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~~ <br />STATE OF COLORADO <br />Roy Romer, Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WILDLIFE <br />AN EQUAL OPPORTUNITY EMPLOYER <br />Perry D. Olson, Director <br />6060 Broatlway <br />Denver, Colorado 80216 <br />Telephone: (303) 297-1192 <br />•. <br />~.: <br />July 1, 1993 <br /> <br />Ms. Maxine Stewart JUL 0 91993 <br />Chairwoman <br />Mined Land Reclamation Board Division el :;-;:,1,,,,.~ ~, ~,tL.;~t,y <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Request for Reconsideration of Board Decision (File C-81-071) <br />Dear Ms. Stewart: <br />iii iiiiuiuiiu iii <br />._. ~.. ,.,999 <br />For Wlldlrfe- <br />For People <br />The Colorado Division of Wildlife (Wildlife) respectfully requests that the Mined Land <br />Reclamation Board reconsider its May, 1993 decision regarding the Eckman Park Mine. At the <br />May meeting, the Board was asked by the permittee, Colorado Yampa Coal Company (CYCC), <br />to reverse a Division of Minerals and Geology permitting decision. The CYCC Permit Revision <br />requested that the post mining land-use be changed to pastureland, and that shrubs be eliminated <br />from the reclamation requirements for the Eckman Park Mine. Minerals and Geology denied <br />the Revision because the permittee had not demonstrated to the satisfaction of that agency that <br />wildlife impacts would be mitigated by the proposal to eliminate shrubs from the reclamation <br />plan. <br />Minerals and Geology, acting in accordance with the Boards regulations, consulted with <br />the Division of Wildlife and the United States Fish and Wildlife Service (USFWS). Wildlife and <br />U.S. Fish and Wildlife reviewed the technical information supplied by the permit[ee. Both <br />agencies determined that wildlife mitigation, as required by the Coal Mining Regulations, was <br />not adequately addressed. Therefore, butte agcncics, acting as censnlrarts t~ Mh.erals and <br />Geology, recommended that Minerals and Geology deny the Permit Revision in accordance with <br />Rule 4.1fi.3. <br />'fhe Division of Wildlife requests that the Mined land Reclamation Board reconsider its <br />previous decision for both technical and procedural reasons. Wildlife requests that tltc <br />reconsideration be based upon the record and evidence presented to the Board at tiro May <br />hearing. <br />Wildlife requests that the following specific technical and procedural issues be addressed <br />by the Board when reconsidering the Permit Revision: <br />DEPARTMENT OF NATURAL RESOURCES, Kenneth L. Salazar, Executive Director <br />WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice-Chairman • Arnold Salazar, Secretary <br />Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member <br />William R. Hegberg, Member • Mark LeValley, Member <br />