ORDER
Earl Buckley's petition for review of floodway construction permit FW-16,502 is hereby dismissed. The issuance of floodway construction permit FW-16,502 is affirmed.
FINDINGS OF FACT
1. The Indiana Department of Natural Resources ("DNR") is an agency within the meaning of IC 4-21.5.
2. IC 4-21.5 and IC 14-28 apply to these proceedings.
3. The DNR is the state agency responsible for regulating floodways within the state.
4. On February 23, 1995, the DNR issued floodway construction permit FW-16,502 ("Permit") to the Lake County Highway Department.
5. On February 28, 1996, notices of the approval were distributed.[FOOTNOTE 1]
6. On June 21, 1996, Earl Buckley ("Buckley") filed a petition for administrative review.
7. On July 18, 1996, the DNR filed a motion to dismiss.
8. The Natural Resources Commission ("NRC") is the ultimate authority within the meaning of IC 4-21.5 over matters involving floodway construction permits.
9. The sole issue raised by the DNR was the failure to file a timely appeal.
10. Buckley has filed a number of pleadings since July 18, 1996, but none of the papers are responsive to the procedural issue involved and nowhere has he provided any information in the way of justification or excuse.
11. IC 4-21.5-3-7(a)(2) requires a petition for review to be filed within 15 days of notice of an agency action.
12. IC 4-21.5-3-2 grants an additional three days for mailing.
13. To initiate a valid review of the permit, Buckley needed to file within 18 days after notice was given of the approval or provide a legal justification or excuse for not filing within the allowable time frame.
14. Buckley filed three months after notice was given and has not provided any legal justification or excuse.
15. The motion to dismiss should be granted.
FOOTNOTE
1 No reason was presented by the DNR for the one year delay.