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During this meeting, the Division initially stated that its basis for the preliminary DMO <br /> determination was that the Cross Mine recently installed a new water treatment system to treat <br /> water discharge. GIR responded that while the Cross Mine was using a new water treatment <br /> system, the Cross Mine has historically treated water discharge through a different process and, <br /> as such, nothing had actually changed with respect to the fact that the water discharge was being <br /> treated. The Division acknowledged that GIR has historically treated water discharge at the <br /> mine. In fact, on March 1, 2022, as part of GIR's Technical Revision No. 10 ("TR-10"), the <br /> Division approved the new water treatment system that the Division is now apparently using as a <br /> basis to make its preliminary DMO designation.Notably, the Division's DMO designation <br /> blindsided GIR as the Division made no mention of this prior to February 16, 2022, during an <br /> informal phone call in which the Division notified the Cross Mine that it would be issuing a <br /> DMO determination for the mine, which was done the following day as part of the Division <br /> Letter. Exhibit C, ¶4 (July 12, 2022 Aff. of S. Muller). In fact, as the Board will likely recall, on <br /> January 19, 2022, the Division provided an update to the Board about the Cross Mine's progress <br /> in implementing its new water treatment system and never mentioned a possible DMO <br /> designation as a result of the implementation of that system. Such an omission just weeks before <br /> issuing the preliminary DMO designation suggests that the Division made its DMO designation <br /> for some reason other than it now claims. <br /> Nevertheless, at GIR's meeting with the Division, the Division then stated that the basis <br /> for the preliminary DMO designation was actually the "degree" to which GIR was now treating <br /> the water discharge as part of its water treatment system. GIR responded by noting that the Rules <br /> related to DMO designation do not distinguish between water treatment and non-water treatment <br /> or the "degree" to which water discharge is treated, so GIR asked the Division for the legal basis <br /> 5 <br />