2007-08-17_PERMIT FILE - C1981035A (17)

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National King Coal, LLC Permit No. 82LP034-1 F Final Approval Colorado Department of Public Health and Environment page 5 Air Pollution Control Division GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) 1. This permit is issued in r~iiance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifcally identified on the permit. 2. Unless specifically state] otherwise, the general and specific conditions contained in this permit have been determined by the APCC% ±o be necessary to assure compliance with the provisions of Section 25-7- 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 c , a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed de~~ied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Di~Y~ision (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulaticns~ of the Air Qu-,.Ilty Control Commission (AQCC), including failure to meet any express term or condition of the permit. "the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Div.-;;inn. revokes a permit, the applicant or owner or. operator of a source may request a hearing before the AQC;; for review of the Division's action. 4. This per~:,it and any req.rred attachments must be retained and made available for inspection upon request at the location set forth t- ,rein. With respect to a portable source which is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be att~Ghed to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section III.B. upon a request for transfer of ownership and the submittz:l of a revised A?EN and the required fee. 5. Issuance (initial approve:) of an emission permit does not provide "final" authority for this activity or • operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the prc•:is~ns of 25-7-114.5(12)(a) C.R.S. and AQCC- Regulation No. 3, Part B, Section IV.H. Final approval ca::gdt be granted until the operation or activity cs~n:nences and. has been verified by the APGrJ as conformin; i;? all respects with the conditions of the perrria. If the APCD so determines, it will provide ~J~ritten docume~._gion of such final approval, which does con~si'ute "final" authority to operate. Compli~:±;ce with the F ~«lii conditions muss be demonstrated wii~rin 180 days after commencement of opere~on. 6. THIS P!_.12MIT AUTOMf?: ~" SALLY EXPLRES IF you (1) do not comme,,ce construction or operation within 18 moni; s after either the r?ate of issuance of this permit or the date o~i which such construction or activity was scl-:~uled to comr;3nce as set forth in the permit, whichever is later; (2) discontinue construction for a period of ? 8 months or ;~~ :--+sa; or (3) do not complete construction withi a reasonable time of the estimated complet:?n date... Exton;,';;. s of the expiration date may be granted by ,h ~~ APCD upon a showing of good cause b~'he permittee ~_`?r to the expiration date. 7. YOU M%'ST notify. the . ;BCD at least thirty days (fifteen days for pith-}ble sources) prior to commencement of the ;miffed operation or activity. Failure to dv v is a violation of Section 25-7- 114.5(1>i(a), C.R.S. an-~ A!~CC Regulation No. 3, Part B, Section IV.Fa.:1., and can result in the revocation of the permit. You mint demonstrate compliance with the permit conditions within 180 days after commencement of oper~!i?n as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to Ella an Air Pollution Emission Notice (APEid) roust pay,an anJ~;~31 fee to cover the costs of inspections and administration. If a source or activity is to be.discontinued, tli~ ~„vner must notify the Division in writing req~est;ng a cancellation of the permit. Upon nc±ification,`annuc~_fee billing will terminate. ' 9. Violationof the terms of a°~ermit or of the provisions of the Colorado Air Pollution Prevention and control Act or tre regulations of'if:2 AQCC may result in administrative, civil c~' ~r:minal enforcement actions under Section325-7-115 (enfc-=pment), -121 (injunctions), -122 (civil penalt~s); -122.1 (criminal penalties), C.R.S. •• :.-•~ - r" .~ •,. ,:,. . 067/0015/001 ~' '~~ ver.2/00 ~- -~-