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4. In or about May 2005, the Operator began installing a slurry wall <br />around the Hazeltine Mine site. On the eastern boundary, of the permit boundary, <br />the slurry wall is located along the west side of the Bull Seep. <br />5. On September 14, 2011, the Division received a written complaint from <br />Fred Orr, manager of Equity Funding, LLC and owner of approximately 4.49 acres <br />that borders the Hazeltine Mine to the east ( "Complainant Property "). The <br />complaint. alleged that the Complainant Property has been flooded_ and unusable <br />since the Operator installed the slurry wall. 1 <br />6. The Fulton Ditch borders the Complainant Property to the east; the <br />Bull Seep borders part of the northern boundary and the western edge of the <br />Complainant Property, between the Complainant Property and the Hazeltine Mine. <br />7. In or about 2010, Mr. Orr hired Environment Inc. to evaluate the site <br />and determine the source of the flooding on the Complainant Property. The <br />President of Environment, Inc., Stevan O'Brian, issued a written report on March <br />31, 2011 ( "Environment Report "). Mr. Orr provided a copy, of the Environment <br />Report to the Operator on or about March 31, 2011. Mr. Orr submitted a copy of the <br />Environment Report to the Division with the complaint the Division received on <br />September 14, 2011. 1 <br />S. On September 27, 2011, the Division met with Mr. Orr to observe the <br />ground conditions at the Complainant Property. I <br />9. On October 5, 2011, the Division inspected the Hazeltine Mine and <br />observed the Complainant Property. Mike Refer, Connie Davis, Kip Raines, and <br />Trey Poulson attended the inspection on behalf of the Operator. Rich Tocher of <br />Tetra Tech also attended the inspection. During the inspection, the Division <br />observed saturated conditions on the Complainant Property, including areas of <br />inundation, standing water, and established wetlands. The Division also observed <br />several large dead trees on the Complainant Property thatMr. Orr reported to have <br />been alive prior to 2004. The Division also observed state - listed noxious weeds on <br />the site. The Division mailed the October 5, 2011 inspection report to the Operator. <br />10. The October 5, 2011 inspection report determined: "The slurry wall <br />installed in 2005, lacking means of ground water conveyance around the pit, is <br />causing ground water mounding and elevated ground water levels upgradient of the <br />site. This is causing the water table to rise to the point that areas that were dry <br />before the slurry wall installation are now saturated, and in some places <br />inundated." The Operator disputed that groundwater mounding was the cause and <br />claimed that the slurry wall was one of many causes of saturation of property and <br />that surface water was the major cause. The October 5, 2011 inspection report <br />Aggregate Industries — WCR, Inc. <br />M- 2004 -031 <br />MV- 2015 -003 2 <br />