Weston (Curtis) Landslide SWPPP Page 3

SWPPP Revision Documentation Form

This storm water pollution prevention plan (SWPPP) should be revised and updated to address changes in site conditions, new or revised government regulations, and additional on-site storm water pollution controls. The signature of this representative attests that the SWPPP revision information is true and accurate. Previous authors and facility representatives are not responsible for the revisions.

Number

Date

Company Representative’s

Signature

Weston (Curtis) Landslide SWPPP Page 4

TABLE OF CONTENTS

1.0 PROJECT DESCRIPTION

1.1 THREATENED AND/OR ENDANGERED SPECIES…...…………………5

1.2 HISTORICAL DETERMINATION………………………………………….5

2.0 SITE SOILS INFORMATION

3.0 EROSION AND SEDIMENT CONTROL BMPS……………………………

3.1 BMP DEFINITIONS .................................................................................... 6-7

3.2 CONSTRUCTION SEQUENCE .................................................................. 7-9

3.3 BMP MAINTENANCE .............................................................................. 9-10

3.4 RECYCLING AND DISPOSAL METHODS……………………………...10

4.0 FINAL STABILIZATION............................................................................... 10-11

5.0 CONSTRUCTION SITE HOUSEKEEPING

6.0 EMERGENCY NOTIFICATION

7.0 EMPLOYEE TRAINING

8.0 RECORD KEEPING PROCEDURES

LIST OF APPENDICES

ATTACHMENT C.1 – SITE LOCATION MAP

ATTACHMENT C.2 – OFFICIAL SPECIES LIST / DETERMINATION KEY

ATTACHMENT C.3 – SHPO COORDINATION

ATTACHMENT C.4 – SITE SOILS INFORMATION

ATTACHMENT C.5 – E&S PLANS

ATTACHMENT C.6 – BMP INSPECTION REPORT

Weston (Curtis) Landslide SWPPP Page 5

ATTACHMENT C.7 – CALCULATIONS

ATTACHMENT C.8 – SWPPP TRAINING FORM

1.0 PROJECT DESCRIPTION

The West Virginia Department of Environmental Protection Division of Land Restoration Office Abandoned Mine Lands and Reclamation (WVDEP-DLR-AML) intends to repair and reinforce two scarp areas to restore the site to existing or better conditions. A lag and pile retaining wall along part of Curtis Lane will stabilize the road while installed channels will control drainage across the site.

The site is located Southeast of the City of Weston, Lewis County, WV, off CR 36 (Little Skin Creek Road). The project area consists of 3.97 acres of disturbance.

Stormwater runoff from the site drains into an un-named tributary to Little Skin Creek, which is not designated as a Tier 3 watershed. A site location map is shown in (Attachment C.1).

This project site will consist of a two-phase erosion and sediment control plan and overall design. Project activities will include installation of temporary erosion and sediment control facilities, stripping and stock piling topsoil from disturbed areas, installing a lag and pile retaining wall along a portion of the southern edge of Curtis Lane, excavation of slip areas to bedrock and rebuilding using proper fill placement techniques with regularly spaced bonding benches and underdrains, construction of drainage channels and the rehabilitation of existing gravel roads and pavement repair. It is anticipated that all work on the site will be completed in a three-phase construction sequence that is to begin on January 22, 2025.

This Erosion & Sedimentation Control Plan (ESCP) for Weston Curtis Landslide has been prepared under the direction of Herbert L. Parsons III, PE, PLS. (PE-15279) Mr.

Parsons has over 20 years’ experience in the design, permitting and construction of oil and gas, highway, mining, water and wastewater, and site development projects in Ohio, Pennsylvania, West Virginia and Virginia. He is a registered professional engineer in Pennsylvania, West Virginia and Virginia.

1.1 THREATENED AND/OR ENDANGERED SPECIES

Documentation provided by the Fish and Wildlife Service is included with (Attachment C.2).

1.2 HISTORICAL DETERMINATION

The West Virginia State Historic Preservation Office (WV SHPO) map viewer did not identify any National Register of Historic Places (NRHP) listed structures or structures eligible for listing within the project LOD, or within a 1‐mile radius of the project LOD.

