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2. There is no indication that "acid and toxic producing materials as natural <br /> or reworked earth materials having acid or toxic chemical and physical <br /> characteristics that, under mining or post-mining conditions of drainage, <br /> exposure,or other processes, produce materials which contain <br /> detrimental amounts of chemical constituents such as acids, bases, or <br /> metallic compounds" exist at the Cross Mine. <br /> GIR's current activities at the Cross Mine are focused on compliance with the NOV <br /> Order. There are no designated chemicals used in metallurgical processing stored on site, <br /> because no metallurgical processing occurs at the Cross Mine. The chemicals used or stored at <br /> the Cross Mine are those referenced in the Safety Data Sheets. Exhibit B, Aff. of S. Muller, ¶4. <br /> The Cross Mine host rock is predominantly monzonite, a rock with high amounts of <br /> calcium that buffers any sulfides in the rock, and is a non-acid producing rock. The gold and <br /> silver occurs at the Cross Mine mostly with iron pyrite, and includes lead, zinc and copper <br /> sulfides with trace cadmium occurring with the zinc sulfides. Although the site contains some <br /> lead, zinc and copper sulfides and cadmium similar to the naturally occurring levels present in <br /> outcrops in the area, the definition of acid—or toxic—producing materials in Rule 1.1(1) relates <br /> solely to materials which contain detrimental amounts of chemical constituents such as acids, <br /> bases, or metallic compounds. There is no evidence that any such material exists at the Cross <br /> Mine that meets this definition. <br /> Based on the well-documented surveys and analytical reports pertaining to the geology <br /> and ore deposits specific to the Grand Island District, of which the Cross Mine is a part, which <br /> have all been previously filed with the Division in connection with the Cross Mine's mining <br /> permit, there is no evidence of the development of acid mine drainage from workings, host rock, <br /> or waste rock at the Cross Mine. See Exhibit B, Aff. of S. Muller, ¶3. In support of GIR's AM <br /> 2, GIR provided the Division with various environmental reports and studies performed related <br /> 13 <br />