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historically interpreted or applied them in this manner. Indeed, the Cross Mine has historically <br /> treated water at the mine to ensure compliance with water safety standards and the Cross Mine <br /> has never been designated a DMO. There are no conditions or activities currently conducted at <br /> the mine that would warrant a DMO designation. Further, other similarly situated mines have <br /> and do treat water for the same purpose and the Division has not designated these mines as <br /> DMOs, like it is now doing with respect to the Cross Mine. Beyond being inconsistent with the <br /> purpose of the Rules and the Division's own historical practices, a DMO designation is unduly <br /> burdensome to the Cross Mine given the expensive and time consuming steps necessary to <br /> comply with the additional regulatory requirements attached to such a designation. In short, the <br /> Division's decision is contrary to the facts, inconsistent with the Division's historical treatment <br /> and classification of the Cross Mine and other similarly situated mines, and ignores the <br /> unnecessary harm that such a designation would cause to the Cross Mine. <br /> II. BACKGROUND ON CROSS MINE <br /> The Cross Mine is located approximately four miles northwest of Nederland, Colorado <br /> adjacent to Roosevelt National Forest, at an elevation of approximately 9,700 feet above mean <br /> sea level. The property is an existing hard rock mining operation owned by GIR and at present, <br /> no active mining is being conducted. The mine permit number M-1977-410 was last revised <br /> through Amendment No. 2, dated January 6, 2022 ("AM 2") and approved by the Division on <br /> February 8, 2022. The AM 2 increased the permit area to the current 9.99 acres and provided an <br /> additional financial warranty for reclamation. <br /> The site is bisected by Coon Track Creek, a tributary of Beaver Creek that joins with <br /> Middle Boulder Creek near its discharge at the Barker Meadows Reservoir. The mine currently <br /> manages discharges directly into Coon Track Creek under the Colorado Department of Public <br /> 2 <br />