Maple Creek Mining Co. has laid off 470 employees and closed its High Quality Mine in Fallowfield, Washington County, following the state's denial of the company's request to allow it to mine under and subside a small creek.

Miners ending their night shift at 3 a.m. yesterday were told the mine would cease operations indefinitely, and employees reporting for the morning shift were told to go home. The closure affects 365 union miners and approximately 100 salaried workers.

The company said continued operation was "not feasible" given the restrictions on mining below the stream, and claimed the closing was "forced" by the state Department of Environmental Protection.

Frank Matras, Maple Creek's vice president and general manager, said there is no scientific basis for the denial of the mine permit change.

"Maple Creek has complied with all laws and regulations relative to stream subsidence mitigation," Matras said. "In addition, the company and its owners have offered to go way beyond the requirements of the law ... but the DEP will not give Maple Creek the opportunity to implement these plans."

At issue is whether Maple Creek should be able to undermine and subside the stream, damaging and diminishing the flow of water, then attempt to repair the damage. The DEP says state and federal laws and regulations prohibit activities that would damage or disturb the stream.

The requested permit change was denied Thursday by the DEP, which said the company failed to demonstrate it could protect the stream when it undermined a different section of that Maple Creek tributary earlier this year.

Longwall mining damaged that section of the stream, causing it to lose water. The Pittsburgh coal seam is less than 200 feet below the surface in the next area scheduled for mining -- about 50 feet closer to the surface than it was in the last mining section, called a "panel."

Because the coal seam is shallower and because of other geological conditions, the DEP determined that the stream is likely to be damaged by subsidence caused by longwall mining, a full extraction technique that removes most of the coal from a seam and causes homes, roads, bridges, utility lines, water supplies and streams to subside by as much as four feet.

The DEP told the company it could still mine under the creek but must use a room and pillar technique in that 500-foot section of its 3,500-foot-long by 800-foot-wide longwall panel. That would leave sufficient coal to support the creek.

"Their mining permit stipulated there could be no subsidence of the stream. They asked for a change and we denied that," said Kurt Knaus, DEP spokesman. "They still have a permit to mine under the stream using techniques that won't cause subsidence and damage."

Steve Cohen, a mining company spokesman, said switching from the longwall mining technique to the room and pillar method and back again would take time and cost money.

"Maple Creek cannot afford to dismantle the longwall," he said. "Customer orders will be canceled for failure to deliver. It's the shutdown of operations to comply with DEP that totally disables the operation."

Knaus said the DEP mining bureau has met with the mining company for several months and told the company that it would have to apply for a Section 105 dams and waterways permit if it wanted to mine in a way that is likely to damage the stream flow. Such a permit requires a 60-day public comment period. The company originally applied for such a permit and then withdrew its application.

Company representatives met with DEP mining office officials in Harrisburg yesterday afternoon for about two hours to discuss the denial. Knaus said the meeting was informational and resulted in no changes in the DEP position.

UMCO/Maple Creek Mining Inc. is a subsidiary of Murray Energy Corp., owned by Robert E. Murray, who has mine holdings in Pennsylvania, Ohio, Kentucky, Illinois and Utah.

The original permit for the Maple Creek Mine was granted to U.S. Steel Corp. in the early 1990s, which closed the mine in 1994 and sold it to Murray. He reopened the mine in 1995.

Murray applied for a revised mining permit in 2000 that would allow use of longwall equipment. The DEP granted that permit revision in 2002 but included "no-subsidence zones" under the streams.

"They knew there was a stream there and they've known about the restrictions for years," said Karl Lasher, a DEP Mining Bureau spokesman. "We've been telling them for months they have to address this, but they asked us to take out the no-subsidence zones altogether."

The five-year state permit for the High Quality Mine expired June 8, but the company had applied for a renewal and, as is standard state practice, was allowed to continue operations while a review of the new permit is under way.

The DEP estimates that by shutting the mine, the company is walking away from mining 1,300 acres in the Pittsburgh seam containing 10 million tons of coal.

The mine shutdown occurred as the longwall operation was finishing up the mining panel known as 4-East, and moving its longwall machine to the adjacent 5-East panel.

Ed Begovich, United Mine Workers of America district executive board member, said the union is hopeful the mine closure is temporary but is troubled by the timing.

"Timing is critical when you're moving longwall equipment from one panel to the next," Begovich said. "To stop during that process bothers me."

Begovich said the High Quality Mine was already having problems with roof conditions and wetness as it developed the 5-East panel and switching mining techniques would not only be costly but potentially dangerous for miners.

"It would require a major revision in the mining plan and ventilation, plus cost a lot of time," he said. "It may not be feasible to room and pillar that area."

Begovich said that if the mining company intends to shut the mine permanently, it must give the union 60 days notice. It hasn't done that.