Big Fork Mining Co. v. Tennessee Water Quality Control Board

OPINION

CONNER, Judge.

(Filed with concurrence of participating judges).

This is an action contesting a decision of the Tennessee Division of Water Quality Control denying the plaintiff-appellant, 1 Big Fork Mining Company, a water discharge permit.

Big Fork, engaged in the business of strip mining, applied to the Tennessee Division of Water Control (hereafter division) for a National Pollutant Discharge Elimination System (NPDES) permit into the North Chick-amauga Creek in conjunction with its plans to mine coal on certain property in Sequat-chie County, Tennessee. After a public hearing on the…