[CITE: Squaw Creek Coal Company v. DNR, 2 CADDNAR 32 (1985]
[VOLUME 2, PAGE 32]
Cause #: 84-197R
Caption: Squaw Creek Coal
Company v. DNR
Administrative Law Judge: Ridenour
Attorneys: Joest; Spicker, DAG
Date: May 17, 1985
ORDER
It
is adjudged and ordered that Notice of Violation #N40720-S-00008 is affirmed.
FINDINGS OF FACT
1.
The Director is included in the definition of the word agency, as used in IC 4-22-1-2,
and is duly empowered to conduct administrative hearings pursuant to IC 4-22-1.
2. Squaw
Creek Coal Company is a company licensed to do business in Indiana, with an
address at 20 Northwest First Street, PO Box 1112, Evansville, Indiana 47706.
3.
In a petition filed with the Department on August 23, 1984, Petitioner
requested administrative review of Notice of Violation #N40720-S-00008.
4.
On October 5, 1984, a hearing on the above NOV was conducted.
5.
The NOV cited Petitioner for violations of 310 IAC 12-5-54 and Part IV (3)(c) of Permit S-00008.
6.
310 IAC 12-5-54 provides that no more than four (4) spoil ridges may exist
behind an active mining pit, but does not provide guidance for calculating the
number of spoil ridges for situations where a spoil ridge (s) does not extend
for the entire length of an active pit.
7.
The Natural Resources Commission has finally adopted new rules governing backfilling,
grading and spoil ridges. These rules will continue the four-spoil ridge
provisions of 310 IAC 12-5-54, but provide that the spoil ridge is to be averaged
over the length of the pit to determine if more than an average of four-spoil
ridges, by length, exists.
8.
Since 310 IAC 12-5-54 does not specify a method for computing spoil ridges, the
averaging method is to be used.
9.
Two separate pits exist; Pit B and Pit C.
10.
It appears less than an average of four-spoil ridges exists at Pit B alone.
11.
Pit B should be judged without considering Pit C for purposes of averaging the
number of spoil ridges in 310 IAC 12-5-54.