall 012 has historically discharged 83.3% of the time with an estimated flow of 6.9
GPM over 72 measurements.
Proposed Discharges
There are no outfalls added by revision. There are no outfalls deleted by this revision.
The following tables present details for each proposed and/or existing outfall. Specific information,
including location, regarding each outfall and facility is also found in Section 5, Section 12, and Section
21 of the CSMO/NPDES permit.

Permit or Proposed Permit Area Questions

‘Check all that apply:
1] A. The area contains a publicly owned treatment works which discharge into the waters
of the United States.
|B. The facility treats, stores, or disposes of hazardous wastes.
(1 C. Fluids are injected at this facility which are: (1) brought to the surface in connection
with conventional oil or natural gas production; (2) used for the enhanced recovery of
oil or natural gas; or (3) for storage of liquid hydrocarbons.

D. The area contains a concentrated animal feeding operation or aquatic animal
production facility that discharges into the waters of the United States.

1/E. This facility will inject industrial effluent below the lower most stratum containing,
within 1 quarter mile of the well bore, underground sources of drinking water.

NPDES Outfall Description:

Sediment control structures and the associated NPDES outfalls for surface coal mining operations
primarily receive precipitation runoff from mined areas and treat the runoff by settling sediment particles
prior to discharge to the receiving stream, Precipitation runoff from mined areas also dissolves portions of
exposed fresh rock and carries the associated ions in solution, These ions may not be reduced in the
sedimentation process prior to discharge. Certain dissolved ions or the combined concentration of these
ions may cause benthic impairment depending on their makeup and/or abundance.
NPDES discharges associated with this permit are from the control of surface water runoff resulting from
precipitation and/or groundwater discharges associated with coal mining activities. Typically, discharges
are only treated by sedimentation, but in limited circumstances treatment may include chemical treatment
such as the addition of neutralizing agents or flocculants,
There are 7 outfalls associated with this permit, Of all total outfalls, 7 were previously approved, and of
all previously approved outfalls, 7 have been constructed. The constructed outfalls are 001, 002, 003, 004,
005, 008, and 012. Outfall 001 has historically discharged 100.0% of the time with an estimated flow of
101.8 GPM over 72 measurements, Outfall 002 has historically discharged 98.6% of the time with an
estimated flow of 64.9 GPM over 72 measurements. Outfall 003 has historically discharged 100.0% of
the time with an estimated flow of 424.1 GPM over 73 measurements. Outfall 004 has historically
discharged 100.0% of the time with an estimated flow of 157.0 GPM over 72 measurements. Outfall 005
has historically discharged 51.4% of the time with an estimated flow of 2.6 GPM over 72 measurements.
Outfall 008 has historically discharged 51.4% of the time with an estimated flow of 4.5 GPM over 72
measurements, Outfall 012 has historically discharged 83.3% of the time with an estimated flow of 6.9
GPM over 72 measurements.
Proposed Discharges
There are no outfalls added by revision. There are no outfalls deleted by this revision.
The following tables present details for each proposed and/or existing outfall. Specific information,
including location, regarding each outfall and facility is also found in Section 5, Section 12, and Section
21 of the CSMO/NPDES permit.
Page 6 of 26
Page 7 of 26
MPID Number:
3985049
Action:  Sampling Freq/Qtr: 6 Location Number: 008
Elevation: 0.00 Facility Location: Pond
8
Quad: CARBO Northing:
3,527,998.8288
Easting:
10,407,952.1813
Watershed Acres: 0.0 Disturbed Acres: 0.0 Receiving Stream:
DUMPS CREEK
MPID Number:
3985048
Action:  Sampling Freq/Qtr: 6 Location Number: 005
Elevation: 0.00 Facility Location: Pond
3
Quad: CARBO Northing:
3,527,663.6234
Easting:
10,407,698.8958
Watershed Acres: 16.9 Disturbed Acres: 16.9 Receiving Stream:
DUMPS CREEK
MPID Number:
3985046
Action:  Sampling Freq/Qtr: 6 Location Number: 003
Elevation: 0.00 Facility Location: Kiser
Pond
Quad: CARBO Northing:
3,527,415.1555
Easting:
10,403,036.6596
Watershed Acres: 607.8 Disturbed Acres: 386.5 Receiving Stream:
MIDDLE FORK
MPID Number:
3985045
Action:  Sampling Freq/Qtr: 6 Location Number: 002
Elevation: 0.00 Facility Location: Pond
2
Quad: CARBO Northing:
3,528,550.9291
Easting:
10,407,985.4799
Watershed Acres: 22.5 Disturbed Acres: 19.9 Receiving Stream:
DUMPS CREEK
MPID Number:
3985044
Action:  Sampling Freq/Qtr: 6 Location Number: 001
Elevation: 0.00 Facility Location:
5,5A,5C,5D
Quad: CARBO Northing:
3,529,692.7004
Easting:
10,408,253.5450
Watershed Acres: 238.4 Disturbed Acres: 26.8 Receiving Stream:
DUMPS CREEK
MPID Number:
3985047
Action:  Sampling Freq/Qtr: 6 Location Number: 004
Elevation: 0.00 Facility Location: Ponds
4/4C
Quad: CARBO Northing:
3,526,174.1985
Easting:
10,405,126.2246
Watershed Acres: 184.9 Disturbed Acres: 96.0 Receiving Stream:
DUMPS CREEK
MPID Number:
3985052
Action:  Sampling Freq/Qtr: 6 Location Number: 012
Elevation: 0.00 Facility Location: Mine
Disch
Quad: CARBO Northing:
3,534,954.8423
Easting:
10,402,918.1863
Watershed Acres: 0.0 Disturbed Acres: 0.0 Receiving Stream:
DUMPS CREEK
MPID Number: Action: Sampling Freq/Qtr: 6 | Location Number: 008
3985049
Elevation: 0,00 Facility Location: Pond] Quad: CARBO Northing:
8 3,527,998.8288
Easting: Watershed Acres: 0.0 | Disturbed Acres: 0.0 | Receiving Stream:
10,407,952.1813 DUMPS CREEK
MPID Number:
3985048
Sampling Freq/Qtr: 6
Location Number: 005
Elevation: 0.00 Facility Location: Pond | Quad: CARBO Northing:
3 3,527,663.6234
Easting: Watershed Acres: 16.9 | Disturbed Acres: 16.9 | Receiving Stream:
10,407,698.8958 DUMPS CREEK
MPID Number: Action: Sampling Freq/Qtr:6 Location Numbei
3985046
Elevation: 0.00 Facility Location: Kiser ] Quad: CARBO Northing:
Pond 3.527.415.1555
Easting: Watershed Acres: 607.8 | Disturbed Acres: 386.5 | Receiving Stream:
10,403,036.6596 MIDDLE FORK
MPID Numbe Action: ampling Fre
3985045
Elevation: 0.00 Facility Location: Pond | Quad: CARBO Northing:
2 3,528,550.9291
Easting: Watershed Acres: 22.5 | Disturbed Acres: 19.9 | Receiving Stream:
10,407,985.4799 DUMPS CREEK
MPID Numb Action: ‘Sampling Freq/Qtr: 6
3985044
Elevation: 0.00 Facility Location: Quad: CARBO Northing:
5.5A,5C,5D 3,529,692.7004
Easting: Watershed Acres: 2384 | Disturbed Acres: 26.8 | Receiving Stream:
10,408,253.5450 DUMPS CREEK
MPID Numb.
3985047
Sampling Freq/Qtr: 6
Elevation: 0.00 Facility Location: Ponds | Quad: CARBO Northing:
4/4c 3,526,174.1985,
Easting: Watershed Acres: 184.9 | Disturbed Acres: 96.0 _ | Receiving Stream:
10,405,126.2246, DUMPS CREEK
Elevation: 0.00
Action:
Sampling Freq/Qtr: 6
Facility Location: Mine | Quad: CARBO Northing:
Disch 3,534,954.8423
Easting: Watershed Acres: 0.0 | Disturbed Acres: 0.0 | Receiving Stream:
10,402,918.1863 DUMPS CREEK
Page 7 of 26
Page 8 of 26

Instream Monitoring Description:

Instream monitoring requirements and locations are addressed in Sections 5.7, 5.10, and 21.2 of the joint
CSMO/NPDES permit. Location details for each instream monitoring site are tabulated below:
MPID Number:
3920076
Action:  Sampling Freq/Qtr: 3 Location Number:
CM-2
Facility Location:
BELOW
Quad: CARBO Northing:
3,525,587.6197
Easting:
10,405,095.7264
Stream: DUMPS
CREEK
MPID Number:
3920075
Action:  Sampling Freq/Qtr: 3 Location Number:
CM-1
Facility Location:
ABOVE
Quad: CARBO Northing:
3,536,271.6272
Easting:
10,402,304.4754
Stream: DUMPS
CREEK
MPID Number:
0008746
Action:  Sampling Freq/Qtr: 0 Location Number:
BAS-4
Facility Location:
Downstream
Quad: CARBO Northing:
3,520,980.0000
Easting:
10,402,671.0000
Stream: DUMPS
CREEK
MPID Number:
0008745
Action:  Sampling Freq/Qtr: 0 Location Number:
BAS-3
Facility Location:
downstream
Quad: CARBO Northing:
3,525,255.4260
Easting:
10,404,805.9470
Stream: DUMPS
CREEK
MPID Number:
0008744
Action:  Sampling Freq/Qtr: 0 Location Number:
BAS-2
Facility Location:
upstream
Quad: CARBO Northing:
3,534,289.3960
Easting:
10,404,915.6350
Stream: HURRICANE
FORK
MPID Number:
0008743
Action:  Sampling Freq/Qtr: 0 Location Number:
BAS-1
Facility Location:
upstream
Quad: CARBO Northing:
3,535,230.9370
Easting:
10,402,841.0760
Stream: DUMPS
CREEK

