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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 DIVISION'S <br /> FINAL DETERMINATION OF DESIGNATED MINING OPERATION STATUS FOR THE <br /> CROSS GOLD MINE_., PERMIT NO. M-1977-410 <br /> AFFIDAVIT OF SEAN MULLER IN StIPPORI'OF <br /> GRAND ISLAND RESOURCES, LIA"S APPEAL, <br /> STATE OF COLORADO ) <br /> ) SS, <br /> COUNTY OF BOULDER } <br /> 1, Sean Muller, being over the age of eighteen, being first duly sworn on oath,state as follows: <br /> I. My name is Sean Muller. 1 am the Geology Manager for Grand Island Resources, LLC <br /> ("GIR"). My job responsibilities for GIR include exploration; resource estimation; ore <br /> grade control during operations; and hydrogeological characterization. <br /> 2. The Cross Gold Mine("Cross Mine") installed a new water treatment system in <br /> December 2021. GIR personnel worked diligently to install and calibrate the water <br /> treatment system, which began in the winter 2021 and continued into spring 2022. <br /> 3. Since the installation of the new water treatment system,GIR has conducted formal water <br /> testing twice per month to ensure compliance with water quality standards in the CDPHE <br /> discharge permit. Of those sampling events over the course of the last six months, only <br /> one test revealed a potential exceedance for unknown reasons. Water testing results over <br /> the last three months have all been within the permitted water discharge standards. <br /> 4. The Division of Reclamation, Mining and Safety ("Division") was made aware of GIR's <br /> plan for,and installation of, the new water treatment system prior to its installation. At no <br /> point during this time did the Division indicate that the implementation of a new water <br /> treatment system would result in the Division designating the Cross Mine a Designated <br /> Mining Operation("DMO"), nor did the Division express any concern about the degree <br /> to which the Cross Mine was treating water prior to discharge as part of the new water <br /> treatment system. In fact, it was not until February 16, 2022, that Richard Mittasch <br /> received a phone call from Amy Eschberger that the Division was going to apply a DMO <br /> designation to the Cross Mine. The following day, on February 17, 2022, the Division <br /> issued a Notice of Designated Musing Operation Determination, establishing the <br /> Division's preliminary DMO determination for the Cross Mine. <br /> 5. In !March 2022, the Cross Mine submitted its Technical Revision No. 10("TR-10") <br /> related to the new water treatment system,which the Division approved. <br /> Page 1 of 2 <br />