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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> IN THE MATTER OF GRAND ISLAND RESOURCES, LLC'S APPEAL OF THE <br /> DIVISION'S FINAL DETERMINATION OF DESIGNATED MINING OPERATION STATUS <br /> FOR THE CROSS GOLD MINE, PERMIT NO. M-1977-410 <br /> GRAND ISLAND RESOURCES, LLC'S PETITION FOR HEARING BEFORE THE <br /> MINED LAND RECLAMATION BOARD AND BRIEF IN SUPPORT OF APPEAL OF <br /> THE DIVISION'S FINAL DETERMINATION OF DESIGNATED MINING <br /> OPERATION STATUS FOR THE CROSS GOLD MINE <br /> Pursuant to Rules 1.4.11, 7.2.4(l)(b), and 7.2.7 of the Mineral Rules and Regulations of <br /> the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining <br /> Operations ("Rules"), through undersigned counsel, Grand Island Resources, LLC ("GIR"), as <br /> the owner of the Cross Gold Mine (referred to herein as the "Cross Mine"), hereby submits this <br /> request for a hearing before the Mined Land Reclamation Board (the "Board"), and this Brief in <br /> support thereof, related to the final determination by the Division of Reclamation, Mining and <br /> Safety ("Division")that the Cross Mine is a "Designated Mining Operation" ("DMO"). <br /> I. INTRODUCTION AND SUMMARY OF APPEAL <br /> This appeal arises from the Division's final determination that the Cross Mine is a DMO. <br /> The Division's final determination is based on the fact that the Cross Mine installed a new water <br /> treatment system at the mine to treat water discharge to ensure that no detrimental amounts of <br /> toxic materials are exposed in quantities sufficient to adversely affect human health, property or <br /> the environment. The Division made its DMO determination despite the fact that the DMO <br /> statute and Rules were not enacted to apply in situations like this, nor has the Division <br /> 1 <br />