2008-08-20_PERMIT FILE - C1996083A

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Bowie Resources, LLC Permit No. 03DL0099F Initial Approval Colorado Department of Public Health and Environment • page 5 Air Pollution Control Division GENERAL TERMS AND CONDITIONS: IMPORTANTI READ ITEMS 8.6.7 AND ~ 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant acrd is conditioned upon conduct of the activ'dy, or consWCtion, Installation and operation of the source, in accordance with this information and with representations made by the applicant or appliant's agents. It is valid only for the equipment and operations ar activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD tobe necessary to assure compliance with the provisions of Section 2§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 condition hereof shall constitute a rej:ction of the entire permit and upon such occurrence, this permh 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 Qua1y Control Ad and regulations of the Air Quality Control Commission (AQCC), inctuding failure to meet any express farm or condition of the permit. If the Division denies a permit, conditions imposed upon a permit ere contested by the applicant, or the [tiision 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. This permit and any required attachments must be retained and made available for inspection upon requesat the location set forth herein. With respell to a portable source which is moved to a new location, a copy of the Relocetion Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permk may be reissued to a new owner by the APCD as provided in AQCC Regulafion 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 anemission permit does not provide "final" authority for this activity or operetion of this . source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 257-114.5(12)(a) C.R.S. and AQCC Regulation No. 8 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 docurentation of such final approval, , which does constitute "final" authority to operate.Compliance with the permH corrd/Hons must be demonstrated within f 80 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRESIF you (1) do not commeno: construction or operation within 18 months after either the 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, whichever is later; (2) discontinue construction for a p®od of 18 months ar more; or (3) do not complete wnstruction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCb upon a showing of good cause by the pertnittee 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 acllvUy Failure to do so is a violation of Section 257-114.5(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 180 days after commencement of operation as stated in condition 5. 8. Section 257-114.7(2)(a), C.R.S. requires that allsources 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 canos5tion 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 Act or the regulations of the AQCC may result in administrative, evil or criminal enforcement actions under Secgons 257-115 (enforcement),-121 (injunctions),-122 (dvil penalties),-122.1 (criminal penalties), C.R.S. 029/0049/014 var. 2/00