INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. Eric J. Holcomb Governor 100 N. Senate Avenue Indianapolis, IN 46204 (800) 451-6027 (317) 232-8603 www.idem.in.gov VIA ELECTRONIC MAIL March 20, 2019 Mr. Luke Martin, Authorized Representative Peabody Midwest Mining, LLC 566 Dickeyville Rd. Lynnville, IN 47619 Bruno L. Pigott Commissioner Dear Mr. Martin: Re: Renewal of General Permit Coverage NPDES General Permit # ING040239 IDNR Permit Nos. S-0256, S-0256-1, S-0256-2, S-0256-3, S-0256-4 and S-0256-5 Peabody Midwest Mining, LLC Bear Run Mine 7255 East CR 600 South Carlisle, IN Sullivan County Our office has received your NPDES Notice of Intent (NOI) submittal for the above-referenced facility. We are pleased to inform you that the submittal is sufficient to comply with the NOI requirements for 327 IAC 15-7. In addition to your request to renew your coverage under the NPDES general permit-by-rule, you have also notified us of an error on your last NOI submittal dated December 12, 2018 when you requested the addition of Outfall 208. That NOI erroneously identified the receiving stream as an unnamed tributary to Singer. However the correct name of the receiving water is an unnamed tributary to Middle Fork. IDEM approved that modification request on February 13, 2019. This new information is currently being corrected in our databases. The change is also noted in the listing of your facility s authorized outfalls which is attached to this letter. We have reviewed your request and have determined that the activities associated with it will not violate the antidegradation rules as set forth in 327 IAC 2-1.3. Our office has further determined that the request will not affect this facility s eligibility for coverage under the general permit rules outlined in 327 IAC 15-1 through 15-4 and 327 IAC 15-7, Facilities Engaged in Mining of Coal, Coal Processing, and Reclamation Activities. Therefore, your petition to obtain permit coverage as described in your NOI has been approved in accordance with Indiana rules promulgated under 327 IAC15-7 and 327 IAC 2-1.3. Coverage for the facility will include all outfalls listed on the first table of Attachment 1 to this correspondence. The NPDES general permit identification number assigned to this facility is referenced above. The current term of NPDES general permit coverage under 327 IAC 15-7 for this facility is due to expire on May 31, 2019. Renewal of coverage will commence on June 1, 2019 and will continue until it expires on May 31, 2024. An Equal Opportunity Employer Recycled Paper
Mr. Luke Martin Page 3 of 5 ATTACHMENT 1 PEABODY MIDWEST MINING, LLC BEAR RUN MINE NPDES GENERAL PERMIT APPROVAL # ING040239 EFFECTIVE DATE: June 1, 2019 OUTFALLS PERMITTED FOR THIS FACILITY OUTFALL DNR BASIN LATITUDE LONGITUDE MINE DRAINAGE RECEIVING WATER STATUS 001 S-0256 39 O, 03, 22-87 O, 16, 50 Post-Mining Buttermilk SP-1 003R* S-0256 39 O, 03, 17.5-87 O, 17, 25 Post-Mining Buttermilk SP-3 009 S-0256-1 39 O, 01, 12-87 O, 15, 37 Post-Mining Unnamed Tributary to Black SP-9 018R* S-256-1 39 O, 01, 58-87 O, 15, 43 Post-Mining Unnamed Tributary to Black 018 040N S-0256-2 38 O, 58, 50.3-87 O, 16, 12 Alkaline Unnamed Tributary to Spencer 040 044* S-0256-2 39 O, 00, 29-87 O, 17, 45 Alkaline Unnamed Tributary to Middle 044 Fork 045* S-0256-3 39 O, 00, 42-87 O, 18, 13 Alkaline Unnamed Tributary to Middle 045 Fork 046 * S-0256-1 39 O, 01, 53-87 O, 18, 09 Alkaline Unnamed Tributary to 046 Buttermilk 047* S-0256-1 39 O, 02, 00-87 O, 15, 42 Post-Mining Unnamed Tributary to Black 047 051* S-0256-2 38 O, 59, 46-87 O, 16, 15.5 Alkaline Unnamed Tributary to Spencer 051 052 S-0256-2 38 O, 59, 55-87 O, 16, 15 Alkaline Spencer 052 053* S-0256-4 38 O, 55, 56-87 O, 15, 57 Alkaline Unnamed Tributary to Pollard 053 054** S-0256-4 38 O, 55, 31-87 O, 15, 54 Alkaline Unnamed Tributary to Pollard 054 055** S-0256-4 