[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.