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bond as of the date of the hearing. Therefore, the Successor of Operators was not yet <br />effective. <br />6. Given the extraordinary circumstances presented in this matter, it is appropriate for the <br />Boazd to grant the Petitioner's petition in this matter, revising the permitted acreage from <br />6.663 acres to 9.92 acres on condition that Elk Creek first becomes the successor to the <br />Aspen Enterprises permit and posts a suitable reclamation bond. The modification of a prior <br />Board order will be addressed in a separate Board order. <br />ORDER <br />Based on the extraordinary circumstances presented herein, the Boazd hereby conditionally <br />grants Elk Creek's petition for a declazatory order to modify its prior Board order in this <br />matter to change the permitted acreage from 6.663 acres to 9.92 acres. The petition for a <br />declaratory order is granted on condition that Elk Creek first (1) becomes the successor to the <br />permit now held by Aspen Enterprises in this matter; and (2) posts a reclamation bond in an <br />amount and form acceptable to the Division. <br />DATED this ~_ day of t~rv><a lo.., r , 2006. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />ra .Paulin, Cha r, Mined Land <br />Reclamation Boazd <br />Aspen Enterprises/Elk Creek Revised Order <br />September 13, 2006 <br />