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Blue Mountain Energy, Inc. <br />Permit No. OOR60283 <br />Initial Approval Colorado Department of Public Health and Environment <br />page 4 Air Pollution Control Division <br />GENERAL TERMS AND CONDITIONS: (IMPORTANTI READ ITEMS 5.6.7 AND el <br />1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant <br />and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in <br />accordance with this information and with representations made by the applicant or applicant's agents. It is <br />valid only for the 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 Section 25-7- <br />114.51711a1, 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 <br /> appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this <br /> permit shall be deemed denied ab inifio. This permit may be revoked at any time prior to final approval by <br /> the Air Pollution Control Division IAPCDI on grounds set forth in the Colorado Air Quality Control Act and <br /> regulations of the Air Quality Control Commission (AQCCI, including failure to meet any express term or <br /> condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by <br /> the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a <br /> hearing before the AQCC for review of the Division's action. <br />4. This permit and any required attachments must be retained and made availahle for inspection upon request at <br /> the location set forth herein. With respect to a portable source which is moved to a new location, a copy of <br /> the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) <br /> should ba attached to this permit. The permit may be reissued to a new owner by the APCD as provided in <br /> AQCC Regulation No. 3, Part B, Section III.B. upon a request for transfer of ownership and the submittal of <br /> a revised APEN and the required fee. <br />5. Issuance linitial approval) of an emission permit does not provide "final" authority for this activity or <br /> operation of this source. Final approval of the permit must be secured from the APCD in writing in <br />• accordance with the provisions of 25-7-114.5112)la) C.R.S. and AQCC Regulation No. 3, Part B, Section <br /> IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by <br /> the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will <br /> provide written documentation of such final approval, which does constitute "final" authority to operate. <br /> Camp/iance with the permit conditions must be demonsVeted within 180 days aHer commencement of <br /> operation. <br />6. THIS PERMIT AUTOMATICALLY EXPIRES IF you 111 do not commence construction or operation within 16 <br /> months after either the date of issuance of this permit or the date on which such construction or activity <br /> was scheduled to commence as set forth in the permit, whichever is later; 121 discontinue construction for a <br /> period of 18 months or more; or 131 do not complete construction within a reasonable time of the estimated <br /> completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good <br /> cause by the permittee prior to the expiration date. <br />7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement <br /> of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5112)la), C.R.S. <br /> and AQCC Reputation No. 3, Part B, Section IV.H.1 ., and can result in the revocation of the permit. You <br /> must demonstrate comp/iance with [he permit conditions within 180 days alter commencement of operation <br /> as stated in condition 5. <br />8. Section 25-7-114.71211a1, C.R.S. requires that all sources required to file an Air Pollution Emission Notice <br /> (APEN1 must pay an annual fee to cover the costs of inspections and administration. If a source or activity is <br /> to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. <br /> Upon notification, 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 <br /> Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under <br /> Sections 25-7-115 lenforcementl, -121 (injunctionsl, -122 (civil penaltiesl, -122.1 (criminal penaltiesl, <br /> C.R.S. <br />• <br />103/0014/009 var. 2/00 <br /> <br />