Instream Monitoring Description:

Instream monitoring requirements and locations are addressed in Sections 5.7, 5.10, and 21.2 of the joint
CSMO/NPDES permit. Location details for each instream monitoring site are tabulated below:
MPID Number: Action: Sampling Freq/Qtr: 3 | Li
3920076 CN
Facility Location: ‘Quad: CARBO Northing: Easting:
BELOW 3,525,587.6197 10,405,095.7264
Stream: DUMPS
CREEK
MPID Number: Action:
3920075
Facility Location: ‘Quad: CARBO ‘Northing: Easting:
ABOVE 3,536,271.6272 10,402,304.4754
Stream: DUMPS
CREEK
Action: Sampling Freq/Qtr:
Facility Location: ‘Quad: CARBO Eastin;
Downstream 3,520,980.0000 10,402,671.0000
Stream: DUMPS:
CREEK.
Action: mpling Freq/Qtr:
0008745
Facility Location:
downstream
Stream: DUMPS
CREEK
MPID Number: Action:
0008744
Facility Location: ‘Quad: CARBO
upstream 3,534,289,3960 10,404,915,6350
Stream: HURRICANE,
FORK
MPID Number: c Sampling Freq/Qtr:
0008743
Facility Location: ‘Quad: CARBO ‘Northing:
upstream 3,535,230.9370 10,402,841.0760
Stream: DUMPS
CREEK
Page 8 of 26
Page 9 of 26

Ground Water Monitoring:

Ground water monitoring requirements and locations are addressed in Sections 5.3, 5.6, and 21.2
of the joint CSMO/NPDES permit.

Climatological Monitoring Description:

Climatological monitoring requirements and location information are addressed in Sections 5.12
and 21.2 of the joint CSMO/NPDES permit.

Threatened/Endangered Species

For additional information regarding Threatened/Endangered Species, refer to Section 8.7 of the
joint CSMO/NPDES permit application.

Site Inspection:

Site inspections are required under the Surface Mining Control and Reclamation Act (SMCRA)
permit under 4 VAC 25-130-840.11.

Storm Water Discharges Associated with Industrial Activity:

All outfalls from the facility which contain storm water runoff will be subject to the storm water
provisions of the NPDES program as governed by 9 VAC 25-31 et seq.  The Surface Mining
Control and Reclamation Act (SMCRA) permit authorized under 4 VAC 25-130 and issued
jointly with this NPDES permit contains extensive storm water monitoring and management
requirements which are incorporated into this NPDES permit by reference.
The management and control of all storm water discharges not covered under 9 VAC 25-31 et seq
is governed by the storm water management and drainage control provisions proposed in the
SMCRA permit and meet or exceed the Storm Water Pollution Prevention Plan requirements of 9
VAC 25-151-80.

Anti-Degradation Review:

Stream Tier Designation(s):
There are 2 streams designated as affected surface waters for this permit.
Dumps Creek has a designation of Tier I.
Middle Fork has a designation of Tier I.
The State Water Control Board’s Water Quality Standards includes an antidegradation policy (9
VAC 25-260-30).  All state surface waters are provided one of three levels of antidegradation
protection.  For Tier 1 or existing use protection, existing uses of the water body and the water
quality to protect these uses must be maintained.  Tier 2 water bodies have water quality that is
better than the water quality standards.  Significant lowering of the water quality of Tier 2 waters is
not allowed without an evaluation of the economic and social impacts.  Tier 3 water bodies are
exceptional waters and are so designated by regulatory amendment.  The antidegradation policy
prohibits new or expanded discharges into exceptional waters.

Anti-Backsliding:

For permit renewals and(or) permit modifications, the effluent limitations included in the permit
are at least as restrictive as those in the preceding permit.









Ground Water Monitoring:
Ground water monitoring requirements and locations are addressed in Sections 5.3, 5.6, and 21.2
of the joint CSMO/NPDES permit.
Climatological Monitoring Description:
Climatological monitoring requirements and location information are addressed in Sections 5.12
and 21.2 of the joint CSMO/NPDES permit.
‘Threatened/Endangered Species
For additional information regarding Threatened/Endangered Species, refer to Section 8.7 of the
joint CSMO/NPDES permit application.
Site Inspection:
Site inspections are required under the Surface Mining Control and Reclamation Act (SMCRA)
permit under 4 VAC 25-130-840.11.
Storm Water Discharges Associated with Industrial Acti
All outfalls from the facility which contain storm water runoff will be subject to the storm water
provisions of the NPDES program as governed by 9 VAC 25-31 et seq. The Surface Mining
Control and Reclamation Act (SMCRA) permit authorized under 4 VAC 25-130 and issued
jointly with this NPDES permit contains extensive storm water monitoring and management
requirements which are incorporated into this NPDES permit by reference.
The management and control of all storm water discharges not covered under 9 VAC 25-31 et seq
is governed by the storm water management and drainage control provisions proposed in the
SMCRA permit and meet or exceed the Storm Water Pollution Prevention Plan requirements of 9
VAC 25-151-80.
Anti-Degradation Review:
Stream Tier Designation(s):
‘There are 2 streams designated as affected surface waters for this permit.
Dumps Creek has a designation of Tier I
Middle Fork has a designation of Tier I.
‘The State Water Control Board’s Water Quality Standards includes an antidegradation policy (9
VAC 25-260-30)._ All state surface waters are provided one of three levels of antidegradation
protection. For Tier | or existing use protection, existing uses of the water body and the water
quality to protect these uses must be maintained. Tier 2 water bodies have water quality that is
better than the water quality standards. Significant lowering of the water quality of Tier 2 waters is
not allowed without an evaluation of the economic and social impacts. Tier 3 water bodies are
exceptional waters and are so designated by regulatory amendment. The antidegradation policy
prohibits new or expanded discharges into exceptional waters.
Anti-Backsliding:
For permit renewals and(or) permit modifications, the effluent limitations included in the permit
are at least as restrictive as those in the preceding permit.
Page 9 of 26
Page 10 of 26

Permit Conditions:

Refer to the standard conditions and special conditions contained in the joint CSMO/NPDES
permit.
The following special conditions are proposed to be included in Sections C and D of the NPDES
permit:
a. Industrial Reopener.  The permit includes a standard reopener to address potential changes
in the permit which may be required as a result of changes in effluent standards or limitations
promulgated or approved under Section 307(a)(2) of the Clean Water Act.  (Part I.B.1)
[Section C]
Rationale: 40 CFR 122.44 requires all permits for primary industrial categories to include
the requirements of Section 307(a)(2) of the Clean Water Act.
b. Notification Levels:  The permit includes a special condition which requires the permittee to
notify the Department if they discharge certain toxic pollutants above established
concentrations.  [Section C]
Rationale:  Required by VPDES Permit Regulation, 9 VAC 25-31-200 A for all
manufacturing, commercial, mining, and silvicultural dischargers.
c. TMDL Reopener.  The permit includes a standard reopener to address potential changes in
the permit which may be required as a result of a new or revised TMDL. [Section D]
Rationale: Section 303(d) of the Clean Water Act requires that Total Maximum Daily Loads
(TMDLs) be developed for streams listed as impaired. This special condition is to allow the
permit to be reopened if necessary to bring it into compliance with any applicable TMDL
approved for the receiving stream. The reopener recognizes that, according to Section
402(o)(1) of the Clean Water Act, limits and/or conditions may be either more or less
stringent than those contained in this permit. Specifically, they can be relaxed if they are the
result of a TMDL, basin plan, or other waste load allocation prepared under section 303 of
the Act.
It is believed that the joint CSMO/NPDES permit effluent limitations and special conditions
will maintain State water quality standards.

Materials Storage:

See Special Condition (p) 2 of the standard NPDES Permit Conditions in the NPDES Permit,
Section C.

NPDES Permit Rating Worksheet:

The staff has completed the NPDES Permit Rating Worksheet and has determined that the facility
meets the criteria to be classified as a Major Source.  The completed worksheet is included in
Appendix V.
Total Score:  550

Detailed Description - Location of Discharge Point(s)

Reference the mapping included in Section 21.2 of the permit application.




22,
Permit Condi
Refer to the standard conditions and special conditions contained in the joint CSMO/NPDES
permit,
The following special conditions are proposed to be included in Sections C and D of the NPDES
permit:
a. Industrial Reopener. The permit includes a standard reopener to address potential changes
in the permit which may be required as a result of changes in effluent standards or limitations
promulgated or approved under Section 307(a)(2) of the Clean Water Act. (Part I.B.1)
[Section C]
Rationale: 40 CFR 122.44 requires all permits for primary industrial categories to include
the requirements of Section 307(a)(2) of the Clean Water Act.
b. Notification Levels: The permit includes a special condition which requires the permittee to
notify the Department if they discharge certain toxic pollutants above established
concentrations. [Section C]
Rationale: Required by VPDES Permit Regulation, 9 VAC 25-31-20 A for all
manufacturing, commercial, mining, and silvicultural dischargers.
c. TMDL Reopener. The permit includes a standard reopener to address potential changes in
the permit which may be required as a result of a new or revised TMDL. [Section D]
Rationale: Section 303(d) of the Clean Water Act requires that Total Maximum Daily Loads
(TMDLs) be developed for streams listed as impaired. This special condition is to allow the
permit to be reopened if necessary to bring it into compliance with any applicable TMDL
approved for the receiving stream. The reopener recognizes that, according to Section
402(0)(1) of the Clean Water Act, limits and/or conditions may be either more or less
stringent than those contained in this permit. Specifically, they can be relaxed if they are the
result of a TMDL, basin plan, or other waste load allocation prepared under section 303 of
the Act.
It is believed that the joint CSMO/NPDES permit effluent limitations and special conditions
will maintain State water quality standards,
Materials Storage:
See Special Condition (p) 2 of the standard NPDES Permit Conditions in the NPDES Permit,
Section C.
NPDES Permit Rating Worksheet:
‘The staff has completed the NPDES Permit Rating Worksheet and has determined that the facility
meets the criteria to be classified as a Major Source. The completed worksheet is included in
Appendix V.
Total Score: 550
Detailed Description
cation of Discharge Point(s)
Reference the mapping included in Section 21.2 of the permit application.
Page 10 of 26
Page 11 of 26

