### ENVIRONMENTAL PROTECTION AGENCY [EPA-R03-0W-2009-0985; FRLNotice ofPublic Hearing Regarding Environmental Protection Agency Region In's Proposed Determination to Prohibit, Restrict, orDeny the Specification, or the Use for Specification (including Withdrawal ofSpecification), ofan 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, EPARegion III published its Proposed determination to Prohibit, Restrict, or Deny the Specification, orthe Use for Specification (including Withdrawal ofSpecification), ofan Areaas 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 onEPA's website at www.epa.gov/region3/mtntop/sprucel.html. EPA has decided that it would be 

### in the public interestto conduct apublic hearing onthe Proposed404(c) Determination for the Spruce No. 1 Surface Mine. DATE and LOCATION: The U.S. Environmental ProtectionAgency, Region III, (EPA) will hold apublic hearing on Tuesday, May 18,2010, at 7:00 p.m. atthe Charleston Civic Center (South Hall), located at 

### 200 Civic CenterDrive, Charleston, WV 2530I. Registration will begin at 5:00 p.m. FOR FURTHERINFORMATION CONTACT: Forinformationregarding this notice ofapublic hearing, contact the Office ofEnvironmental Programs;Environmental Assessment and InnovationDivision; 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. Ifyou would like to submit written comments you may do so atthe public hearing oron-line at www.regulations.gov (search for EPA-R03-0W-2009-0985). Forthose 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 SpruceNo. 1 Mine project. TheRegional 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 ofa 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 byphone 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 signup for public comment on-site the day ofthe public hearing. Audio-visual equipment will not be provided. Ifyou would like to submit writtencomments 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 perperson. The Presiding Officer will establish otherreasonable limits onthe nature and length oftime for oralpresentation. There will be no direct questioning ofany hearing participant, although the Presiding Officer may make appropriate inquiries ofany suchparticipant. 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 Determinationto Prohibit, Restrict, or Deny the Specification, orthe Use for Specification (including Withdrawal ofSpecification), 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.