STATE OF COLORADO

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 

AIR POLLUTION CONTROL DIVISION 

TELEPHONE: (303) 692-3150

CONSTRUCTION PERMIT

PERMIT NO: 08ME0506F

INITIAL APPROVAL

DATE ISSUED: November 21, 2008

ISSUED TO: CAM-Colorado LLC

THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:

Surface facilities, supporting underground mining of coal at Red Cliff Mine, in Sections 3, 9 & 

10, T8S, R102 W of the 6th Principal Meridian, approximately 14 miles North of Loma, Mesa 

County, Colorado

THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:

Material extraction, including overburden removal and coal extraction.

THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR 

QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND 

CONTROL ACT C.R.S. (25-7-101 et seg), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED 

IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:

1. This permit is for the activities specified above; any additional process equipment (i.e: Mine vents, 

crushers, screens, etc.) to be located at this site must have a separate permit from the Division. 

(Reference: Regulation No.3, Part B, Section III.E.)

2. Visible emissions from processing equipment and transfer points shall not exceed twenty percent 

(20%) opacity during normal operation of the source. During periods of startup, process modification, 

or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six 

minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: 

Regulation 1, Section 11.A.1.& 4.)

3. The particulate emission control measures listed on the attached page (as approved by the Division) 

shall be applied to the particulate emission producing sources as required by Regulation No.1, 

Section III.D.1.b.

4. This source shall be limited to a maximum production rate as listed below and all other activities, 

operational rates ana numbers of equipment as stated in the application. Daily records of the actual 

production rate shall be maintained by the applicant and made available to the Division for inspection 

upon request. (Reference: Regulation No.3, Part B, Section 11.A.4.) 

Topsoil removal shall not exceed 5,000 tons per day or 135,000 tons per year.

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Colorado Department of Public Health and Environment 

Air Pollution Control Division

Topsoil stockpiles shall not exceed 135,000 tons per year and shall be revegetated with in one 

year. 

Overburden removal shall not exceed 15,000 tons per day or 2,500,000 tons per year.

Overburden stockpiles shall not exceed 200,000 tons and shall be revegetated within one year. 

Mined coal production shall not exceed 15,600 tons per day or 6,000,000 tons per year.

Raw material stockpiles shall not exceed 300,000 tons. 

Processed material stockpiles shall not exceed 350,000 tons. 

5. Fugitive particulate emissions shall not exceed the following limitations (as calculated in the Division’s 

preliminary analysis): (Reference: Regulation No.3, Part , 

Section 1I.A.4.)

Particulate Matter: 

Fugitive Particulate Matter < 10 IJm (PM1O):

120.1 tons per year 

37.5 tons per year.

Note: Compliance with these fugitive emission limits shall be demonstrated by not exceeding the 

production limits in condition number 4 and by following the attached fugitive dust emissions 

control plan.

6. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No.3, Part A, 

Section II.C.)

a. Annually whenever a significant increase in emissions occurs as follows:

For any criteria pollutant: 

For sources emitting less than 100 tons per year, a change in actual emissions of five tons 

per year or more, above the level reported on the last APEN; or 

A change in actual emissions, above the level reported on the last APEN submitted, of 50 

pounds of lead.

For any non-criteria reportable pollutant:

If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level 

reported on the last APEN submitted to the Division.

b. Whenever there is a change in the owner or operator of any facility, process, or activity; or

c. Whenever new control equipment is installed, or whenever a different type of control 

equipment replaces an existing type of control equipment; or 

d. Whenever a permit limitation must be modified; or

e. No later than 30 days before the existing APEN expires.

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Colorado Department of Public Health and Environment 

Air Pollution Control Division

7. All conveyors and transfer points to be permitted will be subject to the New Source Performance 

Standards requirements of Regulation number 6, Subpart 000:

a. Visible emissions from conveyors and transfer points shall not exceed 10% opacity. 

