[CITE: DNR v. Invesco Int. Corp. (Raglesville), 2 CADDNAR 36 (1985)]
[VOLUME 2, PAGE 36]
Cause #: 84-217R
Capton:
DNR v. Invesco Int. Corp. (Raglesville)
Administrative Law Judge: Lucas
Attorneys: Miller, DAG; Invesco, none; Davis, surety
Date: March 6, 1985
ORDER
Permit
81-136 issued pursuant to IC 13-4-6 to Invesco
International Corporation of Alabama No. 5 is 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 this Administrative Action.
2. The
Natural Resources Commission has jurisdiction over the subject matter and the
parties to this action.
3. Invesco International Corporation of Alabama No. 5 ("Invesco") holds permit 81-136 to engage in surface
mining at the Raglesville Mine in Daviess County,
approximately one half mile south of Raglesville,
Indiana pursuant to IC 13-4-6.
4. Invesco has filed to reclaim areas permitted under permit
81-136 in that the following conditions have remained uncorrected since at
least the summer of 1982 when the company abandoned the mine site: (a) Sediment
control structures have not been constructed and maintained to prevent
additional contributions of suspended solids to stream flow and run-off outside
the permitted area, which violates item 14 of the plan of reclamation.
5. Invesco has filed to commence reclamation of the affected
areas of permit 81-136 as soon as practicable after initiation of the mining
operations and consistent with the approved plan of reclamation.
6.
All reclamation equipment was removed from the mining operation before March
1983 at which time grading of the affected area was incomplete.
7. Invesco has violated terms of IC 13-4-6-6, and its permit
should be revoked as provided in IC 13-4-6-8.