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' EXHIBIT 26 <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2015-003 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY AGGREGATE INDUSTRIES -- <br /> WCR, INC., CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO <br /> ' MINIMIZE DISTURBANCE TO THE PREVAILING HYDROLOGIC BALANCE IN <br /> THE SURROUNDING AREA, File No. M-2004-031 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> March 25, 2015 in Denver, Colorado to consider possible violations by Aggregate <br /> ' Industries—WCR, Inc. ("Operator"), corrective action, and civil penalties for failing to <br /> minimize disturbance to the prevailing hydrologic balance in the surrounding area, <br /> File No. M-2004-031. Tyler O'Donnell, Tony Waldron, Tom Kaldenbach, and First <br /> ' Assistant Attorney General Jeff Fugate appeared on behalf of the Division of <br /> Reclamation, Mining and Safety ("Division'). Michael Refer; Catherine Kraeger- <br /> Rovey, PE; Tim Flanagan, Esq.; and Connie Davis appeared on behalf of the Operator. <br /> The Board, having considered the parties' presentations, testimony, and the <br /> administrative record, and being otherwise fully informed of the facts in the matter, <br /> 1 enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c reclamation permit for an 203.9-acre sand <br /> and gravel site located in Section 9, Township 2 South, Range 67 Vest, 6th <br /> Principal Aleridian in Adams County, Colorado, permit number M-2004-031. The <br /> site, known as the Hazeltine Aline, is located approximately six miles northeast of <br /> Commerce City and approximately three miles south of Henderson, Colorado. <br /> ' 2. The Hazeltine Aline is bordered by the South Platte River to the west; the <br /> Howe Pit, permit number M-1978-052, to the north; 104th Avenue to the south; and <br /> ' the Bull Seep ditch to the east. The Bull Seep historically was located farther to the <br /> west. Upon receiving approval of the permit for the site, the Operator relocated the <br /> Bull Seep eastward in or about 2005,just inside the perimeter of the permit boundary. <br /> 3. Prior to any mining in the area, the Bull Seep drained from south to <br /> north in between the South Platte River and the Fulton Ditch. The Bull Seep <br /> historically, drained into First Creek north of the Hazeltine Mine. <br />