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The Division may be taking the position that in light of the Division's decision to designate <br /> GIR's Cross Mine as a Designated Mining Operation ("DMO"), a change in circumstances has <br /> occurred such that the Board should now consider whether or not to remove the Cease and Desist <br /> Order.Z The Division's DMO designation,however, is irrelevant to the issue of GIR's compliance <br /> with the Cease and Desist Order,and it does not actually constitute a change in circumstances that <br /> would otherwise affect the removal of the Cease and Desist Order. First, the Cease and Desist <br /> Order and, more specifically, GIR's compliance with the Corrective Actions set forth therein, <br /> which provide the basis for removing the Cease and Desist Order, is separate and unrelated to the <br /> Division's decision to designate the Cross Mine as a DMO. Second, the Division's preliminary <br /> decision to designate the Cross Mine as a DMO occurred on February 17, 2022, a day before the <br /> Board's Cease and Desist Order was issued, and almost three months before the Division issued <br /> its May 2022 Letter telling GIR that if it submitted water test results for April through June 2022 <br /> then it could request reconsideration from the Division regarding the removal of the Cease and <br /> Desist Order. In other words, the Division made its DMO designation prior to communicating to <br /> GIR what GIR needed to do to have the Cease and Desist Order removed—which GIR <br /> subsequently complied with—so there are no changed circumstances concerning the DMO <br /> designation that warrant continuing the Cease and Desist Order. <br /> B. Preventing GIR from Continued Mining Operations Would Harm GIR <br /> The Division's refusal to remove the Cease and Desist Order,despite GIR's full compliance <br /> with its terms, is causing unnecessary harm to GIR. Based on the Division's representations to <br /> GIR regarding the steps GIR needed to take to have the Cease and Desist Order removed by the <br /> Division, GIR, in turn, made numerous representations and promises to its investors and other <br /> z The Division's DMO designation is subject to a separate petition to the Board by GIR. <br /> 6 <br />