ENVIRONMENTAL PROTECTION AGENCY

[EPA-R03-0W-2009-0985; FRLNotice of Public Hearing Regarding Environmental Protection Agency Region

In's Proposed Determination to Prohibit, Restrict, or Deny the Specification, or

the Use for Specification (including Withdrawal of Specification), of an Area as a

Disposal Site; Spruce No.1 Surface Mine, Logan County, West Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice ofpublic hearing.

SUMMARY: On April 2, 2010, EPA Region III published its Proposed

determination to Prohibit, Restrict, or Deny the Specification, or the Use for

Specification (including Withdrawal of Specification), ofan Area as a Disposal Site;

Spruce No.1 Surface Mine, Logan County, West Virginia in the Federal Register

soliciting comments from the public. The permittee is Mingo Logan Coal Company.

That notice can be found at www.regulations.gov (search for EPA-R03-0W-2009-

0985). Relevant documents are also available on EPA's website at

www.epa.gov/region3/mtntop/sprucel.html. EPA has decided that it would be in the

public interest to conduct a public hearing on the Proposed 404(c) Determination for

the Spruce No. 1 Surface Mine.

DATE and LOCATION: The U.S. Environmental Protection Agency, Region III,

(EPA) will hold a public hearing on Tuesday, May 18,2010, at 7:00 p.m. at the

Charleston Civic Center (South Hall), located at 200 Civic Center Drive, Charleston,

WV 2530 I. Registration will begin at 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: For information regarding this

notice of a public hearing, contact the Office ofEnvironmental Programs;
Environmental Assessment and Innovation Division; U. S. Environmental Protection

Agency, Region III; 1650 Arch Street; Philadelphia, Pennsylvania 19103. The

telephone number for information about this hearing and to sign up to give oral

comments is 877-368-3552. The EPA office can also be reached via electronic mail at

R3 SplUce Surface Mine@epa.gov. This mailbox is for information on the notice

only and is not-the official comment submission fOlUm. If you would like to submit

written comments you may do so at the public hearing or on-line at

www.regulations.gov (search for EPA-R03-0W-2009-0985). For those who have

special needs and require auxiliary aids and/or services to fully participate in the

public hearing, please call 215-814-2760.

SUPPLEMENTARY INFORMATION:

The purpose ofthe public hearing is to obtain public testimony or comment on EPA's

proposed 404(c) action on the Spruce No. 1 Mine project. The Regional

Administrator will designate the official (Presiding Officer) who will preside at the

public hearing. Any person may appear at the hearing and submit oral and/or written

statements or data and may be represented by counselor other authorized

representatives.

In anticipation of a large turnout for the hearing, advanced sign-up is recommended

for all, but especially for those planning to make oral comments due to time and

capacity limitations. The following information is requested for sign-up: First name,

Last name, City, State, Email address, and Phone number. To sign-up, go to

http://www.epa.gov/region3/mtntop/splUce1hearing.html and click on the link,
"Registering ahead oftime is recommended." You may also sign-up by phone at 877-

368-3552. You will receive confirmation that your registration has been received.

Speakers will be on a first-registered basis, followed by those who sign up for public

comment on-site the day ofthe public hearing. Audio-visual equipment will not be

provided. If you would like to submit written comments you may do so at the public

hearing or on-line at www.regulations.gov (search for EPA-R03-0W-2009-0985).

To maximize the number ofindividuals who are able to speak at the hearing, oral

statements will be limited to two minutes per person. The Presiding Officer will

establish other reasonable limits on the nature and length oftime for oral presentation.

There will be no direct questioning of any hearing participant, although the Presiding

Officer may make appropriate inquiries ofany such participant. EPA will not respond

to questions/comments during the hearing. EPA will consider the comments received

at the public hearing and other comments submitted pursuant to the instructions set

forth in the public notice at www. regulations.gov (search for EPA-R03-0W-2009-

0985) when it develops its Final Determination to Prohibit, Restrict, or Deny the

Specification, or the Use for Specification (including Withdrawal of Specification), of

an Area as a Disposal Site; Spruce No. 1 Surface Mine, Logan County, West

Virginia.

Dated:

')i·/ //,

·~~...,)l·.·~ ./ Shawn M. G~in,

Regional Administrator,

EPA Region III.