Public Participation:

Public Notice Information:
Public Notice required.
A copy of the application materials is made available for public inspection and comment at the
designated public office.  A copy of the draft NPDES permit and fact sheet are available for public
inspection and comment at the Division’s Big Stone Gap office.
NPDES Permit Renewal/Modification
Public notice requires publication for 1 week in a newspaper of general circulation. The public
comment period runs 30 days following the date of publication.  Refer to Sections 2.6 and 2.7
of the joint CSMO/NPDES permit.
New Joint Permit, CSMO/NPDES Permit Renewal, or Significant Revision
Public notice requires publication for 4 consecutive weeks in a newspaper of general circulation.
The public comment period runs 30 days following the date of last publication.  Refer to Sections
2.6 and 2.7 of the joint CSMO/NPDES permit.
Public Comment Beginning Date:
3/27/2019 (1st publication, LEBANON NEWS)
Public Comment Ending Date:
5/17/2019 (30 days following last publication, LEBANON NEWS)
Public Comment Information:
Any person whose interests are or may be adversely affected by the proposed operation, or an
Officer, or Head of any Federal, State, or local government agency or authority may within 30
days of the date of fourth publication may submit written comments or objections to the Division
of Mined Land Reclamation concerning the proposed operation (and may also request, in writing,
that the Division hold an Informal Conference concerning the application).
Any relevant comments received during the public comment period or provided during an Informal
Conference are addressed in writing and provided to those who comment.  Comments that were
received after the public comment period were considered during the technical review process.
Procedures for requesting an informal conference:
A request for an informal conference shall follow the requirements of 4 VAC 25-130-773.13© of
the Virginia Coal Surface Mining Reclamation Regulations.
All correspondence concerning the application should be submitted to the Division of Mined
Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia  24219, Telephone: (276)
523-8202 Attn:  Permit Section.  Written comments and a request for informal conference may be
e-mailed to the Division at [email protected]
Procedures for requesting a formal hearing:
mailto:[email protected]
24,
Public Participation:
Public Notice Information:
Public Notice required,
A copy of the application materials is made available for public inspection and comment at the
designated public office. A copy of the draft NPDES permit and fact sheet are available for pul
inspection and comment at the Division’s Big Stone Gap office.
CANPDES Permit Renewal/Modification
Public notice requires publication for 1 week in a newspaper of general circulation, The public
comment period runs 30 days following the date of publication, Refer to Sections 2.6 and 2.7
of the joint CSMO/NPDES permit.
EJ New Joint Permit, CSMO/NPDES Permit Renewal, or Significant Revision
Public notice requires publication for 4 consecutive weeks in a newspaper of general circulation.
The public comment period runs 30 days following the date of last publication. Refer to Sections
2.6 and 2.7 of the joint CSMO/NPDES permit.
Public Comment Beginning Date:
3/27/2019 (Ist pul
jon, LEBANON NEWS)
Public Comment Ending Date:
5/17/2019 (30 days following last publication, LEBANON NEWS)
Public Comment Information:
Any person whose interests are or may be adversely affected by the proposed operation, or an
Officer, or Head of any Federal, State, or local government agency or authority may within 30
days of the date of fourth publication may submit written comments or objections to the Division
of Mined Land Reclamation concerning the proposed operation (and may also request, in writing,
that the Division hold an Informal Conference concerning the application).
Any relevant comments received during the public comment period or provided during an Informal
Conference are addressed in writing and provided to those who comment. Comments that were
received after the public comment period were considered during the technical review process.
Procedures for requesting an informal conference:
A request for an informal conference shall follow the requirements of 4 VAC 25-130-773.13© of
the Virginia Coal Surface Mining Reclamation Regulations.
All correspondence concerning the application should be submitted to the D
Land Reclamation, P.O, Drawer 900, Big Stone Gap, Virginia 24219, Telepho
523-8202 Attn: Permit Section. Written comments and a request for informal conference may be
e-mailed to the Division at dmlrpublicnotice@dmme. virginia.gov
Procedures for requesting a formal hearing:
Page 11 of 26
Page 12 of 26
4VAC25-130-775.11(g)
Administrative review:
Within 30 days after an applicant or permittee is notified of the decision of the division
concerning an application for approval of exploration required under Part 772, a permit for
surface coal mining and reclamation operations, a permit revision, a permit renewal, or a transfer,
assignment, or sale of permit rights, the applicant, permittee, or any person with an interest which
is or may be adversely affected by the decision may request, in writing, a formal public hearing to
contest such action with the Director of the Division of Mined Land Reclamation, Drawer 900,
Big Stone Gap, VA 24219.
Procedures for judicial review:
4VAC25-130-775.13:
Judicial review
(a) General. Any applicant, or any person with an interest which is or may be adversely affected
by the final administrative decision and who has participated in the administrative hearings as an
objector may appeal as provided in subsection (b) of this section if—
(1) The applicant or person is aggrieved by the director or his designee’s final order under
4VAC25-130-775.11; or
(2) Either the division or the director failed to act within time limits specified in 4VAC25-130-
775.11.
(b) Judicial review. The final order of the division pursuant to subsection (a) of 4VAC25-130-
775.11 shall be subject to judicial review as provided by the Virginia Administrative Process Act
and the rules of the Supreme Court of Virginia as promulgated thereto. The availability of such
review shall not be construed to limit the operation of the rights established in Section 520 of the
Federal Act.
© All notices of appeal for judicial review of a hearing officer’s final decision, or the final
decision on review and reconsideration, shall be filed with the Director, Division of Mined Land
Reclamation, Department of Mines, Minerals and Energy, Post Office Drawer 900, Big Stone
Gap, Virginia 24219.

Variances
This permit has applicable waiver variances. The permit standards with waivers and variances are

as follows:
Approximate Original Contour (4 VAC 25-130-784.14 & 4 VAC 25-130-785.16)
OTHER
Within 500 feet of known abandoned underground mine works (4 VAC 25-130-816)

Staff Comments

Staff comments and applicant responses are located in Section 21.3 of the joint CSMO/NPDES
permit.

Impaired Segments/TMDL Watersheds

TMDL Wasteload Evaluation:
Aggregate/transient mining wasteloads for each TMDL watershed and stressor are calculated on a
quarterly basis by the DMLR staff using reported monitoring data (including measurements taken
when utilizing applicable AELs) .These wasteload evaluations include each permit’s contribution
to the total TMDL wasteload. If the total TMDL wasteload exceeds the wasteload balance
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC25-130-775.11
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC25-130-775.11
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC25-130-775.11
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC25-130-775.11
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC25-130-775.11
25.




