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STATE OF COLORADO <br />�� OF CO� <br />COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT �. <br />AIR POLLUTION CONTROL DIVISION y <br />TELEPHONE: (303) 692 -3150* <br />%876 <br />CONSTRUCTION PERMIT <br />PERMIT NO: OORB0283 <br />FINAL APPROVAL <br />DATE ISSUED: <br />June 7, 2007 <br />ISSUED TO: Blue Mountain Energy, Inc. <br />THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: <br />Deserado coal mine located approximately 7 miles northeast of Rangely, Rio Blanco <br />County, Colorado. <br />THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: <br />Coal mine ventilation shafts known as the B -Mine Return Shaftsl and 2, 350,000 cfm <br />(combined). <br />THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO <br />AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION <br />AND CONTROL ACT C.R.S. (25 -7 -101 et se , TO THOSE GENERAL TERMS AND CONDITIONS <br />INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: <br />1. Visible emissions shall not exceed twenty percent (20 %) opacity during normal operation of the <br />source. During periods of startup, process modification, or adjustment of control equipment <br />visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive <br />minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section <br />II.A.1.&4.) <br />2. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's <br />preliminary analysis): (Reference: Regulation 3, Part B, III.A.4) <br />Particulate Matter: 5.73 tons per year. <br />PM10 (Particulate Matter <10 µm): 5.73 tons per year. <br />3. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg. 3, Part A,II.C) <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; or <br />103/0014/009 Page I of 4 <br />