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Board found Aspen Enterprises in violation of Section 34-32.5-116(4)(1) of the Act for <br />failing to protect azeas outside of the affected land from slides or damage during mining <br />operations. The Board ordered Aspen Enterprises to cease and desist from conducting <br />mining and any mining-related activities outside of the approved 6.663-acre permit azea, <br />except for reclamation activities, until such time as any off-site area was included in an <br />approved reclamation plan. The Boazd ordered Aspen Enterprises to submit a complete <br />permit amendment within ninety (90) days of the signature date of the Board order. The <br />pennit amendment was to include a stability assessment prepared by a professional <br />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 Board order was signed on April 6, 2006. <br />3. Aspen Enterprises failed to comply with the Boazd order in a timely manner. <br />4. Elk Creek now appears before the Board for a hearing seeking a declaratory order revising <br />the pennitted acreage from 6.663 acres to the assumed acreage, 9.92 acres. Elk Creek <br />testified that it was unable to continue mining at the site because no more mined material <br />existed within the revised 6.663-acre permit boundaries. The remaining material was <br />located within the azea outside of the 6.663-acre boundaries but within the 9.92-acre <br />boundary. The Boazd heazd testimony that the azea to be mined was disturbed by both Elk <br />Creek and a previous mining operator and consists in part of an 80-foot highwall that <br />presents safety and/or stability issues. Elk Creek agreed to post a reclamation bond in a <br />Aspen En[eiprises/Elk Creek Revised Order <br />September 13, 2006 <br />