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Jul-09-08 15:08 From- <br />T-461 P-003/004 F-666 <br />Page 2 July 9, 2008 <br />2) The need to establish permit conditions to protect ambient groundwater <br />quality pursuant to Rule 3.1.7(2)(c)(ii); and <br />3) Failure to provide a plan for the management of topsoil as required by Rule 3.1.9. <br />Further, the Tribe has urged the Board to initiate discussions with the Colorado Division of <br />Water Resources to assess whether the applicant is in compliance with the existing water <br />augmentation plan for the Bayf eld Pit and to the extent that it is not, exercise the Board's <br />enforcement authority pursuant to Rule 3.3.2. The Tribe reiterates these concerns and reserves <br />the opportunity to raise further issues following proper re-publication of the required public <br />notice, correctly identifying the proposed future land use. <br />Sincerely, <br />MAYNES, BRADFORD, SHIPPS AND SHEFTEL, LLP <br />0, r-IL,? <br />Adam T. Reeves