CADDNAR


[CITE: DNR v. 3 States, 1 CADDNAR 61 (1985)]

 

[VOLUME 1, PAGE 61]

 

Cause #: 83-019R

Caption: DNR v. 3 States (Hillsmeyer)
Administrative Law Judge: Lucas
Attorneys: Scherschel, DAG; 3 States none; Smith, surety
Date: March 11, 1985

ORDER

 

The following order is recommended for adoption and issuance by the Natural Resources Commission: IT IS ORDERED this date as follows: Permit 79-178d issued pursuant to IC 13-4-67 to 3 States Trucking, Inc. is revoked.

FINDINGS OF FACT

 

1. The Department of Natural Resources (the "Department') is an agency as the term is defined in IC 4-22-1. The Natural Resources Commission is the ultimate authority of the Department with respect to the subject matter of the administrative action.

 

2. The Natural Resources Commission has jurisdiction over the subject matter and the parties to the action.

 

3. 3 States Trucking, Inc., ("Three States") holds permit 79-178d to engage in surface mining of coal, clay and shale for the year beginning November 29, 1979 at Hillsmeyer Pit in Pike County, Indiana pursuant to IC 13-4-6.

 

4. Three States has failed to comply with the provisions of IC 13-4-6 in that the permittee failed to timely submit a Report of Affected Area for permit 79-178d or to otherwise respond to a Notice of Noncompliance delivered December 8, 1980 to Three States as a result of the failure to submit the report.

 

5. On or before September 24, 1980, Three States removed all reclamation equipment from the mining area. Grading was not then completed nor has the permittee caused grading to be completed subsequently. Three States has failed and neglected to timely respond to a Notice of Noncompliance issued for removal of all reclamation equipment.

 

6. Three States has violated terms of IC 13-4-6-6, and its permit should be revoked as provided in IC 13-4-6-8.