Documentation of these findings are included with (Attachment C.3).

Weston (Curtis) Landslide SWPPP Page 6

2.0 SITE SOILS INFORMATION

A map showing the soils that will be encountered within the project boundary, detailed soil property information and summaries of the soil types and general descriptions for the soils within the project boundary are included as (Attachment C.4).

3.0 EROSION AND SEDIMENT CONTROL BMPS

Erosion and sediment control BMPs are proposed to eliminate sediment pollution from the proposed project in stormwater runoff. The specific location of proposed BMPs as well as construction details can be found in the plan set (Attachment C.5).

3.1 BMP DEFINITIONS

Stabilized Construction Entrance – Shall be installed wherever construction traffic enters and leaves a site. Large quantities of mud can be tracked onto public and private roads causing dangerous driving conditions and muddy runoff when it rains. Construction entrances are stabilized to reduce the amount of sediment transported onto paved roads by vehicles or equipment by constructing a stabilized pad of stone at entrances to construction sites.

Silt Fence– Serves as perimeter control around proposed construction activity. Shall be placed along slopes of the disturbed areas as shown on the erosion and sediment control plan set.

Temporary Diversion – Serves as a temporary berm or excavated channel or combination berm and channel constructed across sloping land on a predetermined grade. This variable practice is used to protect work areas from upslope runoff and reduce the size of the drainage are going to sediment trapping structures, transport runoff across a project to minimize erosion and to divert sediment-laden water to an appropriate sediment trapping facility.

Compost Filter Sock Sediment Trap – Serves as a temporary ponding area formed by constructing an embankment or excavation and embankment that will trap the flow of sediment-laden runoff.

Rock Check Dam – Serves to reduce the velocity of stormwater flows in waterways, thereby reducing erosion of channels and trapping sediment.

Riprap Apron – A section of rock protection placed at the outlet end of culverts and channels. To prevent scour at stormwater system outlets, a flow transition structure is needed which will absorb the initial impact of the flow and reduce the flow velocity to a level which will not erode the receiving channel or overland area.

Weston (Curtis) Landslide SWPPP Page 7

Rolled Erosion Control Products (RECPs) - Are temporary or permanent erosion control nets, blankets and three-dimensional matrixes made from a wide variety of natural (such as jute, coir and straw) and manmade materials alone or in combination. There are numerous commercially available products so great care must be used to choose the correct product for the application. RECPs help prevent erosion in several ways. They can be a direct replacement for straw or hay mulch and provide uniform protection from raindrop erosion, moderating temperature and moisture extremes and preventing detachment of the soil by sheet flow. They can hold seed and mulch in place on slopes and in channels so that vegetation can become established. And they can be used to permanently reinforce turf to protect channels and stream banks in high flow conditions.

Hydraulically Applied Erosion Control Product (HECP) (FELXTERRA®) – A hydraulically applied, 100% biodegradable, high performance-flexible growth medium that is composed of 100% recycled wood fibers, crimped interlocking biodegradable fibers, micro-pore granules, naturally derived crosslinked biopolymers, and water absorbents. The product creates a continuous, porous, absorbent, and flexible erosion resistant blanket that allows for rapid germination and accelerated plant growth.

3.2 CONSTRUCTION SEQUENCE

This project site will consist of a two-phase erosion and sediment control plan and overall design for the purpose of repairing two scarp line areas that formed slips on an old abandoned pre-law surface mine complex. This section provides an overview of the equipment and operations necessary to stabilize slip areas and manage drainage runoff, describes potential impacts that may occur from each operation, and identifies the measures that will be implemented to control these potential impacts. This section also discusses in detail the erosion and sediment control techniques that apply to each construction phase activity including clearing, grading, trenching, and backfilling. The spacing between individual crews responsible for each interdependent activity is based on anticipated rate of progress. The activities listed below are normally performed in the following sequence:

E&S Phase I

1. A copy of the final PS&E plans must be available on the project site at all times.

2. At least three days prior to starting any earth disturbance activity, all contractors involved in these activities shall notify the West Virginia one call system before starting any construction activities.

