REV95168

• Permit No: C1981071
• IBM Index Class Name: Revision
• Doc Date: 7/9/1993
• Doc Name: REQUEST FOR RECONSIDERATION OF BOARD DECISION
• From: DMG
• To: COLO YAMPA VALLEY COAL CO
• Type & Sequence: PR3
• Media Type: D
• Archive: No

~ ~ •5. •
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EOUAL OPPORTUNITY EMPLOYER
Perry D. Olson, Director
6060 Broadway
Denver, Colorado 60216
Telephone: [phone] July 1, 1993
•
RECEIVEC
Ms. Maxine Stewart JUL 0 91993
Chairwoman
Mined Land Reclamation Board Division ei itit:;l~rs s a vecloyy
1313 Sherman St., Room 215
Denver, CO 60203
RE: Request for Reconsideration of Boazd Decision (File C-81-071)
Deaz Ms. Stewart:
REFER TO
For Wildlije-
For People
The Colorado Division of Wildlife (Wildlife) respectfully requests that the Mined Land
Reclamation Boazd reconsider its May, 1993 decision regarding the Eckman Pazk Mine. At the
May meeting, the Board was asked by the permittee, Colorado Yampa Coal Company (CYCC),
to reverse a Division of Minerals and Geology permitting decision. The CYCC Permit Revision
requested. that the post .mining land-use be changed to pastureland, and that shrubs be eliminated
from the reclamation requirements for the'Eckinan.Park:dviine. Minerals and Geology denied
the Revision because the permittee had not demonstrated to the satisfaction of that agency that .
wildlife impacts would be mitigated by the proposal to eliminate shrubs from the reclamation
plan.
Minerals and Geology, acting in accordance with the Boazds regulations, consulted with
the Division of Wildlife and the United States Fish and Wildlife Service (USFWS). Wildlife and
U.S. Fish and Wildlife reviewed the technical information supplied by the petmittee. Both
agencies determined that wildlife mitigation, as required by the Coal Mining Regulations, was
not adequately addressed. Therefore; both agencies, acting as consultants to Minetals and
Geology, recommended that Minerals and Geology deny the Permit Revision in accordance with
Rule 4.16.3.
The Division of Wildlife requests that the Mined land Reclamation Boazd reconsider its
previous decision for both technical and procedural reasons. Wildlife requests that the
reconsideration bebased upon the record and evidence presented to the Boazd at the May
hearing.
Wildlife requests tbat,ihe following specific;techni~al and procedural ~isspes be addressed
by the Board when reconsidering ttie~Permit Revision:
DEPARTMENT OF NATURAL RESOURCES, Kenneth L- Salazar, Executive Director
WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice-Chairman • Arnold Salazar, Secretary
Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member
William R. Hogberg, Member • Mark Le Valley, Member