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Bowie Resources, LLC Permit No. 96DL103-6 ' Final Approval Colorado Department of Public Health and Environment Page 5 Air Pollution Control Division GENERAL TERMS AND CONDITIONS: ~PORTANTI READ ITEMS 6.6.7 AND 6 1. This permit is issued in reliance upon the acrwrecy and completeness of information supplied by the applicant and is conditioned upon cendud of the activity, or consWction, installation and operetion of the source, in accordance with this information and with representations made by the applipnt or applicants agents. It is valid only for the equipment and operetions or activity specifically identified on the permit. 2. Unless specifically stated otherwise,thegenerelandspecificcenditionscentainedinthispertnithavebeendetertnined by the APCD to be necessary to assure compliance with the provisions of Section 26-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereofshall constitute a rejection of the entire pertnitand upon such occurrence, this permrt shall be deemed denied ab initio. This permit may be revoked at any tirtre prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Ad and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, cenditions imposed upon a permft are contested by the applipnt, orthe Division revokes a permft, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit end any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable sourcewhich is moved to a new loption, a copy of the Reloption Notice (required by lawtc be submitted to the APCD whenevera portable source is relocated) should be attached to this permit The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part 8, Section III.B. upon a request for Vansfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operetion of this source. Final approval oflhepertnifmustbesecun:dfromtheAPCDinxrtifinginaccordanceNriththeprovisionsof25- 7-114.5(12)(a)GR.S. and AQCC Regulation Na. 3, Part B, Section IV. H. Final approval pnnot be granted until the operation or activitycemmences and has been verified by the APCD as conforming in all respectswhh the conditions of • the permit IftheAPCDsodetertnines,itwiliprovidewrittendocumentationofsuchfinalapproval,whididoesdonstitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days afMr commencement of operaBon. 6. THIS PERMIT AUTOMATICALLYEXPIRES IF you (1) do not commence construction or operation within 18 months after eflher the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the pertnil, whicheveris later, (2) discontinue censtruction for a period of 18 months or more; or (3)donotcempleteconstroctionwithinareasonabletimeoftheestimatedcompletiondate. Extensionsoftheexpiration date may be granted by the APCD upon a showing of good puse by the pemmittee prior tdhe expiration date. 7. YOU MUSTnottfytheAPCDatleastthirtydays(fitteendaysforpoAablesoun:es)priortocommencementofthe permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H.1., and pn result in the revoption of the permh. You must demonstrate compliance with fhe permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section25-7-174.7(2)(a),C.R.S.requiresthat allsourcesrequiredtofileanAirPollutionEmissionNOtice(APEN)must pay an annual fee to coverthe costs of inspections and administration. If a source or activity is to be discontinued, the ownermust notifythe Division in writing requesting a pncellation ofthe permit Upon notifiption, annual fee billing will terminate. 9. Violation of the terms of a permft or of the provisions of the Colorado Air Pollution Prevention and centrol Act or the regulations of the AQCC may result in administrative, dull or uiminal enforcement actions under Sections 25-7-115 (enforcement),-121 (injunctions),-122 (civil penalties),-122.1 (criminal penalties), C.R.S. - • 029/0049/006