[CITE: Peabody v. Department Nat. Resources, 2 CADDNAR 30 (1985)]
[VOLUME 2, PAGE 30]
Cause #: 84-172R
Caption: Peabody v.
Department Nat. Resources
Administrative Law Judge: Shadley
Attorneys: Joest; Spicker, DAG
Date: May 17, 1985
ORDER
It
is adjudged and ordered, that Notice of Violation N40726-S-00020 is affirmed.
FINDINGS OF FACT
1.
The Director is included in the definition of the word agency, as used in IC 4-22-1-2,
and is duly empowered to conduct administrative hearings pursuant to IC 4-22-1.
2. Peabody
Coal Company is a company licensed to do business in Indiana, with an address
at 20 Northwest First Street, PO Box 1112, Evansville, Indiana 47706.
3.
In a petition filed with the Department on August 6, 1984, Petitioner requested
administrative review of Notice of Violation N40726-S-00020.
4.
An administrative hearing on this cause was heard on September 13, 1984.
5.
Petitioner admitted at the hearing that it had failed to place man-made
markers, such as colored ribbons on some of the geographic boundaries of Permit
S-00020.
6.
The existence of markers to delineate permanent program bonded areas from
interim permit areas or areas not to be mined is essential to the efficient
exercise of inspection duties of compliance inspectors of the DOR; since
different reclamation performance standards exist for permanent and interim permit
areas and different bond amounts are placed on interim and permanent areas.
7.
The Lynnville mine area is an irregularly-shaped area which contains several
"windows" of interim permit areas surrounded by permanent permit
areas.
8.
The distinction between interim, permanent and non-mining areas within the
Lynnville mine is not evident in all locations even with a Peabody-prepared
bonding map.
9. The
existence of areas such as haul roads and power lines is not marking of
boundaries.
10.
310 IAC 12-5-6(b) requires that permit boundaries be clearly marked.
11. The permit boundaries were not clearly
marked.