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Page 12, Paragraph 3. ~J Reclamation methods and techniques are not part the Petition for Reconsideration and therefore were not considered. Page 12, Paragraph 4, Staff agrees that this statement is not entirely accurate. Mr. Bean does irrigate field to the east / southeast of the mine. However, the acreage borders Phases 3, 4 and possible 5. Based on data supplied by both the operator and opposition, the general flow of groundwater is in a northwesterly direction on the mesa. Therefore, the return /recharge from Mr. Bean's fields in general, probably flows away from the mine towards Mexican Gulch and the unidentified draw directly to the east. There is little or no chance that irrigation from Mr. Bean's fields will have any impact on Phase 1, which is the area directly under review with this Petition for Reconsideration of Stipulation No. 2. 12, Paragraph 5. Adjudicated springs would only be affected if groundwater was intercepted and impacted by the mining operation. Staff review of the information presented as part of the Petition to Reconsider cannot identify any scenario where groundwater would be intercepted and impacted, other than the removal of the irrigated fields from production. The lack of irrigation will occur regardless of the mining operation beginning to excavate or not. Installed monitoring wells that are tested weekly and the proposed action level for the ceasing of excavation if water levels rise to a certain height all guarantee that no interception or impact from mining will occur. As for how the irrigation will be reinstalled, that issue is not part of the Petition for Reconsideration. Page 12, Paragraph 6. It is not permitted to catch and store anv water without a Hermit and water rights issued bV the O.S.E. and Colorado Water Court." Any waters collected in a storm event must be released within 72 hours without the proper permits. The operator has committed to complying with ail state and federal laws concerning water with this operation. Percolation and sieve tests show that, unless it was an abnormal event, stormwater would naturally percolate into the ground within 72 hours and thus is believed not to be a problem. Page 13, Paragraph 2. feet?" The approved permit calls for 2 feet of material to be reinstalled if ground water is encountered. The Petition for Reconsideration if approved would commit the operator to 5 feet of material cover. The approval of the Petition would supercede the 2-foot cover commitment with the 5 foot one.