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Specifically, it is appropriate for the Board to declare moot (I) the cease and desist order <br />preventing Aspen Enterprises from mining outside of the 6.663-acre permit area; (2) the <br />requirement to complete a permit amendment containing a slope stability analysis and a <br />revised mining and reclamation plan; and (3) the requirement to post a reclamation bond of <br />$35,000.00 within sixty days of the signature date of the April Order. It is likewise <br />appropriate for the Board to vacate that portion of the April Order that assessed civil <br />penalties of $1,500.00. It is appropriate for the Board to order the Operator to submit a <br />slope stability analysis for the highwall in the form of a technical revision within 30 days <br />of the signature date of the Board order. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby declares <br />moot (1) the cease and desist order preventing Aspen Enterprises from mining outside of the <br />6.663-acre permit area; (2) the requirement to complete a permit amendment containing a slope <br />stability analysis and a revised mining and reclamation plan; and (3) the requirement to post a <br />reclamation bond of $35,000.00 within sixty days of the signature date of the April Order. <br />Furthermore, the Board hereby vacates that portion of the April Order that assessed civil <br />penalties of $1,500.00. The Board hereby orders the Operator to submit a slope stability <br />analysis for the highwall in the form of a technical revision within 30 days of the signature date <br />of the Board order. <br />Aspen Enterprises/Elk Creek Revised Order <br />October 18, 2006 <br />