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HAYDEN GULCH TERMINAL, INC. DRAFT <br />• Permit No. OOR00297F <br />Initial Approval PERMIT <br />Page 6 <br /> GENERAL TERMS AND CONDITIONS: (IMPORTANTI READ ITEMS 5.8.7 AND 81 <br />1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and <br /> is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance <br /> with this information and with representations made by the applicant or applicant's agents. It is valid only for the <br /> equipment and 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 <br /> determined by the APCD to be necessary to assure compliance with the provisions of Sedion 257-114.5(7)(a), <br /> 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 <br /> of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall <br /> be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution <br /> Control Division (APCD) on grounds set forth in the Colorado Air Duality Control Ad and regulations of the Air <br /> Duality Control Commission (ADCC), including failure to meet any express term or condition of the permit. If the <br /> Division denies a permit, conditions impaled upon a permit are contested by the applicant, or the Division revokes <br /> a permit, the applicant or owner or operator of a source may request a hearing before the ADCC for review of the <br /> 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 wpy of the <br /> Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should <br /> be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in ADCC <br /> Regulation No. 3, Part B, Sedion III.B. upon a request for transfer of ownership ant the submittal of a revised APEN <br /> 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 pertntt must be secured from the APCD in writing in accordance with the provisions <br /> of 257-114.5(72)(a) C.R.S. and ADCC Regulation No. 3, Part B, Section IV. H. Final approval cannot be granted <br /> until the operation or activity commences and has been verified by the APCD as coMortning in all respects with the <br /> conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, <br /> which does constitute Ynal' authority to operate. Compliance with the permit crondltlons must Ne demonstrated <br /> wlthln 180 days after commencement o/operat/on. <br />6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction ar 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, whichever is later, (2) discontinue construction for a period of 18 months or <br /> more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions <br /> of the expiration date may be granted by the APCD upon a showing of goad cause by the pernittee prior to the <br /> expiration date. <br />7. YOU MUST notlty the APCD at kcal thirty drys (tfReen drys for portable eourees) prior to commencement of the <br /> permitted operatlon or acUvlty. Failure to do so is a violation of Sedion 257-114.5(12)(a), C.R.S. and AQCC <br /> Regulatlon No. 3, Part B, Sedion IV.H.1., and can result in the revocation of the permit. You must demonstrate <br /> compliance with the permH conditions within 180 days aftercommencement o/operation as stated in condition 5. <br />6. Section 257-174.7(2xa), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) <br /> must pay an annual tee to cover the costs of inspections and administration. If a sours or activity is to be <br /> discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, <br /> annual fee billing will terminate. <br />9. Violation of the terms of a permd or of the provisions of the Colorado Air Pollution Prevention and Control Ad or the <br /> regulations of the ADCC may resuR in administrative, civil or criminal enforcement actions under Sections 257-115 <br /> (enforoement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. <br />• 107/13/2 ver 11199 <br />