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4. The Operator requested and received an extension of the deadline to <br />submit the required technical revision and filed TR -01 on November 8, 2018. <br />5. The Division issued an adequacy letter on November 29, 2018 raising <br />two issues with TR -01: 1) Rule 6.3.12, Exhibit L, permanent manmade structures, <br />and 2) Rule 6.5, Geotechnical Stability Exhibit, regarding factor of safety for <br />highwalls. <br />6. On December 17, 2018, the Operator requested an extension of the <br />decision date for TR -01 to January 7, 2019. <br />7. On January 7, 2019, the new decision date for TR -01, the Operator <br />requested a second extension of the decision date to February 6, 2019. <br />8. On February 6, 2019, the Division denied TR -01 because the Operator <br />had failed to address adequacy issues identified by the Division and the <br />application was not adequate. <br />9. The Division issued a Reason to Believe a Violation Exists letter on <br />February 13, 2019 for Operator's failure to comply with the Board's August 16, <br />2018 Order. <br />10. On February 19, 2019, the Operator submitted a delinquent response <br />to the adequacy issues with TR -01 raised by the Division. <br />11. The Division determined that the Operator's delinquent response was <br />not adequate for approval of TR -01. <br />12. At the April 24, 2019 Board hearing, the Division presented <br />testimony regarding the adequacy review of TR -01 and Operator's failure to <br />comply with the August 16, 2018 Order's corrective action. Because of the failure <br />to address the identified adequacy issues in a timely manner, the Division was <br />required to deny TR -01. <br />13. Operator presented testimony that they were working to address the <br />Division's adequacy issues. Nathan Barton, the engineer for Operator, stated that <br />he failed to provide the Division with the required information because he had <br />noted the wrong deadline but stated that he believed they could comply within <br />sixty days if required by the Board. <br />Dale and Ellen Schmidt <br />M-2011-014 <br />MV -2019-008 <br />2 <br />