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~!~ Maynes, Bradford, Shipps & Sheftel, LLP <br />t' Attorneys at Law <br />THOMAS H. SHIPPS <br />JANICE G SHEFTEL <br />PATRICIA A. HALLt <br />SAM W. MAYNES <br />JOHN BARLOW SPEAR <br />STEVEN C. BOOS~t <br />BYRON V. BRADFORD (1907-1985) <br />FRANK E. (SAM) MAYNES (1933-2004) <br />REG~11lE~ <br />~AY 0 9 2008 <br />%ru~s <br />ASSOCIATES: <br />ELISABETH J. TAFI'O <br />KRISTINA N. JOHNf <br />KATHERINE A. BURKE <br />ADAM T. REEVES <br />CHARLES C. SPENCE~ <br />'}ALSO ADMITTED IN ARIZONA AND NAVAJO NATION Division of Reclamation <br />*ALSO ADMITTED IN CALIFORNIA, NEW MEXICO AND UTAH Mining and Safety <br />0 ALSO ADMITTED IN WASHINGTON (970)247-1755 <br />±ALSO ADMITTED IN NEW MEXICO AND NAVAJO NATION (970)247-8827 -FACSIMILE <br />ALSO ADMITTED IN IDAHO, UTAH AND WYOMING areevesC~3mbssllp.com <br />May 7, 2008 <br />Division of Reclamation, Mining & Safety Via Facsimile <br />1313 Sherman St., Room 215 (303)832-8106 <br />Denver CO 80203 and FedEx Overnight Delivery <br />,/ ~ <br />Re: Permit # M-87-038. Preliminary 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 comments on the proposed amendment of the Section 112 permit for the Bayfield <br />Pit No. 1, # M-87-038. Due to the inaccurate legal description provided in the public notice <br />requesting comments on this matter, the Tribe has requested re-publication of the public notice in <br />order to provide all potentially affected members of the public, including tribal members, the <br />opportunity to thoroughly review and comment upon the proposed amendment. See Exhibit A <br />attached hereto. The following comments are preliminary in nature and the Tribe reserves the <br />opportunity to comment further upon this matter, should it identify during the course of its <br />review additional issues, concerns or impacts that attend this proposal. <br />INTRODUCTION AND STATEMENT OF INTEREST. <br />The proposed expansion of Bayfield Pit No. 1, lying within the exterior boundary of the <br />Southern Ute Indian Reservation, is of particular concern to the Tribe. The existing operation <br />lies along the Los Pinos (River known locally as the Pine River) which serves as the Tribe's <br />domestic water supply and is of particular cultural importance to the Tribe. In the past, the <br />WEST BUILDING - 835 EAST SECOND AVENUE, SUITE 123 <br />POST OFFICE BOX 2717 <br />DURANGO, COLORADO 81302-2717 <br />