CADDNAR


[CITE: DNR v. Millis Mining Company, 1 CADDNAR 27 (1981)]

 

[VOLUME 1, PAGE 27]

 

Cause #: 80-019R

Name: DNR v. Millis Mining Company
Administrative Law Judge: Clayton  
Attorneys: Scherschel, DAG; Millis, pro se
Date: July 23, 1981

ORDER

 

...The Natural Resources Commission adopts and issues the following Order:

 

1. That Permit to Engage in the Surface Mining of Coal, Permit #75-103 be revoked.

 

2. That pursuant to IC 13-4-6-8, the appropriate bonds, cash or other securities insuring compliance with the revoked permit be forfeited.

FINDINGS OF FACT

 

1. The Natural Resources Commission of the State of Indiana is an agency of the State of Indiana duly empowered to hold administrative hearings to determine whether a permit to engage in surface mining should be modified, suspended or revoked and to issue such order as may be indicated by the circumstances.

 

2. The Natural Resources Commission has jurisdiction over both the subject matter of, and the parties to this action.

 

3. Respondent was issued a permit to engage in surface mining Permit #75-103 for Coalgate Pit, effective November 1, 1975, and terminating October 31, 1976.

 

4. On February 1, 1977, Timothy Taylor, as Head of the Enforcement Section, issued to the Respondent a Notice of Non-Compliance as to Permit #75-103, by certified mail, return receipt requested, which receipt was received by the Department.

 

5. Said Notice of Non-compliance specified the areas of Non-Compliance as follows:

 

(a) Removal of reclamation equipment from mining operation Permit #75-103;

(b) Failure to grade area affected under Permit #75-103; and

(c) Failure to file Report of Affected Area and may of affected area under Permit #75-103.

 

6. Said Notice of Non-Compliance specified the actions needed for compliance and directed that the Non-Compliance specified the actions needed for compliance and directed that the Non-Compliance be corrected by April 1, 1977.

 

7. Inspection of the area affected by Permit #75-103, by the Department on April 5, 1977, established that Respondent had not corrected the violations specified in the February 1, 1977, Notice of Non-Compliance.

 

8. As of the date of hearing, Respondent had not corrected said violations.

 

9. Respondent sold the coal mining operation affected by Permit #75-103 after such permit issued to Respondent, but such Sale does not affect Respondent's responsibility for reclaiming the permitted area.

 

10. After hearing held pursuant to IC 13-4-6-7 and IC 13-4-6-8 and IC 4-22-1, it is the conclusion of the undersigned that the Respondent, Millis Mining Company has failed to complete reclamation as required by IC 13-4-6, as to Permit #75-103.