[CITE: DNR v. Imperial Mining Co., Inc., 1 CADDNAR 25 (1981)]
[VOLUME 1, PAGE 25]
Cause #: 79-019R
Caption: DNR v. Imperial
Mining Co., Inc.
Administrative Law Judge: Clayton
Attorneys: Scherschel, DAG; Winchell; Smith, (Surety)
Date: March 9, 1981
ORDER
The
Natural Resources Commission adopts and issues the following Order:
1)
That the following permits to engage in the surface mining of the coal issued
to Imperial Mining Co., Inc., be revoked,
a)
Permit #77-14, (the "Schaeffer Pit").
b)
Permit #77-15, (the "Ficker Pit").
2)
That pursuant to IC 13-4-6-9 the bonds insuring compliance with the revoked
permits be forfeited.
FINDINGS OF FACT
1.
The Respondent was issued #77-14 (the "Schaeffer Pit”) and Permit
#77-15 (the "Ficker Pit"), both in Spencer
County, Indiana in January, 1977.
2.
By certified mail dated April 2, 1979, Timothy Taylor, as head of the Enforcement
Section, advised the Respondent that reclamation of the Schaeffer and Ficker Pits had not been accomplished in accordance with IC
13-4-6-6(f) and set the following deadlines: June 1, 1979, return grading
equipment to both sites and continue grading. August 1, 1979, complete grading
on both sites. September 15, 1979, complete seeding of both sites.
3.
On July 5, 1979, the Division of Reclamation issued to Respondent, by certified
mail, Notices of Non-Compliance as to both the Schaeffer and Ficker Pits, indicating that Respondent was in violation of
IC 13-4-6-6(f) as to both pits by September 15, 1979.
4.
Inspection of the Schaeffer and Ficker Pits by
Timothy Taylor on September 18, 1979, established that Respondent had not
corrected the deficiencies set out in the Notices of Non-Compliance dated July
5, 1979, referred to in paragraph 3 above.
5.
The hearing of this cause on August 27, 1980, was continued at the request of
the Respondent in order to afford Respondent an opportunity to resolve certain
problems Respondent was experiencing with OSM (Office of Surface Mining).
6.
Respondent notified the undersigned by telephone that he waived his right to
any further hearing of this cause on November 5, 1980.
7.
Respondent has failed to complete reclamation with respect to Permit #77-14
(the "Schaeffer Pit") and Permit #77-15 (the "Ficker Pit") and each such failure constitutes a
violation of IC 13-4-6-1, et seq and
specifically IC 13-4-6-6(f).
8.
The Department has met all requirements imposed upon it by IC 13-4-6-1, et seq.