The Sierra Club, Statewide Organizing for Community eMpowerment and the Tennessee Clean Water Network said they reached an agreement with the Tennessee miner on Tuesday and filed it in US District Court in Knoxville outlining that National Coal would stop mining at its Zeb Mountain mine (Mine 7) and Mine 14 within the next 90 days.

The producer also will not cease any new surface mining permits and has agreed to come into compliance with permit limits, pay any penalties for past permit violations and modify its permit for the Zeb mine to include selenium limits on those discharges that do not already have them.

In exchange, the Clean Water Act enforcement suits would be dismissed along with the groups’ administrative permit challenge, and, the three said, they would not pursue claims against National Coal based on violations of the Endangered Species Act at the Zeb mine.

The initial litigation surrounded Clean Water Act violations at three sites, including the two mines and National’s Jordan Ridge refuse disposal area.

At Jordan Ridge, the groups argued National Coal violated the CWA because of discharges of high levels of mining pollution, including selenium, into nearby waterways.

“National Coal’s commitment to stop surface coal mining, like Patriot Coal before them, provides still more confirmation that mountaintop removal mining is not in the best interest of Appalachian communities and is no longer economically viable,” Sierra Club Beyond Coal campaign director Mary Anne Hitt said.

“This settlement is another step on the path towards ending years of destruction on our mountaintops, mining pollution in our waterways and injustice for the people of Appalachia.”

At Zeb and Mine 14, the environmentalists argued National Coal was violating the act by exceeding allowable discharge limits for mining pollution, and that the company would pay $60,000 in penalties to resolve those violations.

The miner also will pay higher “stipulated” penalties if permit limit violations continue.

Sierra Club Tennessee Chapter officials said they were “pleased” to find an end to an issue they had been fighting for a decade.

“This settlement will help ensure that National Coal takes appropriate measures to address unlawful pollution from its Zeb Mountain mine – a victory for all Tennesseans,” the officials said.

National Coal is not the first producer to exit the mountaintop removal mining sector. Late last year Patriot Coal confirmed it would no longer perform MTR mining following its own settlement with the Sierra Club and other environmental groups.