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r `J i CONSTRUCTION 1VIATERIALS EXTRACTION Presentation Form GENERAL INFORMATION Inspection Date: N/A File No.: M-2003-037 Permttee: Haldorson & Sons, Inc. Operator: Mazk Haldorson Existing Bond: $1250.00 (monitor wells only) Method of Mining: Surface /conventional Permit Type: 112c Permitted Acres: 154 Commodity: Sand and Gravel County: Montrose Adequate? YES Specialist: Russ Means Issue Before the Board: Haldorson and Sons has submitted a Petition For Reconsideration of Stipulation No. 2 of the Boazd Order approved on October 30~', 2003 and signed by the Boazd Chair on December 12a', 2003. Stipulation No. 2 as approved states "The operator will implement the groundwater monitoring as outlined in documentation by Don May and sub_mitted~zy_Bnnks and_G~ss2on_rho nnn&rnru_behalfOri_,$ep e-Division- will require three (3) up gradient and three (3) down gradient wells to be installed prior to any ground disturbance in any one place. Prior to commencement of mining operations; the monitors shall be monitored weekly, on the same day and time for one (1) full year for depth of water. The data shall be logged and submitted to the Division as a single report that will summarize the data for analytical purposes. " Specifically, the Petition for Reconsideration asks for a review of the portion of the stipulation that requires no disturbance can be conducted prior to the one full year of monitoring. Haldorson and Sons wishes to present data in support of allowing controlled excavation to a depth of 13 feet below the current surface on site until the one full year of monitoring has concluded. Rule 2.9.1(2) states, "Such a petition must set forth a clear and thorough explanation of the grounds just~ing reconsideration, including but not limited to new and relevant facts that were not known at the time of the hearing and the explanation why such facts were not known at the time of the hearing. " Histo On December 27th, 2003, Haldorson and Sons formally submitted to the Board a Petition for Reconsideration. The Petition is based on a report prepazed on their behalf by Lewicki and Associates concerning the hydrological and geological conditions at and adjacent to the approved mine site. DMG staff reviewed the data submitted by Mr. Lewicki and in its opinion determined that the data may in fact be relevant to the Boazd's decision to implement the no mining for 1 yeaz within Stipulation No.2. The AGO representative to the Division, Steve Brown, issued a Response to the Petition based on staff memos concerning this issue. The Boazd agreed to address the Petition during its January regulaz hearing and set a hearing time for the February 25th and 26th, 2004 monthly meeting. Subsequent scheduling conflicts-for representatives of the original objectors postponed the hearing until the March 2004 hearing. All parties were ordered to have relevant documentation and exhibits submitted to the Boazd by Mazch 1st, 2004. DMG staff, Lewicki and Associates on behalf of the operator and Suzanne McIntosh as representative for the objectors submitted information within this time frame. It should be noted to the Board, that Haldorson and Sons implemented the required groundwater monitoring program in December of 2003 for the entire site, not just the first phase as required under Stipulation No.2 and has posted a bond for the reclamation of these wells as prescribed under Stipulation No.3.