4VAC25-130-775.11(g)
Administrative review:
Within 30 days after an applicant or permittee is notified of the decision of the division
concerning an application for approval of exploration required under Part 772, a permit for
surface coal mining and reclamation operations, a permit revision, a permit renewal, or a transfer,
assignment, or sale of permit rights, the applicant, permittee, or any person with an interest which
s or may be adversely affected by the decision may request, in writing, a formal public hearing to
contest such action with the Director of the Division of Mined Land Reclamation, Drawer 900,
Big Stone Gap, VA 24219.
Procedures for judicial revie
4VAC25-130-775.13
Judicial review
(a) General. Any applicant, or any person with an interest which is or may be adversely affected
by the final administrative decision and who has participated in the administrative hearings as an
objector may appeal as provided in subsection (b) of this section if —
(1) The applicant or person is aggrieved by the director or his designee’s final order under
4VAC25-130-775.11; or
(2) Either the division or the director failed to act within time limits specified in 4VAC25-130-
T7511
(b) Judicial review. The final order of the division pursuant to subsection (a) of 4VAC25-130-
775.11 shall be subject to judicial review as provided by the Virginia Administrative Process Act
and the rules of the Supreme Court of Virginia as promulgated thereto. The availability of such
review shall not be construed to limit the operation of the rights established in Section 520 of the
Federal Act.
© All notices of appeal for judicial review of a hearing officer’s final decision, or the final
decision on review and reconsideration, shall be filed with the Director, Division of Mined Land
Reclamation, Department of Mines, Minerals and Energy, Post Office Drawer 900, Big Stone
Gap, Virginia 24219.
Variances
This permit has applic:
as follows:
Approximate Original Contour (4 VAC 25-130-784.14 & 4 VAC 25-130-785.16)
OTHER
Within 500 feet of known abandoned underground mine works (4 VAC 25-130-816)
le waiver variances, The permit standards with waivers and va
ices are
Staff Comments
Staff comments and applicant responses are located in Section 21.3 of the joint CSMO/NPDES.
permit.
Impaired Segments/TMDL Watersheds
TMDL Wasteload Evaluation:
Aggregate/transient mining wasteloads for each TMDL watershed and stressor are calculated on a
quarterly basis by the DMLR staff using reported monitoring data (including measurements taken
when utilizing applicable AELs) .These wasteload evaluations include each permit’s contr
to the total TMDL wasteload. If the total TMDL wasteload exceeds the wasteload balance
Page 12 of 26
Page 13 of 26
provided in the approved TMDL document, individual wasteload reductions for each permit are
also calculated.
Wasteload evaluations for TMDL watersheds applicable to this permit are summarized in this
factsheet. Full wasteload evaluation documents are posted on the web at:
https://www.dmme.virginia.gov/DMLR/TMDLWasteLoadEvaluation.shtml.
TMDL Summary for Permit 1302253 / 0082253:
There is 1 TMDL area which contains a wasteload allocation for active coal mining facilities
affected by the outfalls of this permit - Dumps Creek. The outfalls 001, 002, 003, 004, 005, 008,
and 012 on this permit are previously approved to discharge into the Dumps Creek Watershed.
There are no proposed discharges to the Dumps Creek Watershed for this application.
Dumps Creek TDS TMDL Summary
Dumps Creek TDS Wasteload Evaluation Summary for Q2 2018
7/1/2017 to 6/30/2018
Watershed Wasteload Allocation for Mining Operations (kg/year): 1,631,575.00
Current Watershed Wasteload from Mining Operations (kg/year): 707,762.52
Mining Wasteload Balance (kg/year): 923,812.48
Permit Wasteload (kg/year): 547,389.35
Permit Wasteload Reduction Target  (kg/year): 0.00
Est. Wasteload Change Due to this Application (kg/year): 0.00
Permit Offset Required (kg/year): 0.00
Based on the Dumps Creek TDS wasteload evaluation from 7/1/2017 to 6/30/2018, the
aggregate/transient mining wasteload does not exceed the wasteload allocation. Therefore, the
associated NPDES permit does not require the permittee to implement BMPs and/or offsets to
reduce future TDS wasteloads in the Dumps Creek watershed.
There is no proposed wasteload change due to this application revision. Therefore, an offset is not
required.
Dumps Creek TSS TMDL Summary
Dumps Creek TSS Wasteload Evaluation Summary for Q2 2018
7/1/2017 to 6/30/2018
Watershed Wasteload Allocation for Mining Operations (kg/year): 316,523.00
Current Watershed Wasteload from Mining Operations (kg/year): 24,573.44
Mining Wasteload Balance (kg/year): 291,949.56
Permit Wasteload (kg/year): 21,004.45
Permit Wasteload Reduction Target  (kg/year): 0.00
Est. Wasteload Change Due to this Application (kg/year): 0.00
Permit Offset Required (kg/year): 0.00
Based on the Dumps Creek TSS wasteload evaluation from 7/1/2017 to 6/30/2018, the
aggregate/transient mining wasteload does not exceed the wasteload allocation. Therefore, the
associated NPDES permit does not require the permittee to implement BMPs and/or offsets to
reduce future TSS wasteloads in the Dumps Creek watershed.
https://www.dmme.virginia.gov/DMLR/TMDLWasteLoadEvaluation.shtml
provided in the approved TMDL document, individual wasteload reductions for each permit are
also calculated.
Wasteload evaluations for TMDL watersheds applicable to this permit are summarized in
factsheet. Full wasteload evaluation documents are posted on the web at:
https://www.dmme.virginia.gov/DMLR/TMDL WasteLoadE valuation. shtml.
TMDL Summary for Permit 1302253 / 0082253:
There is 1 TMDL area which contains a wasteload allocation for active coal mining facilities
affected by the outfalls of this permit - Dumps Creek. The outfalls 001, 002, 003, 004, 005, 008,
and 012 on this permit are previously approved to discharge into the Dumps Creek Watershed.
There are no proposed discharges to the Dumps Creek Watershed for this application.
Dumps Creek TDS TMDL Summary
Dumps Creek TDS Wasteload Evaluation Summary for Q2 2018
1017 to 6/30/2018
Watershed Wasteload Allocation for Mining Operations (kg/year): | 1,631,575.00
Current Watershed Wasteload from Mining Operations (kg/year): 707,762.52
Mining Wasteload Balance (kg/year): 923,812.48
Permit Wasteload (kg/year): 347,389.35
Permit Wasteload Reduction Target (kg/year): 0.00
Est. Wasteload Change Due to this Application (kg/year): 0.00
Permit Offset Required (kg/year): 0.00
Based on the Dumps Creek TDS wasteload evaluation from 7/1/2017 to 6/30/2018, the
aggregate/transient mining wasteload does not exceed the wasteload allocation. Therefore, the
associated NPDES permit does not require the permittee to implement BMPs and/or offsets to
reduce future TDS wasteloads in the Dumps Creek watershed.
There is no proposed wasteload change due to this application revision. Therefore, an offset is not
required.
Dumps Creek TSS TMDL Summary
Dumps
Watershed Wasteload Allocation for Mining Operations (kg/year): | 316,523.00
Current Watershed Wasteload from Mining Operations (kg/yean 24,573.44
Mining Wasteload Balance (kg/year): 291,949.56
Permit Wasteload (ky/year): 21,004.45
Permit Wasteload Reduction Target (kg/year): 0.00
Est. Wasteload Change Due to this Application (kg/year): 0.00
Permit Offset Required (kg/year): 0.00
Based on the Dumps Creek TSS wasteload evaluation from 7/1/2017 to 6/30/2018, the
aggregate/transient mining wasteload does not exceed the wasteload allocation. Therefore, the
associated NPDES permit does not require the permittee to implement BMPs and/or offsets to
reduce future TSS wasteloads in the Dumps Creek watershed.
Page 13 of 26
Page 14 of 26
There is no proposed wasteload change due to this application revision. Therefore, an offset is not
required.
TMDL Offset Tracking and Evaluation
If an offset is required, the Department will track approved offset balances for this permit
utilizing the Department’s TMDL system. If the permit is required to have a mining waste load
offset in order to discharge, then the following requirements will also be applied.

Permit compliance will be determined by comparing the rolling annualized aggregate

mining waste load to the offset limitations. The permit will not be allowed to exceed the
mining waste load offset amount credited to this permit except as described below:
a.  Provided excess mining waste load is available when the aggregate watershed
mining waste load is compared to the TMDL mining waste load allocation, the
excess may be applied to the permitted waste load for that particular quarter.
b.  On the condition of the rolling annualized aggregate waste load exceeding the
offset limitation, then the permittee may request that additional available offset
credit be applied to the permit.

If no excess mining waste load is available and no existing offset credit is available, then

the excess mining waste load amount from this permit must have an additional offset.
The additional offset must be reviewed and approved by the Department.
Future Growth
The Department will track the future growth balance for TMDL watersheds. The future growth allocation
will be managed in a manner similar to an offset where new applications will draw from future growth if
mining waste load is not available for the watershed. If the future growth is utilized as well as the mining
waste load for the watershed, the permit will be required to have a mining waste load offset in order to
discharge.
PCBs
The permit is not expected to have a direct effect within the Levisa River watershed; therefore, PCB
monitoring is not mandated for the permit.
There is no proposed wasteload change due to this application revision, Therefore, an offset is not
required.
TMDL Offset Tracking and Evaluation
If an offset is required, the Department will track approved offset balances for this permit
utilizing the Department’s TMDL system. If the permit is required to have a mining waste load
offset in order to discharge, then the following requirements will also be applied.
Future Growth
Permit compliance will be determined by comparing the rolling annualized aggregate
mining waste load to the offset limitations. The permit will not be allowed to exceed the
ing waste load offset amount credited to this permit except as described below:
a, Provided excess mining waste load is available when the aggregate watershed
mining waste load is compared to the TMDL mining waste load allocation, the
excess may be applied to the permitted waste load for that particular quarter.
b. On the condition of the rolling annualized aggregate waste load exceeding the
offset limitation, then the permittee may request that additional available offset
credit be applied to the permit.
If no excess mining waste load is available and no existing offset credit is available, then
the excess mining waste load amount from this permit must have an additional offset.
The additional offset must be reviewed and approved by the Department.
The Department will track the future growth balance for TMDL watersheds. The future growth allocation
will be managed in a manner similar to an offset where new applications will draw from future growth if
mining waste load is not available for the watershed. If the future growth is utilized as well as the mi
1g
waste load for the watershed, the permit will be required to have a mining waste load offset in order to
discharge
PCBs
The permit is not expected to have a direct effect within the Levisa River watershed; therefore, PCB
monitoring is not mandated for the permit.
Page 14 of 26
Page 15 of 26
List of Appendices


