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The Division's January 17, 2006 review,[ after reciting the definition of "acid or toxic <br />producing materials" contained at CRS 34-32-103(1), states: <br />The Division considers toxic material, in this [Cotter's] context, to be any dissolved <br />constituent whose concentration exceeds applicable groundwater standazds as defined in <br />Regulation 41 - "The Basic Standazds for Groundwater" -established by the Colorado <br />Water Quality Control Commission. <br />While the ore and waste rock from the SM-18 Mine have the potential to release metals <br />in concentrations that may exceed ground or surface water standards for certain constituents, the <br />analysis does not stop there, as the Appellants in this matter would have the Board believe. <br />Significantly, the Act also states at section 34-32-112.5(2): "If an operator demonstrates to the <br />Board at the time of applying for a permit or at a subsequent hearing that acid- or toxic- <br />producing materials will not be used, stored, or disturbed in quantities suft5cient to adversely <br />affect any person, any property or the environment, the Board shall exempt such <br />operations...." [Emphasis added.] <br />Therefore, as the Division states in its June 15, 2005 review memorandum related <br />to the SM-18 Mine, on a site specific basis, depending on how the ore and waste rock aze mined, <br />handled, or stored, "it may be feasible for operators to demonstrate that quantities of <br />released pollutants will be insufficient to adversely affect persons, property or the <br />environment " [See June 15, 2005 memorandum, Division of Minerals and Geology, addressed <br />to Harry Posey from Steve Shuey and Russ Means, titled, "SPLP Results Review: Cotter <br />Corporation SM-18 (Wright) Mine; M-1978-116," at page 2, emphasis added.] <br />~ All documents referred to herein aze contained in the administrative record of these proceedings, and specifically <br />are attached to the July 27, 20061etter from the Division to each member of the Board which includes a copy of the <br />"Division of Minerals and Geology, Designated Mining Operation Pemti[ Status Review" for Cotter's permitted <br />sites, including the SM-18 Mine. For the convenience of the Boazd and the parties, Cotter has provided copies of <br />the materials enclosed vrith the Division's July 27, 20061etter related to the SM-18 Mine. <br />3 <br />