CADDNAR


[CITE: Great Lakes C. Co. v. Department, 1 CADDNAR 40 (1985)]

 

[VOLUME 1, PAGE 40]

 

Cause #: 82-001R

Caption: Great Lakes C. Co. v. Department
Administrative Law Judge: Shadley
Attorneys: Burke; Spicker, DAG
Date: November 5, 1985

ORDER

 

NOV #N2818-81-40, violation 1 of 2 is modified to add under action required "or replace stockpiled material on graded land".

 

NOV #N2818-81-40, as modified, is affirmed.

 

NOV #N2818-81-40, Violation 2 of 2 is modified to delete under location of violation Pond B4.

 

NOV #N2818-81-40, as modified, as affirmed. Administrative Cause No. 82-001R is dismissed.

 

FINDINGS OF FACT

 

1. On October 20, 1982, Great Lakes Coal Company requested a hearing to review the issuance of Notice of Violation #N2818-81-40.

 

2. Public Law 331, Acts of 1981 applies to this proceeding.

 

3. The Department of Natural Resources is an agency as defined in IC 4-22-1. The Director is the ultimate authority of the Department with respect to this proceeding.

 

4. The Director has jurisdiction over the subject and parties to this action.

 

5. Notice of Hearing was given by certified mail to: see catalogue.

 

6. Also to; see cat.

 

7. An administrative hearing was held pursuant to IC 4-22-1 on August 3, 1983.

 

8. Notice of Violation #N2818-81-40 was issued by an authorized representative of the Director to Great Lakes Unlimited Partnership and mailed to Great Lakes Limited Partnership on August 9, 1982.

 

9. Permit 81-40 was approved by the Natural Resources Commission and issued to Great Lakes Limited Partnership.

 

10. Great Lakes Coal Company operated a surface coal mine in Greene County under the Permit #81-40 issued to Great Lakes Limited Partnership.

 

11. Violation 1 of 2 contained in Notice of Violation #N2818-81-40 cited Great Lakes for failure to protect soil stockpiles from water and wind erosion in Violation of Public Law 331, Acts of 1981, Plan of Reclamation Item 14.

 

12. Plan of Reclamation Item 14 provided that two tons per acre of straw mulch and 25 pounds per acre of rye grass will be applied to all soil stockpiles.

 

13. A subsoil stockpile, containing subsoil removed from prime farmland and from non-prime farmland was stockpiled on the southwestern portion of the affected area.

 

14. The stockpile in question had been in existence since at least June 28, 1982.

 

15. On the date the Notice of Violation was written Great Lakes was not continuing to add soil to this stockpile.

 

16. On the date the Notice of Violation was written Great Lakes did intend to replace the stockpiled materials on graded land within a short period of time.

 

17. On the date the Notice of Violation was written the stockpile was eroded with a gully six inches to one foot deep from the top to the bottom.

 

18. On the date the Notice of Violation was written the stockpile contained only dying weeds as a cover.

 

19. Great Lakes had not applied two tons per acre of straw mulch and 25 pounds per acre of rye grass to the soil stockpile.

 

20. The requirement of the Plan of Reclamation applies to a stockpile which has been in existence for more than 30 days where no soil material is continuing to be added to the pile.

 

21. The abatement action for this violation should have provided for the alternative of replacing the soil on graded land.

 

22. Violation 2 of 2 contained in Notice of Violation #N2818-81-40 cited Great Lakes for failure to stabilize sediment pond embankments and surrounding disturbed area and pond outlets for Pond B2, B3 and B4 in violation of Public Law 331, Acts of 1981, Plan of Reclamation Item 14.

 

23. Plan of Reclamation Item 14 provided that silt basins would be constructed as shown.

 

24. Ponds B2 and B3 were constructed and operating ponds; Pond B4 was under construction.

 

25. The pond designs for Pond B2 and B3 included use of a splash block to prevent discharged water doing damage to the dam.

 

26. Ponds B2 and B3 did not have a splash block.

 

27. The pond design for Ponds B4 required rip rap.

 

28. Pond B4 did not have rip rap.

 

29. Plan of Reclamation Item 14 contained

 

[VOLUME 1, PAGE 41]

 

measures necessary to control erosion and sedimentation resulting from the mining operation.

 

30. Because Pond B4 was under construction and not in use, it was not necessary for the pond to yet comply with the submitted design.