in its appeal from the DEP order entered on January 14, 2002. Reversed and remanded. Chief Justice MAYNARD dissents and reserves the right to file a dissenting opinion. Justices STARCHER and McGRAW concur and reserve the right to file concurring opinions. 1 . Ms. Timmermeyer succeeded Michael O. Callaghan, who was the DEP Secretary during the proceedings below. 2 . See W.Va.Code § 22B-1-9 (1994) (Repl.Vol. 2002). 3 . The permit was issued on November 28, 1995. 4 . See W.Va.Code § 22-3-17(b) (1997) (Repl.Vol. 2002). 5 . Freda Williams, Janice Nease, and Pauline Canterbury. 6 . Under the provisions of West Virginia Code § 22B-l-7(e) (1994) (Repl.Vol.2002), the SMB proceeding is de novo. See Syl. Pt. 2, West Virginia DEP v. Kingwood Coal Co., 200 W.Va. 734, 736, 490 S.E.2d 823, 825 (1997) (<HOLDING>). 7 . Consequently, only the coal refuse
holding appellate court reviews legal conclusions de novo holding that smb reviews dep final decisions de novo and that smb is not required to afford any deference to the dep decision recognizing that appellate court reviews questions of law de novo holding that statutory construction is a question of law which this court reviews de novo holding that in the context of an arbitrability determination the court reviews the contract de novo