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EXHIBIT 26 <br /> required the Operator to implement corrective action by, within sixty (60) days, <br /> submitting to the Division a plan (in the form of a Technical Revision) to"provide a <br /> means of conveyance around the pit, outside the slurry wall, that will maintain the <br /> ground water table at a level that will prevent water table rises and <br /> saturation/inundation of the upgradient ground." The October 5, 2011 inspection <br /> report required the Operator to complete the plan within ninety (90) days of the <br /> Division's approval of the plan. The October 5, 2011 inspection report also required <br /> the Operator to, by April 1, 2012, implement weed control measures and provide <br /> proof that such measures have been implemented. <br /> 11. On May 4, 2012, the Operator submitted Technical Revision 1 ("TR-01") <br /> to the Division. The Division approved TR-01 on January 1, 2013. <br /> ' 12. On May 15, 2012 and May 30, 2013, the Division inspected the <br /> Hazeltine Mine and observed the Complainant Property. During the inspections, the <br /> Division found saturated conditions on the Complainant Property caused by <br /> ' groundwater mounding. The Operator disputed causation and asserted that surface <br /> water was the major cause. <br /> ' 13. The Operator submitted Technical Revision 2 ('` 11-02") to the Division <br /> on May 1, 2013. TR-02, which superseded TR-01, incorporated installation of an <br /> Agridrain, a permanent surface water control structure that the Operator proposed <br /> would lower the water level near the Complainant Property to an elevation of <br /> 5,038.59 feet. The Division approved TR-02 on July 1, 2013. The Agridrain was <br /> installed at a location north of the Complainant Property, through the slurry wall <br /> and into the Hazeltine Mine pit. Construction of the Agridrain was completed in or <br /> about fall 2013. <br /> 14. On or about March 19, 2014, the Division received a complaint by <br /> telephone from Mr. Orr, alleging that the Complainant Property continued to <br /> be flooded. <br /> ' 15. On March 27, 2014, the Division inspected the Hazeltine Mine and <br /> observed the Complainant Property as a follow-up to Mr. Orr's complaints. Connie <br /> Davis, representing the Operator, and the Operator's contractor, Nick Silbaugh, <br /> attended the inspection. Mr. Orr attended the majority of the inspection; Stevan <br /> O'Brian, of Environment, Inc., representing Mr. Orr, attended the inspection. At the <br /> ' Complainant Property, the Division observed that the land surface was wet, that <br /> portions of the Complainant Property were supporting hydrophytic vegetation, and <br /> that the northwest corner of the Complainant Property, the lowest point of the <br /> property,was submerged. The Division estimated that other portions of the <br /> Complainant Property were covered by up to two (2) feet of water. At the Hazeltine <br /> Aggregate Industries—WCR, Inc. <br /> M-2004-031 <br /> NIV-2015-003 3 <br />