[CITE: Adams v. DNR, Knight, 5 CADDNAR 157
(1990)]
[VOLUME 5, PAGE 157]
Cause #: 90-155W
Caption: Adams v. DNR, Knight
Administrative Law Judge: Rider
Attorneys: Adams, pro se; McInerny, DAG; Lucas
Date: November 14, 1990
ORDER
Application
No.
G-12,296 submitted by Steven B. Adams is denied.
FINDINGS OF FACT
1.
On April 18, 1990, the Advisory Council denied application No. G-12, 296 which was a request by Steven B. Adams to remove rock
from the bed of Long Run near Vevay, Switzerland
County, Indiana.
2.
On May 21, 1990, Mr. Adams appealed the denial of his application.
3.
On June 21, 1990, a prehearing conference was held in Madison, Indiana at which
time John Knight was joined as a necessary party who opposed the application.
4.
IC 4-21.5, IC 13-2-22 and 310 IAC 0.6 apply to this proceeding.
5.
The Natural Resources Commission is an agency as defined by IC 4-21.5-1-3 and
is the Ultimate Authority for this proceeding.
6.
At hearing Mr. Adams called no witnesses except himself
and entered no documentation in support of his application.
7.
Mr. Knight called several witnesses who testified that the granting of the
application could lead to lower water quality, erosion of banks and lowered
property values.
8.
Mr. Knight presented pictures which were purported to show the deterioration of
the area since the mining of rock was begun by Mr. Adams (mining had previously
occurred without a permit).
9.
Mr. Adams did not attempt to refute any of the testimony.
10.
In addition, Mr. Adams testified that since the application was submitted, the
property in question had been conveyed to Harrison Adams.
11.
The conveyance, which would require the amendment of the application, was not
reported to the Department of Natural Resources, Division of Water.
12. The
evidence presented indicates that application No. G-12,296 should be denied.