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STATE OF COLORADO Roy Romer, Governor • DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 60276 Telephone: (303)297-1792 Eckmaf,: Park ~2-03 III IIIIIIIIIIIIIIII sss ~rO'N•~O ~~~ RECEIVED ~°~-roF~y July 1, 1993 Fnrr Wildlife- JUL 0 91993 For People Ms. Maxine Stewart Division DI Minerals b Gfioiogy Chairwoman Mined Land Reclamation Board 1313 Sherman S[., Room 215 Denver, CO 80203 RE: Request for Reconsideration of Board Decision (File C-81-071) Dear Ms. Stewart: The Colorado Division of Wildlife (Wildlife) respectfully requests that the Mined Land Reclamation Board reconsider its May, 1943 decision regarding the Eckman Park 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 Eckman Park Mine. 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 shtvbs from the reclamation plan. Minerals and Geology, acting in accordance with the Boards 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 petmit[ee. Bo[h agencies determined that wildlife mitigation, as required by the Coal Mining Regulations, was not adequately addressed. Therefore, both agencies, acting as consultants to Minerals and Geology, recommended that Minerals and Geology deny the Permit Revision in accordance with Rule 4.16.2. The Division of Wildlife requests that the Mined land Reclamation Board reconsider its previous decision for both technical and procedural reasons. Wildlife requests that the reconsideration be based upon the record and evidence presented to the Board at the May hearing. Wildlife requests that the following specific technical and procedural issues be addressed - by the Board when reconsidering the 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. Hegberg, Member • Mark Le Valley, Member