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4. Operator failed to submit the permit conversion application within the <br /> deadline set by the October 22, 2021 Order. <br /> 5. On February 1, 2022, the Division inspected the site and, on February <br /> 23, 2022, mailed a Reason to Believe a Violation Exists Letter to Operator, <br /> providing notice of an alleged violation for failure to comply with the Board's <br /> October 22, 2021 Order and providing notice the matter would be heard at the <br /> Board's April 20, 2022 meeting. <br /> 6. At the April 20, 2022 Board meeting, the hearing was continued to the <br /> Board's July 2022 meeting to give Operator more time to comply with October 22, <br /> 2021 Order. The hearing was subsequently continued to the Board's August 2022 <br /> meeting. <br /> 7. On August 11, 2022, the Division was informed that there was a <br /> dispute as to who had legal right to represent Operator. The Division subsequently <br /> received documentation that Natasha Goldberg was entitled to represent Operator. <br /> 8. In a letter dated October 4, 2022, the Division provided Operator <br /> notice that the hearing had been continued to the Board's December 14, 2022 <br /> meeting to give Operator more time to comply with the October 22, 2021 Order's <br /> corrective actions. <br /> 9. Following a hearing at the December 14, 2022 hearing, the Board <br /> issued an order finding that Operator had failed to comply with a Board order, <br /> suspending the permit, finding the financial warranty subject to forfeiture, <br /> affirming $38,700.00 in civil penalties assessed in the October 22, 2021 Order but <br /> suspending those penalties if Operator complied with corrective actions. The <br /> Board's order, which became effective on April 3, 2023 (the "April 3, 2023 Order"), <br /> required Operator to submit a conversion application by February 1, 2023, with all <br /> material in an approvable form within statutory deadlines, and remove a loader at <br /> the site by January 1, 2023. <br /> 10. Operator removed the loader from the site on December 21, 2022. <br /> 11. Operator filed a permit conversion application. <br /> 12. On March 30, 2023, the Division received documentation indicating <br /> that a new special administrator for the Operator's founding member's estate had <br /> been appointed by the Pueblo District Court and that Ms. Goldberg was no longer <br /> authorized to act on behalf of Operator. <br /> HCR High Country Repair, <br /> Ghost River Gravel Pit/M-2003-002 <br /> MV-2023-001 2 <br />