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March 18,2022 <br /> Page 5 <br /> Analysis <br /> The presence of a water treatment system is not evidence of Cross Mine's Activities <br /> "produc/ing]materials which contain detrimental amounts of chemical constituents such as <br /> acids, bases, or metallic compounds." <br /> The modifications to GIR's water treatment system at the focus of the Division's Letter were <br /> prompted in part by temporary exceedances and not changes in Cross Mine's operations. As set <br /> forth in the Findings of Fact, Conclusions of Law, and Order, Grand Island Resources LLC, File <br /> No. M-1977-4410, MV-2021-017, dated February 18, 2022 ("NOV Order"), it is undisputed that <br /> in February 2020, certain water outflow measurements exceeded GIR's WQCD water discharge <br /> permit standards, including elevated levels of zinc, cadmium, lead, copper and silver <br /> ("Exceedance Reports"). See NOV Order,¶¶ 14, 15. It is also undisputed that the water quality <br /> issues that precipitated the exceedances under the discharge permit were the result of a collapse in <br /> the Idaho Tunnel (also known as the Caribou Mine). The collapse choked off water flow which <br /> was subsequently released during the rehabilitation process. See id. at¶22. The tunnel collapse <br /> was a random occurrence, one that has not changed, nor will it change the mineral composition or <br /> physical characteristics of the Cross Mine. Significantly, as noted in the Division's Response to <br /> Citizen's Complaints, dated February 22, 2022, according to the Division's own analysis, there <br /> was "no evidence" that the exceedances "led to the degradation of surface and ground water <br /> resources," and all of the data, including the exceedances, "were below drinking water standards." <br /> The mere existence of certain metals that were detected at a temporary exceedance level does not <br /> support a finding that they constitute "detrimental amounts of chemical constituents such as acids, <br /> bases, or metallic compounds," and therefore, do not meet the standards in Rule 1.1(1). <br /> GIR clearly recognizes the significance of any exceedances under its discharge permit, even a <br /> random event-caused temporary exceedance, which is the case here. GIR also understands that <br /> each and every stakeholder has a legitimate interest in ensuring that operators are compliant with <br /> the State's water quality standards. GIR considers itself to be a stakeholder and endeavors to <br /> ensure that compliance with water quality standards is its highest priority. <br /> As set forth in GIR's Cross Mine, Permit number M1977-410, Technical Revision 10, submitted <br /> on March 1, 2022 ("TR 10"), GIR provided a detailed plan of action, including current activities <br /> addressing the surface water quality, descriptions of the underground sumps installations and new <br /> water treatment pilot system, as well as the results of the current system compliance testing, and <br /> the Groundwater Monitoring Plan as required by the NOV Order. <br /> The fact that GIR continues to treat water discharged from the Cross Mine does not mean that its <br /> operations "produce materials which contain detrimental amounts of chemical constituents such <br /> as acids, bases, or metallic compounds." GIR's current water treatment system is specifically <br />