[CITE: DNR v. S.G.T. Partnership, 1 CADDNAR 28 (1981)]
[VOLUME 1, PAGE 28]
Cause #: 80-020R
Caption: DNR v. S.G.T.
Partnership
Administrative Law Judge: Clayton
Attorneys: Scherschel, DAG; none; Hagemier, surety
Date: July 23, 1981
ORDER
The
Natural Resources Commission adopt and issue the
following Order:
1)
That the following Permits to Engage in Surface Mining of Coal be revoked:
(a) permit #76-106, Lady Anne #1 Pit,
(b) permit #77-154, Lady Anne #1 Pit.
2)
That pursuant to IC 13-4-6-8, the appropriate bonds, cash or other securities
insuring compliance with the revoked permits be forfeited.
FINDINGS OF FACT
1. The
Natural Resources Commission of the State of Indiana is an agency of the State
of Indiana duly empowered to hold administrative hearings to determine whether
a permit to engage in surface mining should be modified, suspended or revoked
and to issue such order as may be indicated by the circumstances.
2.
The Natural Resources Commission has jurisdiction over both the subject matter
of, and the parties to this action.
3.
Respondent was issued a permit to engage in surface mining on September 24,
1976, Permit #76-106 for Lady Anne #1 Pit, effective October 1, 1976 and
terminating September 30, 1977.
4.
Respondent was issued a permit to engage in surface mining on November 17,
1977, Permit #77-154 for Lady Anne #1 Pit, effective October 1, 1977 and
terminating September 30, 1978.
5.
On December 13, 1979, Timothy Taylor, as Head of the Enforcement Section,
issued to the Respondent a Notice of Non-Compliance as to Permit
#76-106 and Permit #77-154, by certified mail, return receipt requested, which
receipt was received by the Department on December 24, 1979.
6.
Said Notice of Non-Compliance specified the areas of Non-Compliance as follows:
a)
Failure to complete grading consistent with land-use objectives stated in the
plan of reclamation submitted by the operator and approved by the Commission.
b)
Failure to dispose of refuse and debris resulting from the mining operation.
c)
Failure to complete grading prior to the removal of reclamation equipment from
the mining operation.
d)
Failure to revegetate the affected area as soon as
practicable following the mining operation.
7.
Said Notice of Non-Compliance specified the actions needed for compliance and
directed that the Non-Compliances be corrected by the following deadlines: (a)
(b) and (c) in 6 above, May 15, 1980 - and (d) in 6 above, June 15, 1980. 8.
Inspection of the Lady Anne Pit #1 by Timothy Taylor on June 18, 1980
established that Respondent had not corrected the violations specified in the
December 13, 1979 Notice of Non-Compliance.
9.
As of the date of hearing, Respondent had not corrected said violations.
10.
After hearing held pursuant to IC 13-4-6-7 and 8 and IC 4-22-1, it is the
conclusion of the undersigned that the Respondent, S.G.T. Partnership has
failed to complete reclamation as required by IC 13-4-6, as to Permit #76-106
and Permit #77-154.