2009-10-02_PERMIT FILE - C1996083A

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Colorado Department of Public Health and Environment Air Pollution Control Division Bowie Resources, LLC - Bowie No. 2 Mine Surface Activities Permit No. 0')DI-0923 Initial Approval - Modification-2- GENERAL TER11IS AND CONDITIONS: (IMPORTANT! READ ITEMS 5.6.7 AND 8) I. 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 deerned denied ab inifio. This permit maybe revoked at anytime 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 pen-nit 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 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 may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3. Part B, Section f I.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 pen-nit 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 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. If the APCD so determines, it will provide written documentation of such final approval. which does constitute "final" authority to operate. Compliance reitk the permit conditions must be demonstrated within 180 days after conintencentent of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either 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 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 of Section 25-7- 114.5(12)(a), C.R.S. and AQCC Regulation No. 3. Part B, Section III.G. I.. and can result in the revocation of the pennit. l'ou must demonstrate compliance with the permit conditions within 180 da't"s 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. If a source or activity is to be discontinued, the ownermust notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation ofthe terms ofa pcrmit orofthe provisions ofthe Colorado Air Pollution Prevention and control • Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement). -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. AIRS Point fD: 029/00491016 Pace 5 of 5