North Beckley Public Service District 122 Clear Water Lane BECKLEY, WEST VIRGINIA Bus: (304) Fax (304)

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1 North Beckley Public Service District 122 Clear Water Lane BECKLEY, WEST VIRGINIA Bus: (304) Fax (304) July 22, 2009 Sandra Squire, Executive Secretary Public Service Commission of West Virginia P 0 Box 812 Charleston, WV Dear Ms. Squire: Re: Case No PSD-CN Follow-up The District has acquired 80% of the necessary easements for the project. Enclosed please find copies of approvals for the DEP Public Land Permit, DOT permits, and the NPDES Storin Water Construction permit. If you need any additional information, please let me know. Sincerely, JWDItll Chairman Cc: Conrad W. Bramlee, PSC Lisa Bailey, PSC

2 Page 1 of 1 Donna Sawyers From: To: cc: Sent: Attach: Subject: " D E P N P D ES E P" <DE P, N P D E S E wv, g o v> < d sa w y e rs 16@s u d d e n I i n km a i I. co m > ; " D E P N P D ES E P " < D E P. N P D E S E w v. g ovs "Taylor, Judith L" <Judith.L.Taylor@wv.gov>; <lawsonets@wireflre.com>; "Robertson, Larry H" <Larry.H.Robertson@wv.gov>; "Bandy, Jeremy W' <Jeremy.W.Bandy@wv.gov>; "Quinn, Deborah I" <Deborah.l.Quinn@wv.gov> Monday, April 06, :46 AM EP 14151~2007~Construction~Storm~Water~General~Permit[l].pdf; NOT 14400~SW~Cons~Termination~notice.doc Approval for WVR104288, NBPSD Collection System Improvements, Phase Ill-A Contract 1.2 & 3, Raleigh Co., Acres Joseph DiClaro, Clairinan North Beckley PSD 122 Clear Water Lane Beckley, WV (304) Physical Site Location: WV Rt. 41, Lanark Please be advised that this constitutes approval for your construction activity and your registration no. is WVR effective April 3,2009. You are now authorized to operate under WV/NPDES General Water Pollution Control Permit No. WVOl15924, issued on November 5,2007, copy attached. ~ You should carefully read the contents of this General Permit and become familiar with all requirements needed to remain in compliance with your permit. We've also attached a "Notice of Termination" form to be completed and submitted when all disturbed areas are stabilized, You can find the permit and Notice of Termination forin via the Internet by visiting Permitting, Division of Water and Waste Management at u??rw.wvdep.org, Your annual permit fee has been assessed as $ You will be invoiced by this agency upon the anniversary date of this approval date. Failure to submit the annual fee within ninety (90) days of the due date will render your permit void upon the date you are mailed a certified written notice to that effect. Please be advised that a pro-rated annual permit fee may be assessed upon the completion date and proper stabilization. Scott G. Mandirola Acting Director WV DEP-Division of Water & Waste Mgt th St SE Charleston, WV Phone: (304) Fax: (304) /6/2009

3 Joe Manehin III Governor ST VWGINZA DEPARTMENT OF T Division of Highways Office of the District Manager District Ten 270 Hardwood Lane - Princeton, West Virginia * 304/ April 23,2009 Ms. Donna Sawyers, General Manager North Beckley Public Service District 122 Clear Water Lane Beckley, West Virginia Dear Ms. Sawyers: Returned herewith approved are the following permit applications to install sewer lines. Payment of the inspection fee due the Division is due 60 days after construction begins in accordance with the instructions, Forms BF-125, attached to this letter. Permit Number Route Number & Countv - Various - Raleigh County - Contract 1 - Various - Raleigh County - Contract 2 - Various - Raleigh County - Contract 3 The Division of Highways will require surety in the amount of $50, (fifty thousand dollars), for each contract, to satisfy condition number 1 of the permit applications. We will not require you to provide the surety until after you award your contract(s) and at a reasonable time prior to the commencement of the work authorized within State wights of Ways. Failure to provide the proper surety prior to the commencement of any work within State wight of Ways will result in the immediate cancellation of these permits. E.E.O./AFFIRMATIVE ACTION EMPLOYER

4 WEST VlRGlNiA DIVISION QF HIGHWAYS Ms. Donna Sawyers Page 2 April 23,2009 The District Ten Office has recently established a policy requiring that both the person assigned the responsibility to inspect the work authorized by the permit and the County Supervisor need to be notified of your work schedule. Please contact both Mr. Gerrall Comer, District Utilities Supervisor, and Mr. Dale Hughart, Raleigh County Supervisor, forty-eight hours prior to the commencement of the work authorized by this permit in order that the Division may arrange to inspect the work in progress. You may contact Mr. Comer at at the District Headquarters in Gardner and you may contact Mr. Hughart at the Raleigh County Headquarters in Becldey at Please give these persons your schedule, location of the work. and approved permit number. Failure to comply will be cause for cancellation of the pennit. Very truly yours, D. Alan Reed, P.E. Assistant District Engineer (Maintenance) DARCSe Enclosure cc: Mr. Gerrall Comer Mr. Dale Hughart Clark Shreve Staff Engineer

