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~ y'~STATE OF COLORADO III I II I II III IIII III Rlehrd D. Lamm, Oovamor DEPARTMENT OF NATURAL RE80URCE6 DIVISION OF WILDLIFE Jaek R. Orleb, Dlrsetor 6060 Brontlway Danvar, Coloratlo 80216 826-1192 JP,N 2 8 1982 MINED LAND iECLP.Pd~AT!(,N Colo. Deat. of Piatwal Feso~!rce~ January 25, 1982 'iC): VBrian Munson, riinaiLand Reclamation F'%)M: B~/'~'t' -~ Wildlife SUBJE~i': Grassy Creek Coal Mine Application Review of this application reveals two major items of concern. Rejection of range manipulation as recannended by CROW to RDCk- castle's consultant is unacceptable fran my perspective as I mentioned to you by phone. Conversion of mountain shrub, aspen, and sagebrush habitat types to grass or grass/fort type is not inherently bad at this mine except that available forage will increase and the State's liability for cash payments for damage by grazing big game ungulates will increase proportionately. Bear in mind that the State is liable for these cash payments. As for post-mining land use changes I am not totally clear has a dete_rm~nation is made for "higher use or better use". It would seen DOW should have score input in a case such as this ~icularly when fiscal liability for the State is involved. Your agency may be authorizing a certain activity under Title 34 by permit (changing mountain brush to grass or grass/forli) that mould increase the State's liability under Title 33. Regarding the rejection of range manipulation you should be aware that the technique rewmnended to Roc3ccastle is not the only technique for accomplishing the objective. It was felt that this technique was the simpliest and could be accomplished with ecn>ipment on the site; however, do not interpret this as meaning range manipulation should occur within the permit boundary. As a matter of fact, it would probably be good to locate sites away from the permit area. If sites were well chosen big game could be drawn away from revegetated areas. These issues are pretty arnplex and I'm not sure I understand all the ramifications. On that basis, my supervisor will reoonmlend to our Director that our two agencies meet to resolve sane of this before a really significant mine canes along under similar circlnnstances. I have few omRnents regarding the substance of the application. Veg- etative informations looks well done and establishes a baseline for resolving scene of the potential problems we may get into in the future with changes in cover and wildlife damage. I+Iildlife resources is very weak primarily because the applicant has not attempted to show actual DEPARTMENT OF NATURAL RESOURCES, Monle Pascoe, Executive Direcip • WILDLIFE COMMISSION, Donald Fernantlez, Chairman James Smith, Vice Chalnnan • Richard Direlbiss, Secretary • Jean K. Tool, Member • James C. Kennedy, Member Michael Higbee, Member • Sam Caudill, Member • Wilbur Redden, Member