CADDNAR


[CITE: DNR v. 3 States Trucking, 1 CADDNAR 48 (1982)]

 

[VOLUME 1, PAGE 48]

 

Cause #: 82-015R

Caption: DNR v. 3 States Trucking
Administrative Law Judge: Lucas   
Attorneys: Scherschel and Miller, DAG; pro se (3 States); Smith, (Surety)
Date: December 7, 1982

ORDER

 

It is ordered this date as follows: Permit to Engage in Surface Mining Permit, Permit #79-46, is revoked pursuant to IC 13-4-6-8. Upon such revocation, the bond insuring compliance with Permit #79-46 shall be forfeited.

FINDINGS OF FACT

 

1. The Department of Natural Resources ("Department") is an agency of the State of Indiana duly empowered to conduct administrative hearings pursuant to IC 4-22-1.

 

2. 3 States Trucking, Inc. ("3 States") is a corporation with post office address P.O. Box 144, Huntingburg, Indiana 47542 and with agent resident in the State of Indiana being Joseph Clark, as designated by 3 States to the Indiana Secretary of State.

 

3. The Department has jurisdiction over the subject matter and the parties to this administrative action.

 

4. The Department issued to 3 States, Permit to Engage in Surface Mining, Permit #79-46, permitting 37.0 acres in Dubois County, Indiana effective March 30, 1979 and ending March 29, 1980.

 

5. American Druggest Insurance Corporation is surety for compliance by 3 States with Permit #79-46, currently bonding 23.

7 acres of the permitted area at the rate of $1,000.00 per acre.

 

6. No evidence was presented that any acreage in the permitted area was undisturbed, nor was evidence presented that acreage was disturbed by a person other than 3 States.

 

7. By certified mail dated October 27, 1980, the Department issued a Notice of Non-compliance informing 3 States of its failure to complete reclamation as required by IC 13-4-6 with respect to the acreage permitted under Permit #79-46. The Notice specified areas of non-compliance and set December 31, 1980 as the deadline for completion of reclamation.

 

8. On August 17, 1982 the Department inspected the acreage mined by 3 States under Permit #79-46 and found that reclamation had not been completed by the December 31, 1980 deadline stated in the Notice of Non-compliance, nor had 3 States made any effort to complete reclamation. No rough grading has been performed within the acreage mined under permit #79-46.

 

9. 3 States has failed to complete reclamation of the acreage in question as required by IC 13-4-6.

 

10. By its failure to complete reclamation of the acreage disturbed under Permit #79-46, 3 States has violated the provisions and requirements of IC 13-4-6. 

 

11.  The Department has met all obligations imposed upon it by IC 13-4-6.