2008-08-20_PERMIT FILE - C1996083A

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Bowie Resources, LLC Permit No. 01DL0685 Final Approval -Modification Coloredo Department of Public Health and Environment page 6 Air Pollution Control Division GENERAL TERMS AND CONDITIONS: OMPORTANTI READ ITEMS 5.6,7 AND 8) 1. This permit is issued in reliance 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 acccordance with this information and with representations made by the appCcant or applicant's agents. It is valid only for the equipment and operations or actively spedfiplly identified on the permit. 2. Unless spedfically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance wRh the provisions of Section 25-7- 114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a matedal part hereofand is not severable. Any challenge to or appeal ot, a condition hereof shall constitute a rejection of the enfue permit and upon such occurence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), indudng failure to meet any express tens or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicent or owner or operator of a source may request a headng before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available far inspection upon reques! at the location set forth herein. 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 attached to this permit. The pemdl may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section 111.6. upon a request for transfer 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 operation of t(iis source. Final approval of the permit must be secured from the APCD in writing in . accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H. Final approval cannot be granted until the operation w activity commences and has been verified by the APCD as conforming in all respells with the conditions of the permit IT the APCD so determines, it will provide written documentation of such final approval, which does constitute 'final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. 71fIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after eitherlhe date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whirdrever is later; (2) discontinue construction for a period of 18 months or more; or {3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the penniftee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the 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, Pad B, Section IV.H.1., and can result in the revocation of the permit. You must demonstrate complfance with the permit conditions within 180 days alter commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee biNing wiN terminate. 9. Volation of the terms of a permit or of the provisbns of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (dvil penalties), -722.1 (criminal ponalties), C.R.S. 029/0049/013 var. 2100