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RECEIVED FEB 0 2 2005 <br />STATE OF COLORADO <br />OF CO~~ <br />COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ~O <br />AIR POLLUTION CONTROL DIVISION He' <br />TELEPHONE: (303) 692-3150 :.' <br />~ X876 ~ <br />CONSTRUCTION PERMIT <br />PERMIT NO: 98000812 <br />FINAL APPROVAL <br />DATE ISSUED: JANUARY 24, 2005 Modification #3 <br />ISSUED TO: Oxbow Mining, LLC <br />THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: <br />Surface facilities for underground coal mine known as the Elk Creek Mine located <br />immediately north of Somerset, Gunnison County, Colorado. <br />THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: <br />Underground coal mine, coal processing facility, associated equipment as listed in Appendix <br />A, coal handling, coal stockpiling, and hauling. See also Appendix B for AIRS emission point <br />listing. <br />THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR <br />QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND <br />CONTROL ACT C.R.S. (25-7-101 et seg), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED <br />IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: <br />The particulate emission control measures listed on the attached page (as approved by the <br />Division) shall be applied to the particulate emission producing sources as required by Regulation <br />No. 1. Section III.D.1.b. <br />2. The permit number shall be marked on the subject equipment for ease of identification. <br />(Reference: Reg. 3, Part B, IV. E.) (State only enforceable) <br />3. Emissions of air pollutants from processing equipment, transfer points, silo, train loadout, and <br />ventilation shafts shall not exceed the following limitations (as calculated in the Division's <br />preliminary analysis). Compliance with the annual limits shall be determined on a rolling (12) <br />month total. By the end of each month a new twelve month total is calculated based on the <br />previous twelve months' data. The permit holder shall calculate monthly emissions and keep a <br />compliance record on site for Division review. (Reference: Regulation 3, Part B, III.A.4) <br />Particulate Matter: <br />PM10 (Particulate Matter<10 µm): <br />30.62 tons per year. <br />149.2 pounds per day, and 25.30 tons per year. <br />051/0007/999 ver. 2100 <br />