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operations"). As with the initial amendments in 1993, this more recent amendment to the MLRA <br /> was meant to address mines that use harmful chemicals to extract the target mineral from the <br /> surrounding rock. <br /> C. Argument <br /> 1. The presence of a water treatment system is not evidence of Cross Mine's <br /> Activities "produc[ing] materials which contain detrimental amounts of <br /> chemical constituents such as acids, bases, or metallic compounds." <br /> The modifications to GIR's water treatment system at the focus of the Division Letter <br /> were prompted in part by temporary exceedances and not changes in Cross Mine's operations. As <br /> set forth in the Findings of Fact, Conclusions of Law, and Order, Grand island Resources LLC, <br /> File No. M-1977-4410, MV-2021-017, dated February 18, 2022 ("NOV Order"), it is undisputed <br /> that in February 2020, certain water outflow measurements exceeded GIR's WQCD water <br /> discharge permit standards, including elevated levels of zinc, cadmium, lead, copper and silver <br /> ("Exceedance Reports"). See Exhibit E,¶¶ 14, 15 (NOV Order). It is also undisputed that the <br /> water quality issues that precipitated the exceedances under the discharge permit were the result <br /> of a collapse in the Idaho Tunnel (also known as the Caribou Mine). The collapse choked off <br /> water flow which was subsequently released during the rehabilitation process. See id. at¶22. <br /> The tunnel collapse was a random occurrence, one that has not changed, nor will it change the <br /> mineral composition or physical characteristics of the Cross Mine. Significantly, as noted in the <br /> Division's Response to Citizen's Complaints, dated February 22, 2022, according to the <br /> Division's own analysis, there was "no evidence" that the exceedances "led to the degradation of <br /> surface and ground water resources," and all of the data, including the exceedances, "were below <br /> drinking water standards." Exhibit F. The mere existence of certain metals that were detected at <br /> a temporary exceedance level does not support a finding that they constitute "detrimental <br /> 10 <br />