BIRMINGHAM, Alabama -- The Birmingham Water Works is returning to court to fight a strip mine planned near a Walker County water intake source.

The utility again is opposing state permission to allow Shepherd Bend LLC, a company owned by Drummond Coal, to begin coal mining at the Shepherd Bend Mine along 1,773 acres on the Mulberry Fork of the Black Warrior River within 800 feet of a Birmingham Water Works intake. A hearing is set Nov. 28 before an administrative law judge in Walker County.

"The Water Works Board wants to make sure that the water supply is going to be safe now and for future years," Water Works General Manager Mac Underwood said this evening. "We have studied this situation and we feel like we are going to put on a good case for how the mine will affect the drinking water quality in the river."

The conflict began when Drummond was granted permission by the state Environmental Management Commission that would allow wastewater discharge from the Shepherd Bend mine into the river near the Water Works' intake.

The utility uses water from the intake to service about 200,000 customers in western Birmingham and Jefferson County.

"This mine is in close proximity to our Mulberry intake which typically provides water to everyone in our system that is west of I-65," Underwood said.

The intake services western parts of Birmingham, portions of downtown, neighboring municipalities and western Jefferson County.

The Water Works argues that the Drummond operation would send sediment and toxic pollutants into the river, harming water quality for its customers.

While the bulk of the land and mineral rights at the site are currently held by the University of Alabama, Underwood said Drummond has already assembled enough private agreements to begin mining. The appeal could eventually be heard by the Alabama Supreme Court.

In addition to the filing, the Water Works is escalating its public opposition by sending thousands of letters to customers serviced by the western area water source alerting them on the pending mining operation.

"The Shepherd Bend permit, as issued, is not protective of our drinking water supply," the letter reads. "...we hope you will join us as one voice that says no to harmful contaminants in your drinking water."

Water Works officials call the forthcoming letters an effort to notify the public of activity that could directly affect them.

"People need to be informed about Shepherd Bend," said board member Sherry Lewis. "Our job is to make sure we put out the best quality. And when you have a company that is supposed to start strip mining near this intake, it has the potential to affect the quality of life for 200,000 people."

Supporters of the mine have said that the river would be protected by a 50-foot buffer and sediment ponds that would allow pollutants to settle before water is released in the river.

In addition, supporters cite about 100 new jobs paying about $6 million a year and $4.5 million in benefits, plus millions in taxes and fees.

Lewis said she understands the need to balance economic development with environmental preservation, but the current conflict leaves no room for compromise.

"Water is life and there is no substitute for water," she said. "The company should move in another area from the water intake. There are some lines you just don't cross and some things you just don't do."