2008-08-20_PERMIT FILE - C1996083A

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Bowie Resources LLC Permit No. 04DL0560 Final Approval Colorado Department of Public Health and Environment page 4 Air Pollution Control Division GENERAL TERMS AND COMDITIONS: (IMPORTANTI READ ITEMS 5.5.7 AND 81 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 canstrudion, 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 spedfically identified on the permit. 2 Unless spec~cally stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure campliance 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 of, a candition hereof shall constitute a rejection of the entire pernil and upon such occurrence, this permit shall be deemed denied ab tnitio. 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 ConVol Act and regulations of the Air Quality Control Commission (AQCC), inducting failure to meet any express term ar condition of the permit. If the Division denies a permit, canddions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a headng before the AQCC for review of the Division's action. 4. Tfus permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new bcation, 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 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 submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide'YnaN authority for this activity or operation of this sauce. Final approval of the permit must be secured from the APCD in writing in • accordance with the provisions of 25-7-114.5(1Z)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If 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. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence canstrudion or operation within 18 months after either the date of issuance of this permit or the date on which such constnrction or activity was scheduled to commence as set forth in the permit, whichever Is later; (2) discontinue consWction fora period of 18 months or more; or (3) do not complete canstrudion wdhin a reasonable time of the estimated completion date. Extensions of the expiration date maybe granted by the APCD upon a showing of gcod cause by the permitlee prior to the expiration date. 7. YOU MUST notify the APCD at (east thirty days (fifteen days for portable sources) prlarto commencement of the permitted operation or activity. Falure to do so is a violation of Section 25-7- 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 the permit. You must demonstrate compliance with the permit conditions within 980 days after 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 billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Ad or the regulations of the AQCC may result in administrative, civil w criminal enforcement actions under Sections 25-7-1 i5 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. • 029/0 04 9101 7 ver. 2/00