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5. At the Board's December 11, 2019 meeting, Operator requested <br />reinstatement of the permit because it had submitted its annual report, fee, and map for <br />2019. Operator also represented through counsel that it was in the process of <br />submitting the required permit conversion application required by the July 2019 Order. <br />6. Through an order effective February 4, 2020 (the "February 2020 Order"), <br />the Board reinstated Operator's permit. <br />7. The February 2020 Order stated that all corrective actions, civil penalties, <br />and previous cease and desist orders from the Board's previous order, including the <br />October 2019 and July 2019 Orders remained in full effect. <br />8. The February 2020 Order also gave Operator ninety days from the <br />Board's December 11, 2019 meeting to "submit a complete 110c to 112c conversion <br />application to the Division to, at minimum, expand the permit area sufficiently to allow <br />the highwall to be modified to conform to the existing permit requirements as outlined in <br />the July 2019 Order." <br />9. Although there was ample time for Operator to comply with prior Board <br />Order's, Operator failed to submit the conversion application to the Division by March <br />10, 2020 as required by the February 2020 Order or at any time subsequent. <br />10. On March 13, 2020, the Division mailed Operator a Reason to Believe a <br />Violation Exists letter stating that Operator's failure to comply with Board orders had <br />been scheduled for a hearing at the Board's April 22, 2020 meeting. <br />11. The Division's March 13, 2020 letter also informed Operator and the <br />financial warrantor that the financial warranty for the site was subject to forfeiture and <br />that the Board would consider the Division's request for forfeiture at its April 22, 2020 <br />meeting. <br />12. On April 10, 2020, the Division mailed Operator an amended notice of <br />hearing providing notice that the Board's April 22, 2020 hearing would be held virtually <br />due to the COVID-19 pandemic and providing Operator with information for joining the <br />hearing via teleconference. <br />13. On April 22, 2020, Operator informed the Division that it would not appear <br />at the Board's hearing. Additionally, the Operator made no further attempts to comply <br />with the outstanding Board Orders and corrective actions. <br />CONCLUSIONS OF LAW <br />14. The Board has jurisdiction over this matter pursuant to the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, <br />C.R.S. (2019) ("Act"). <br />Elk Creek Sand and Gravel, LLC <br />M-'1978-208 <br />MV -2019-022 <br />K <br />