Navigation bar issue with Modal popup in Counter theme on WP

I'm having an issue where the navigation bar moves, covering up my Modal popup. It's as if the Modal popup is underneath the nav bar. When you scroll down it eventually returns to the top of the window. But when a visitor first lands on my website this is how its displayed -- nav bar in the middle of the Modal popup window.

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Anyone else experience this? What is the best way to resolve it?

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