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1 toxic-producing materials "in quantities sufficient to adversely affect any person, any property, or the environment." Id. (emphasis added). In this case, the DMG's July 25, 2005 Notice of Determination clearly states that SM-18 Mine meets the criteria for a DMO. The July 25, 2005 DMG determination was based on recently conducted Synthetic Precipitate Leachate Procedure ("SPLP") tests on waste rock and ore samples from the SM-18 Mine. The July 25, 2005 DMO Determination was also based on numerous DMG inspections of operational conditions conducted in early 2005 that analyzed surface conditions, restart conditions, and actual mining operations. The SPLP tests and site investigations confirmed the presence, exposure, and disturbance of toxic and acid forming materials at the SM-18 mine that could adversely effect human health, property or the environment. At that point, the DMO standard was satisfied. C.R.S. § 34-32-103(3.5)(a)(II), C.R.S. § 34-32-112.5(2). The SPLP test further confirmed that these materials exceed applicable water quality parameters. In particular, the SPLP tests demonstrated the SM-18 Mine has a potential to release Aluminum, Lead, Selenium, Uranium, and Zinc. These materials are "toxic or acidic materials" under applicable law, further confirming that SM-18 is a DMO pursuant to C.R.S. § 34-32- 103(3.5)(a)(II). The subsequent October 5, 2005 DMG inspection revealed full production, 50 tons of ore stockpiled adjacent to a county road, and trucks hauling materials to the dump. A recent inspection report, issued after the DMG's reversal of its DMO finding and dated April 5, 2006 indicates that active mining has "halted again for the near future." The notice in the April 12, 2006 meeting agenda indicates that the DMG's final non-DMO determination was based on staff's "acceptance" of groundwater models, unspecified reports, and other assertions made by Cotter. Staff accepts that contaminants from the waste rock or underground workings will not have a deleterious effect on the ground water quality in the immediate area. However, the DMG appears to have adopted a position that contravenes the SPLP tests that establish that SM-18 has the potential to release toxic or acidic materials. As chazacterized in the public notice in the April 12, 2006 meeting agenda: The initial finding was based on SPLP test results that showed that toxic-formine materials were present in the waste rock and ore that is being deposited at the surface of the operation. (emphasis added) This notice, like the other records in the DMG file, supports Appellants' request that the MLRB reject the final non-DMO finding as contrary to facts in the record and applicable law. Indeed, it appears that the DMG is using an artificially heightened standard to review the DMO status. For example, the DMG repeatedly equates the definition of "acid or toxic producing materials" with "potential to release metals in concentrations that exceed ground or surface water standards" See July 25, 2005 Notice and June 15, 2005 SPLP results review. However, the MLRA specifically