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engineer and a revised mining and reclamation plan covering the already disturbed azea plus <br />any area intended for future mining and reclamation. Aspen Enterprises was ordered to <br />submit a reclamation bond of $35,000.00 to the Division within sixty (60) days of the <br />signature date of the Board order. The Board assessed civil penalties in the amount of <br />$1,500.00, but suspended payment of the civil penalties if Aspen Enterprises complied with <br />the Boazd order in a timely manner. The Boazd order was signed on April 6, 2006. <br />6. Aspen Enterprises failed to comply with the Boazd order in a timely manner. <br />7. Elk Creek appeared before the Boazd on September 13, 2006 for a hearing in conjunction <br />with a petition for a declazatory order revising the permitted acreage from 6.663 acres to the <br />assumed 9.92 acres. (A separate order addresses the petition.) Elk Creek testified that it <br />was unable to continue mining at the site because no more mined material existed within the <br />revised 6.663-acre permit boundaries. The remaining material was located within the azea <br />outside of the 6.663-acre boundaries but within the 9.92-acre boundary. The Boazd heard <br />testimony that the area to be mined was disturbed by both Elk Creek and a previous mining <br />operator and consists in part of an 80-foot highwall that presents safety and/or stability <br />issues. Elk Creek agreed to post a reclamation bond in a form and amount suitable to the <br />Division to replace the reclamation bond ordered by the Board at its Febmary 2006 hearing. <br />Just prior to the formal Boazd hearing in this matter, Elk Creek submitted a "Request for <br />Transfer of Construction Materials Permit and Successor of Operators" form ("Successor of <br />Operators form")pursuant to Construction Materials Rule 1.12.1(2). The Successor of <br />Operators form allows one entity to succeed to another entity's permit provided the <br />successor entity posts financial warranties that are sufficient to ensure reclamation in the <br />event reclamation must be completed by the Division. The Board heard testimony that the <br />Aspen Ente~prises/Elk Creek Revised Order <br />September 13, 2006 <br />