[CITE: DNR v. Invesco Int. Corp. (Prairie), 2
CADDNAR 37 (1985)]
[VOLUME 2, PAGE 37]
Cause #: 84-220R
Name: DNR v. Invesco Int. Corp. (Prairie)
Administrative Law Judge: Lucas
Attorneys: Miller, DAG; Invesco none; Davis, surety
Date: March 6, 1985
ORDER
IT
IS ORDERED this date as follows: Permit 82-8 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 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 82-8 to engage in surface
mining at Prairie Creek, Pit #4 in Daviess County, Indiana pursuant to IC
13-4-3.
4. Invesco has failed to reclaim areas permitted under permit
82-8 in that the following conditions have remained uncorrected since December
1982 when the company abandoned the mine site:
(a) A
breach of a diversion pond located near the north perimeter of the permitted
area has resulted in the contribution of suspended solids to stream flow and
run off outside the permitted area, which is in contravention of the plan of
reclamation, item 14.
(b)
Stockpiles have not been protected from erosion in violation of the plan of
reclamation and the plan of reclamation for prime farmland.
5. Invesco failed to commence reclamation of the affected
areas of permit 82-8 as soon as practicable after initiation of the mining
operations and consistent with the plan of reclamation.
6.
All reclamation equipment was removed from the mining operation before March 5,
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.