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6. On July 13, 2022, Operator appealed the Division's final DMO <br /> determination. The hearing for the appeal was continued several times at <br /> Operator's request. <br /> 7. On January 18, 2023, Operator withdrew its appeal and agreed to <br /> the Division's determination of DMO status. <br /> 8. On February 16, 2023, Operator requested an extension of the due <br /> date to submit the DMO application to January 18, 2024. <br /> 9. On March 1, 2023, the Division approved the extension request. <br /> 10. On December 22, 2023, the Division received a request from Operator <br /> to extend the deadline for submission of the DMO Application by an additional 365 <br /> days. <br /> 11. On December 22, 2023, the Division informed Operator that it had set <br /> Operator's request for a hearing before the Board at its January 17, 2024 meeting. <br /> 12. At the Board's January 17, 2024 meeting, the Division presented <br /> testimony regarding Operator's request for an extension of the deadline to file a <br /> DMO application. The Division discussed working with the Operator, including <br /> that the Division inspects the site quarterly and receives quarterly reports from the <br /> Operator. The Division also stated that it works well with the Operator, with the <br /> Operator submitting monthly water sampling reports and that there were currently <br /> no exceedances of the standards required by Operator's discharge permit. The <br /> Division supports the 365-day extension but requested that, should the Board <br /> approve the extension, it do so with the following conditions: 1) no additional time <br /> be granted for submission of Operator's DMO Application, 2) should Operator fail to <br /> timely file its DMO application, the life of the mine be declared ended and final <br /> reclamation begin, and 3) if Operator submits its DMO Application by the January <br /> 17, 2025 deadline but does not obtain approval within the statutory time limit, no <br /> additional time be granted for review of the application and end of the life of the <br /> mine be declared with final reclamation beginning in accordance with the applicable <br /> rules. <br /> 13. Operator also presented testimony regarding its request for an <br /> extension. Operator testified that it had collected five quarters of baseline water <br /> testing, which took 15 months and was not completed until December 2023. <br /> According to Operator, much of the delay was related to this baseline testing <br /> because it was necessary to develop an environmental protection plan. With the <br /> baseline testing done, Operator stated that it is able to move forward with its DMO <br /> Application and that it was comfortable with the January 17, 2025 deadline. <br /> Grand Island Resources LLC, <br /> M-1977-410 2 <br />