PERMFILE40639

• Permit No: C1980006
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Doc Name: KERR MINE EMISSIONS PERMIT
• Section_Exhibit Name: EXHIBIT 44
• Media Type: D
• Archive: No

'.~, .•:-nr~~ ~i OHMS ANU CJUf~JI I IL',v5: (I(ti4PORTANT. REAu ~ i ~..~.:. :,~._. ~
• 1.L This oCr,^::t is issued in reliance upon the accuracy and completeness of information
supplied by the applicant and is condi;,onc:; .:pon construction, installation and operation
m accoroance :'nth tha ir.torma±io~ end with representations made : y .. ~e applicant or its
~y~; i:~.
2. Thic per!r~it is valid only for the equipment ar~d operations specifically identified herein.
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 hereo` shall constitute a rejection of the entire permit
and upon such occurrence this permit shall be deemed denied ab initio.
4. 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.
_ _ _ 5. This permit must be retained and made available for inspection upon_ request at the
location set o erem. ~ifl-i respedT to a portable sourcewhich is moved-to-a-new - - - - -
Idcatioh, acopy of"the revised Air Pollutant Emissions Notice (APEN) (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 as provided in Section III.B. of
AQCC Regulation No. 3 upon transfer of ownership.
6. Initial approval of an emission permit does not provide "final" authority for operation of this
• source. Final approval of the permit must be secured from the APCD in writing in
accordance with the provisions of C.R.S. 1973, Section 25-7-114(4)(j) and Section IV.H. of
AQCC Regulation N_o. 3. Final approval cannot be granted until construction is completed
and operation and construction have been verified by the APCD-as conforming in all
respects with the conditions of the initial approval permit. _
7. You MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to
commencement of the permitted operation or activity. Failure to do so is a violation of
C.R.S. 1973, Section 25-7-114(4)(j) and Regulation No. 3., Section IV.H.1., and can result in
the revocation of the initial approval permit.
i
8. You MUST obtain finial approval within six months of the commencement of operation as
that term is defined by the AQCC. Failure to obtain final approval will result in the
revocation of the initial approval permit.
9. If the APCD determines that the terms and conditions of the initial approval permit have
been satisfied, the APCD will issue a final approval permit, which does constitute "final"
authority to operate as discussed in Paragraph 6 above.
10. Violation of the terms of a final approval permit or of the provisions of the Colorado Air
Quality Control Act or the regulations of the AQCC may result in administrative, civil or
criminal enforcement actions under C.R.S. 1973, Sections 25-7-115 (enforcement), 25-7-
121 (injunctiohs), 25-7-122 (civil penalties) and 25-1-114 (criminal penalties).
11. Unless specifically stated otherwise, the general and special conditions contained in
this permit have been determined by the APCD to be necessary to assure compliance
• with the provisions of C.R.S. 1973, 25-7-114(4)(8) and, as such, shall be enforceable
under the prbvisions of C.R.S. 1973, 25-7-115 after final approval of the permit has been
granted: \ - - .