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Snowcap Coal Company, Inc. <br />Permit No. 13ME073F <br />Final Approval Colorado Department of Public Health and Environment <br />page 5 Air Pollution Control Division <br />GENERAL TERMS AND CONDITIONS: fIMPORTANTI READ ITEMS 5.6.7 AND 8 <br />1. This permit is issued in reliance upon the accuracyand completeness of information supplied by the applipnt and is <br />conditioned upon conduct of the activity, or consVUdion, installation and operation of the source, in accordance with <br />this information and with representations made by the applipnt or applicants agents. It is valid only for the <br />equipment and operations or activity specifiplly identified on the permit. <br />2. Unless specifiplly 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 25-7-114.5(7xa), <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 of, <br />a condition hereof shall constitute a rejection of the entire permit and upon such occurtence, this permit shall be <br />deemed denied ab initio. This permit may be revoked at any time pdor to final approval by the Air Pollution Control <br />Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality <br />Control Commission (AQCC), including failure to meet any express term or condition of the permit. I f the Division <br />denies a permit, conditions imposed upon a permit are contested by the applipnt, or the Division revokes a permit, <br />the applipnt or owner or operator of a source may request a headng before the AQCC for review of the Division's <br />action. <br />4. This permit and any required attachments must be retained and made available for inspection upon request at the <br />loption set forth herein. With respect to a portable source which is moved to a new loption, a copy of the <br />RelopGon Notice (required bylaw to be submitted to the APCD whenever a portable source is relopted) should be <br />attached to this permit. The permit maybe reissued to a new owner by the APCD as provided in AQCC Regulation <br />No. 3, Part 8, Section III.B. upon a request for transfer of ownership and the submittal of a revised APEN ahd the <br />required fee, <br />5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this <br />souroe. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of <br />257-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Pad B, Section N.H. Final approval pnnot be granted until <br />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, ii will provide written documentation of such final approval, <br />which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated <br />within 180 days after commencement of operation. <br />6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence censWction or operation within 18 <br />months after either the date of issuance of this permit or the date on which such construction or activity was <br />scheduled to commence as set forth in the permit, whichever is later, (2) discontinue construction for a pedod of 18 <br />months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. <br />Extensions of the expiration date may be granted by the APCD upon a showing of good puse by the permittee pdor <br />to the expiration date. <br />7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) pdor to commencement of <br />the permitted 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 pn result in the revoption of the permit You must demonsbate <br />compliance with the permit conditions within 180 days aRer commencement of operton as stated in condition 5. <br />8. Section 257-114.7{2xa), 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 pncellation of the permit. Upon notifiption, <br />annual fee billing will terminate. <br />9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Preventlon 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 />077/0082/005 ver. 2100 <br />