38 O, 55, 16-87 O, 17, 02 Alkaline Unnamed Tributary to Pollard 055 061* S-0256-4 38 O, 57, 53-87 O, 15, 55 Alkaline Unnamed Tributary to Spencer 061 062 S-0256-4 38 O, 58, 34-87 O, 15, 42 Alkaline Unnamed Tributary to Spencer 062 063* S-0256-5 39 O, 00, 39.5-87 O, 18, 26.5 Mined Through Unnamed Tributary to Middle 063 Fork 064 S-0256-2 38 O, 56, 12-87 O, 15, 22 Alkaline Unnamed Tributary to Pollard 064 066 ** S-0256-5 38 O, 55, 00-87 O, 16, 05 Alkaline Unnamed Tributary to Pollard 066 067 ** S-0256-5 38 O, 55, 01-87 O, 16, 54 Alkaline Unnamed Tributary to Pollard 068 067 S-0256-5 068 38 O, 56, 29-87 O, 19, 00 Alkaline Unnamed Tributary to Maria
Mr. Luke Martin Page 4 of 5 075 * S-0256-5 39 O, 02, 47-87 O, 19, 20 Alkaline Unnamed Tributary to 075 Buttermilk 081 ** S-0256-4 38 O, 55, 54-87 O, 16, 55.5 Alkaline Unnamed Tributary to Pollard 081 082 ** S-0256-4 38 O, 55, 33-87 O, 16, 54 Alkaline Unnamed Tributary to Pollard 082 083 ** S-0256-4 38 O, 55, 17-87 O, 16, 55 Alkaline Unnamed Tributary to Pollard 083 085* S-0256-5 39 O, 00, 39.8-87 O, 18, 32.3 Mined Through Unnamed Tributary to Middle 085 Fork 087 ** S-0256-1 39 O, 01, 54-87 O, 17, 51.7 Alkaline Unnamed Tributary to 087 Buttermilk 089* S-0256-5 39 O, 01, 05-87 O, 19, 17 Mined Through Unnamed Tributary to Middle 089 Fork 090* S-0256-5 39 O, 00, 52.1-87 O, 19, 11.4 Alkaline Unnamed Tributary to Middle 090 Fork 091 S-0256-5 39 O, 00, 24-87 O, 19, 09 Alkaline Unnamed Tributary to Middle 091 Fork 207 S-0256 39 O, 55, 41.4-87 O, 14, 29.32 Alkaline Unnamed Tributary to Singer 207 208 S-0256 39 O, 00, 31.29-87 O, 19, 14.36 Alkaline Unnamed Tributary to Middle 208 Fork * Coordinates Were Changed To Reflect As-Built Location of Outfall ** Reflects an Unconstructed Outfall The Following Outfalls Have Been Removed And Are No Longer Covered Under This Permit: 011* S-0256-1 39 O, 01, 10.6-87 O, 18, 04 Never Unnamed Tributary to Middle SP-11 Constructed Fork 016R* S-0256 39 O, 02, 24.5-87 O, 18, 20 Drains To 075- Buttermilk SP-16 Not Needed 018 S-0256-1 39 O, 01, 59.3-87 O, 15, 37.6 Removed Unnamed Tributary to Middle 018 Fork 019 S-0256-1 39 O, 01, 16.7-87 O, 15, 54.9 Removed Unnamed Tributary to Black 019 023 S-0256-1 39 O, 01, 22.5-87 O, 16, 08.1 Removed Unnamed Tributary to Black 023 040S S-0256-2 38 O, 58, 38.4-87 O, 16, 14.5 Removed Unnamed Tributary to Spencer 040s 041S S-0256-2 38 O, 57, 31.3-87 O, 16, 38.4 Removed- Not Unnamed Tributary to Spencer 041S Needed 041N S-0256-2 38 O, 57, 46-87 O, 16, 44 Removed- Not Unnamed Tributary to Spencer 041N Needed 042 S-0256-2 38 O, 56, 33.5-87 O, 16, 10.5 Removed Unnamed Tributary to Pollard 042 043 S-0256-3 39 O, 00, 20-87 O, 16, 10 Removed- Not Unnamed Tributary to Spencer 043 Needed 048 S-0256-1 39 O, 01, 04.9-87 O, 17, 56.7 Removed- Not Unnamed Tributary to Middle 048 Needed Fork 049 S-0256-1 39 O, 01, 22.6-87 O, 15, 46 Mined Through Unnamed Tributary to Black 049 050 S-0256-1 39 O, 01, 04.1-87 O, 16, 31.8 Mined Through Unnamed Tributary to Middle 050 Fork 056 S-0256-4 38 O, 56, 25-87 O, 17, 26 Never Unnamed Tributary to Maria 056 Constructed 057* S-0256-4 38 O, 56, 44-87 O, 17, 15 Mined Through Unnamed Tributary to Maria 057
Mr. Luke Martin Page 5 of 5 058* 059 060 084 086* 088* S-0256-4 057 S-0256-4 059 S-0256-4 060 S-0256-4 084 S-0256-5 086 S-0256-5 088 38 O, 57, 8-87 O, 17, 11 Mined Through Unnamed Tributary to Maria 38 O, 57, 37-87 O, 17, 16 Never Unnamed Tributary to Maria Constructed 38 O, 57, 59-87 O, 17, 19 Never Unnamed Tributary to Maria Constructed 38 O, 56, 48-87 O, 16, 56 Never Unnamed Tributary to Maria Constructed 39 O, 00, 39.8-87 O, 18, 44.9 Mined Through Unnamed Tributary to Middle Fork 39 O, 01, 02.5-87 O, 18, 59.4 Now Drains To Unnamed Tributary to Middle Outfall 090 Fork
