An Athens Environmentalist is fighting the development of a new coal mine because he says it will destroy an already fragile creek. But industry officials and the Ohio Environmental Protection Agency disagree.

An Ohio State Appeals panel will have to settle the dispute between Buckingham Mining and Athens Environmentalist Chad Kister.

Kister is challenging a waste-water permit granted to Buckingham last December by the Ohio EPA. The waste-water permit is good for up to five years, but the EPA can require a review before then. The court date for Kister's suit is set for April 2000.

The coal mine, which will be northeast of Glouster in Trimble Township, is only one step away from breaking ground, but Kister is standing in the way.

"There are coal mines all over Ohio," Kister said. "We have to prioritize our natural resources."

Kister's main concern is Sunday Creek, which flows from the northern part of Athens County to the Hocking River.

"Coal mining causes severe toxic pollution and has killed Sunday creek," he said. "(The creek) is slowly recovering from mining decades ago. A new mine would set back the recovery of the creek by decades more."

Buckingham Mining refused to comment.

Mike Carey, president of the Ohio Coal Association, said from what he can tell, the water discharging into the creek from the mine treatment center will be cleaner than the water in the creek right now.

Linda Oros, Ohio EPA spokesperson, said that without actual samples of treated water and creek water, there is no way to prove one is cleaner for sure. But, in theory, the treated water most likely will be cleaner than existing creek water, she added.

"What is in the creek now has acid mine drainage in it, and (Buckingham) will have to clean what they are discharging to federal standards," she said.

Testing involves checking the pH, removing iron, manganese and suspended solids, she said.

Carey, of the Ohio Coal Association, said the mines being developed now are more environmentally conscious than decades before.

"When you see the terrible effects on the environment, you are looking at mines from years gone by," he said. "We have put into place laws at the federal and state levels to protect the environment. There are a lot of programs to clean up the old mines and we are supportive of those."

The new mine will be a slope mine covering 738.6 acres underground and 53.2 acres above ground. A slope mine goes into the ground at an angle and is used for access to the underground area, according to the mining permit.

Carey said this is an effective way to mine and has minimal impact on the surface.

Mike Dillman, an Ohio Department of Natural Resources geologist, said the mining permit is good for five years. Then the company has to apply to renew the permit.

The Department of Natural Resources considers environmental concerns before issuing mining permits, Dillman said.

"The company had to submit a detailed plan of how they plan to prevent adverse affects (to the environment)," he said. "It is a fairly extensive process."

The mine could be economically beneficial, especially for the areas surrounding Glouster.

Carey said according to studies done on coal mining effects on the economy, one coal mine job can result in additional jobs for the area.

"Anytime you have employment coming into an area with spin-off jobs, you are affecting the local economy positively," he said.