Waco, which operates limestone quarries in Pocahontas County, filed the appeal Friday in Kanawha County Circuit Court in Charleston.

The company wants to overturn a ruling by the Surface Mine Board.

The board has twice upheld the Department of Environmental Protection's decision to refuse to issue a mining permit to Waco for a 76-acre quarry along state Route 39 near Huntersville.

Area residents have maintained that the project would harm Knapps Creek, a popular trout stream and Marlinton's water source. They also say it would be an eyesore and would adversely affect tourism.