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Schmidt Aggregates <br />Permit No. 02P00439 <br />Final Approval Colorado Department of Public Health and Environment <br />Page 4 Air Pollution Control Division <br />GENERAL TERMS AND CONDITIONS: (IMPORTANTI READ ITEMS 5 6 7 AND 8) <br />1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant <br />and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in <br />accordance with this information and with representations made by the applicant or applicant's agents. It is <br />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 25-7-114.5(7)(a), <br />C.R.S. <br />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 the <br />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 the <br />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 at <br />the 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 submitted to the APCD whenever a portable source is relocated) <br />should be attached to this Hermit. The permit may be reissued to a new owner by the APCD as provided In <br />AQCC Regulation No. 3, Part B, Section III.B, upon a request for transfer of ownership and the submittal of a <br />revised APEN and the required fee. <br />5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of <br />this source. Final approval of the permit must be secured from the APCD in writing in accordance with the <br />provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H. Final approval <br />cannot be granted until the operation or activity commences and has been verified by the APCD as conforming <br />in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation <br />of such final approval, which does constitute "final" authority to operate. Compliance with the permit <br />conditions must be demonstrated within 180 days after commencement of operat/on. <br />6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 <br />months after either the date of issuance of this permit or the date on which such construction or activity was <br />scheduled to commence as set forth in the permit, whichever is later; (2) discontinue constn~ctian for a period of <br />18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion <br />date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the <br />permittee prior to the expiration date. <br />7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior 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.H.1., and can result in the revocation of <br />the permit. You must demonstrate compliance with fhe permit conditions within 180 days aftercommencement <br />o! operation as stated in condition 5. <br />8. Section 25-7-114.7(2)(a), 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. If a source or activity Is to <br />be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon <br />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 Actor <br />the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections <br />25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. <br />777!1950/001 <br />