[CITE: DNR v. Dixon Present Coal Co., Inc., 1 CADDNAR 23 (1979)]
[VOLUME 1, PAGE 23]
Cause #: 79-008R
Caption: DNR v. Dixon Present
Coal Co., Inc.
Administrative Law Judge: Finkenbinder
Attorneys: Coraz, DAG; Dixon, none; Hagemier,
(surety)
Date: September 25, 1979
ORDER
The
Natural Resources Commission adopts and issues the following order:
1.
That the following permits to engage in the surface mining of coal issued to
Dixon Present Coal Company, Inc. be revoked: a) Permit #76-128, Pit 1A, b)
Permit #76-120, Cole #1 Pit, c) Permit #77-99A, Coal Ridge Mine Pit;
2.
That pursuant to IC 13-4-6-8 the bonds and certificates of deposit insuring
compliance with the revoked permits be forfeited; and
3.
That the Department through its Division of Reclamation contact the Office of
Attorney General for the purpose of commencing action to collect both forfeited
bonds, and certificates of deposit as well as attempting to collect outstanding
fees and the cost of reclaiming overmined areas for
which no surety has been submitted.
FINDINGS OF FACT
1.
Dixon Present Coal Co., Inc. was issued Permit #76-128 for mine 1A located in
Section 17, T2N, R3W, in Dubois County, Indiana.
2.
On February 24, 1978, Mr. Present of the Respondent company
was sent a letter requesting that overmining fees and
bond for Permit #76-128 be submitted to the Department; this letter was
postmarked received on March 6, 1978.
3.
On July 21, 1978, the Division of Reclamation through its Director issued a
Notice of Non-Compliance to the Respondent charging a failure to submit overmining fees and bond for Permit #76-128 Pit 1A and directing the Respondent to submit $210.00 overmining fee and a $3,760.00 overmining
bond.
4.
The violation set forth in paragraph 3 (above) is a violation of IC 13-4-6-7(d)
as amended.
5.
Respondent was directed to take action to cure said violation by August 21,
1978.
6.
On July 21, 1978, Respondent was sent a Notice of Non-Compliance indicating
that it was in violation of IC 13-4-6-6-(f) in that it had failed to complete
reclamation on the disturbed area under Permit #76-128, Pit 1A, and directing
it to correct that deficiency by October 1, 1978.
7.
Both Notices of Non-Compliance referred to heretofore were served according to
Statute IC 13-4-6-7.
8.
As of June 19, 1979, none of the deficiencies set out in the Notice of Non-Compliance
referred to in paragraph 3 and 6 (above) have been cured.
9.
Dixon Present Coal Co., Inc. was sent (pursuant to IC 13-4-6-7) a Notice of
Non-Compliance which was addressed to the operator at the permanent address
shown on the application for a permit as directed by Statute (IC 13-4-6-7)
certified mail, return receipt requested.
[10. In reviewing the archived records, it could
not be determined whether this finding was omitted in the original decision.]
11.
Said Notice was returned marked "address unknown" by the postal
service.
12.
Said Notice specified the respect in which the operator failed to comply with
the terms of IC 13-4-6-6: Failure to complete reclamation of area affected
under Permit #76-120.
13.
The Notice referred to in paragraph 10 stated that in order to comply the
operator needed to complete reclamation which may have included all necessary
grading work, site preparation, seeding and/or planting of permanent vegetative
cover by June 15, 1979.
14.
As of June 19, 1979, when Timothy Taylor inspected the subject area,
reclamation had not been accomplished in that grading and seeding was not
completed.
15.
Dixon Present Coal Company, Inc. was issued surface mining Permit #77-99A for
Coal Mine Ridge Pit covering Section 15 and 16, T1N, R3W, in Dubois County,
Indiana.
16.
On August 18, 1978, Dixon Present Coal Company, Inc. was sent (pursuant to IC
13-4-6-7) a Notice of Non-Compliance which was addressed to the operator at the
permanent address shown on the application for a permit as directed by statute
IC 13-4-6-7 certified mail return receipt requested.
17.
The postal service indicated on the returned envelope that said Notice was
"refused" by addressee.
18.
Said Notice of August 18, 1978, specified the respect in which the operator
failed to comply with the terms of IC 13-4-6-6(f); Removal of reclamation
equipment before completion of reclamation disturbed under Permit #77-99A.
19.
The Notice of August 18, 1979, stated that in order to comply the operator
needed to return equipment to the permit area (#77-99A) and commence grading
and that the equipment was to remain until the work was completed and approved.
20.
The operator was to comply by September 25, 1978;
[VOLUME 1, PAGE 24]
however, uncontradicted
evidence presented by Mrs. Catherine Lagenour was
that as of August 7, 1979, the equipment had not been returned and reclamation
had not been completed.
21.
The Respondent has failed to remit overmining fee
($210.00) and bond ($3,760.00) with respect to Permit #76-128
(Pit 1A) and has also failed to complete grading and revegetation
of the disturbed area under that permit. The omissions are violations of IC
13-4-6-7(d) and IC 13-4-6-6(f).
22.
The Respondent has failed to grade and vegetate the area
disturbed under Permit #76-120 (Cole #1 Pit); this failure constitutes a
violation of IC 13-4-6-6.
23.
The Respondent has failed to submit report of affected area and map, has
removed his equipment prior to reclamation grading being completed, and has
failed to properly vegetate the affected area with respect to land disturbed
under Permit #77-99A.
24.
The Department has met the requirements imposed upon it by IC 13-4-6-7(f) and
IC 13-4-6-8.