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Cm December 30, 2003, the Petitioner timely submitted to the Board a <br />Petition for Reconsideration pursuant to Construction Materials Rule 2.9. <br />The Petition for Reconsideration seeks to modify the Boazd's order to <br />allow the Petitioner to mine to a limited depth during the initial phase of <br />mining operations while continuing to monitor groundwater levels for one <br />yeaz. <br />4. The Board has jurisdiction over the parties and the subj ect matter of this <br />proceeding pursuant to C.R.S. Section 34-32.5-114 and Construction <br />Materials Rules 2.8 and 2.9. <br />Construction Materials Rule 2.9 authorizes any party to a hearing to <br />petition the Boazd to reconsider its decision. Construction Materials Rule <br />2.9 states that such petitions must set forth a "cleaz and thorough <br />explanation of the grounds justifying reconsideration, including but not <br />limited to new and relevant facts that were not known at the time of the <br />hearing and the explanation why such facts were not known at the time of <br />the hearing." <br />6. The Petitioner presented evidence, not known at the time of the October <br />hearing, that more accurately depicts the hydrology in the immediate azea <br />of the proposed operation. The evidence includes the following: (1) data <br />from six gravel depth test holes showing the depth of gravel and the strike <br />and dip of the underlying Mancos Shale feature; (2) data from eight <br />additional groundwater monitoring wells drilled in January 2004 showing <br />gravel depths and generally supporting the presence and strike/dip of the <br />