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Bowie Resources, LLC <br />Permit No. 96DL103-1 <br />Final Approval Colorado Department of Public Health and Environment <br />Page 5 Air Pollution Control Division <br />GENERAL TERMS AND CONDITIONS: BMPORTANTI READ ITEMS 5.6.7 AND <br />1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is <br />conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this <br />information and with representations made by the applicant orapplicanrs agents. It is valid only for the equipment and <br />operations or activity specifically identified on the permit. <br />2. Unless specifically stated otherwise, the general and specific conditions contained In this permit have been determined <br />by the APCD to be necessary to assure compliance with the provisions of Section 26-114.5(7)(a), C.R.S. <br />3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a <br />condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed <br />denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division <br />(APCD) on grounds set forth in the Colorado Air Quality Control Ad and regulations of the Air Quality Control <br />Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a <br />permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant <br />or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. <br />4. This permit and any required attachments must be retained and made available for inspection upon request at the <br />location set forth herein. With respect to a portable source which is moved to a new location, a copy of the Relocation <br />Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this <br />permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part 8, <br />Section II I.B. upon a request for transfer d ownership and the submittal of a revised APEN and the required fee. <br />5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this <br />source. Final approval of the permit must be seared from the APCD in writing in accordance with the provisions of 25- <br />7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section N.H. Final approval cannot be granted until the <br />operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of <br />• Ihepernit lithe APCD so determines, it wIll provide written documenlation of such Inal approval,vilich does constitute <br />"final" authorityto operate. Compliance with the permit conditions must be demonstrated whin 180 days after <br />commencement of operation. <br />6. . THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months <br />after either the date of issuance of this permit or the date on which such construction or activity was scheduled to <br />commence as set forth in the permit, whicheveris later, (2) discontinue construction for a period of 18 months or more; or <br />(3) do not complete constructionwithinareasonable timeoftheestimated completion date. Extensions of the expiration <br />date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. <br />7. YOU MUST nottfytheAPCDatleast thirtydays(fifteen days forportablesources) priortocommencementOfthe <br />permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC <br />Regulation No. 3, Part B, Section N.H.I., and can result in the revocation of the permit You must demonstrate <br />compliance with the permit conditions within 180 days afte commencement of operation as stated in condition 5. <br />8. Section 25-7-114.7(2)(a),C.R.S.requires that ail sources required to filean Air Pollution Emission Notice (APEN)must <br />pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the <br />ownermust notify the Division in writing requesting a cancellation of the permit Upon notification, annual fee billing will <br />terminate. <br />9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or the <br />regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 <br />(enforcement), -121 (injunctions), -122 (civil penalties),-122.1 (criminal penalties) C.R.S. <br />029/0049/001