REV05784

• Permit No: C1981071
• IBM Index Class Name: Revision
• Doc Date: 6/29/1994
• Doc Name: COLO YAMPA COAL CO PR-03 POST MINING LAND USE REVISION BRIEF HISTORY
• From: DMG
• To: LORETTA PINEDA
• Type & Sequence: PR3
• Media Type: D
• Archive: No

DIVISION OF MINERALS AND GEOLOGY
Depanmenr of Natural Resources
1 317 Sherman Si., Room 215
Denver, Colorado 80207
Phone: [phone]
FAX: [phone]
Date: June 29, 1994
To: Loretta Pineda
From: Kent Gorham
~ III IIIIIIIIIIIIIIII
STATE OF COLORADO
II~~~
DEPAR'T'MENT OF
NATURAL
RESOURCES
Ray Romer
Governor
lames S LochheaA
Executive Director
Michael B. LOng
RE: Colorado Yampa Coal Co. , PR-03, Post-mining Land Use RevisDf'tS99Diree~or
Brief History
As per your request, the following is a brief history of the
Colorado Yampa Coal Co. (CYCC) permitting action dealing with the
Alternative Land Use change at the Eckman Park Mine in Routt
County.
In September of 1992 CYCC submitted a Permit Revision to their
permit to allow for an alternative land use designation of
pastureland for all remaining rangeland acreage (-1000 acres) on
the Eckman Park mine. Approval of this revision would be the last
in a series of land use revisions to their permit, which originally
proposed a rangeland designation (including cattle grazing and
wildlife habitat) for all disturbed areas of Eckman Park, the same
as the pre-mine condition. The Division is required by the Rules to
consult with the Division of Wildlife, and for Federal mines, the
U.S. Fish and Wildlife Service, prior to approving such revisions.
Both agencies felt that interests were best served by the operator
continuing with the rangeland designation for the 1000 acres in
question and recommended denial of the revision. Based on these
recommendations and the definition of rangeland and pastureland,
the Division denied the revision in its entirety after a long and
involved adequacy review period.
CYCC then requested the matter be heard by the Board and after all
parties had their say, the Board reversed the Divisions decision
and granted approval of the revision. (Vote 3-2, DNR ABSTAINS)
The Division of Wildlife requested reconsideration of the Boards
decision due to a number of issues, including non-factual
information provided by the permittee and procedural errors. At the
July 1993 Board meeting the Board voted 4-3 in favor of
reconsidering its decision at the October 1993 Board meeting.
CYCC then filed suit in Routt County District court against the
Mined Land Reclamation Board requested a declaratory judgement
finding that the Board was without the jurisdiction and authority
to grant the DOW request for a re-hearing.