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Environmental Protection Plan. In the meantime, GIR's mining operations would be negatively <br /> impacted if the Division forces GIR to use its human and financial resources to comply with the <br /> DMO designation requirements instead of focusing on its mine exploration program and other <br /> mine development activities. The bottom line is that the DMO designation is premature and <br /> unwarranted based on the mine's current operations and such a DMO designation would create <br /> an unnecessary hardship. <br /> C. The Division's Final DMO Determination <br /> On June 13, 2022, the Division issued its Notice of Designation of Mining <br /> Operation—Final Determination, which provided notice to GIR of the Division's final <br /> determination that the Cross Mine "is a Designated Mining Operation as defined by Rule <br /> 1.1(20)." Exhibit D. This appeal follows. <br /> 1V. ARGUMENT <br /> A. Legal Standard' <br /> Rule 1.1(20) states that a DMO "means a mining operation at which:2 <br /> (a) designated chemicals used in metallurgical processing are present on-site; <br /> or <br /> (b) toxic or acid-forming materials may be exposed or disturbed as a result of <br /> mining operations; or <br /> (c) acid mine drainage occurs or has the potential to occur due to mining or <br /> reclamation activities; or <br /> (d) uranium is developed or extracted, either by in situ leach mining methods <br /> or by conventional underground or open mining techniques. <br /> ' The Division's decision is also governed by Colorado's Administrative Procedures Act which,among other things, <br /> mandates that agency decisions should not be arbitrary and capricious,an abuse or unwarranted exercise of <br /> discretion,unsupported by substantial evidence,or otherwise contrary to the law.See C.R.S. § 24-4-106(7)(b). <br /> C.R.S. § 34-32-103(3.5)(a)defines DMO under the Mined Land Reclamation Act and further examples of DMOs <br /> can be found at C.R.S. § 34-32-1 12.5. <br /> 7 <br />