Trinity Coal Partners wants to help build part of the King Coal Highway in Mingo County.
The Milton based company would use material left over from its mountain top removal project to build the road bed for a 12 mile stretch.
In return, the company would write it off as a charitable deduction to the tune of $21-million a year for the life of the mine.
Also the state would have to move the highway to the mine site, then construct the highway when the mining project is completed.
The company is waiting to here from the IRS to see if they will receive the deduction.
Trinity has already completed a mile of the road bed.
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