STATE OF INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE NO. 2019 3D GP DATE OF NOTICE: March 20, 2019 The Office of Water Quality approves the following renewal of NPDES GENERAL PERMIT coverage: RENEWAL Peabody Midwest Mining LLC, Bear Run Mine, Permit Coverage No. ING040239, SULLIVAN COUNTY, Carlisle, IN. This facility is an active surface coal mine. The permittee has submitted a Notice of Intent to renew its general NPDES coverage under 327 IAC 15-7. The renewal of coverage shall become effective on June 1, 2019. Additionally there is a correction for the identification of the receiving stream for Outfall 208 which discharges to an unnamed tributary to Middle Fork. For more information regarding this modification of coverage please contact Ms. C. Anne Burget at (317) 234-8745 or via email at cburget@idem.in.gov. Notice of Right to Administrative Review If you wish to challenge this permit, you must file a Petition for Administrative Review with the Office of Environmental Adjudication (OEA), and serve a copy of the petition upon IDEM. The requirements for filing a Petition for Administrative Review are found in IC 4-21.5-3-7, IC 13-15-6-1 and 315 IAC 1-3-2. A summary of the requirements of these laws is provided below. A Petition for Administrative Review must be filed with the Office of Environmental Adjudication (OEA) within fifteen (15) days of the issuance of this notice (eighteen (18) days if you received this notice by U.S. Mail), and a copy must be served upon IDEM. Addresses are: Director Commissioner Office of Environmental Adjudication Indiana Department of Environmental Management Indiana Government Center North Indiana Government Center North Room N103 Room 1301 100 North Senate Avenue 100 North Senate Avenue Indianapolis, Indiana 46204 Indianapolis, Indiana 46204 The petition must contain the following information: 1. The name, address and telephone number of each petitioner. 2. A description of each petitioner s interest in the permit. 3. A statement of facts demonstrating that each petitioner is: a. a person to whom the order is directed; b. aggrieved or adversely affected by the permit; or c. entitled to administrative review under any law. 4. The reasons for the request for administrative review. 5. The particular legal issues proposed for review. 6. The alleged environmental concerns or technical deficiencies of the permit. 7. The permit terms and conditions that the petitioner believes would be appropriate and would comply with the law. 8. The identity of any persons represented by the petitioner. 9. The identity of the person against whom administrative review is sought. 10. A copy of the permit that is the basis of the petition. 11. A statement identifying petitioner s attorney or other representative, if any.
Failure to meet the requirements of the law with respect to a Petition for Administrative Review may result in a waiver of your right to seek administrative review of the permit. Examples are: 1. Failure to file a Petition by the applicable deadline; 2. Failure to serve a copy of the Petition upon IDEM when it is filed; or 3. Failure to include the information required by law. If you seek to have a permit stayed during the administrative review, you may need to file a Petition for a Stay of Effectiveness. The specific requirements for such a Petition can be found in 315 IAC 1-3-2 and 315 IAC 1-3-2.1. Pursuant to IC 4-21.5-3-17, OEA will provide all parties with notice of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders disposing of the review of this action. If you are entitled to notice under IC 4-21.5-3-5(b) and would like to obtain notices of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders disposing of the review of this action without intervening in the proceeding you must submit a written request to OEA at the address above. If you have procedural or scheduling questions regarding your Petition for Administrative Review please refer to OEA s website at http://www.in.gov/oea.