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1 EXHIBIT 28 <br /> 1 <br /> ' groundwater levels in MW-3 and MW I I and within 0.54 feet of the pre-slurry wall average <br /> groundwater elevation in MW-2. <br /> e In the TR to AM-01, submitted to the Division on September 1, 2016,the Operator committed to <br /> submitting to the Division within 60 days of completion of the permanent groundwater <br /> mitigation plan, a follow-up certification created by a qualified engineer certifying that the <br /> ' permanent plan was constructed in accordance with the plans, compaction requirements and <br /> specifications approved through AM-01. <br /> Therefore,the revised AM-01 demonstrates compliance with the requirements of Section 34- <br /> 32.5-116(4)(h)C.R.S., and Rule 3.1.6(l), whereby disturbances to the prevailing hydrologic <br /> balance must be minimized. <br /> 4. Concerns that additional US Army Corps of Engineers (USACOE) 404 permitting <br /> requirements are needed prior to approval ofAM-01 and implementation of the <br /> ' proposed corrective action. (Equity Funding LLC-second comment period) <br /> The Objector did not provide any documentation to support the assertion regarding jurisdictional <br /> wetlands being inadvertently created by the recent installation of the slurry wall. Regardless, the <br /> ' Operator is subject to USACOE permitting and reporting requirements for this operation, and is <br /> required to maintain compliance with the conditions of the existing 404 permit. As such, the <br /> Objector should direct such concerns to the USACOE. <br /> The Act and Rules do not require the attainment of all other permits prior to the approval of the <br /> Division's reclamation permit. Pursuant to Rules 1.4.9 and 1.4.13(l),the Office was mandated <br /> to render a recommendation on the application on September 26, 2016, and did so in accordance <br /> with the Act and Rules. <br /> S. Groundwater should be the focus of the amendment application (Equity Funding <br /> LLC—second comment period) <br /> The first three sentences of the TetraTech TR Memo dated August 24 2016, and also provided <br /> with the Equity Funding comment letter dated September 21, 2016 state: "This memorandum <br /> documents the design basis of the Orr water drain and the reservoir outlet at the Hazeltine Mine. <br /> e This system will be constructed to address an Order from the Colorado Mined Land Reclamation <br /> Board. The purpose of the drain is to mitigate elevated groundwater resulting from the slurry <br /> wall surrounding the Hazeltine Mine on the Orr Property." (emphasis added) <br /> e <br /> 6. Comments regarding requirement for groundwater level monitoring outside of <br /> 1 permit area utilizing additional new wells on Orr property with increased frequency <br /> and reporting requirements. (Equity Funding LLC—second comment period) <br /> e <br /> 1 <br /> 1 <br />