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March 18,2022 <br /> Page 2 <br /> 2. The Cross Mine operation does not meet the criteria for designation as a DMO under <br /> Section 34-32-112.5, CRS 1984, as amended, or Rule 1.1(]), or Rule 1.1(20). <br /> 3. The current activities carried out at the Cross Mine ensure that no toxic or acid forming <br /> materials are exposed or disturbed in quantities sufficient to adversely affect human <br /> health, property or the environment. <br /> 4. The geologic makeup of the Cross Mine precludes the mine from being or becoming an <br /> acid mine. <br /> The Division's DMO Determination <br /> The Division Letter provides, in relevant part that: <br /> On January 11, 2022, the Division conducted an inspection of the Cross Gold Mine <br /> and observed the new water treatment system. The system was brought online in <br /> December 2021 and consists of filtration and absorption water treatment technology. <br /> The Cross Gold Mine is required to treat water to prevent the discharge of heavy <br /> metals into the Coon Track Creek. Designated Mining Operations are those <br /> operations at which toxic or acid producing materials may be exposed or disturbed <br /> as a result of mining operations. Rule 1.1(1) defines acid and toxic producing <br /> materials as natural or reworked earth materials having acid or toxic chemical and <br /> physical characteristics that, under mining or post-mining conditions of drainage, <br /> exposure, or other processes, produce materials which contain detrimental amounts <br /> of chemical constituents such as acids, bases, or metallic compounds. <br /> Standard for Designation of a DMO <br /> Rule 1.1(20) states that a DMO "means a mining operation at which: <br /> (a) designated chemicals used in metallurgical processing are present on-site; or <br /> (b) toxic or acid-forming materials may be exposed or disturbed as a result of <br /> mining operations; or <br /> (c) acid mine drainage occurs or has the potential to occur due to mining or <br /> reclamation activities; or <br /> (d) uranium is developed or extracted, either by in situ leach mining methods or <br /> by conventional underground or open mining techniques. <br /> (e) The various types of Designated Mining Operations are identified in Section <br /> 34-32-112.5, C.R.S. 1984, as amended. Except as to uranium mining <br /> operations designated mining operations exclude operations that do not use <br /> toxic or acid chemicals in processing for purposes of extractive metallurgy <br />