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Mountain Coal Company. L L C <br />Permit No 95GU508-4 <br />Final Approval - Modification-2 Colorado Department of Public Health and Environment <br />page 5 Air Pollution Control Division <br />GENERAL TERMS AND CONDITIONS. (IMPORTANT! READ ITEMS 5,63 AND 8) <br />1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant <br />and 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 inido This permit may be revoked at anytime 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 owneiship and the submittal of a <br />revised APEN 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)(al C R S and AQC:; Regulation No 3. Part B Section III G Final approval cannot <br />be granted 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 either the date of issuance cf this permit or the date on which such construction or activity was <br />scheduled to commence as set forth in the permit, 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 shoving of good cause by the <br />permittee 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 The Notice of Startup (NOS) <br />form may be downloaded online at www cdphe state cc us/ap/downloadforms html. Failure to do so is <br />a violation of AQCC Regulation No 3 Part B, Section III G 1 , and can result in the revocation of the permit. <br />You must demonstrate compliance with the pemtit conditions within 180 days after commencement of operation <br />as stated m 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 />051/0015/014 ver 2/00