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1Vlaynes, Bradford, Shipps & Sheftel, LLI' <br />Attorneys at Law <br />THOMAS H. SHIPPS <br />JANICE C. SHEFTEL <br />PATRICIA A. HALL"' <br />SAM W. MAYNES <br />JOHN BARLOW SPEAR <br />STEVEN C. BOOS'"' <br />BYRON V. BRADFORD (1907-1985) <br />FRANK E. (SAM) MAYNES (1933-2004) <br />ALSO ADMITTED IN ARIZONA AND NAVAJO NATION <br />""ALSO ADMITTED IN ARIZONA, CALffORNIA, NEW MEXICO, UTAH AND NAVAJO NATION <br />+ALSO ADMITTED IN WASHINGTON <br />++ALSO ADMITTED IN NEW MEXICO AND NAVAJO NATION <br />+++ALSO ADMITTED IN IDAHO, UTAH AND WYOMING <br />++++ADMITTED IN NEW MEXICO AND WISCONSIN <br />May 7, 2008 <br />Division of Reclamation, Mining & Safety <br />1313 Sherman St., Room 215 <br />Denver CO 80203 <br />Re: Permit # M-87-038. Request to require re-publication. <br />Gentlemen: <br />(970)247-1755 <br />(970)247-8827 -FACSIMILE <br />areeves@mbssilp.com <br />Via Facsimile <br />(303)832-8106 <br />and FedEx Overnight Delivery <br />Please be advised this firm represents the Southern Ute Indian Tribe ("Tribe"). On behalf of the <br />Tribe, we respectfully request that, pursuant to Rule 1.6.6, the Office of Mined Land <br />Reclamation require that the Applicant for amendment of Permit No. M-87-038 be required to <br />republish the required public notice, in support of which the Tribe states as follows: <br />1. The published notice inaccurately describes the location of the proposed expansion. The <br />published notice describes the Bayfield Pit No. 1 mine as located at or near Section 14, <br />Township 34N, Range 7W, N.M.P.M. After investigation, the Tribe determined that in <br />fact the mine is located within the exterior boundary of the Southern Ute Indian <br />Reservation adjacent to tribal land in Section 14U and that no section 14 exists. <br />2. Despite representations that the application could be viewed at the La Plata County Clerk <br />and Recorder's Office, on the posted notice and within the published notice, when <br />contacted by representatives of the Tribe for further information on this application, <br />personnel at the Clerk and Recorder's office were wholly unfamiliar with the application <br />and unable to provide any information. Accordingly, although exhibit R to the <br />Application suggests the Applicant has complied with the deposition requirements of <br />WEST BUILDING - 835 EAST SECOND AVENUE, SUITE 123 <br />POST OFFICE BOX 2717 <br />DURANGO, COLORADO 81302-2717 <br />ASSOCIATES: <br />ELISABETH J. TAFT+ <br />KRISTINA N. JOHN++ <br />KATHERINE A. BURKE <br />ADAM T. REEVES <br />CHARLES C. SPENCE+++ <br />JAMES A. WASHINAWATOK II++++ <br />LORELYN HALL <br />EXHIBIT <br />A <br />