This proceeding came on January 24, 1996 for argument before the Natural Resources Commission on the request for ruling by the ultimate authority as presented by Time Rider, Administrative Law Judge. The commission received oral argument from the parties, including most notably matters pertaining to the "Motion for Summary Adjudication" filed on behalf of the Citizens Against the Pit.
Being duly advised, the commission finds that permit #FW16-819 issued on August 11, 1995 by the Division of Water of the Department of Natural Resources, and in favor of Silver Creek Sand & Gravel Co., Inc. should be revoked and remanded to the Division of Water. The sole reason for the remand is that Silver Creek Sand & Gravel Co., Inc. failed totally to provide the notice required to adjacent property owners pursuant to IC 14-11-4 and 310 IAC 0.6-3. Any other pending motion or request is either denied by the commission or mooted by this order.
The order does not address the merits of the permit application and is made without prejudice should Silver Creek Sand & Gravel determine to pursue permit application #FW-16,819, following compliance with the notice requirements set forth in the statute and rule. If Silver Creek Sand & Gravel pursues the permit, the Department of Natural Resources is instructed to expedite processing of the application. Upon threshold issue of notice, this order is a final order and is immediately subject to judicial review. A person wishing to take judicial review must file a petition with an appropriate court within 30 days and must otherwise comply with IC 4-21.5-5.