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balance in the surrounding area and failing to protect areas outside of the affected <br />land from damage, and providing details regarding a hearing on this matter <br />scheduled for March 25, 2015. The Operator met with thelDivision, but was unable <br />to resolve the Division's concerns. <br />25. At the hearing, the Operator submitted a Groundwater Observation <br />Data Sheet for monitoring well MW -2, indicating that the ground elevation remained <br />unchanged at 5,041.59 feet, and that the water level rose fiom approximately 5,035 <br />feet in 2004 to approximately 5,042 feet in 2006. <br />26. The Division reviewed groundwater monitoring data and found that three <br />(3) groundwater monitoring wells located near the Complainant Property showed <br />significant rises in alluvial groundwater levels after the Operator constructed the <br />slurry wall around the Hazeltine Mine in 2005: (a) the water level in monitoring well <br />MW -2 rose fiom approximately 5,035 feet in 2004 to approximately 5,042 feet in 2006; <br />(b) the water level in monitoring well AlW -11A rose fiom approximately 5,038 feet in <br />2004 to approximately 5,040.2 feet in 2006; and (c) the water level in monitoring well <br />ARNT -11B rose from approximately 5,036 feet in 2004 to approximately 5,039 in 2005. <br />27. At the hearing, the Operator testified that the slurry wall causes the <br />impoundment of one (1) to two (2) feet of additional groundwater. The Operator <br />further testified that other factors that may contribute to the groundwater level, <br />including (a) the flat gradient of the area, (b) the existence lof wetlands on the Orr <br />property prior to mining; (c) the grant of drainage from Fulton Ditch to Orr property <br />by a prior owner; (d) rerouting of First Creek and the Bull Seep; (e) lawn irrigation <br />and stormwater runoff from the Hazeltine Heights Subdivision; (f) the use of the <br />Bull Seep as a waste way by the Fulton Ditch; and (g) the increased carrying <br />capacity of the Fulton Ditch resulting from the ditch being {lined with concrete in or <br />about 2005 with underdrains. <br />28. Groundwater mounding created by the Operator's installation of the <br />slurry wall around the perimeter of the Hazeltine Mine site was a cause of the <br />flooding of the Complainant Property. <br />CONCLUSIONS OF LAW <br />29. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2014) ( "Act "). <br />30. Under section 34- 32.5- 116(4)(h), C.R.S., operators are required to <br />minimize the disturbance to the prevailing hydrologic balance in the surrounding <br />Aggregate Industries — WCR, Inc. <br />M -2004 -031 <br />MW- 2015 -003 <br />G <br />