Appendix I:  Representative Sampling/Effluent Screening


Appendix II: Evaluation of Effluent Limitations


Appendix III: Reasonable Potential Analysis


Appendix IV: Evaluation of Alternate Effluent Limitations- Remining


Appendix V: NPDES Major/Minor Permit Rating Worksheet


Appendix VI: TMDL Wasteload Change Estimations


List of Appendices
Appendix I: Representative Sampling/Effluent Screening,
‘Appendix II: Evaluation of Effluent Limitations
Appendix III: Reasonable Potential Analysis,
Appendix IV: Evaluation of Alternate Effluent Limitations- Remining
Appendix V: NPDES Major/Minor Permit Rating Worksheet
Appendix VI: TMDL Wasteload Change Estimations
awseNe
Page 15 of 26
Page 16 of 26
Appendix I. Representative Sampling/Effluent Screening:
Representative Sampling
Typical surface mine discharges can be divided into three categories based on the area controlled and
whether the outfall is expected to discharge continuously, intermittently, or rarely/never.
Discharges within each of the three categories are located in the same geological strata and receive
precipitation runoff from the same sources. Due to the similarities between discharges within each
classification, DMME is allowing representative sampling from one outfall of each class with the
exception of outfalls expected to rarely/never discharge, which require no representative sampling. Initial
permit conditions will be imposed based on the representative data. Permit limits will be modified as
appropriate at renewal once discharge data is collected from the outfall when constructed. If any outfalls
begin to have frequent discharges then representative sampling will be required and any necessary permit
limits will be developed. If the representative outfall is not constructed first or is not the first outfall of the
type represented to discharge, the first discharging outfall should be utilized.
The representative outfall for this operation is 003.
Effluent Screening
WET Assays – Effluent
WET assays are utilized as a screening tool to determine if a reasonable potential for effluent toxicity
exists. Acute and/or chronic bioassays as appropriate will be utilized to measure whole effluent toxicity in
discharge samples for four consecutive quarters. Effluents demonstrating toxicity will receive appropriate
WET limits for the discharge. Discharges not exhibiting toxicity will not receive WET limits and will
only be required to submit additional WET tests at renewal and/or mid-term. Characterization will be
conducted by a qualified laboratory per DEQ protocol. WET assays will utilize standard WET testing
organisms and toxicity will be determined utilizing the results from such testing.
Acute and chronic WET testing is required at outfall 003. One quarter of WET testing data for outfall 003
(MPID 3985046) was provided in Renewal Application 1010632 (report date 07/24/2019).  The applicant
is required to collect the three remaining quarters of WET testing data for Application 1010632.
Additional WET testing will be required if the permittee chooses to renew the permit for a subsequent
permit term.  Additional WET testing may also be required if the permit is revised or if a substantive
change to the nature of the effluent occurs.
Chemical Analyses – Effluent
The permit requires sampling for the parameters in Table 1 within 6 months of commencing the permitted
activity and at renewal for each representative outfall, and in receiving streams. If any outfalls begin to
have frequent discharges then representative sampling will be required and any necessary permit limits will
be developed. If the representative outfall is not constructed first or is not the first outfall of the type
represented to discharge, the first discharging outfall should be utilized This chemical effluent screening
data will be utilized for the RP and appropriate numerical limits will be applied if necessary. These
parameters will be compared to instream baseline data and numerical water quality standards to determine
whether numerical limits and/or mixing zones are required. The chemical analyses for effluent screening
are in addition to the currently required bi-weekly sampling required for NPDES monitoring compliance
purposes.
Outfall 003 is designated as the representative outfall for effluent screening. Effluent characterization data
for outfall 003 (MPID 3985046) was provided in Renewal Application 1010632 (sample date
03/25/2019).  The effluent characterization requirement for Application 1010632 has been satisfied.
Appendix I, Representative Sampling/Effluent Sereening:
Representative Sampling
Typical surface mine discharges can be divided into three categories based on the area controlled and
whether the outfall is expected to discharge continuously, intermittently, or rarely/never.
Discharges within each of the three categories are located in the same geological strata and receive
precipitation runoff from the same sources. Due to the similarities between discharges within each
classification, DMME is allowing representative sampling from one outfall of each class with the
exception of outfalls expected to rarely/never discharge, which require no representative sampling. Ini
permit conditions will be imposed based on the representative data. Permit limits will be modified as
appropriate at renewal once discharge data is collected from the outfall when constructed. If any outfalls
begin to have frequent discharges then representative sampling will be required and any necessary permit
limits will be developed. If the representative outfall is not constructed first or is not the first outfall of the
type represented to discharge, the first discharging outfall should be utilized.
The representative outfall for this operation is 003.
Effluent Screet
ig
WET Assays ~ Effluent
WET assays are utilized as a screening tool to determine if a reasonable potential for effluent toxicity
exists. Acute and/or chronic bioassays as appropriate will be utilized to measure whole effluent toxicity in
discharge samples for four consecutive quarters. Effluents demonstrating toxicity will receive appropriate
WET limits for the discharge. Discharges not exhibiting toxicity will not receive WET limits and will
only be required to submit additional WET tests at renewal and/or mid-term, Characterization will be
conducted by a qualified laboratory per DEQ protocol. WET assays will utilize standard WET testing
organisms and toxicity will be determined utilizing the results from such testing,
Acute and chronic WET testing is required at outfall 003. One quarter of WET testing data for outfall 003
(MPID 3985046) was provided in Renewal Application 1010632 (report date 07/24/2019). The applicant
is required to collect the three remaining quarters of WET testing data for Application 1010632.
Additional WET testing will be required if the permittee chooses to renew the permit for a subsequent
permit term. Additional WET testing may also be required if the permit is revised or if a substantive
change to the nature of the effluent occurs.
Chemical Analy: ffluent
The permit requires sampling for the parameters in Table 1 6 months of commencing the permitted
activity and at renewal for each representative outfall, and in receiving streams. If any outfalls begin to
have frequent discharges then representative sampling will be required and any necessary permit limits will
be developed. If the representative outfall is not constructed first or is not the first outfall of the type
represented to discharge, the first discharging outfall should be utilized This chemical effluent screening
data will be utilized for the RP and appropriate numerical limits will be applied if necessary. These
parameters will be compared to instream baseline data and numerical water quality standards to determine
whether numerical limits and/or mixing zones are required. The chemical analyses for effluent screening
are in addition to the currently required bi-weekly sampling required for NPDES monitoring compliance
purposes.
‘Outfall 003 is designated as the representative outfall for effluent screening. Effluent characterization data
for outfall 003 (MPID 3985046) was provided in Renewal Application 1010632 (sample date
03/25/2019). The effluent characterization requirement for Application 1010632 has been satisfied,
Page 16 of 26
Page 17 of 26
Additional effluent characterization will be required if the permittee chooses to renew the permit for a
subsequent permit term.  Additional effluent characterization may also be required if the permit is revised
or if a substantive change to the nature of the effluent occurs.
Additional effluent characterization will be required if the permittee chooses to renew the permit for a
subsequent permit term, Additional effluent characterization may also be required if the permit is revised
or if a substantive change to the nature of the effluent occurs.
Page 17 of 26
Page 18 of 26
TABLE 1 - Parameters
Parameter
Flow (gpm)
Temperature (oC)
pH (std units)
TSS (mg/L)
Specific Conductance (uS/cm)
TDS (mg/L)
Sulfates (mg/L)
Bromide (mg/L)
Chlorides (mg/L)
Aluminum (mg/L)
Iron (mg/L)
Manganese (mg/L)
Magnesium (mg/L)
Total Acidity (mg/L)
Total Alkalinity (mg/L CaCO3)
Bicarbonate Alkalinity (mg/L)
Carbonate Alkalinity (mg/L)
Hardness (mg/L CaCO3)
Total Zinc (µg/L)
Total Antimony (µg/L)
Total Arsenic (µg/L)
Total Beryllium (µg/L)
Total Cadmium (µg/L)
Total Chromium (µg/L)
Total Copper (µg/L)
Total Lead (µg/L
Total Mercury (µg/L)
Total Nickel (µg/L)
Total Selenium (µg/L)
Total Silver (µg/L)
Total Thallium (µg/L)
Total Barium (µg/L)
Total Boron (µg/L)
Total Cobalt (µg/L)
Total Cyanide (µg/L)
Total Phenols (µg/L)
Nitrate (mg/L)
Nitrite (mg/L)
Dissolved Organic Carbon (mg/L)
Hydrogen Sulfide (mg/L)1
1  This parameter need only be analyzed for underground mine discharges.
TABLE 1 - Parameters
Parameter
Flow (gpm)
‘Temperature (°C)
pH (std units)
TSS (mg/L)
Specific Conductance (uS/em)
TDS (mg/L)
Sulfates (mg/L)
Bromide (mg/L)
Chlorides (mg/L)
Aluminum (mg/L)
Iron (mg/L)
Manganese (mg/L)
Magnesium (mg/L)
Total Acidity (mg/L)
Total Alkalinity (mg/L CaCO3)
Bicarbonate Aikalinity (mg/L)
Carbonate Alkalinity (mg/L)
Hardness (mg/L CaCO3)
Total Zinc (ug/L)
Total Antimony (j1g/L)
Total Arsenic (hg/L)
Total Beryllium (g/L)
Total Cadmium (ug/L)
Total Chromium (ug/L)
Total Copper (j1g/L)
Total Lead (ug/L.
Total Mercury (ug/L)
Total Nickel (ug/L)
Total Selenium (ug/L)
Total Silver (i1g/L)
Total Thallium (ug/L)
Total Barium (ug/L)
Total Boron (ug/L)
Total Cobalt (g/L)
‘Total Cyanide (ug/L)
Total Phenols (j1w/L)
Nitrate (mg/L)
Nitrite (mg/L)
Dissolved Organic Carbon (mg/L)
Hydrogen Sulfide (mg/L)!
’ ‘This parameter need only be analyzed for underground mine discharges.
Page 18 of 26
Page 19 of 26
Appendix II: Evaluation of Effluent Limitations
Sediment control structures and the associated NPDES outfalls for surface coal mining operations
primarily receive precipitation runoff from mined areas and discharge in response to precipitation events.
Technology-based effluent limitations per 40 CFR 434 apply.
‘valuation of Effluent Limitations
Appendix
Sediment control structures and the associated NPDES outfalls for surface coal mining operations
primarily receive precipitation runoff from mined areas and discharge in response to precipitation events.
Technology-based effluent limitations per 40 CFR 434 apply.
Page 19 of 26
Page 20 of 26
Appendix III: Reasonable Potential Analysis
DMLR must perform a Reasonable Potential Analysis (RPA) (9VAC 25-31-220 D.1) for each proposed
discharge in determining which permit conditions are needed for a new or expanded discharge permit.
This analysis is based primarily on the potential for the permit’s sediment control structures to discharge
and upon the nature of the discharge, whether or not dilution is available in the receiving streams, mining
practices, including the geology, drainage area, etc. DMLR may utilize applicable WET screening data,
effluent chemical monitoring data, instream chemical data, and instream biological survey data in
conducting the RPA.  As part of any RPA, DMLR will consider whether or not there are representative
discharges that can be used to determine the RP for a given outfall.  In TMDL watersheds, DMLR will
consider whether discharges will comply with the TMDL as a portion of the RPA.
In summary, Virginia’s approach will include some or all of these measures to address the potential
impact of mining discharges and to address Virginia’s Narrative Water Quality Standards.


