[CITE: DNR v. Will Construction Company, Inc., 1 CADDNAR 46 (1982)]
[VOLUME 1, PAGE 46]
Cause #: 82-008R
Caption: DNR v. Will
Construction Company, Inc.
Administrative Law Judge: Clayton
Attorneys: Kunz; Scherschel, DAG; Joyce, (Surety)
Date: May 26, 1982
ORDER
...[P]ermit to
engage in surface mining, permit 79-18A, Millersburg pit, Warrick County issued
to Will Construction...[is] revoked...Pursuant to IC 13-4-6-8 the appropriate
security compliance with IC 13-4-6-1 et
seq. [is] ...forfeited.
FINDINGS OF FACT
1.
The Department of Natural Resources is an agency of the state of Indiana duly
empowered to conduct administrative hearings pursuant to IC 4-22-1-1 et. seq.
2.
The department has jurisdiction over both the subject matter of and the parties
to this cause.
3.
The department issued to respondent, permit to engage in surface mining, 79-18
for the Millersburg pit in Warrick County, Indiana.
4.
Said permit 79-18, permitting 18.2 acres was effective on January 26, 1979 and
terminated January 25, 1980.
5.
Said permit 79-18 was amended on April 25, 1979 increasing the number of acres
permitted by 23.0 acres and amending the permit number to 79-18A.
6. A
total of 16.5 acres were distributed by respondent under permit 79-18A.
7.
By letter dated March 26, 1979, the department notified respondent that
September 1, 1981 was set as the deadline for completion of seeding of the
site.
8.
By certified letter dated September 30, 1981, the department issued to
respondent a notice of noncompliance which specified the area of noncompliance
as failure to complete grading as soon as practicable after the deposit of
overburden.
9.
Said notice of noncompliance states that respondent must complete grading of
the affected area and seed the area with an approved cover crop to inhibit erosion
by October 30, 1981.
10.
Inspection of the site by helicopter by Tim Taylor on March 1, 1982 revealed
that respondent failed to complete reclamation by October 30, 1981 deadline.
11. There
is no evidence that respondent has done any further reclamation on the
permitted site since March 1, 1982 inspection.