[CITE: Squaw Creek Coal v. Department, 2 CADDNAR 27 (1985)]
[VOLUME 2, PAGE 27]
Cause #: 84-170R
Caption: Squaw Creek Coal v.
Department
Administrative Law Judge: Shadley
Attorneys: Joest; Scherschel, DAG
Date: September 27, 1985
ORDER
Notice
of Violation #N40724-S-00009, Violation 3 of 3 is vacated.
FINDINGS OF FACT
1.
On July 31, 1984 Squaw Creek Coal Company requested review of Notice of
Violation #N40724-S-00009, Violation 3 of 3.
2.
IC 13-4.1 and 4-22-1 govern this administrative proceeding.
3.
The Department of Natural Resources is an agency as that term is defined in IC
4-22-1. The Director is the ultimate authority of the Department with respect
to this preceding.
4.
The Director has jurisdiction over the subject matter and parties to this proceeding.
5.
The parties have stipulated to having this cause determined on the basis of the
record formed at the August 6, 1984 Temporary Relief Hearing.
6.
David R. Joest, Attorney for Squaw Creek Coal Company, Peabody Coal Company,
1314 Burch Drive, PO Box 4331, Evansville, Indiana.
7.
Notice of Hearing was also given to: Matthew Scherschel,
Attorney for the Division of Reclamation, Deputy Attorney General, 219 State
House, Indianapolis, Indiana 46204; and Elizabeth Holder, Warrick County
Recorder, Courthouse, Boonville, Indiana 47601.
8.
Notice of Violation #N40724-S-00009, Violation 3 of 3 as issued by an
authorized representative of the Director to Squaw Creek Coal Company in July
24, 1984.
9.
Violation 3 of 3, as modified, cited Squaw Creek for failure to place the soil
stockpiles south of the haul road extension in a stable area in Violation of
310 IAC 12-5-13(b) and permit #00009 Part IV(B)(3).
10.
310 IAC 12-5-13 (b) provides that stockpiled materials shall be selectively
placed on a stable area with the permit area, not disturbed, and protected from
wind and water erosion, unnecessary compaction, and contaminants which lessen
the capability of the materials to support vegetation when redistributed.
11.
Permit 00009, Part IV(b)(3) provides that topsoil stockpiles
shall be situated on stable sites outside of drainage ways within a drainage
way.
12. The
area underneath the topsoil stock pile south of the haul road extension was not
unstable and was not within a drainage way.
13.
The soil stockpile south of the haul road extension was located next to a spoil
pile and spoil had slid off the spoil pile and come into contact with the topsoil
stockpile along approximately 60-100 feet and approximately 4 feet high.
14.
The materials in the spoil pile were not acidic, was
not toxic and was of a quality better able to support vegetation than the
material in the topsoil stockpile.
15.
The topsoil stock pile was not allowed to come into contact with contaminants which
would lessen the capability of the topsoil to support vegetation when
redistributed.