[CITE: DNR v. 3 States Trucking, 1 CADDNAR 49 (1982)]
[VOLUME 1, PAGE 49]
Caption: 82-016R
Name: DNR v. 3 States
Trucking
Administrative Law Judge: Lucas
Attorneys: Scherschel and Miller, DAG; pro se (3
States); Smith (Surety)
Date: December 20, 1982
Order: It is
ordered this date as follows: Permit to Engage in Surface Mining Permit, Permit
#79-164 and Permit to engage in surface mining, Permit 80-135 are revoked
pursuant to IC 13-4-6-8.
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
#79-164, permitting 40.0 acres in Dubois County, Indiana effective October 1,
1979 and ending September 30, 1980.
5.
The Department issued to 3 States, Permit to Engage in Surface mining, Permit
80-135, permitting 23.5 acres in Dubois County, Indiana effective October 24,
1980 and ending October 23, 1981.
6.
By certified mailings dated February 9, 1982, the Department issued Notices of
noncompliance informing 3 States of its failure to complete reclamation as
required by IC 13-4-6 with respect to acreage permitted under Permit 79-164 and
Permit 80-135. The notices specified areas of noncompliance and set May 15,
1982 as the date by which 3 States was to
a)
complete grading to the approximate original contour; and
b) implement and maintain proper drainage control. May 31, 1982
was set as seed mixture, and to lime and fertilize those areas.
7.
On August 17, 1982 the Department inspected the acreage mined by 3 States under
Permit 79-164 and under Permit 80-135 and found in
both instances that reclamation had not been completed by the May, 1982
deadlines stated in Notices of Compliance, nor had 3 States made significant
effort to complete reclamation. The only progress toward reclamation was the
performance of rough grading on a small portion of the affected areas.
8. 3
States has failed to complete reclamation of the acreage in question as
required by IC 13-4-6.
9.
By its failure to complete reclamation of the acreage disturbed under Permit
79-164 and under Permit 80-135, 3 States has violated the provisions and
requirements of IC 13-4-6.
10.
The Department has met all obligations imposed upon it by IC 13-4-6 relating to
revocation of Permit #79-164 and Permit #80-135.