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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 /> M V-2019-022 2 <br />