CADDNAR


[CITE: DNR v. 3 States Trucking, Inc., 1 CADDNAR 62 (1985)]

 

[VOLUME 1, PAGE 62

 

Cause #: 83-020R

Caption: DNR v. 3 States Trucking, Inc.
Administrative Law Judge: Lucas
Attorneys: Scherschel, DAG; pro se (3 States); Smith
Date: March 7, 1985

ORDER

 

It is ordered this date as follows: Permit 80-118A (formerly 80-118) issued pursuant to IC 13-4-6 to 3 States Trucking, Inc. is revoked.

FINDINGS OF FACT

 

1. The Department of Natural Resources (the "Department") is as 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 80-118A (formerly 80-118) to engage in surface mining of coal, clay and shale for the year beginning August 25, 1980 at Johnson Pit in Pike County, Indiana pursuant to IC 13-4-6.

 

4. Three States has failed to complete reclamation of all areas permitted and affected under 80-118A in that the following conditions were not corrected by the permittee following the issuance by the Department of a Notice of Noncompliance on February 2, 1982:

 

a) failure by Three States to complete grading of the affected area as soon as practicable after the deposit of overburden;

b) failure to provide proper drainage control and to maintain a settlement pond located within the Northeast corner of the permit;

c) failure to dispose of mining refuse and debris; or d) failure to revegetate the areas affected by mining activities.

 

5. On or before April 15, 1981, Three States removed all reclamation equipment from the mining area. Grading was not completed on April 15, 1981 nor has the permittee caused grading to be completed subsequently.

 

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.