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Colorado Department of Public Health and Environment <br />Air Pollution Control Division <br />Wagner Rock, LLC. - Wagner Pit <br />Permit Application No. 08MFO162F <br />APEN Required / Permit Exempted <br />It should be noted that although exempted source may not need permits, they still are required to comply <br />with all applicable standards and regulations of the Colorado Air Quality Control Commission, <br />including: <br />The particulate emission control measures listed on the attached page (as approved by the Division) <br />shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section <br />III.D.1.b. <br />Records of actual mining activities shall be maintained and made available to the Division for inspection <br />upon request. <br />A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, <br />Section ILC.) <br />a. Annually whenever a significant increase in emissions occurs as follows: <br />For any criteria pollutant: <br />For sources emitting less than 100 tons per year, a change in actual emissions of five <br />tons per year or more, above the level reported on the last APEN submitted. <br />b. Whenever there is a change in the owner or operator of any facility, process, or activity; <br />or <br />c. Whenever new control equipment is installed, or whenever a different type of control <br />equipment replaces an existing type of control equipment; or <br />d. Whenever a permit limitation must be modified; or <br />e. No later than 30 days before the existing APEN expires. APEN/s expires five (5) years <br />from the date/s of submittal. <br />Any changes with respect to the original submittal that would result in increases in mining activities, <br />emissions, or ambient air impacts, or that would result in the emission of any pollutants not listed in the <br />original submittal, automatically nullifies this exemption. Before actually making any such change, you <br />must apply to the Division for a new exemption based on the anticipated change. If the Division denies <br />the new exemption, you will have to obtain a permit before implementing the change. <br />Sincerely, <br />Ram N. Seetharam <br />Permit Review Engineer <br />Construction Permits Unit <br />Stationary Sources Program <br />Air Pollution Control Division <br />APCD-SS-B 1 <br />Page 2 of 4