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Colorado Department of Public Health and Environment <br />Air Pollution Control Division <br />Western Fuels -Colorado, A Limited Liability Company <br />Permit No. 10M02275 <br />Final Approval — Issuance 4 <br />For any non -criteria reportable pollutant: <br />If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level <br />reported on the last APEN submitted to the Division. <br />b. Whenever there is a change in the owner or operator of any facility, process, or activity; or <br />C. Whenever new control equipment is installed, or whenever a different type of control equipment <br />replaces an existing type of control equipment; or <br />d. Whenever a permit limitation must be modified; or <br />e. No later than 30 days before the existing APEN expires. <br />6. Public access shall be precluded in all areas within the modeling receptor exclusion zone as submitted <br />with the impact modeling with the application by a fence and posting, or posting and patrols where a <br />fence is not practical. Areas surrounding public roads that bisect the property line should contain <br />adequate fencing and posting, or posting and patrols where a fence is not practical, to prevent <br />unauthorized public access. See Attachment B for fence boundary. (Reference: Regulation No. 3, Part B, <br />Section III.6.5) <br />7. The owner or operator shall meet the following limitations based on facility characterization used in the <br />impact modeling for of the facility: <br />- With the exception of emergency conditions, blasting shall not occur outside of the hours of 10:00 AM to <br />3:00 PM, and shall be restricted to a maximum of one blast per day and 14.5 tons of ANFO per blast. The <br />following conditions shall be cause for detonation under emergency conditions: <br />i. Destruction of damaged or deteriorated explosives or detonators in a safe manner; <br />ii. Disposal of misfires and/or undetonated explosives; <br />iii. Firing of charged holes as soon as practicable after cessation of static electricity or stray <br />current conditions when electrical detonators are used; <br />iv. Firing of charged holes as when weather conditions indicate the existence of an imminent <br />safety hazard; <br />V. Operator safety or safety considerations for the general public. <br />- Width of the east and west haul roads shall not exceed 60 ft. The distance from the nearest edge of the <br />road to the modeled receptor exclusion zone fence line shall be greater than 100 feet for the haul road on <br />the western boundary of the mine and greater than 117 ft for the haul road on the eastern boundary of the <br />mine. <br />- Topsoil handling and hauling shall not occur concurrently with overburden or coal handling and hauling. <br />- Overburden and coal handling and hauling shall be restricted to the hours between 7:00 AM toll 1:00 <br />PM. <br />- Topsoil handling and hauling shall be restricted to the hours between 7:00 AM to 11:00 PM with the <br />following activity level restrictions: <br />AIRS ID: 085/0036/003 Page 4 of 10 <br />Appendix 2.05.6(1)-1-4 <br />