[CITE: DNR v. Invesco Int. Corp. (Epsom), 2
CADDNAR 35 (1985)]
[VOLUME 2, PAGE 35]
Cause #: 84-216R
Caption: DNR v. Invesco Int. Corp. (Epsom)
Administrative Law Judge: Lucas
Attorneys: Miller, DAG; Invesco none; Davis, surety
Date: March 6, 1985
ORDER
…[P]ermit
81-78 issued pursuant to IC 13-4-6 to Invesco
International Corporation of Alabama No. 5 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 this 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 permit 81-78 to engage in surface
mining at Epsom Mine in Daviess County, Indiana pursuant to IC 13-4-6.
4. Invesco has failed to reclaim areas permitted under permit
81-78 in that the following conditions have remained uncorrected since at least
February 1983 when the company abandoned the mine site: a) Breaches in a
diversion ditch have not been adequately repaired to prevent additional
contributions of suspended solids to stream flow and run-off outside the
permitted area, which is in contravention of item 14 of the plan of
reclamation. b) Topsoil stockpiles have not been mulched and protected from
wind and water erosion, which contravenes item 14 of the plan of
reclamation.
5. Invesco has violated terms of IC 13-4-6-8.