The potential for discharge,  including both flow rate and duration


Chemical characterization of discharges and receiving streams


Instream biologic characterization including benthic surveys, fish surveys, chemical water quality


analyses, and habitat surveys to address effects on sensitive species

WET assays to determine effluent toxicity when deemed necessary by DMLR

Instream Biological Surveys
Biological Monitoring Plan
Biological surveys are to be completed to determine the benthic health of DUMPS CREEK at locations
BAS-1, BAS-3, and BAS-4 and HURRICANE FORK at location BAS-2 as outlined in the joint
CSMO/NPDES permit. Fall annual biological monitoring at Biological Aquatic Stations BAS-1, BAS-2,
BAS-3, and BAS-4 is required (See Part I Section 8.3 and the applicable map in Part I Section 21.2 in the
DMLR Electronic Permit Application for location information).  The Virginia Stream Condition Index
(VASCI) protocol will be used.   Also, stream habitat scores and chemical data will be collected at these
locations.  All biologic sampling shall be done in accordance with the Virginia Department of Game and
Inland Fisheries scientific collection permit requirements.
Appendix III: Reasonable Potential Analysis
DMLR must perform a Reasonable Potential Analysis (RPA) (9VAC 25-31-220 D.1) for each proposed
discharge in determining which permit conditions are needed for a new or expanded discharge per
This analysis is based primarily on the potential for the permit’s sediment control structures to discharge
and upon the nature of the discharge, whether or not dilution is available in the receiving streams, mining
practices, including the geology, drainage area, ete, DMLR may utilize applicable WET screening data,
effluent chemical monitoring data, instream chemical data, and instream biological survey data in
conducting the RPA. As part of any RPA, DMLR will consider whether or not there are representative
discharges that can be used to determine the RP for a given outfall. In TMDL watersheds, DMLR will
consider whether discharges will comply with the TMDL as a portion of the RPA.
In summary, Virginia’s approach will include some or all of these measures to address the potential
impact of mining discharges and to address Virginia’s Narrative Water Quality Standards.
1, The potential for discharge, including both flow rate and duration


Chemical characterization of discharges and receiving streams


Instream biologic characterization including benthic surveys, fish surveys, chemical water quality
analyses, and habitat surveys to address effects on sensitive species


4, WET assays to determine effluent toxicity when deemed necessary by DMLR
Biological Monitoring Plan [J
Biological surveys are to be completed to detern the benthic health of DUMPS CREEK at locations
BAS-1, BAS-3, and BAS-4 and HURRICANE FORK at location BAS-2 as outlined in the joint
CSMO/NPDES permit. Fall annual biological monitoring at Biological Aquatic Stations BAS-1, BAS-2,
BAS-3, and BAS-4 is required (See Part I Section 8.3 and the applicable map in Part I Section 21.2 in the
DMLR Electronic Permit Application for location information). The Virginia Stream Condition Index
(VASCI protocol will be used. Also, stream habitat scores and chemical data will be collected at these
locations. All biologic sampling shall be done in accordance with the Virginia Department of Game and
Inland Fisheries scientific collection permit requirements.
Page 20 of 26
Page 21 of 26
Appendix IV: Evaluation of Alternate Effluent Limitations: Remining
None Requested.
Appendix IV: Evaluation of Alternate Effluent Limitations: Remining
‘None Requested.
Page 21 of 26
Page 22 of 26
Appendix V: NPDES Permit Rating Worksheet
Date: 28 May 2020
DMLR Application No: 1010632
DMLR Permit No: 1302253
VPDES Permit No: 0082253
FACTOR 1 Toxic Pollutant Potential
Determine the Total Toxicity potential:
SICCode
Permit Has
Prep Plant
Total
Toxicity Group
Points
1221  5 25
1221 X 5 25
1222  5 25
1222 X 6 30
Factor 1 Score: 25
FACTOR 2 Flow/Stream Flow Volumes
Coal industry discharges are always Type III
Sum of average discharges for each outfall for permit: 1.15 MGD
         Flow Class   Code   Points 

             < 1 MGD       31            0 

             < 5 MGD       32          10 

             <10 MGD       33          20 

             >10 MGD       34          30 

Factor 2 Score: 10
FACTOR 3 Conventional Pollutants
TSS load for all outfalls on permit
  Flow (gpm):    25.00  

  Concentration (mg/L):  35.00  

  Days:    1  

  Load (lbs/day):   337.23  



 Load Class    Code   Points 

 < 100 lbs/day                         1            0 

 < 1000 lbs/day           2            5 

 <5000 lbs/day           3           15 

 >5000 lbs/day           4           20 

Factor 3 Score: 5
FACTOR 4 Public Health Impact
Is a public drinking water intake located within 50 miles downstream of discharge?
      Answer  Points 

              No            0 

             Yes        See below 

Appendix V: NPDES Permit Rating Worksheet
Date: 28 May 2020
DMLR Application No: 1010632
DMLR Permit No: 1302253
VPDES Permit No: 0082253
FACTOR 1 Toxic Pollutant Potential
Determine the Total Toxicity potential:
Permit Has Total
SICCode “prep Plant Toxicity Group Points
1221 5 25
1221 x 5 25
1222 5 25
1222 x 6 30
Factor 1 Score: 25
FACTOR 2 Flow/Stream Flow Volumes
Coal industry discharges are always Type III
Sum of average discharges for each outfall for permit: 1.15 MGD
Flow Class Code Points
<1MGD 31 0
<5MGD 32 10
<10 MGD 33 20

10 MGD 34 30
Factor 2 Score: 10
FACTOR 3 Conventional Pollutants
TSS load for all outfalls on permit
Flow (gpm): 25.00
Concentration (mg/L): 35.00
Days: 1
Load (Ibs/day): 337.23,
Load Class Code Points
< 100 Ibs/day 1 0
< 1000 Ibs/day 2 5
<5000 Ibsiday 3 15
5000 Ibsiday 4 20
Factor 3 Score: 5
FACTOR 4 Public Health Impact
Is a public drinking water intake located within 50 miles downstream of discharge?
Answer Points
No 0

Yes See below
Page 22 of 26
Page 23 of 26
If yes, determine the human health toxicity potential:
SICCode
Permit Has
Prep Plant
Human Health
Toxicity Group
Points
1221  5 5
1221 X 6 10
1222  5 5
1222 X 6 10
Factor 4 Score: 0
FACTOR 5 Water Quality Factors
A) Is (or will) one or more of the effluent discharge limits based on water quality factors of the receiving
stream (rather than technology-based federal effluent guidelines, or technology-based state effluent
guidelines), or has a waste load allocation been assigned to the discharge?
    Answer Code  Points 

           Yes        1         10 

            No         2           0 

Factor 5a Score: 10
B) Is the receiving water in compliance with applicable water quality standards for pollutants that are
water quality limited in the permit?
    Answer Code  Points 

           Yes        1           0 

            No         2           5 

Factor 5b Score: 0
C) Does the effluent discharged from this facility exhibit the reasonable potential to violate water quality
standards due to whole effluent toxicity?
    Answer Code  Points 

          Yes         1          10 

           No         2            0 

Factor 5c Score: 0
Factor 5 Total Score: 10
Factor 6 Proximity to Near Coastal Waters
Is the permit within 50 miles of near coastal waters?
    Answer   Points 

           Yes            5 

             No            0 

Factor 6 Score: 0
Worksheet Score (factors 1 through 6): 50
If yes, determine the human health toxicity potential:
Permit Has Human Health
SICCode “prep Plant Toxicity Group Points
1221 5 5
1221 x 6 10
1222 5 5
1222 x 6 10
Factor 4 Score: 0
A) Is (or will) one or more of the effluent discharge limits based on water quality factors of the receiving
stream (rather than technology-based federal effluent guidelines, or technology-based state effluent
guidelines), or has a waste load allocation been assigned to the discharge?
Answer Code Points
Yes 1 10
No 2 0
Factor Sa Score: 10
B) Is the receiving water in compliance with applicable water quality standards for pollutants that are
water quality limited in the permit?
Answer Code Points
Yes I 0
No 2 5
Factor Sb Score: 0
©) Does the effluent discharged from this facility exhibit the reasonable potential to violate water quality
standards due to whole effluent toxicity?
Answer Code Points
Yes 1 10
No 2 0
Factor Se Score: 0
Factor 5 Total Score: 10
Factor 6 Proximity to Near Coastal Waters
Is the permit within 50 miles of near coastal waters?
Answer Points
Yes 5
No 0
Factor 6 Score: 0
Worksheet Score (factors 1 through 6): 50
Page 23 of 26
Page 24 of 26
Appendix D (Coal Facility Discretionary Major Weighting Factor Guideline)


Annual Coal Mined or Processed
Tons/year   Points
≥ 1,500,000   4
≥ 500,000 and < 1,500,00 2
< 500,000   0


Factor D1 Score: 0

Coal Origin

Is the coal mined from an acidic seam?
  Answer   Points 
  Yes    5 

  No    0 

Factor D2 Score: 5


Average Discharge Rate
Discharge   Points
≥ 1,500 GPM   5
< 1,500 and ≥ 500 GPM 3 3
< 500 GPM   1


Factor D3 Score: 3


Receiving Stream
Classification   Points
Trout (cold-water fishery) 5
Other high quality  3
Other    0


Factor D4 Score: 0


Average Discharge to TMDL Watershed(s)
TMDL Discharge  Points
≥ 500 GPM   10
< 500 GPM   0


Factor D5 Score: 10
Appendix D Score: 18
Score Summary
If the worksheet score for factors 1 through 6 is less than 80 and the Appendix D score is greater or equal
to 15, add 500 points to worksheet score.
Final Worksheet Score: 550
Major or Minor Source: Major Source