3. Prior to commencement of any earth disturbance activities, including clearing and grubbing, the contractor shall clearly delineate sensitive areas, the limits of clearing, and utilities that are to be conserved within and/or near the project site and install appropriate barriers where equipment may not be parked, staged, Weston (Curtis) Landslide SWPPP Page 8 operated or located for any purpose. Appropriate BMPs should be installed and functioning.

4. Orange construction barrier fence shall be installed at locations shown on the plans. Orange construction barrier fence shall be checked regularly for weather related or other damage. Any necessary repairs shall be made immediately.

Orange construction barrier fence will remain during all phases of construction.

5. Installation of stone construction entrances at all access locations shall be the first step of construction and shall be followed by the installation of additional stone designated for equipment and material staging and improved gravel access roads.

6. Perimeter erosion and sediment control devices, as required by the erosion and sediment control Phase I plans are to be installed prior to conducting any construction activity on the site. This includes but is not limited to perimeter BMP’s (silt fence) along clearing and grubbing boundaries, rock check dams, outlet protection, and temporary diversion channel and berm for clean stormwater runoff.

7. Construct compost sock sediment trap and intermediate silt fence. Begin land clearing and grubbing only after all downslope bmps have been installed.

8. Abandoned septic leach field to be removed and regraded to existing condition.

All unsuitable material to be disposed of at an approved off-site waste area.

9. Apply temporary or permanent stabilization measures immediately to any disturbed areas where work has been completed, has been delayed or otherwise temporarily suspended.

10. Install check dams & outlet protection upon completion of culvert and channel construction.

E&S Phase II

1. Perimeter erosion and sediment control BMP’s (silt fence) to be adjusted or removed per the erosion and sediment control Phase 2 plans to prepare for site construction.

2. Installation of retaining wall and regrading of areas associated with landslide 1 and 2.

3. Once design channels #1 & #2 are constructed with permanent rip-rap apron, the removal of compost sock sediment trap will take place. Removal of compost sock sediment trap will occur once the following conditions are met.

Weston (Curtis) Landslide SWPPP Page 9

A. Upon completion of landslide area 1 in conformance with NGE's geotechnical investigation report dated September, 2024 and approved by the engineer.

B. Construction of channels #1 & #2 with installed check dams.

C. Construction of permanent energy dissipater.

4. Removal of the temporary diversion channel with berm and check dams will take place once temporary erosion and sediment control rock check dams are installed in Channels #1 & #2.

5. Apply temporary or permanent stabilization measures immediately to any disturbed areas where work has reached final grade, delayed or otherwise temporarily suspended.

6. Any water encountered within the excavation areas during construction shall be removed by using pumps, hoses, and pumped water filter bags which shall be discharged into undisturbed well-vegetated upland areas.

7. Complete Access road repairs, asphalt resurfacing and gravel road rehabilitation.

8. After construction is complete, final seeding and mulching of all disturbed areas not yet stabilized shall be completed. Stabilize and seed all open areas including borrow and spoil areas.

9. Finish grade slopes steeper than 3:1 shall install rolled erosion control products.

10. Removal of all temporary BMPs can be performed upon achievement of a uniform 70 percent perennial vegetative cover with a density capable of resisting accelerated erosion for all areas which would contribute runoff to the BMPs.

Stabilize any disturbances associated with the removal of BMPs.

3.3 BMP MAINTENANCE

The maintenance for the project shall be in accordance with the approved erosion and sediment control plan. The contractor shall be responsible for the continuous maintenance of all E&S measures and devices for the duration of the project and until the area is stabilized with a minimum uniform 70% vegetative growth of permanent seeding cover.

Inspection of all erosion and sediment controls will occur every 4 days and within 24 hours after any precipitation event of 0.25 inches or greater per 24 hour period, unless such inspections are not practicable within 24 hours, in which case that fact shall be noted in the inspection report: Repairs or maintenance to BMPs shall be performed immediately after the inspection following the 0.25 inch rain event in a 24-hour period, and repairs shall be re-inspected no later than the next inspection date. If repairs cannot be completed within that 4-day period, that fact shall be explained on the inspection report and such

Weston (Curtis) Landslide SWPPP Page 10 explanation shall include an anticipated completion date. Rain gauges will be located at the entrance into Curtis Lane from Little Skin Creek Rd. (CR 36) Inspection Report included with (Attachment C6).

