2009-07-29_GENERAL DOCUMENTS - C1980007 (3)

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Colorado Department of Public Health and Environment Air Pollution Control Division Mountain Coal Company. LLC - West Elk Mine Surface Facilities Permit No 95GU508-2 Final Approval - Modification-3 GENERAL TERMS AND CONDITIONS. (IMPORTANT! READ ITEMS 5,6,7 AND 8) 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 construction, 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 specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance 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 condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab i itio 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 or condition of the permit If the Division denies a permit, conditions 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 hearing 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 request at the location set forth herein With respect to a portable source that is moved to a new location, a copy of the Relocation Nonce (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 11 6 upon a request tot transfer of ownership and the submittal of a revised APEN and the required fee 5. Issuance (initial approval) of an ernission permit does not provide "final" authority for this activity or operation of this source Final approval of the permit must oe secured from the APCD in writing in accordance with the provisions of 25 7 14 5(12)(x) C R S and AQCC Regulation No 3 fart B Section III.G 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 It the APCD so determines ,t 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 cornmence construction or operation within 18 months after ether 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 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 prior to the expiration date 7. YOU MUST notify the APCD no later than thirty days after commencement of the permitted operation or activity by submitting a Notice of Startup (NOS) form to the APCD The Notice of Startup (NOS) form may be oownioaded online at www ?;dphe state Cn usla pidownloadforn is html. Failure to do so is a violation of AQCC Regulation No 3 Part B Section III G i and can result in the revocation of the permit You rrrust demonstrate compliance with the perrmif conditions within 180 days after conimencenient of operation as stated in condition 5 B. Section 25-7114 7(2)(a). C R S requires that all sources required to file an Alt 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 Act or the regulations of the AQCC may result in administrative. civil or criminal enforcement actions under Sections 25-7115 (enforcement). -121 (in)unc!ions) -122 (civil penalties), -122 1 (criminal penalties), C.R.S. AIRS Point ID 051i00151012 Page 5 of 5