Annual Coal Mined or Processed

Tons/year
= 1,500,000
© 500,000 and < 1,500,00
< 500,000
Factor D1 Score: 0
2) Coal Origin
Is the coal mined from an acidic seam?
Answer
Yes
No
Factor D2 Score: 5
3) Average Discharge Rate
Discharge

1,500 GPM
< 1,500 and > 500 GPM3
< 500 GPM

Factor D3 Score: 3

Receiving Stream
Classification
Trout (cold-water fishery)
Other high quality
Other

Factor D4 Score: 0

Average Discharge to TMDL Watershed(s)
TMDL Discharge
= 500 GPM
< 500 GPM

Factor DS Score: 10
Appendix D Score: 18
Score Summary
If the worksheet score for factors | through 6 is less than 80 and the Appendix D score is greater or equal
to 15, add 500 points to worksheet score.
Final Worksheet Score: 550
jor Source: Major Source
Page 24 of 26
ary Major Weighting Factor Guideline)
Points
Points
Points
5
3
1
Points
5
3
0
Points
10
Page 25 of 26
Appendix VI: TMDL Wasteload Change Estimations
There are no estimated wasteload changes to outfalls in applicable TMDL watersheds for this permit/application.
Appendix VI: TMDL Wasteload Change Estimations
There are no estimated wasteload changes to outfalls in applicable TMDL watersheds for this permit/application.
Page 25 of 26
Page 26 of 26
Appendix VII: TMDL Offset Balances
Appendix VII: TMDL Offset Balances
Page 26 of 26
Application No:
CSMO No: NPDES No:
Approval Date: 4/2/2018
00822531302253
1010280
==============================================================================================
I.   APPLICANT INFORMATION
Name:
Address: 2700 LEE HIGHWAY
RUSSELL COUNTY RECLAMATION, LLC
Location:
Facility: MOSS #3 PREPARATION PLANT
ON DUMPS CREEK NEAR SOUTH
CLINCHFIELDSUITE A
City: BRISTOL State Plane - North: 3532000.0000
State: VA State Plane - East: 10404000.0000Zip: 24202
Telephone:
Operator: KEVIN LARGE
(276)669-7851 Total Acres: 1305.93
Inspector: MCDONALD-TAYLOR, H.
Types of Mining
AF-Prep Plant
AF-Refuse Disp
Re-processing
Surface-Contour
Surf-Auger/HW Miner
County
RUSSELL
Quadrangle
CARBO
II. CONTRACT LABORATORY SERVICES
Laboratory Services will be performed by:
Laboratory Name:
Address: 5730 Industrial Park Rd.
ENV. MONITORING,INC.(EMI)
City: NORTON State: VA Zip: 24273
Telephone: (276)679-6544
Comments:
Receving Stream Code Watershed Wtr # Basin
DUMPS CREEK 524 CLINCH - CLINCH RIVER CL39 TENNESSEE
MIDDLE FORK 529 CLINCH - CLINCH RIVER CL39 TENNESSEE
Original Application
VIRGINIA DEPARTMENT OF MINE MINERALS AND ENERGY
DIVISION OF MINED LAND RECLAMATION
MONITORING POINT DETAIL SUPPLEMENT
RECORD 0002381 / PERMIT  1302253
DMLR.TMPR.08 11:08:47 05-28-20
PAGE: 1
DMLR.TMPR.08 VIRGINIA DEPARTMENT OF MINE MINERALS AND ENERGY 11:08:47 05-28-20
DIVISION OF MINED LAND RECLAMATION PAGE: 1
MONITORING POINT DETAIL SUPPLEMENT
RECORD 0002381 / PERMIT 1302253
Original Application
Application No: 1010280
1302253
Approval Date: 4/2/2018
0082253
|. APPLICANT INFORMATION
MOSS #3 PREPARATION PLANT
Name: RUSSELL COUNTY RECLAMATION, LLC Fac
Address: 2700 LEE HIGHWAY Location: ON DUMPS CREEK NEAR SOUTH
SUITEA CLINCHFIELD
City: BRISTOL State Plane - North: 3532000.0000
State: VA Zip: 24202 State Plane - East: 10404000.0000
Total Acres: 1305.93
Telephone: (276)669-7851
Operator: KEVIN LARGE Inspector: MCDONALD-TAYLOR, H
Types of Mining County| Quadrangle]
AF-Prep Plant RUSSELL| CARBO]
AF-Refuse Disp|
Re-processing
Surface-Contour|
Surf-Auger/HW Miner|
Receving Stream] Code] Watershed] Wr 4 Basin]
DUMPS CREEK 524[ CLINCH - CLINCH RIVER| C139] TENNESSEE
MIDDLE FORK 529| CLINCH - CLINCH RIVER| C139] TENNESSEE
Il. CONTRACT LABORATORY SERVICES
Laboratory Services will be performed by:
Laboratory Name: ENV. MONITORING, INC.(EMI)
Address: 5730 Industrial Park Rd.
City: NORTON
Telephone: (276)679-6544
State: VA Zip: 24273
Comments:
[5/28/2020, dmmeaxh]TJ APPNO 1010632 APPROVED 9/30/2019 AS CSMO/NPDES PERMIT RENEWAL
1302253/0082253, RUSSELL COUNTY RECLAMATION, LLC - MOSS #3 PREPARATION PLANT. NEW
FORMAT NPDES PERMIT WITH OUTFALL 003 (MPID 3985046) AS THE REPRESENTATIVE OUTFALL.
EFFLUENT SCREENING AT 003 WAS PROVIDED IN THE RENEWAL APPLICATION ALONG WITH 1
QUARTER OF ACUTE AND CHRONIC WET TESTING RESULTS. THE PERMITTEE IS REQUIRED TO
COLLECT THE REMAINING THREE QUARTERS OF ACUTE AND CHRONIC WET TESTING DATA.
** LAB: ENV. MONITORING, INC. (EMI)(1) SIGNING DMRS: KEVIN LARGE **
02/07/2019: AA APPNO 1010465 APPROVED 2/5/19 TO AMEND 9.13
ACRES FOR ADDITIONAL MINING AREA AS WELL AS ADD MINING AREA
WITHIN THE EXISTING PERMIT BOUNDARY, TO ADD SURFACE CONTOUR
AND SURFACE AUGER/HIGHWALL MINER AS MINE TYPES, AND TO
CHANGE THE POST MINING LAND USES TO RECREATIONAL ON 352.41
ACRES AND TO INDUSTRIAL MANUFACTURING ON 188.81 ACRES. AXH
06/11/2018: RA APPNO 1010393-3 APPROVED 06/05/2018 AS ACRES
REVISION 1302253/0082253, RUSSELL COUNTY RECLAMATION, LLC -
MOSS #3 PREPARATION PLANT. DELETE GOLDEN POND AML AREA FROM
PERMIT. DELETED AREA INCLUDES 64.88 ACRES OF AML AND NPDES
MONITORING POINT 011 (MPID 3985051). AYB
04/11/2018: SJ APPNO 1010280 APPROVED 4/2/18 AS CSMO/NPDES
PERMIT 1302253/0082253. RUSSELL COUNTY RECLAMATION, LLC -
MOSS #3 PREPARATION PLANT. SUCCESSION TO PERMIT 1302194.
ADD GROUNDWATER MONITORING POINTS UD-13, RS-1, GW-3, GW-4,
& RS-9 (MPID 0002922, 3905038, 3945039, 3945040, & 3955043.
ADD SURFACE WATER IN-STREAM MONITORING POINTS CM-1 & CM-2
(MPID 3920075 & 3920076). ADD BIO/CHEM MONITORING POINTS
BAS-1 THRU BAS-4 (MPID 0008743 THRU 0008746). ADD RAIN
GAUGE (MPID 0000339). ADD NPDES OUTFALLS 001, 002, 008, 011,
012, 003, 004, & 005 (MPID 3985044, 3985045, 3985049,
3985051, 3985052, 3985046, 3985047, & 3985048. AXH
** LAB: ENV. MONITORING, INC. (EMI)(1) SIGNING DMRs: KEVIN
LARGE **
III. NPDES DISCHARGE SITES
MPID Outfall State Plane N Stream Quad Added Limit Stat
Facility State Plane E Name Section Deleted
3985044 001 3529692.700400 524 CARBO 4/2/2018 30-06 A
5,5A,5C,5D 10408253.545000 DUMPS CREEK 2
3985045 002 3528550.929100 524 CARBO 4/2/2018 30-06 A
Pond 2 10407985.479900 DUMPS CREEK 5
3985046 003 3527415.155500 529 CARBO 4/2/2018 30-06 A
Kiser Pond 10403036.659600 MIDDLE FORK 5
3985047 004 3526174.198500 524 CARBO 4/2/2018 30-06 A
Ponds 4/4C 10405126.224600 DUMPS CREEK 5
3985048 005 3527663.623400 524 CARBO 4/2/2018 30-06 A
Pond 3 10407698.895800 DUMPS CREEK 5
3985049 008 3527998.828800 524 CARBO 4/2/2018 30-06 A
Pond 8 10407952.181300 DUMPS CREEK 5
3985051 011 3531408.808800 524 CARBO 4/2/2018 30-06 ND
Pond 7 10407686.772200 DUMPS CREEK 2 6/5/2018
3985052 012 3534954.842300 524 CARBO 4/2/2018 30-03 A
Mine Disch 10402918.186300 DUMPS CREEK 2
IV. GROUNDWATER MONITORING SITES