3.4 RECYCLING AND DISPOSAL METHODS

All borrow (disposal) areas must be approved by the State. The Contractor shall be responsible to obtain from the property owner(s) of the borrow areas, all necessary rights of entry, including rights of entry for the State, Engineer, and others as required for inspection purposes. The said rights of entry agreement must state that the property owner(s) indemnify and hold harmless the State for Contractor’s action for any injury or damages whatsoever resulting from the use of the property.

All waste areas shall be obtained in accordance with these Specifications. All unsuitable materials (wood, trash, debris, and garbage), as determined by the State, shall be wasted by the Contractor outside the limits of work conforming to the requirements of these Specifications at the Contractor’s expense.

4.0 FINAL STABILIZATION

Areas which have been disturbed are considered to be stabilized when a uniform vegetative cover with a density of 70 percent of the pre-disturbance levels has been established. Once sections of construction are completed, topsoil will be replaced over the disturbed area and the surface will be re-seeded. Some segments may have special landowner seeding requirements/agreements.

Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than four days after the construction activity in that portion of the site has permanently ceased. Where the initiation of stabilization measures by the fourth day after construction activity temporarily or permanently ceases is precluded by snow cover, stabilization measures shall be initiated as soon as conditions allow. Where construction activity will resume on a portion of the site within 14 days from when activities ceased, (e.g., the total time period that construction activity is temporarily halted is less than 21 days) then stabilization measures do not have to be initiated on that portion of the site by the fourth day after construction activities have temporarily ceased. Areas where the seed has failed to germinate adequately (uniform perennial vegetative cover with a density of 70%) within 30 days after seeding and mulching must be reseeded immediately, or as soon as weather conditions allow.

Once the site construction is completed and final stabilization is achieved, DEP or approved subcontractor personnel will monitor/observe for areas exhibiting signs of excessive erosion during routine inspections of the project area. Any areas exhibiting excessive erosion will need erosion control maintenance.

Weston (Curtis) Landslide SWPPP Page 11

The project has reached final stabilization when all soil disturbing activities are complete and a uniform perennial vegetative cover with a density of 70% has been established across the site. Areas that have permanent stabilization through the use of riprap, gabions, geotextiles, etc. will count towards the 70% final stabilization requirement. The temporary measures can be removed when they are no longer needed, if the disturbed areas, treated by the measures, are stabilized prior to the project completion.

5.0 CONSTRUCTION SITE HOUSEKEEPING

Contractor is responsible for leaving the site and surrounding area in original condition or better. This includes refurbishing the laydown to at least as good a condition as was present before the Work started – additional stone is provided in the estimate for making it nicer than what was present originally. This also includes picking up and disposing of any trash or litter the Work generates in accordance with these Specifications.

6.0 EMERGENCY NOTIFICATION

In the event of an unauthorized discharge that causes an emergency condition, the operator shall notify the hotline (WVDEP24-hour Elkview Emergency Response Unit) by telephone at 1-(304) 558-5938 or 1-(800) 642-3074 and the National Response Center at 1-(800)-424-8802 no later than one hour after learning of the discharge. Notification will be made regardless of the amount of the discharge. A written notification shall be provided within five (5) calendar days after the telephone notification, in accordance with the general permit requirements. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and time, and if, the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

7.0 EMPLOYEE TRAINING

The SWPPP Team Coordinator will conduct quarterly training to address the areas listed below:

• Purpose and Requirements of the Storm Water Permit

• Components of the SWPPP and Storm Water Regulations

• BMPs and Maintenance, Good Housekeeping Procedures

• Inspections, Record Keeping and Reporting

• Storm Water & Non-Storm Water Discharges

• Changes to the SWPPP

• Inspections & Precipitation greater than 0.25-inch per 24-hour period

Documentation for training is included in (Attachment C8).

