[CITE: DNR v. Cowden Coal Co., 1 CADDNAR 5 (1977)]
[VOLUME 1, PAGE 5]
Cause #: 77-010R
Caption: DNR v. Cowden Coal
Co.
Administrative Law Judge: Shanks
Attorneys: Not Available
Date: July, 1977
ORDER
It
is ordered that no action be taken to suspend the Respondent's Permit #76-116
for a period of ninety (90) days pending application for a permit by Black Roc.
In the event, Black Roc does not make application and such permit is not
granted by the Commission within such period, the Respondent's Permit #76-116
should be suspended until proper reclamation has been achieved in the affected
area.
FINDINGS OF FACT
1. IC
13-4-6-6(f) provides: "The operator shall commence the reclamation of the
affected area as soon as practicable after initiation of mining operations and
consistent with the approved plan of reclamation, provided however, that
grading requirements as set forth in the reclamation plan and described in
section 6 (a) [subsection (a) of this section] shall be carried out as soon as
practicable after deposit of the overburden and prior to removal of reclamation
equipment from the mining operation. Commencement of revegetation
as set forth in the revegetation plan shall begin as
soon as practicable following the mining operation. Approval of the revegetation plan by the Director shall be contingent upon
the physical and chemical condition of the cast overburden."
2.
IC 13-4-6-7(f) provides: "If the Director finds that any of the
requirements of this act or of the rules or regulations adopted pursuant
thereto or of any order of the Director or the Commission have not been
complied with within the time limits set by the Director or the Commission or
by this act [13-4-6-1 - 13-4-6-13], the Director shall cause a notice of
noncompliance to be served upon the operator. Every notice of noncompliance
shall be served by registered mail addressed to the permanent address shown on
the application for permit, and shall specify in what respects the operator has
failed to comply with this act or the regulations or orders of the Director or
the Commission. If the operator has not reached an agreement with the Director
or otherwise complied with the requirements set forth in the notice of
noncompliance within time limits set therein, the Director shall advise the
Commission and a hearing shall be held to determine whether the permit of the
operator should be modified, suspended or revoked."
3.
On or about October 15, 1976, the Respondent was granted Permit #76-116.
4. On or about November 1, 1986, the Respondent removed
reclamation equipment from the permitted premises under Permit #76-116.
5.
On or about December 22, 1976, the Respondent was served with a Notice of
Noncompliance pursuant to IC 13-4-6-7(f) and directed to return the reclamation
equipment by February 1, 1977.
6.
On February 1, 1977 and March 1, 1977, the site was inspected by the Division
of Reclamation and no equipment had been returned.
7.
The Respondent, by virtue of the above, violated IC 13-4-6-6(f) and IC
13-4-6-7(f), for which his permit may be suspended by the Commission.
8.
Black Roc International, Inc. of Trenton, Georgia is a licensee of the
Respondent, and has begun operations on the permitted premises.
9.
On or about March 22, 1977, reclamation equipment was returned to the subject site.
10.
The Respondent has made application for an amendment to Permit
#76-116 to include additional area.
11. Black
Roc desires to assume the permit of and responsibilities of operating the
subject site for and on behalf of the Respondent, or in the alternative, to be granted
a permit for the same area, by agreement with the Respondent, and subsequently
the Respondent's permit be terminated.