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<br /> <br /> <br />Page 7 Colorado Department of Public Health and Environment <br />Air Pollution Control Division <br />Rocky Mountain Materials and Asphalt, Inc. <br />Permit No. OOFR0237F <br />Initial Approval <br />GENERAL TERMS AND CONDITIONS: (IMPORTANTI READ ITEMS 5.6.7 AND 8 <br />t. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applipnt and <br />is conditioned upon conduct of the activity, or wnstruction, 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 specificalty stated otherwise, the general and specific condiiions contained in this permit have been <br />determined by the APCD to be necessary to assure compliance with the provisions of Section 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 wndition hereof shall constitute a rejection of the entire permit and upon such occurtence, 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 Quality Control Act and regulations of the Air <br />Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the <br />Division denies a permit, conditions imposed 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 AQCC 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 copy 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 AQCC <br />Regulation No. 3, Part B, Section III.B. upon a request for transfer of ownership and 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 permit must be secured from the APCD in writing in accordance with the provisions <br />of 257-114.5(12)(a) C.R.S. and AQCC 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 conforming 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 'foal" authority to operate. Compliance with the permit conditions must be demonstrated <br />within f80 days after commencement o/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, 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 good cause by the pertnittee prior to the <br />expiration date. <br />7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the <br />pertnltted operation or activity. Failure to do so is a violation of Section 257-114.5(12)(a), C.R.S. and AQCC <br />Regulation No. 3, Part B. Section IV.H.1., and can result in the revocation of tha permit. You must demonstrate <br />compliance with the permit conditions within 180 days aRer commencement ofoperation as stated in condition 5. <br />8. Section 257-114.7(2)(a). C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) <br />must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be <br />discontinued, the owner must notify the Division in writing requesting a cancetlation of the permit. Upon notification, <br />annual fee billing will 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 257-115 <br />(enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. <br />043/0118/001 <br />