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Rationale for Recommendation to Approve <br />Page 12 <br />September 26, 2016 <br />Notice of the filing occurred in accordance with the requirements of the Act and Rules. The <br />initial public comment period for AM -01 closed on February 17, 2016. During the public <br />comment period the Division received written comments from the following individuals and <br />agencies: <br />Timely Letters of Objection: <br />1. Keith and Shirl Sabin, dated February 5, 2016, received February 11, 2016. <br />2. City of Thorton, dated February 16, 2016, received February 16, 2016. <br />3. Equity Funding LLC, dated February 16, 2016, received February 16, 2016. <br />Timely Commenting Agency: <br />4. Colorado Division of Water Resources (DWR), dated January 13, 2016, received January <br />13, 2016. <br />On September 1, 2016, the Operator filed a Technical Revision (TR) to AM -01, to include a <br />flood control spillway for the reservoir and the groundwater discharge pipe (described earlier). <br />A second public comment period was opened on September 1, 2016, for an additional 20 days, to <br />allow for comments from parties on the Technical Revision. During the second public comment <br />period the Division received written comments from the following individuals and agencies: <br />Timely Letters of Objection: <br />5. Equity Funding LLC, dated September 21, 2016, received September 21, 2016. <br />Timely Commenting Agency: <br />6. Colorado Division of Water Resources (DWR), dated September 20, 2016, received via <br />e-mail on September 20, 2016 <br />The Division forwarded copies of all comments to the Applicant and scheduled the revised <br />amendment for a hearing before the Colorado Mined Land Reclamation Board (Board) and a <br />Pre -hearing Conference. The Division provided notice of the scheduled Board hearing and Pre - <br />hearing Conference to all parties and interested persons. Due to the timely objections, on the <br />decision date the Division cannot not make a decision on the application, but must rather issue a <br />recommendation to the Board. <br />During the review period the Division generated two adequacy letters. The Applicant addressed <br />all adequacy issues to the Division's satisfaction. Therefore, on September 26, 2016, the <br />Division determined the application to have satisfied the requirements of Section 34-32.5-115(4) <br />C.R.S. and issued its recommendation to approve the amendment application. <br />