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STATE OF COLORADO <br />of o , <br />COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT e� <br />AIR POLLUTION CONTROL DIVISION y <br />TELEPHONE: (303) 692 -3150 <br />1876 <br />CONSTRUCTION PERMIT <br />PERMIT NO: 12RB802 -3F <br />FINAL APPROVAL <br />DATE ISSUED: December 29, 2003 Modification #5 <br />ISSUED TO: . Blue Mountain Energy, Inc. <br />THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: <br />An underground coal mine also known as Deserado Mine located approximately 7 miles <br />northeast of Rangely, Colorado in Rio Blanco County. <br />THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: <br />Operation and maintenance of 3.85 -mile haulage road to transport 900,000 tons of coal <br />refuse to the refuse stockpile or storage areas. <br />THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR <br />QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND <br />CONTROL ACT C.R.S. (25 -7 -101 et sea), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED <br />IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: <br />The particulate emission control measures listed on the attached page (as approved by the <br />Division) shall be applied to the particulate emission producing sources as required by Regulation <br />No. 1, Section III.D.1.b. <br />2. The Division's approval of the control plan is based on the submitted production level as listed <br />below. Prior to any increase in daily or annual production rates, the applicant shall submit an Air <br />Pollutant Emission Notice and Control Plan revision which will be subject to Division review and <br />approval to ensure compliance with the National Ambient Air Quality Standards for particulate <br />matter. Records of the actual production rate shall be maintained by the applicant and made <br />available to the Division for inspection upon request. (Reference: Regulation 1, III.D.1.b.) <br />Hauling of Refuse Coal shall not exceed 8000 tons per day or 900,000 tons per year. <br />This activity shall not result in the exceedence of the following emissions of fugitive total <br />suspended particulates (TSP) and fugitive particulate matter of less than ten microns (PM 10). <br />These emission limits are based on the production rates listed above. The Division assumes that <br />these levels are being met if the control measures stated in the approved control plan are followed <br />and the stated process rates are not exceeded. <br />Total Suspended Particulate 123.62 tons per year. <br />Particulate Matter (PM 10) 24.97 tons per year and 572.47 pounds per day. <br />3. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg. 3, Part A,II.C) <br />103/0014/004 ver. 2/00 <br />