2008-08-20_PERMIT FILE - C1996083A

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Colorado Department of Public Health and Environment Air Pollution Control Division -Bowie No.2 Mine -Coal Mine Waste Fiie • Permd No: 06DL1082F INITIAL APPROVAL ~~ ~ ~ - - GENERAL TERMS AND CONDITIONS: (IMPORTANTI READ ITEMS 5.6.7 AND 81 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the -. - - ~ applicant and is conditioned upon cenduct of the activity, or cpnstruction, 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 specifically identified on the permit. 2. Unless speafically stated otherwise, the general and specificconditions contained in this permit have been ... determined by the APCD to be nece:asary to assure compliance with the provisions of Section 25-7- 714.5(7)(a), C.R.S. 3. Each and every oondition of this permit. is a matedal part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection ofthe entire permR and upon such occurtence, this ,, permit shall be deemed denied ab initicr. This permit maybe revoked at any time pdor to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations ofthe Air Quality Control Commission (AQCC), including failure to meet any express term or condtion ofthe permit. Ifthe Division denies a permit, conditions imposed upon a permit are contested by ' the applicant, orthe Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review.if the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respell to a portable source that is moved to a new location, .. a copy ofthe Relocation Notice (required by lawto 6e submitted to the APCD whenevera 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 8, Section II.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 "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 provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section I II.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as cenforming in all respects ~rrith the conditions of the permit If the APCD so determines, Bwill provide written documentation of such final approval, which does constitute "final" authority to operate. Compliancewlththepermitconditionsmustbedemonsbatedwithin180daysaftercommencement of operation. 6. THIS PERMITAUTOMATICALLY FJCPIRES IF you (1) do not commence construction oroperetion within 18 months after either the date of issuance of this permit or the date on which such censtruclion or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction fora 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 permittee pdor 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 oT Section 25.7- 174.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section III.G.1., and can result in the revocation of the permit. You must demonstrator compliance with the permit conditions within 180 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. Ifa 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. Uolation ofthe terms of a permit or of tho: provisions ofthe Colorado Air Pollution Prevention and control Act or the regulations of theAQCCmay result in administrative, dvil or criminal enforcementactions under - Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. AIRS ID: 029/OOS3/00'I Page 6 of 6