[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.