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Mountain Coal Company L L C <br />Permit No 95GU508-5 <br />Final Approval-Modification-1 Colorado Department of Public Health and Environment <br />page 5 Air Pollution Control Division <br />GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) <br />1. This permits issued in reliance upon the accuracy and completeness of information supplied by the applicant <br />ano is conditioned upon conduct of the activity, or construction, installation and operation of the source, in <br />accordance with this information and with representations made by the applicant or applicant's agents. It is <br />valid only for the equipment and operations or activity specifically identified on the permit <br />2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been <br />determined by the APCD to be necessary to assure compliance with the provisions of Section 25.7.114.5(7)(a), <br />C.R.S <br />3. Each and every condition of this permit is a material part hereof and is not severable Any challenge to or <br />appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence. this <br />permit shall be deemed denied ab inrUo This permit may be revoked at any time prior to final approval by the <br />Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and <br />regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or <br />condition of the permit If the Division denies a permit, conditions imposed upon a permit are contested by the <br />applicant or the Division revokes a permit the applicant or owner or operator of a source may request a <br />hearing before the AQCC for review of the Division s action <br />4. This permit and any required attachments must be retained and made available for inspection upon request at <br />the location set forth herein With respect to a portable source that is moved to a new location, a copy of the <br />Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) <br />should be attached to this permit The permit may be reissued to a new owner by the APCD as provided in <br />AQCC Regulation No 3, Part B, Section II.B upon a request for transfer of ownership and the submittal of a <br />revised ADEN and the required fee <br />5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of <br />this source Final approval of the permit must be secured from the APCD in writing in accordance with the <br />provisions of 25 7 114 5(12)(x) C R S and AQCC Regulation No 3, Part B, Section III G Final approval cannot <br />be grantea until the operation or activity commences and has been verified by the APCD as conforming in all <br />respects with the conditions of the permit. If the APCD so determines it will provide written documentation of <br />such final approval which does constitute "final" authority to operate Compliance with the permit conditions <br />must be demonstrated within 180 days after commencement of operation. <br />6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 <br />months after e tner the date of issuance of this permit or the date on which such construction or activity was <br />scheduled to commence as set forth in the *oermit whichever is later. (2) discontinue construction for a period of <br />18 months or more or (3) do not complete construction within a reasonable time of the estimated completion <br />date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the <br />perm ttee prior to the expiration date <br />7. YOU MUST notify the APCD no later than thirty days after commencement of the permitted operation or <br />activity by submitting a Notice of Startup (NOS) form to the APCD Pie Notice of Startup (NOS) <br />form may be cownloaaeo online at www ccpre_state cc us apldownlcadforrris html. I-ailuretodosois <br />a violatior of AQCC Regulation No 3 Fait B Section Ill 131 , and can result in the revocation of the permit. <br />You must demonstrate cornphance with the permit conditions within 180 days after commencement of operation <br />as stated In condition 5 <br />8 Section 25- 7 114 7(2)(a) C R S requires that all sources required to file an Air Pollution Emission Notice <br />(APE N) must pay an annual fee to cover the costs of inspections and administration If a source or activity is to <br />be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon <br />notification, annual fee billing will terminate <br />9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or <br />the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections <br />25-7-115 ('enforcement), -121 (injunctions), -122 (civil penalties), -122 1 (criminal penalties), C.R.S. <br />051/0015/015 ver. 2/00