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EXHIBIT 26 <br /> balance in the surrounding area and failing to protect areas outside of the affected <br /> ' land from damage, and providing details regarding a hearing on this matter <br /> scheduled for March 25, 2015. The Operator met with the Division, but was unable <br /> to resolve the Division's concerns. <br /> 25. At the hearing, the Operator submitted a Groundwater Observation <br /> Data Sheet for monitoring well MW-2, indicating that the ground elevation remained <br /> unchanged at 5,041.59 feet, and that the water level rose from approximately 5,035 <br /> feet in 2004 to approximately 5,042 feet in 2006. <br /> 26. The Division reviewed groundwater monitoring data and found that three <br /> (3) groundwater monitoring wells located near the Complainant Property*showed <br /> significant rises in alluvial groundwater levels after the Operator constructed the <br /> slurry wall around the Hazeltine Mine in 2005: (a) the water level in monitoring well <br /> MW-2 rose from approximately 5,035 feet in 2004 to approximately 5,042 feet in 2006; <br /> (b)the water level in monitoring well 11'IW-11A rose from approximately 5,038 feet in <br /> ' 2004 to approximately 5,040.2 feet in 2006; and (c) the water level in monitoring well <br /> MTV-11B rose from approximately 5,036 feet in 2004 to approximately 5,039 in 2005. <br /> ' 27. At the hearing, the Operator testified that the slurry wall causes the <br /> impoundment of one (1) to two (2) feet of additional groundwater. The Operator <br /> further testified that other factors that may contribute to the groundwater level, <br /> including (a) the flat gradient of the area, (b) the existence of wetlands on the Orr <br /> property prior to mining; (c) the grant of drainage from Fulton Ditch to Orr property <br /> by a prior owner; (d) rerouting of First Creek and the Bull Seep; (e) lawn irrigation <br /> and stormwater runoff from the Hazeltine Heights Subdivision; (0 the use of the <br /> Bull Seep as a waste way by the Fulton Ditch; and (g) the increased carrying <br /> capacity of the Fulton Ditch resulting from the ditch being lined with concrete in or <br /> ' about 2005 with underdrains. <br /> 28. Groundwater mounding created by the Operator's installation of the <br /> ' slurry wall around the perimeter of the Hazeltine Mine site was a cause of the <br /> flooding of the Complainant Property. <br /> ' CONCLUSIONS OF LAW <br /> 29. The Board has jurisdiction over this matter pursuant to the Colorado <br /> ' Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br /> Title 34, C.R.S. (2014) ("Act"). <br /> 30. Under section 34-32.5-116(4)(h), C.R.S., operators are required to <br /> minimize the disturbance to the prevailing hydrologic balance in the surrounding <br /> ' Aggregate Industries—WCR, Inc. <br /> M-2004-031 <br /> ' MV-2015-003 6 <br />