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to the Cross Mine property, including an acid-base accounting that was performed in 1994 and <br /> 1995. <br /> 3. If the Board Agrees with the Division's Novel DMO Regulation <br /> Interpretation and Designation, then it Should Grant Cross Mine an <br /> Exemption. <br /> In spite of all of the arguments set forth above, to the extent the Board is inclined to adopt <br /> the Division's interpretation and application of the DMO Rule and determination that the Cross <br /> Mine meets the criteria of a DMO,then the Board should exercise its authority pursuant to Rule <br /> 7.2.6(1)and C.R.S. § 34-32-1 12.5(2) and exempt the Cross Mine from the DMO requirements <br /> set forth in Rule 7. In relevant part, Rule 7.2.6(1) provides as follows:5 <br /> If an Operator or Applicant demonstrates to the satisfaction of the Office or the <br /> Board, at the time of applying for a permit, or at a subsequent hearing, or after <br /> notification given pursuant to Rule 7.2.2 of this Rule, that designated chemicals <br /> will not be stored or used on-site for extractive metallurgical processing, toxic or <br /> acid-forming materials will not be exposed or disturbed in quantities sufficient to <br /> adversely affect human health, property or the environment; and that acid mine <br /> drainage, as defined in Rule 1, will not occur as a result of mining operations, the <br /> Board shall exempt such existing operations from the requirements of this Rule 7, <br /> which Rule implements Section 34-32-116.5, C.R.S. 1984, as amended. <br /> An exemption to the DMO Rule is warranted, because the Cross Mine's new water <br /> treatment system sufficiently prevents the exposure of any toxic materials in quantities that <br /> would adversely affect human health, property or the environment.' As set forth above, the new <br /> water treatment system has been operational for approximately eight months. Regular water <br /> testing has been performed since that time to ensure that the water treatment process is working <br /> to prevent any possible toxic materials from being discharged from the mine. Water tests over <br /> 5 C.R.S. §34-32-112.5 contains similar language as-to Rule 7.2.6(1)with regard to exemptions from DMO <br /> requirements. <br /> 6 There is also no acid mine drainage as a result of the operations.Exhibit 13,Aff.of S.Muller,¶3. <br /> 14 <br />