[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.