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EXHIBIT 28 <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 />