[CITE: DNR v. 3 States Trucking, Inc., 1 CADDNAR
60 (1985)]
[VOLUME 1, PAGE 60]
Cause #: 83-015R
Caption: DNR vs 3 States Trucking, Inc.
Administrative Law Judge: Lucas
Attorneys: Scherschel, DAG; pro se (3 States); Smith,
surety
Date: March 11, 1985
ORDER
It
is ordered this date as follows: Permit 77-57AA and permit 78-77 issued
pursuant to IC 13-4-6 to 3 States Trucking, Inc. are revoked.
FINDINGS OF FACT
1.
The Department of Natural Resources (the "Department") is an agency
as the term is defined in IC 4-22-1. The Natural Resources Commission is the
ultimate authority of the Department with respect to the subject matter of the
administrative action.
2.
The Natural Resources Commission has jurisdiction over the subject matter and
the parties to the action.
3. 3
States Trucking, Inc., ("Three States") holds permits 77-57AA and
78-77 to engage in surface mining of coal, clay and shale for the years
beginning June 1, 1977 and June 12, 1978, respectively, at Weitkamp
Pit #1 in Pike County, Indiana pursuant to IC 13-4-6.
4.
Three States has failed to complete reclamation of all areas permitted and
affected under Permits 77-57AA and 78-77 in that the permittee
has failed and neglected to conform its reclamation activities to the plan of
reclamation submitted by Three States and approved by the Department as Permit conditions.
5.
Three States has removed all reclamation equipment from the mining area. No grading
has been performed since removal of the reclamation equipment in 1982, at which
time grading was incomplete.*
6.
Three States has violated terms IC 13-4-6-6, and its permit should be revoked
as provided in IC 13-4-6-8.
*
Within the last twelve months, substantial reclamation has been performed at
the pit on behalf of the surety, American Druggist Insurance Corporation.
Reclamation is roughly 50% completed, but significant areas will require regrading and reseeding. Bond forfeiture might be deferred
to allow the surety to complete reclamation, but the existing permits in favor
of Three States should be revoked.