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11. Because the new evidence presents a persuasive case that the Boazd's <br />October order should be modified to allow mining under the restrictions <br />proposed by the Petitioner and recommended by the Division staff, it is <br />appropriate that the Boazd modify its October order pursuant to <br />Construction Materials Rule 2.9. Specifically, it is appropriate that the <br />Boazd modify Condition #2 to allow mining to a depth of 13 feet during <br />Phase T of operations, with such operations to be suspended if water levels <br />rise to within 25 feet of the surface during mining. The 25-foot depth-to- <br />water mark will be determined by reference to groundwater levels <br />contained in the eight groundwater monitoring wells drilled by the <br />Petitioner in January 2004. <br />ORDTR <br />Based on the foregoing facts and conclusions of law, the Boazd orders that the <br />Petition for Reconsideration is hereby granted and that Condition #2 in Haldorson and <br />Sons, Inc.'s Section 112 Reclamation Permit is hereby modified to read as follows: <br />2. The operator shall not excavate beyond a maximum depth of 13 feet below <br />existing surface elevations during Phase I until one full yeaz of <br />groundwater monitoring data has been submitted, reviewed and approved <br />by the Division. Should groundwater rise to a depth of 25 feet below the <br />original ground surface, as measured by groundwater levels in eight <br />groundwater monitoring wells drilled by the Petitioner in January 2004, all <br />excavation shall cease in that azea until the water table has receded below <br />the 25-foot depth-to-water mark. Under no circumstances is groundwater <br />