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Health and Environment, Water Quality Control Division ("WQCD")National Pollutant <br /> Discharge Elimination System ("NPDES")permit number CO-0032751. <br /> III. PROCEDURAL BACKGROUND <br /> A. The Division's Initial Preliminary DMO Determination and GIR's Response <br /> On February 17, 2022, the Division issued a Notice of Designated Mining Operation <br /> Determination to GIR, as owner of the Cross Mine, which stated that the Division made a <br /> preliminary determination that the Cross Mine met the definition of a DMO as specified in Rule <br /> 1.1(20) of the Mineral Rules ("Division Letter"). Exhibit A. The Division Letter provided, in <br /> relevant part, that: <br /> The Division's determination is based on the following: <br /> The Cross Gold Mine discharges groundwater through the Cross Mine and the <br /> Idaho Tunnel portals. The Cross Gold Mine has historically treated groundwater <br /> before it is discharged to Coon Track Creek. The historic treatment has consisted <br /> of routing groundwater through a series of lined ponds and the addition of lime to <br /> the Cross Mine discharge. The discharge of treated wastewater is regulated by the <br /> Colorado Department of Public Health and Environment, Water Quality Control <br /> Division under CDPS Permit No. C00032751. <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 <br /> technology. The Cross Gold Mine is required to treat water to prevent the discharge <br /> of heavy metals into the Coon Track Creek. Designated Mining Operations are <br /> those operations at which toxic or acid producing materials may be exposed or <br /> disturbed as a result of mining operations. Rule 1.1(1) defines acid and toxic <br /> producing materials as natural or reworked earth materials having acid or toxic <br /> chemical and physical characteristics that, under mining or post-mining conditions <br /> of drainage, exposure, or other processes, produce materials which contain <br /> detrimental amounts of chemical constituents such as acids, bases, or metallic <br /> compounds. <br /> Exhibit A, p. 1. <br /> Although the Division Letter stated that the Division had made a preliminary <br /> determination that the Cross Mine was a DMO, it did not cite to Rule 1.1(20) (the "DMO Rule") <br /> 3 <br />