Weston (Curtis) Landslide SWPPP Page 12

8.0 RECORD KEEPING PROCEDURES

Records of project inspections, spills, and maintenance activities will be maintained and located at the project field office.

ATTACHMENT C.1

SITE LOCATION MAP

LITTLE SKIN CREEK

LITTLE SKIN CREEK RD.

SITE ENTRANCE

CURTIS LANE

SITE LOCATION MAP

made for

WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION

WESTON (CURTIS) LANDSLIDE

LEWIS COUNTY, WEST VIRGINIA

prepared by

DIEFFENBAUGH & HRITZ, LLC

1095 Chaplin Hill Rd. Suite 200, Morgantown WV 26501

Phone: 304-985-5555 Fax: 304-985-5557SCALE: 1"= (HORIZONTAL)

0 1000' 2000'

1000'

REFERENCE: IMAGERY PROVIDED BY USGS:

ROANOKE QUADRANGLES

WEST VIRGINIA 7.5 MINUTE SERIES

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ATTACHMENT C.2

OFFICIAL SPECIES LIST / DETERMINATION KEY

10/14/2024 14:50:19 UTC

United States Department of the Interior

FISH AND WILDLIFE SERVICE

West Virginia Ecological Services Field Office 6263 Appalachian Highway

Davis, WV 26260-8061 Phone: (304) 866-3858 Fax: (304) 866-3852

In Reply Refer To:

Project Code: 2024-0047951 Project Name: Weston (Curtis) Landslide; WV-7043

Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If you determine that other federally protected species not listed in this Official Species List are present in your action area, you are still responsible to analyze your potential effects to those species and consult with the U.S. Fish and Wildlife Service if consultation is required.

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

Project code: 2024-0047951 10/14/2024 14:50:19 UTC

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:

https://www.fws.gov/sites/default/files/documents/endangered-species-consultation-handbook.pdf

Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-we-do.

The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.

In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-migratory-birds.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Bald & Golden Eagles Migratory Birds Wetlands

OFFICIAL SPECIES LIST

This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

West Virginia Ecological Services Field Office 6263 Appalachian Highway Davis, WV 26260-8061

(304) 866-3858

PROJECT SUMMARY

Project Code: 2024-0047951 Project Name: Weston (Curtis) Landslide; WV-7043 Project Type: Management Plans Land Management/Restoration Project Description: The project proposes a limit of disturbance of approximately 4.0 acres to repair a landslide created by a refuse pile from Abandoned Mine Land

(AML).

Project Location:

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@38.9714066,-80.40783826469078,14z

Counties: Lewis County, West Virginia https://www.google.com/maps/@38.9714066,-80.40783826469078,14z https://www.google.com/maps/@38.9714066,-80.40783826469078,14z

1.

ENDANGERED SPECIES ACT SPECIES

There is a total of 4 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 2 of these species should be considered only under certain conditions.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

https://www.fisheries.noaa.gov/

MAMMALS

NAME STATUS

Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location does not overlap the critical habitat.

This species only needs to be considered under the following conditions:

All activities in this location should consider potential effects to this species. This project is not within a known-use area, but potentially occupied habitat may exist. Please contact the WVFO for further coordination.

Species profile: https://ecos.fws.gov/ecp/species/5949

Endangered

CLAMS

NAME STATUS

Round Hickorynut Obovaria subrotunda There is final critical habitat for this species. Your location does not overlap the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/9879

Threatened

Snuffbox Mussel Epioblasma triquetra No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

This project is in close proximity of a stream known to support this species; all activities in this location should consider potential effects to the species. Review the project design guidelines for information about next steps and contacting the WVFO.

Species profile: https://ecos.fws.gov/ecp/species/4135 General project design guidelines:

https://ipac.ecosphere.fws.gov/project/77SJHETTXZFHVDANBZVGCZZ4VI/documents/ generated/6466.pdf

Endangered

INSECTS

NAME STATUS

Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9743

Candidate

CRITICAL HABITATS

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S

JURISDICTION.

YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL

ABOVE LISTED SPECIES.

https://ecos.fws.gov/ecp/species/5949 https://ecos.fws.gov/ecp/species/9879 https://ecos.fws.gov/ecp/species/4135 https://ipac.ecosphere.fws.gov/project/77SJHETTXZFHVDANBZVGCZZ4VI/documents/generated/6466.pdf https://ipac.ecosphere.fws.gov/project/77SJHETTXZFHVDANBZVGCZZ4VI/documents/generated/6466.pdf https://ecos.fws.gov/ecp/species/9743

1.

2.

3.

USFWS NATIONAL WILDLIFE REFUGE LANDS

AND FISH HATCHERIES

Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

BALD & GOLDEN EAGLES

Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act .

Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats , should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".

The Bald and Golden Eagle Protection Act of 1940.

The Migratory Birds Treaty Act of 1918.

50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area.

NAME BREEDING SEASON

Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.

https://ecos.fws.gov/ecp/species/1626

Breeds Sep 1 to Aug 31

PROBABILITY OF PRESENCE SUMMARY

The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper http://www.fws.gov/refuges/ https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action https://www.fws.gov/law/bald-and-golden-eagle-protection-act https://www.fws.gov/law/migratory-bird-treaty-act-1918 https://www.fws.gov/Alaska-eagle-nesting https://ecos.fws.gov/ecp/species/1626 https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action no data survey effort breeding season probability of presence

Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )

Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year.

Breeding Season ( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range.

Survey Effort ( ) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Bald Eagle Non-BCC Vulnerable

Additional information can be found using the following links:

Eagle Management https://www.fws.gov/program/eagle-management Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action

MIGRATORY BIRDS

Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .

https://www.fws.gov/program/eagle-management https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-measures.pdf https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-measures.pdf https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action

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Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".

The Migratory Birds Treaty Act of 1918.

The Bald and Golden Eagle Protection Act of 1940.

50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area.

NAME

BREEDING

SEASON

Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.

https://ecos.fws.gov/ecp/species/1626

Breeds Sep 1 to Aug 31

Black-capped Chickadee Poecile atricapillus practicus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/10645

Breeds Apr 10 to Jul 31

Cerulean Warbler Setophaga cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/2974

Breeds Apr 27 to Jul 20

Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9406

Breeds Mar 15 to Aug 25

Eastern Whip-poor-will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/10678

Breeds May 1 to Aug 20

Kentucky Warbler Geothlypis formosa This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9443

Breeds Apr 20 to Aug 20 https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action https://www.fws.gov/law/migratory-bird-treaty-act-1918 https://www.fws.gov/law/bald-and-golden-eagle-protection-act https://ecos.fws.gov/ecp/species/1626 https://ecos.fws.gov/ecp/species/10645 https://ecos.fws.gov/ecp/species/2974 https://ecos.fws.gov/ecp/species/9406 https://ecos.fws.gov/ecp/species/10678 https://ecos.fws.gov/ecp/species/9443 no data survey effort breeding season probability of presence

NAME

BREEDING

SEASON

Prairie Warbler Setophaga discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9513

Breeds May 1 to Jul 31

Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9478

Breeds elsewhere

Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9431

Breeds May 10 to Aug 31

PROBABILITY OF PRESENCE SUMMARY

The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )

Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year.

Breeding Season ( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range.

Survey Effort ( ) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

https://ecos.fws.gov/ecp/species/9513 https://ecos.fws.gov/ecp/species/9478 https://ecos.fws.gov/ecp/species/9431 https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action

Bald Eagle Non-BCC Vulnerable

Black-capped Chickadee

BCC - BCR

Cerulean Warbler BCC Rangewide

(CON)

Chimney Swift BCC Rangewide

(CON)

Eastern Whip-poor-will BCC Rangewide

(CON)

Kentucky Warbler BCC Rangewide

(CON)

Prairie Warbler BCC Rangewide

(CON)

Rusty Blackbird

BCC - BCR

Wood Thrush BCC Rangewide

(CON)

Additional information can be found using the following links:

Eagle Management https://www.fws.gov/program/eagle-management Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action

WETLANDS

Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

https://www.fws.gov/program/eagle-management https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory-birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

