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form and amount suitable to the Division to replace the reclamation bond ordered by the <br />Boazd at its February 2006 hearing. Just prior to the formal Boazd hearing in this matter, <br />Elk Creek submitted a "Request for Transfer of Construction Materials Permit and <br />Successor of Operators" form ("Successor of Operators form") pursuant to Construction <br />Materials Rule 1.12.1(2). The Successor of Operators form allows one entity to succeed to <br />another entity's permit provided the successor entity posts financial warranties that aze <br />sufficient to ensure reclamation in the event reclamation must be completed by the Division. <br />The Boazd heazd testimony that the Successor of Operators form was signed by Aspen <br />Enterprises prior to the Boazd hearing. The Board also heazd testimony that the Successor <br />of Operators form, as submitted, was acceptable to the Division. In order to complete the <br />transfer, the Division needed to receive a reclamation bond from Elk Creek in a form and <br />amount acceptable to the Division. <br />It is appropriate for the Boazd to consider the following facts: (1) provided it can mine <br />outside of the revised 6.663 revised permit acreage but within the original 9.92 acres, Elk <br />Creek testified that it has agreed to post a suitable reclamation bond and to reclaim that area; <br />(2) the Division testified that Aspen Enterprises has not submitted a revised reclamation <br />bond for that azea and the existing reclamation bond is insufficient to reclaim the site; (3) the <br />Division testified that the site presents a safety and/or stability risk if it is not reclaimed; (4) <br />Elk Creek and the Division testified that Aspen Enterprises has consented to allow Elk <br />Creek to become the new permittee for the site by signing a Succession of Operators form; <br />and (5) the Division testified that the Successor of Operators form was acceptable to the <br />Division, as presented, but that it still needed to receive a reclamation bond from Elk Creek <br />in a form and amount acceptable to the Division. However, Elk Creek had not posted a <br />Aspen Enterprises/Elk Creek Revised Order <br />September 13, 2006 <br />