According to local newspaper the Courier-Journal, the land in question was not covered by a permit issued to the operator last year. The fines for the violation total $US410,000.

While Alliance Coal officials did not respond to an ILN request for more information by press time, company environmental affairs and permitting manager Rusty Ashcroft told local news outlet the Courier-Journal that it has appealed the citations and intends to appeal the fine as well.

“Warrior Coal has always strived to comply with all applicable environmental law and regulations,” he said.

The newspaper noted that a state policy in Kentucky allows mining where at least two-thirds of affected property owners have given the legal approval to an operator. Mining can commence on this property but only on the areas where permission has been granted.

International Longwall News inquired about the policy and other details from state officials, but a spokesperson said no further information could be released at this time.

“The department cannot comment on the fines until Alliance has confirmed to the cabinet it has received formal notice of the fines,” the representative said.

Another state official, Kentucky Resources Council director Tom Fitzgerald, said it was standing behind the move.

“This is a fairly substantial penalty, and I believe absolutely appropriate,” he told the Courier-Journal.