2013-10-28_PERMIT FILE - C1996083A (3)

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Bowie Resources, LLC Permit No. 96DL103-7F Final Approval Colorado Department of Public Health and Environment Page 6 Air Pollution Control Division • GENERAL TERMS AND CONDITIONS: (MPORTANTI READ ITEMS 5.6.7 AND S 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically Identified on the permit. 2. Unless specifically stated otherwise,the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 26-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge-to or appeal of, a condition hereof shall constitutes rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab inifio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for relew of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section 111.11 upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25- 7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IVA. Final approval cannot be granted until the operation or activitycommences and has been verified by the APCD as conforming in all respectswith the conditions of thepermit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conrffions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later, (2) discontinue construction fora period of 18 months or more; or (3) do not complete constructionwithin a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permitee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) priorto commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section N.H.I., and can result in the revocation of the permit. You must demonstrate compliance with the permitconditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C. R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Polhrtion Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement),-121 (injunctions),-122 (civil penalties),-122.1 (criminal penalties), C.R.S. 9 029/00491007