2008-08-20_PERMIT FILE - C1996083A

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Colorado Department of Fublic Health and Environment Air Pollution Control Division Bowie Resources, LLC - [iowie itio. 2 Mine Surface .activities Permit No. d~UL09~3 Initial Approval - hfodifcaticn-= GENERAL TER11~S AIVF~ CONDITIONS: (IrrIPORTAIVTI READ ITEMS 5.6,7 r11YU 8) t. This permit is issued in reliance upon tJ'ie accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of thz activit}~, or construction, installation and operation of the source, in aecor~dance vrith this info_~-mation and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activiry specifically identified en the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained i:r this permit have been determined by the APCD to be necessan~ to assure compliance with the provisions of Section 25-7- 114.~(7){a), C.R.S. 3. Each and every condition of this permit is a material part hereofand is not severable. Any challenge to or appeal of, a condition hereofshall constitute a rejection ofthe entire permit and upon such occurrence, 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); including failure to meet any express term orcondition ofthe permit. ifthe Division denies a permit, conditions imposed upon a permitarecontested by tl3e applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review ofthe 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 respect to a portable source drat is moved to a new location, a copyof 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 maybe reissued to a new oHmer by the APCD as provided in AQCC Regulation No. 3; Part B, Section f I.B. upon a request for transfer ofownetship and the strbrnitta! 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 witlt the provisions of2~-7-I 14.5(12)(x) C.R.S. and AQCC Regulation No. 3, Part B, Section IILG. Final approval cannot be granted anti I the operation or activity commences and has been verified b}' the APCD as conforn7ing in all respects with the conditions ofthe permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance reith tke permit conditions must Ge demonstrated rvlt/tin I80 days after co-nnrerrcernent ojoperation. b. THIS PERMIT AUTOMATICALLY EXPIRES iF you (I) do not commence construction or operation within 18 months after either the date of issuance of dais permit or the datz on which such construction ar activiri' ~ti'as scheduled to commence as set forth in the permit, whichever 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 dte expiration date may be granted by the APCD upon a shotiving of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirt}° days (tii'teen 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 j(a), C.R.S. and AQCC Regulation No. 3. Part B, Section II1.G. I ., and can result in the revocation of the permit. }'uu must demonstrate cvmpliunce rvitit t11e permit conditions within 18G dm~s after cunvmencemertt ujoperation as stated in condition .i. 8. Section 2i-7-1 14.7(2}(a), C.R.S. requires that a!I sources requiredto filean Air Pollution Emission Notice {APEN] inust pay un annual fee to cover the costs of inspections and administration. if a source or activity is to be discontinued, the ownermust notify the Division it writing requesting a cancellafion ofthe permit. Upon notification, annual fee billing •.~'ilJ terminate. 9. Violation ofthe terms ofa permit orofthe provisions ofthe Colorado Air P^Ilution Prevention and co!itrol • Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-I1~ (enforcement). -121 (injunctions), -122 (civil penaltiesj, -122.1 (criminal penalties), C.R.S. AIRS Point fD: 024;'d449•'016 Pa?e 5 of