CADDNAR


[CITE: DNR v. 3 States Trucking, Inc., 1 CADDNAR 47 (1982)]

 

[VOLUME 1, PAGE 47]

 

Cause #: 82-014R

Caption: DNR v. 3 States Trucking, Inc.
Administrative Law Judge: Lucas
Attorneys: Miller, DAG; 3 States none; Smith, surety
Date: November 24, 1982

ORDER

 

IT IS ORDERED this date as follows:

 

Permit to Engage in Surface Mining, Permit #78-207A, is revoked pursuant to IC 13-4-6-8. Upon such revocation, the bond insuring compliance with Permit #78-207A shall be forfeited.

FINDINGS OF FACT

 

1. The Department of Natural Resources ("Department") is an agency of the State of Indiana duly empowered to conduct administrative hearings pursuant to IC 4-22-1.

 

2. 3 States Trucking, Inc. ("3 States") is a corporation with post office address P.O. Box 144, Huntingburg, Indiana 47542 and with agent resident in the State of Indiana being Joseph Clark, as designated by 3 States to the Indiana Secretary of State.

 

3. The Department has jurisdiction over the subject matter and the parties to this administrative action.

 

4. The Department issued to 3 States, permit to Engage in Surface Mining, Permit #78-207, permitting 33.0 acres in Dubois County, Indiana effective December 20, 1978 and ending December 19, 1979. Subsequently, 23 acres were added to the permit by Amendment #1, and the issuance redesignated as Permit #78-207A.

 

5. American Druggist Insurance Corporation is surety for compliance by 3 States with Permit #78-207A, currently bonding 49.6 acres of the permitted area at the rate of $1,000.00 per acre.

 

6. No evidence was presented that any acreage in the permitted area was undisturbed, nor was evidence presented that acreage was disturbed by a person other than 3 States.

 

7. By certified mail dated October 27, 1980, the Department issued a Notice of Non-Compliance informing 3 States of its failure to complete reclamation as required by IC 13-4-6 with respect to the acreage permitted under Permit #78-207A. The Notice specified areas of non-compliance and set December 31, 1980 as the deadline for completion of reclamation.

 

8. On August 17, 1982 the Department inspected the acreage mined by 3 States under Permit #78-207A and found that reclamation had not been completed by the December 31, 1980 deadline stated in the Notice of Non-Compliance, nor had 3 States made significant effort to complete reclamation. Rough grading was incomplete and inadequate provision was made for drainage. Topsoil stockpiles had become severely eroded. Coal waste was left on the surface at the former location of the mine tipple.

 

9. 3 States has failed to complete reclamation of the acreage in question as required by IC 13-4-6.

 

10. By its failure to complete reclamation of the acreage disturbed under Permit #78-207A, 3 States has violated the provisions and requirements of IC 13-4-6.

 

11. The Department has met all obligations imposed upon it by IC 13-4-6.