[CITE: DNR v. Invesco Int. Corporation (Prairie 1),
2 CADDNAR 34 (1985)]
[VOLUME 2, PAGE 34]
Cause #: 84-214R
Caption: DNR v. Invesco Int. Corporation (Prairie 1)
Administrative Law Judge: Lucas
Attorneys: Miller, DAG; Invesco none; Davis, surety
Date: February 14, 1985
Order:
[NOTE: ON MARCH 21, 1985,
JUDICIAL REVIEW WAS FILED IN THE MARION SUPERIOR COURT 7, S7850335. DISPOSITION
OF THIS MATTER IS UNKNOWN AS OF SEPTEMBER 11, 2012.]
IT
IS ORDERED this date as follows: Permit 80-129 and Permit 81-124 issued
pursuant to IC 13-4-6 to Invesco International
Corporation of Alabama No. 5 are 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 this action.
3. Invesco International Corporation of Alabama No. 5 ("Invesco") holds permits 80-129 and 81-124 to engage in
surface mining at Prairie Creek #1 Mine in Daviess County, Indiana pursuant to
IC 13-4-6.
4. Invesco has failed to complete reclamation of all areas
permitted under 80-129 and 81-124 in that the following conditions have
remained uncorrected since at least April 5, 1983:
(a)
Grading has not been performed or commenced to restore the area affected by
mining to the approximate contour and to establish a sloping or terraced
topography consistent with the land-use objectives stated in the plan of
reclamation.
(b)
Topsoil has not been properly stored or protected as provided in the plan of
reclamation (Permit 81-124.)
(c)Water
impoundments have not been adequately constructed or maintained to restrict
suspended solids from streamflow and runoff outside
the permitted areas as required by the plan of reclamation (item 14) and as
anticipated in IC 13-4-6-6(b).
5. Invesco has failed to commence the reclamation of the
affected areas of permits 80-129 and 81-124 as soon as practicable after
initiation of the mining operations and consistent with the approved plan of
reclamation.