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Exhibit A <br /> 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 JR) 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 fonvarded 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 detennined 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 />