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' EXHIBIT 26 <br /> 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 /> 1 5. On September 14, 2011, the Division received a written complaint fi-om <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 /> tcomplaint alleged that the Complainant Property has been flooded and unusable <br /> since the Operator installed the slurry wall. <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. <br /> ' 8. On September 27, 2011, the Division met with Mr. Orr to observe the <br /> ground conditions at the Complainant Property. <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 that Mr. 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 e ate Industries—WCR, Inc. <br /> M-2004-031 <br /> ' MV-2015-003 2 <br />