VIRGINIA DEPARTMENT OF MINE MINERALS AND ENERGY
DIVISION OF MINED LAND RECLAMATION
MONITORING POINT DETAIL SUPPLEMENT
RECORD 0002381 / PERMIT  1302253
DMLR.TMPR.08 11:08:47 05-28-20
PAGE: 2
DMLR.TMPR.08 VIRGINIA DEPARTMENT OF MINE MINERALS AND ENERGY 11:08:47 05-28-20
DIVISION OF MINED LAND RECLAMATION PAGE: 2
MONITORING POINT DETAIL SUPPLEMENT
RECORD 0002381 / PERMIT 1302253
(5/28/2020, dmmeaxh]TJ APPNO 1010632 APPROVED 9/30/2019 AS CSMO/NPDES PERMIT RENEWAL
1302253/0082253, RUSSELL COUNTY RECLAMATION, LLC - MOSS #3 PREPARATION PLANT. NEW
FORMAT NPDES PERMIT WITH OUTFALL 003 (MPID 3985046) AS THE REPRESENTATIVE OUTFALL.
EFFLUENT SCREENING AT 003 WAS PROVIDED IN THE RENEWAL APPLICATION ALONG WITH 1
QUARTER OF ACUTE AND CHRONIC WET TESTING RESULTS. THE PERMITTEE IS REQUIRED TO
COLLECT THE REMAINING THREE QUARTERS OF ACUTE AND CHRONIC WET TESTING DATA.
** LAB: ENV. MONITORING, INC. (EMI)(1) SIGNING DMRS: KEVIN LARGE “*
02/07/2019: AA APPNO 1010465 APPROVED 2/5/19 TO AMEND 9.13
ACRES FOR ADDITIONAL MINING AREA AS WELL AS ADD MINING AREA
WITHIN THE EXISTING PERMIT BOUNDARY, TO ADD SURFACE CONTOUR
AND SURFACE AUGER/HIGHWALL MINER AS MINE TYPES, AND TO
CHANGE THE POST MINING LAND USES TO RECREATIONAL ON 362.41
ACRES AND TO INDUSTRIAL MANUFACTURING ON 188.81 ACRES. AXH
06/11/2018: RA APPNO 1010393-3 APPROVED 06/05/2018 AS ACRES.
REVISION 1302253/0082253, RUSSELL COUNTY RECLAMATION, LLC -
MOSS #3 PREPARATION PLANT. DELETE GOLDEN POND AML AREA FROM
PERMIT. DELETED AREA INCLUDES 64.88 ACRES OF AML AND NPDES.
MONITORING POINT 011 (MPID 3985051). AYB
04/11/2018: SJ APPNO 1010280 APPROVED 4/2/18 AS CSMO/NPDES
PERMIT 1302253/0082253. RUSSELL COUNTY RECLAMATION, LLC -
MOSS #3 PREPARATION PLANT. SUCCESSION TO PERMIT 1302194.
ADD GROUNDWATER MONITORING POINTS UD-13, RS-1, GW-3, GW-4,
& RS-9 (MPID 0002922, 3905038, 3945039, 3945040, & 3955043.
ADD SURFACE WATER IN-STREAM MONITORING POINTS CM-1 & CM-2
(MPID 3920075 & 3920076). ADD BIO/CHEM MONITORING POINTS.
BAS-1 THRU BAS-4 (MPID 0008743 THRU 0008746). ADD RAIN
GAUGE (MPID 0000339). ADD NPDES OUTFALLS 001, 002, 008, 011,
012, 003, 004, & 005 (MPID 3985044, 3985045, 3985049,
3985051, 3985052, 3985046, 3985047, & 3985048. AXH
** LAB: ENV. MONITORING, INC. (EMI)(1) SIGNING DMRs: KEVIN
LARGE *
lll. NPDES DISCHARGE SITES
MPID Outfall] State Plane N] ‘Stream| Quad] Added| —Limit| Stat]
Facility| State Plane E Name| Section| Deleted}
3985044] 001] 3529692.700400) 524) CARBO] 4/2/2078 30-06 A
5,5A,5C,5D] 10408253.545000| __ DUMPS CREEK 2
3985045} 002] 3528550.929700 524] CARBO| 4/2/2078] 30-06 Al
Pond 2| 10407985.479900] DUMPS CREEK| 5
3085046} 003) 3527415, 155500 529] CARBO| 4/2/2078 30-06 A
Kiser Pond] 10403036.659600| MIDDLE FORK| 5
3985047] 004] 3526174. 198500 524] CARBO| 4/2/2078 30-06 Al
Ponds 4/4C| 10405126.224600| DUMPS CREEK 5
3085048} 005] 3527663.623400 524] CARBO| 4/2/2078 30-06 A
Pond 3] 10407698.895800] __ DUMPS CREEK| 5
3985049} 008] 3527998.828800 524] CARBO| 4/2/2078 30-06 Al
Pond 8| 10407952.181300] DUMPS CREEK| 5
3085051 O17] 3537408.808800 524] CARBO| _4/2/2078| 30-06] ND]
Pond 7| 10407686.772200] __ DUMPS CREEK| 2| 6/5/2018}
3985052| O12] 3534954.842300 524] CARBO| 4/2/2078 30-03 Al
Mine Disch] 10402918.186300] DUMPS CREEK| 2
IV. GROUNDWATER MONITORING SITES.
MPID Outfall State Plane N Elevation Quad Added Stat
Facility State Plane E Type Section Deleted
0002922 UD-13 3530959.267200 1605.00 CARBO 4/2/2018 A
30 ACRE PD 10406434.857100 UNDERDRAIN 2
3905038 RS-1 3529784.566600 1650.00 CARBO 4/2/2018 A
10402389.633400 UNDERDRAIN 5
3945039 GW-3 3531552.897900 1520.00 CARBO 4/2/2018 A
10407359.762600 WELL 2
3945040 GW-4 3526011.753300 1560.00 CARBO 4/2/2018 A
10404757.352800 WELL 5
3955043 RS-9 3527071.083800 1550.00 CARBO 4/2/2018 A
10405216.785600 UNDERDRAIN 5
MPID Outfall State Plane N Stream Quad Added Stat
Mp Is No Facility State Plane E Name Section Deleted
0008743 BAS-1 3535230.937000 524 CARBO 4/2/2018 A
upstream 10402841.076000 DUMPS CREEK
0008744 BAS-2 3534289.396000 531 CARBO 4/2/2018 A
upstream 10404915.635000 HURRICANE FORK
0008745 BAS-3 3525255.426000 524 CARBO 4/2/2018 A
downstream 10404805.947000 DUMPS CREEK
0008746 BAS-4 3520980.000000 524 CARBO 4/2/2018 A
Downstream 10402671.000000 DUMPS CREEK
3920075 CM-1 3536271.627200 524 CARBO 4/2/2018 A
ABOVE 10402304.475400 DUMPS CREEK 2
3920076 CM-2 3525587.619700 524 CARBO 4/2/2018 A
BELOW 10405095.726400 DUMPS CREEK 8
V. IN-STREAM MONITORING SITES
MPID Facility State Plane N State Plane E Added Deleted Stat
0000339 MOSS #3 3531990.288000 10407546.443000 4/2/2018 A
VI. RAINFALL MONITORING SITES
VIRGINIA DEPARTMENT OF MINE MINERALS AND ENERGY
DIVISION OF MINED LAND RECLAMATION
MONITORING POINT DETAIL SUPPLEMENT
RECORD 0002381 / PERMIT  1302253
DMLR.TMPR.08 11:08:47 05-28-20
PAGE: 3
DMLR.TMPR.08
VIRGINIA DEPARTMENT OF MINE MINERALS AND ENERGY
11:08:47 05-28-20
DIVISION OF MINED LAND RECLAMATION PAGE: 3
MONITORING POINT DETAIL SUPPLEMENT
RECORD 0002381 / PERMIT 1302253
MPID State Plane N Elevation] Quad] Added] Stat]
Facility] _ State Plane E| Type| Section] Deleted|
0002922} UD-13] 3530959.267200 7605.00) CARBO| 4/2/2078] Al
30 ACRE PD} 10406434.857 100] UNDERDRAIN, 2|
3005038} RS-1] 3520784,566600 7650.00} CARBO| 4/2/2078} A
10402389.633400 UNDERDRAIN, 5|
3945039} GW-3| 3531552.697900| 7520.00) CARBO| __4/2/2078| Al
10407359.762600 WELL| 2|
3945040} GW-4] 352601 1.753300] 7560.00} CARBO| 4/2/2078} A
10404757.352800 WELL| 5|
3955043} RS-9| 3527071.083800 7550.00) CARBO| __4/2/2078| Al
10405216.785600 UNDERDRAIN, 5|
V.IN-STREAM MONITORING SITES
MPID Outfall] State Plane N’ Stream| ‘Quad| Added Stat]
Mp Is No} Facility] State Plane E| Name| Section| Deleted|
0008743} BAS-1] 3535230.937000 524] CARBO| 4/2/2078] Al
upstream] 1040284 1.076000} DUMPS CREEK
0008744} BAS-2| 3534289.396000 337 CARBO| 4/2/2078} ry
upstream] 10404915.635000| _ HURRICANE FORK]
0008745} BAS-3]| 3525255.426000 524] CARBO| __4/2/2078| Al
downstream] 10404805.947000| DUMPS CREEK
0008746} BAS-4] 3520980.000000 324] CARBO| 4/2/2078} ry
Downstream] 1040267 1.000000] DUMPS CREEK
3920075} CM-I] _3536271.627200| 524] CARBO| __4/2/2078| Al
ABOVE| 10402304.475400| DUMPS CREEK 2|
3920076} CM-2]_3525587.619700| 324] CARBO| 4/2/2076} ry
BELOW] 10405095.726400| DUMPS CREEK 3
VI. RAINFALL MONITORING SITES.
MPID Facility] State Plane N State Plane E ‘Added Deleted] Stat]
0000339} MOSS #3] 3531990.288000] __10407546.443000| 72/2018} Al
Final Permit 1010632.pdf
Final Factsheet 1010632.pdf
MPDS 1010632.pdf