2016-10-05_ENFORCEMENT - M2004031

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Exhibit B 4. In or about May 2005, the Operator began installing a slurry wall around the Hazeltine Mine site. On the eastern boundary of the permit boundary, the slurry wall is located along the west side of the Bull Seep. 5. On September 14, 2011, the Division received a written complaint fi-om Fred Orr, manager of Equity Funding, LLC and owner of approximately 4.49 acres that borders the Hazeltine Mine to the east ("Complainant Property"). The complaint alleged that the Complainant Property has been flooded and unusable since the Operator installed the slurry wall. G. The Fulton Ditch borders the Complainant Property to the east; the Bull Seep borders part of the northern boundary and the western edge of the Complainant Property, between the Complainant Property and the Hazeltine Mine. 7. In or about 2010, Mr. Orr hued Environment, Inc. to evaluate the site and determine the source of the flooding on the Complainant Property. The President of Environment, Inc., Stevan O'Brian, issued a written report on March 31, 2011 ("Environment Report"). Mr. Orr provided a copy of the Environment Report to the Operator on or about March 31, 2011. Mr. Orr submitted a copy of the Environment Report to the Division with the complaint the Division received on September 14, 2011. 8. On September 27, 2011, the Division met with Mr. Orr to observe the ground conditions at the Complainant Property. 9. On October 5, 2011, the Division inspected the Hazeltine Aline and observed the Complainant Property. Mike Refer, Connie Davis, Iiip Raines, and Trey Poulson attended the inspection on behalf of the Operator. Rich Tocher of Tetra Tech also attended the inspection. During the inspection, the Division observed saturated conditions on the Complainant Property, including areas of inundation, standing water, and established wetlands. The Division also observed several large dead trees on the Complainant Property that Mr. Orr reported to have been alive prior to 2004. The Division also observed state-listed noxious weeds on the site. The Division mailed the October 5, 2011 inspection report to the Operator. 10. The October 5, 2011 inspection report determined: "The slurry wall installed in 2005, lacking means of ground water conveyance around the pit, is causing ground water mounding and elevated ground water levels upgradient of the site. This is causing the water table to rise to the point that areas that were dry before the slurry wall installation are now saturated, and in some places inundated." The Operator disputed that groundwater mounding was the cause and claimed that the slurry wall was one of many causes of saturation of property and that surface water was the major cause. The October 5, 2011 inspection report Aggregate Industries—WCR, Inc. M-2004-031 MV-2016-003 2 M-2004-031 Aggregate Industries Exhibit 13