The state Surface Mine Board overturned a permit for ICG’s Tygart Valley No. 1 mine on the grounds that its water treatment plan was inadequate and did not consider possible acid drainage in the proper manner. The Department of Environmental Protection had already approved the plan submitted by the operator.

“We are obviously disappointed by the Surface Mine Board’s decision, and will be closely reviewing the ruling to determine the best course of action to address their concerns,” ICG senior vice-president of mining services Gene Kitts said in an interview with ILN.

He said the company believed the plan to be “environmentally responsible” and in compliance with both state and federal requirements.

“That makes us confident that the perceived deficiencies in the WVDEP mining permit can be appropriately resolved and that development of our planned Tygart No. 1 underground mine can proceed,” Kitts said.

“The immediate impact of this decision on the site work now underway is not clear so we have asked the board for clarification.”

The Taylor County operation is planned to be a single face longwall mine that will employ about 350 at full production. At an anticipated 3.5 million tons of metallurgical and bituminous coal annually, Tygart Valley’s life expectancy would be about 15 years.

ICG told ILN its expected date of production commencement was set for 2009 before the board overturned the permit.

Meanwhile, an environmental group in the region told the Associated Press that the state officials’ decision was a positive move.

“These deep mines in the acidic areas are really time bombs waiting to happen," said West Virginia Highlands Conservancy mining chair Cindy Rank.

“We really have to prevent acid mine drainage from happening, not try to clean it up later."

This appeal is the second in the story of Tygart Valley: the Office of Surface Mining board also rejected a permit about a year ago for the mine and ordered new information be provided by ICG to the DEP on water quantity and quality, the AP said.

ICG did not comment to ILN regarding the previous permitting issues or provide details on its plans for moving ahead on Tygart’s current pending permit.