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' ~ National King Coal, LLC <br />Permit No. 82LP034-2 <br />Final Approval Colorado Department of Public Health and Environment <br />page 5 Air Pollution Control Division <br />~' GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5 <br />7 AND 8 <br />6 <br /> . <br />. <br />) <br />1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the <br /> applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the <br /> source, in accordance with this information and with representations made by the applicant or applicant's <br /> agents. It is 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 /> 114.5(7)(a), 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 initio. This permit may be revoked at any time prior to final approval by <br /> the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and <br /> regulations of the Air Quality Control Commission (AQCC), 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 available for inspection upon request <br /> at the location set forth herein. With respect to a portable source which is moved to a new location, a copy <br /> of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is <br /> relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as <br /> provided in AQCC Regulation No. 3, Part B, Section III.B. upon a request for transfer of ownership and the <br /> submittal of a revised A.PEN and the required fee. <br />5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or <br /> operation of this source. F'snal approval of the permit must be secured from the APCD in writing in <br /> accordance with the provisions of 25-7-114.5(12)(a) 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 /> Compliance with the permit conditions must be demonstrated within 180 days after commencement <br /> of operation. <br />6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within <br /> 18 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; (2) discontinue construction for a <br /> period of 18 months or more; or (3) 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) pror to <br /> commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7- <br /> 114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section IV.Fi.1., and can result in the revocation <br /> of the permit. You must demonstrate compliance with the permit conditions within 180 days after <br /> commencement of operation as stated in condition 5. <br />8. Section 25-7-114.7(2)0), C.R.S. requires that all sources required to file an Air Pollution Emission Notice <br /> (APEN) must pay an annual fee to cover the costs of inspections and administration. tf a source or activity <br /> is 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 (enf~~rcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), <br /> C.R.S. <br /> <br />067/0015/00283 ver. 2/00 <br />