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EXHIBIT 26 <br /> Mine site, the Division observed that the inlet screen of the Agridrain was clogged with <br /> debris. The Division mailed the March 27, 2014 inspection report to the Operator. <br /> 16. The March 27, 2014 inspection report cited the Operator for failing to <br /> minimize disturbances to the prevailing hydrologic balance of the affected land and <br /> the surrounding area pursuant to section 34-32.5-116(4)(h), C.R.S. and failing to <br /> protect areas outside of the affected land from slides or damage pursuant to section <br /> ' 34-32.5-116(4)(i), C.R.S. The March 27, 2014 inspection report stated: "The <br /> Division cannot evaluate the effectiveness of TR-02 at mitigating the damage done <br /> to the prevailing hydrologic balance if the Agridrain is not operating properly." In <br /> the March 27, 2014 inspection report, the Division estimated that the Agridrain had <br /> not lowered the water level to the elevation predicted in TR-02. As such, the <br /> Operator failed to resolve the violation cited in the October 5, 2011 inspection report <br /> (i.e., failure to minimize the disturbance to the prevailing hydrologic balance in the <br /> surrounding area). The March 27, 2014 required the Operator to, by May 9, 2014, <br /> submit (in the form of a Technical Revision) a weekly monitoring and maintenance <br /> ' plan for the Agridrain, to be reported annually to the Division. The corrective <br /> action required that the Technical Revision include a revised Agridrain inlet screen <br /> design and that the monitoring plan contain an evaluation of the Agridrain's <br /> performance at relieving impacts to the prevailing hydrologic balance. <br /> 17. On May 15, 2014, the Operator submitted Technical Revision 3 ("TR- <br /> 03") to amend TR-02. TR-03 incorporated into the permit a weekly monitoring and <br /> maintenance plan for the Agridrain, an improved Agridrain inlet screen design, and <br /> a surface water monitoring gauge at the inlet pipe of the Agridrain. Under TR-03, <br /> the Operator will report the results of the monitoring plan to the Division. The <br /> Division approved TR-03 on May 15, 2014. <br /> 18. On May 27, 2014, the Division observed the Complainant Property and <br /> inspected the Hazeltine Aline as a follow-up to the Division's March 27, 2014 <br /> inspection. The May 27, 2014 inspection was to observe the operation of the <br /> ' Agridrain. Connie Davis, representing the Operator, and the Operator's contractor, <br /> Nick Silbaugh, attended the inspection. Mr. Orr and Stevan O'Brian, of <br /> Environment, Inc., representing Mr. Orr, attended the inspection. At the <br /> Complainant Property, the Division observed that the land surface was wet and <br /> that portions of the Complainant Property was submerged. The Division estimated <br /> that the water level in the central part of the Complainant Property had dropped <br /> ' approximately 4 to 6 inches since the March 27, 2014 inspection. At the Hazeltine <br /> Mine site, the Division was unable to access the Agridrain location due to recent <br /> rains rendering the road impassible. The Division concluded that the Operator had <br /> failed to resolve the problem cited in the October 5, 2011 inspection report for <br /> ' Aggregate Industries—WCR, Inc. <br /> M-2004-031 <br /> ' MV-2015-003 4 <br />