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Colorado Department of Public Health and Environment <br />page 4 Air Pollution Control Division <br />Bowie Resources LLC <br />Permit No. 09DLO575 <br />Initial Approval <br />GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5.6.7 AND 6) <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; specificalty stated otherwise, the general and specific conditions contained in this permit have been <br />determined by the APCD to be necessaryto assure compliancewith 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 Indio. 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 Duality 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 />AQCG Regulation No. 3, Part B. Section 11.8. upon a request for transfer of ownership and the submittal of a <br />revised APEN and the required fee. <br />S. Issuance [nitial 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)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IILG. 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 "finar' authority to operate. Compliance with the peradt conditions <br />most be demonstrated within 180 days after commencement of operation. <br />6. TI-IiS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 <br />months after either 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 permit, whichever is later, (2) disoonlinueconstruclion fora period of <br />18 months or more, or (3) do not complete construction within a reasonable lime 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 />pemmiltee prior to the expiration date. <br />7. YOU MUST notify the APCD no later than thirtydaysafter commencement o#thepermitted 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 atwww.cdQhe.state.co.uslapdownicadforms.htmi. Failure to do so is <br />a violation of AQCC Regulation No. 3. Pad B, Section III.G.1., and can result in the revocation of the permit. <br />You must demonstrate compliance with the permit condrBons within 180 days aflercorn mencement of opera harm <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 />(AP'EN) must pay an annual fee to cover the costs of inspections and administration. It 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 twilling will terminate. <br />9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Actor <br />the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections <br />23-7-115 (enforcement), -121 (injunctions), -122 (civil penalties). -122.9 (criminal penalties), C.R.S. <br />• <br />I -] <br />• <br />029100491019 ver. 2100