A state judicial board has ruled that UMCO Energy Inc. cannot mine and cause subsidence in Fallowfield, Washington County, that will likely drain and destroy Maple Creek tributaries, no matter how small.

Yesterday's decision by the Pennsylvania Environmental Hearing Board affirms a significant shift in state Department of Environmental Protection policy two years ago that aims to prevent damage to perennial and intermittent streams and springs by mining underneath them.

UMCO, a subsidiary of Maple Creek Mining Inc. that operated the High Quality Mine, argued that it is OK to subside and, in its words, "destroy" streams as long as the damage is mitigated by repairs.

Early in 2004, the company was allowed to do longwall mining under one Maple Creek tributary which quickly subsided, cracking the streambed and draining the stream. It repaired the cracks in the streambed by injecting plastic grout and lining stream channels to help them hold water, which it pumped from nearby wells and purchased from the Charleroi municipal water company.

But in November 2004, the DEP ordered UMCO not to use the longwall machinery in a 3,500-foot-long-by-800-foot-wide horizontal "panel" of coal that is less than 300 feet below another Maple Creek tributary.

The decision by Administrative Law Judge Bernard Labuskes Jr. strongly rejects the company's position, saying it "flies in the face" of the state Clean Streams Law, and affirms that the DEP has the authority to prohibit mining under a stream if the resulting subsidence will diminish the natural stream's flow.

Judge Labuskes wrote that stream augmentation may be acceptable if it is used temporarily to supplement natural flow in anticipation of eventual natural recovery but not as a substitute.

"Pumping city water in perpetuity cannot be said to return what was once a naturally flowing, productive stream to its premining value and reasonably foreseeable uses," Judge Labuskes wrote in the 100-page opinion. "There will be a ditch for the conduction of city water, but there will not be a stream."

Brian Lang, co-chairman of the Fallowfield Land Guard, a local citizens group formed to oppose the mining, said he was pleased with the decision because it protects an important natural resource.

George Jugovic, law staff chairman for Citizens for Pennsylvania's Future, which intervened in the case on behalf of local surface property owners, said the decision supports the need to protect the entire water system -- ponds, seeps, aquifers and shallow ground water -- that are part of a stream's ecosystem.

"This is a powerful statement that the mining company must prevent damage," Mr. Jugovic said. "It cannot expect the agency to allow mining that will harm streams based solely on the company's promise to throw money at the problem after the fact."

Officials at UMCO could not be reached for comment. The company may appeal the decision.

The High Quality Mine was closed in February 2005, idling more than 300 union miners and 175 office workers, with the company citing state regulations prohibiting longwall mining under Maple Creek tributaries and poor mining conditions as reasons.

Mine owner Robert E. Murray ordered it shut rather than use traditional room-and-pillar mining methods to remove coal from the 6-foot-thick Pittsburgh coal seam under the tributaries. He claimed he couldn't mine enough coal to meet contractual obligations if he wasn't allowed to use longwall mining machines, which are more efficient and economical than other deep mining methods.

One issue left unresolved yesterday -- UMCO's allegation that it was treated differently than surface developers who affect stream flows -- will be taken up in a hearing scheduled for Sept. 26 in the board's Pittsburgh courtroom.