5 I i I I Joe Manchin 111 Governor DIVISION OF NATURAL RESOURCES Capitol Complex, Building 3, Room Kanawha Boulevard, East Charleston WV Telephone (304) Fax (304) TDD (304) TDD Frank Jezioro Director January 13,2009 Division of Natural Resources RIGHT OF ENTRY Re: LS-09-IV North Beckley Public Service District C/o Lawson Engineering & Technical Services, Inc. Attention: Michael Lawson PO Box 1419 Beckley, WV Dear Mr. Lawson:... ' The Division,of Natural Resources hereby grants to you for a period of twenty-five (25) years from the date hereof, a Right of Entry for the purpose of installing and maintaining a thirty-six-inch (36") culvert to replace an existing culvert too small in diameter along an unnamed tributary of Stanaford Branch near Lanark in Raleigh County, West Virginia. This Right of Entry is subject to the following terms and cmditions: 1. No in stream work during the fish-spawning season (April l-june 30). 2. Work should,be completed as quickly as possible during low flows in designated work areas only. 3. All shore areas disturbed by this operation must be reshaped, seeded and mulched immediately upon completion of work. The prompt establishment of vegetative cover will reduce future damage from high water levels. 4. Green concrete must not be put in the stream (highly toxic to aquatic life) 5. Guidance should be obtained from NRCS (formerly SCS) and a registered engineer for the design and construction. Must allow for passage of at least ten-year flood flow.

6 Public Service District 09 Best management practices should be followed; measures such as hay bales must be used to reduce downstream siltation. Applicant is responsible for removing debris from in and around the installation periodically to prevent stream flow obstruction. Durable head walls of logs, rock, or concrete shall be constructed at both the upstream and downstream ends of crossing to prevent erosion of fill material into the stream. The State's issuance of this Right-of-Entry does not provide for the applicant to work outside the requested boundaries nor does the State assume any liability for the applicant'sllandowner's construction activities. By accepting this Right-of-Entry, the applicanfflandowner assumes liability for any/all damages caused by this activity to both upstream and downstream landowners. Guidelines of Best Management Practices for Sediment and Erosion Control as outlined by the Section of Water Resources, Division of Environmental Protection must be followed. Copies of those guidelines are available from the Section of Water Resources, 'h Street S.E., Charleston, West Virginia , Telephone No. (304) The issuance of this Right of Entry by the Division of Natural Resources does not preclude the to obtain a permit from the Corps of Engineers or any other state or federal permits which may be y law, nor does this Right of Entry negate the need to comply with the West Virginia Water Pollution ct and/or the State Environmental Quality Board's administrative regulations, applicant is also le for determining if the proposed activity is located within an identified flood plain and it is the applicant's responsibility for contacting the local governmental agency in charge of that program and obtaining a flood plain development permit for it. This Right of Entry does not grant any rights or privileges, or permission to enter upon or to cross the property of any other person, nor is permission granted to remove any material that lies upon the property of any other persons. Work should be completed in as brief a period as possible and within one year from the date of this letter. In the event you fail or refuse to comply with any of the terms or conditions herein, this Right of Entry will be canceled and considered null and void and the Division will reject further applications. There is no fee for this Right of Entry. You must notify this office in writing if this installation has been removed. Sincerely, JTS:ah Office of Land and Streams PC: DNR Fish Biologist Mr. Mike Zeto, Environmental Enforcement DNR Conservation Officers

7 Q I 1 DIVISION OF NATURAL RESOURCES Capitol Complex, Building 3, Room Kanawha Boulevard, East Charleston WV Telephone (304) Fax (304) TDD (304) TDD January. 13,2009 Division of Natural Resources LICENSE AND RIGHT OF ENTRY Frank Jezioro Director Re: P-09-IV North Beckley Public Service District C/o Lawson Engineering & Technical Services Attention: Michael Lawson PO Box 1419 Beckley, WV Dear Mr. Lawson: The Division of Natural Resources hereby grants to you for a term of twenty-five (25) years, from the date hereof, a License and Right of Entry to construct, replace, cover, repair, operate, maintain, use and remove six-inch to fifteen-inch (6 -I 5 ) sewer pipelines and four-inch to six-inch (4-6 ) force main pipelines with temporary culverts for diversionary purposes at thirty-four (34) separate locations along unnamed tributaries of Piney Creek, unnamed tributaries of Stanaford Branch and Stanaford Branch, Town District, Raleigh* County, West Virginia. as shown located and highlighted in red on the map attached hereto as Exhibit A. This License and Right of Entry is subject to the following terrns and conditions: No in stream work during the fish-spawning season (April 1-June 30). The pipeline must be buried at least three-feet (3 ). Any stream bed disturbance should be restricted to the immediate area. In stream use of equipment should be kept to a minimum.. All shore areas disturbed by this operation must be reshaped, seeded and mulched immediately upon completion of work. The prompt establishment of vegetative cover will reduce future damage from high water levels. Green concrete must not be put in the stream (highly toxic to aquatic life). Amount of stream side vegetation disturbed should be kept to a minimum.

8 EXHIBIT A

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