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or otherwise specifically identify which section of the Rules the Division relied on in making its <br /> preliminary DMO determination. The Division Letter also did not contain the information <br /> required by Rule 7.2.2(2). For instance, the Division Letter did not provide the factual basis to <br /> support its DMO determination by identifying, for example, what mining or post-mining <br /> conditions exist in connection with the Cross Mine that purportedly support the Division's DMO <br /> determination. See Rule 7.2.2(2) (requiring that the Division's notice be accompanied by, among <br /> other things, "factual statements including a review of the permit application, approved permit <br /> application, proposed or existing metallurgical process, known site geology or geochemistry, and <br /> the most recent site inspection"). <br /> Given the deficiencies with the Division Letter, GIR was left to infer from the Division's <br /> statement that because the "Cross Mine is required to treat water to prevent the discharge of <br /> heavy metals into the Coon Track Creek" (emphasis added), and that the Division cited to Rule <br /> 1.1(1), that the Division had concluded that the Cross Mine is an operation at which toxic or acid <br /> producing materials may be exposed or disturbed as a result of mining operations. On March 18, <br /> 2022, pursuant to Rule 7.2.4, GIR submitted to the Division GIR's appeal of the Division's DMO <br /> designation related to the Cross Mine ("Division Appeal"). Exhibit B. <br /> B. The Division and GIR's Meeting Pursuant to Rule 7.2.4(1)(a) <br /> On May 25, 2022, pursuant to Rule 7.2.4(1)(a), representatives from the Division and <br /> GIR met to discuss the Division's preliminary DMO determination and GIR's Division Appeal. <br /> Due to the deficiencies in the Division Letter, primarily related to the lack of factual basis to <br /> support the Division's DMO determination, the primary objective for GIR at this meeting was to <br /> learn the actual basis for the Division's preliminary determination. <br /> 4 <br />