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Jul-09-06 15:06 From- <br />T-461 P-002/004 F-666 <br />Maynes, Bradford, Shipps & Sheftel, LLP <br />Attorneys at Law <br />THOMAS 14. SHOPS ASSOCIATES: <br />JANICE C- SHEFrEL <br />PATRICIA A. HALO ELISABETH J. TAFTO; <br />SAM W. MAYNL• S KRLSTINA N. JOHN} <br />JOHN BARLOW SPEAR KATHERINE A. BURKE <br />STEVEN C. BOOS"r ADAM T. REEVES <br /> CHARLES C_ SPENCE$ <br />BYRON V. BRADFORD (1907-1985) <br />FRANK E. (SAM) MAYNE$ (1933-2004) <br />'.ALSO ADMrrrED IN ARIZONA AND NAVAJO NATION <br />`ALSO ADMrrrED IN CALIFORNIA, NEW MEXICO AN>a UTAH <br />0 ALSO .ADmrrrED IN WASHINGTON (970)2471755 <br />±ALSo ,ADMrrrED IN NEw MEXICO AND NAVAJO NATION (970)247-8827 - FACSIMILE <br />$ALSO ADMITTED IN IDAHO, UTAH AND WYOMING areeves@mbssllp.com <br />July 9, 2008 <br />Division of Reclamation, Mining & Safety Via Facsimile <br />1313 Sherman St., Room 215 (303)832-8106 <br />Denver CO 80203 <br />Re: Permit # M-87-038. Supplemental Comments of the Southern Ute Indian Tribe <br />Dear Sir or Madam: <br />On behalf of the Southern Ute Indian Tribe (the "Tribe"), please accept and enter into the record <br />the following supplemental comments on the proposed amendment of the Section 112 permit for, <br />the Bayfield Pit No. 1, # M-87-038. <br />By letter dated May 7, 2008 the Tribe identified the failure of the applicant to properly identify <br />the location of Bayfield Pit No. 1 in its published notice in order to afford the public, iucludiN <br />tribal members, full disclosure of the proposed permit amendment. In the republished notice, the <br />applicant has inaccurately described the proposed primary future land use as "rangeland." <br />Although as originally issued, the reclamation permit for Bayfield Pit No_ 1 anticipated - <br />rangeland as the proposed future land use, the proposed amendment identifies "developed water <br />resources" as the primary future land use anticipated upon reclamation. Because this alteration <br />in the anticipated fixture land use is a substantive change for which accurate public notice is <br />required pursuant to Rule 1.6.2(d)(iv) republication of public notice is mandatory._ <br />As the Tribe has already identified, the proposed expansion of Bayfield Pit No. 1, lying within the exterior boundary of the Southern Ute Indian Reservation, is of particular concern <br /> to the <br />Tribe. The Tribe has previously identified concerns related to: <br />1) The failure of the Applicant to demonstrate water availability as required by Rule <br />3.1.6; <br />WEST BUILDING - 835 FAST SECOND AVENUE, SUITE 123 <br />POST OFFICE BOX 2717 <br />DURANGO, COLORADO $7302-2717