GENERAL35526

• Permit No: C1981071
• IBM Index Class Name: General Documents
• Doc Date: 6/29/1993
• Doc Name: MLRD Board Decision to Overturn Denial of PR3
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman 51., Room 215
Denver, CO 80203
Phone: [phone]
FA%:1303) 832-8106
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Roy Romer
COLORADO MINED LAND RECLAMATION BOARD DECISION Governor
Michael B.LOng
Division Dirttlor
Formal Public Hearing of May 26, 1993
In the Matter of Permit Revision No. 3,
Colorado Yampa Coal Company, Eckman Park, Mine 1 and Mine 2,
Permit Number C-81-071
On May 26, 1993, the Colorado Mined Land Reclamation Board (Board) held a
Formal Public Hearing (Hearing), at the request of Colorado Yampa Coal Company
(CYCC), and in accordance with Rule 2.07.4(3)(b) of the Regulations of the
Colorado Mined Land Reclamation Board for Coal Mining (Regulations).
CYCC requested the hearing to appeal the Division of Minerals and Geology
(DMG) decision to deny Permit Revision Number 3, Permit No. C-81-071. The
permit revision proposes to convert all previously designated areas of the
Eckman Park, Mine 1 and Mine 2 mine complex. from a rangeland end land use to a
pastureland end land use. The permit revision was denied based on the DMG's.
conclusion that the proposal would be inconsistent with the regulattons
defining pastureland and rangeland, and due to the fact that both the Colorado
Division of Wildlife (DOW) and the United States Fish and Wildlife Service
(USFWS) objected to the proposal. The DOW and USFWS objections were based
upon their determination that the proposal would be deleterious to wildlife
and wildlife habitat resources in the area of the mine.
During the Hearing, presentations were made by CYCC, DOW, and DMG personnel.
The Board voted, 3 to 2, to overturn the DMG's previous denial decision. The
Permit Revision No. 3 has therefore received approval, and such approval shall
be implemented within 5 days of this written Board decision.
Pursuant to Rule 2.07,4(3)(f), any person with an interest.whlch is or may be
adversely affected who has participated in the administrative proceedings as
an objector and who is aggrieved by the decision of the Board or 1f the"DMG or
Board fails to act within the time limits specified in the Act, such applicant
or person shall have the rights to appeal in accordance with 34-33-128,
C.R.S.. This decision is subject to judicial review on or before 30 days after
the date of this decision.
6-29-93
Ma 'ne Stew rt, h irperson, Date
Colorado Mine Land Reclamation Board
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STATE OF COLORADO
KAG/amm/7643f