IPAC USER CONTACT INFORMATION

Agency: West Virginia Department of Environmental Protection Name: Vincent Attardi Address: 1095 Chaplin Road Address Line 2: STE 200 City: Morgantown State: WV Zip: 26501 Email vattardi@dandhengineers.com Phone: 3049855555

10/16/2024 19:11:35 UTC

United States Department of the Interior

FISH AND WILDLIFE SERVICE

West Virginia Ecological Services Field Office 6263 Appalachian Highway

Davis, WV 26260-8061 Phone: (304) 866-3858 Fax: (304) 866-3852

In Reply Refer To:

Project code: 2024-0047951 Project Name: Weston (Curtis) Landslide; WV-7043

Federal Nexus: yes Federal Action Agency (if applicable): Office of Surface Mining Reclamation and Enforcement

Subject: Federal agency coordination under the Endangered Species Act, Section 7 for 'Weston

(Curtis) Landslide; WV-7043'

Dear Michael Blumish:

This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on October 16, 2024, for “Weston (Curtis) Landslide; WV-7043” (here forward, Project). This project has been assigned Project Code 2024-0047951 and all future correspondence should clearly reference this number.

The Service developed the IPaC system and associated species’ determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into the IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northeast Determination Key (DKey), invalidates this Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid.

To make a no effect determination, the full scope of the proposed project implementation (action) should not have any effects (either positive or negative effect(s)), to a federally listed species or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action. (See § 402.17). Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no further consultation with, or concurrence from, the Service is required (ESA §7). If a proposed Federal action may affect a listed species or designated critical

Project code: 2024-0047951 10/16/2024 19:11:35 UTC

DKey Version Publish Date: 08/27/2024 2 of 11 habitat, formal consultation is required (except when the Service concurs, in writing, that a proposed action "is not likely to adversely affect (NLAA)" listed species or designated critical habitat [50 CFR §402.02, 50 CFR§402.13]).

The IPaC results indicated the following species is (are) potentially present in your project area and, based on your responses to the Service’s Northeast DKey, you determined the proposed Project will have the following effect determinations:

Species Listing Status Determination Indiana Bat (Myotis sodalis) Endangered NLAA Round Hickorynut (Obovaria subrotunda) Threatened No effect Snuffbox Mussel (Epioblasma triquetra) Endangered No effect

Conclusion The Service concurs to the above-mentioned determination(s) of may affect, not likely to adversely affect. This concurrence confirms receipt of your agencies coordination required under Section 7(a)(2) of the ESA.

In addition to the species listed above, the following species and/or critical habitats may also occur in your project area and are not covered by this conclusion:

Monarch Butterfly Danaus plexippus Candidate

If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the species identified above. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional consultation with the Service should take place before project implements any changes which are final or commits additional resources.

Please Note: If the Action may impact bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act (BGEPA) (54 Stat. 250, as amended, 16 U.S.C. 668a-d) by the prospective permittee may be required. Please contact the Migratory Birds Permit Office, (413) 253-8643, or PermitsR5MB@fws.gov, with any questions regarding potential impacts to Eagles.

If you have any questions regarding this letter or need further assistance, please contact the West Virginia Ecological Services Field Office and reference the Project Code associated with this Project.

DKey Version Publish Date: 08/27/2024 3 of 11

Action Description You provided to IPaC the following name and description for the subject Action.

1. Name

Weston (Curtis) Landslide; WV-7043

2. Description

The following description was provided for the project 'Weston (Curtis) Landslide; WV-7043':

The project proposes a limit of disturbance of approximately 4.0 acres to repair a landslide created by a refuse pile from Abandoned Mine Land (AML).

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@38.9714127,-80.40785287687024,14z https://www.google.com/maps/@38.9714127,-80.40785287687024,14z https://www.google.com/maps/@38.9714127,-80.40785287687024,14z

DKey Version Publish Date: 08/27/2024 4 of 11

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QUALIFICATION INTERVIEW

As a representative of this project, do you agree that all items submitted represent the complete scope of the project details and you will answer questions truthfully?

Yes Does the proposed project include, or is it reasonably certain to cause, intentional take of listed species?

Note: This question could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered, or proposed species.

No Is the action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part?

Yes Is…