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<br />regarding Stipulation number 2 to be attached to Haldorson's permit should be approved <br />by the Board, perhaps with a contingency that would require Haldorson to cease mining <br />operations should water levels measured in particular monitoring wells reach a certain <br />"trigger" level as determined by the Board. See Memorandum, Russ Means and Kate <br />Pickford to Mined Land Reclamation Board, dated February 26, 2004, "Information <br />submitted to the Division related to the Potential for Groundwater Impacts resulting from <br />the Haldorson Sand and Gravel Mine, Halderson and Sons, Inc. File No. M-2003-037. <br />(DMG Further Response to Petition) (Attachment 1). <br />As stated in Attachment 1 to DMG's Response, DMG has determined that <br />Haldorson's Petition contains new information not available at the original hearing. <br />These new facts include information contained in Greg Lewicki and Associates <br />December 24, 2004 Report accompanying Haldorson's Petition. Specifically, that new <br />information relates to groundwater quality issues on which the Board decided to impose <br />stipulation 2 in the permit. See Lewicki Report at 2-4. That new information indicates <br />that groundwater will not be encountered until at least 40 -50 feet below the surface of <br />the mine. <br />As noted above, DMG believes Haldorson's Petition and Supplement meets the <br />standard in Rule 2.9.1(2). That Rule provides as follows: "Such petitions (for <br />reconsideration) must set forth a clear and through explanation of the grounds justifying <br />reconsideration, including but not limited to new and relevant facts that were not known <br />at the time of the hearing and the explanation why such facts were not known at the time <br />of the hearing." This rule contemplates that new information must be set forth in a <br />petition for reconsideration that was not known at the time of the original hearing and any <br />