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Blue Mountain Energy, Inc. <br />Permit No. 12R6802-6 <br />Final Approval Colorado Department of Public Health and Environment <br />page 4 Air Pollution Control Division <br />GENERAL TERMS AND CONDITIONS: OMPORTANTI READ iTEM5 5,6 7 AND t) <br />1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is <br />conditioned upon conduct of the activity, or construction, installation and operation of the source, in ecordance with <br />this information and with representations made by the applicant or applicant's agents. It is valid only for the <br />equipment and operetions or activity specifically identified on the permit. <br />2. Unless specifically stated otherwise, the geneel 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 28-114.5(7)(a), <br />C.R.S. <br />3. Each and every condition of this permit is a material part hereof and is of severable. Any challenge to or appeal of, <br />a wndition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be <br />deemed denied ab inftio. This permit may be revoked at any time prior to final approval bytte Air Pollution Control <br />Division (APCD) on grounds set forth in the Colorado Air Quality ConUol Ad and regulations of the Air Quality <br />Control Commission (AQCC), inGuding failure to meet any express lens or contlition of the permit. if the Division <br />denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, <br />the applicant or owner or operator of a source may request a hearing 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 />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 submittedto the APCD whenever a portable source is relocated) should be <br />attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AOCC Regulation <br />No. 3, Part B, Section III.B. upon a request for transfer of ownership and the shmittal of a revised APEN and the <br />required fee. <br />5. Issuance (initial approval) of an emission permit does not provide "final" authority (or this activity or operation of this <br />source. Final approval of the permit must be secured from the APCD in writingn accordance with the provisions of <br />25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H. Final approval cannot be granted until <br />the operation or activity commences and has been verified by the APCD as conforming in all respects witfhe <br />conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, <br />which does constitute "final" authority to operate.Compliance with the permk condlb`ons must be demonstrated <br />within 180 days after commencement of operation. <br />6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within t8 <br />months after either the date of issuance of this permit or the date on which such construction or activity was <br />scheduled to wmmence as set forth in the permit, whichever is later; (2) discontinue construction for a period 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 granad by the APCD upon a showing of good cause by the permittee prior <br />to the expiration date. <br />7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior 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 can result in the revocation of the permit. You must demonstrate <br />compliance with the permit conditions within 180 days after commencement of opsvtion 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 administretion. If a source or activity i4o be <br />discontinued, the owner must notify the Division in writing requesting a cancellailort 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 f§vention and control Ad or the <br />regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 28-115 <br />(enforcement),-121 (injunctions),-122 (civil penalties),-122.1 (criminal penalties), C.R.S. <br />103!0014/006 <br />var. 2/00 <br />u. - ~ , -,- ,....... <br />