In addition, the following requirements of Regulation No.6, Part A, Subpart A, General Provisions, 

apply.

a. No article, machine, equipment or process shall be used to conceal an emission which would 

otherwise constitute a violation of an applicable standard. Such concealment includes, but is 

not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or 

with a standard which is based on the concentration of a pollutant in the gases discharged to 

the atmosphere. (9 60.12)

b. Written notification of construction and initial startup dates shall be submitted to the Division 

as required under 960.7.

c. Records of startups, shutdowns, and malfunctions shall be maintained, as required wnder 

960.7.

d. Compliance with opacity standards shall be demonstrated according to 9 60.11. 

e. At all times, including periods of start-up, shutdown, and malfunction, the facility and control 

equipment shall, to the extent practicable, be maintained and operated in a manner 

consistent with good air pollution control practices for minimizing emissions. Determination 

of whether or not acceptable operating and maintenance procedures are being used will be 

based on information available to the Division, which may include, but is not limited to, 

monitoring results, opacity observations, review of operating and maintenance procedures, 

and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 

40CFR60.11 )

8. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) 

does not commence construction/modification or operation of this source within 18 months after either 

the date of issuance of this initial approval permit or the date on which such construction or activity 

was scheduled to commence as set forth in the permit application associated with this permit; (ii) 

discontinues construction for a period of eighteen months or more; (iii) does not complete 

construction within a reasonable time of the estimated completion date (See General Condition No. 

6., Item 1.). Upon a showing of good cause by the permittee, the Division may grant extensions of the 

permit. (Reference: Regulation No.3, Part B, Section III.FA.) 

9. Within one hundred and eighty days (180) after commencement of operation, compliance with the 

conditions contained on this permit shall be demonstrated to the Division. It is the permittee’s 

responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 

180 days may result in revocation of the permit. (Information on how to certify compliance was mailed 

with the permit or can be obtained from the Division at 303-692-3189.)

By: BY?~.....z:-~ R K Hanc ck II , 

P.E. 

Unit Leader

This Issuance

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Colorado Department of Public Health and Environment 

Air Pollution Control Division

APEN Submittal Log (to be maintained further by the permittee):

APEN Submittal Date APEN Expiry Date

Renewal APEN to be

Remarks

submitted by

December 4, 2006 December 4, 2012 November 4, 2012

Based on Initial

Application APEN.

Notes to permit holder:

1. The production or raw material processing limits and emission limits contained in this permit are based 

on the production/processing rates requested in the permit application. These limits may be revised 

upon request of the permittee providing there is no exceedance of any specific emission control 

regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and 

application form must be submitted with a request for a permit revision. 

2. This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and 

Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of 

any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after 

the start of the next working day, followed by written notice to the Division explaining the cause of the 

occurrence and that proper action has been or is being taken to correct the conditions causing said 

violation and to prevent such excess emission in the future. 

3. The emission levels contained in this permit are based on the following emission factors and assuming 

a control factor of 80% (any change in operations may change these factors):

Fugitive Particulate Matter: 

Fugitive PMlO (particles less than 10 microns):

0.0801 pounds per ton of coal mine waste 

0.0250 pounds per ton of coal mine waste

4. This source is classified as a: Minor source

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Colorado Department of Public Health and Environment 

Air Pollution Control Division

PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES 

THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR 

COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE 

AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS 

SUBJECT TO THE FOLLOWING EMISSION GUIDELINES:

a. Mining and Processing Activities - Visible emissions not to exceed 20%, no off-property transport of 

visible emissions.

b. Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads, the nuisance 

guidelines shall apply to off-site haul roads.

c. Haul Trucks - There shall be no off-property transport of visible emissions from haul trucks when 

operating on the property of the owner or operator. There shall be no off-vehicle transport of visible 

emissions from the material in the haul trucks when operating off of the property of the owner or operator.

Control Measures

1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during 

removal. Watering shall be implemented if necessary. 

2. Topsoil and overburden stockpiles shall be revegetated within one year. 

3. Emissions from material handling (Le. removal, loading, and hauling) shall be controlled by watering at 

all times unless natural moisture is sufficient to control emissions.

4. Unpaved haul roads shall be graveled and paved, as per initial application, and watered as often as 

needed to control fugitive particulate emissions such that the above guidelines are met. 

5. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed 

areas at anyone time to a minimum.

6. Material stockpiles shall be watered as necessary to control fugitive particulate emissions. 

7. Plant entryway, truck service roads, and concrete batching areas shall be graveled or paved. Watering 

shall be implemented if emission guidelines above are not met.

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Colorado Department of Public Health and Environment 

Air Pollution Control Division

GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) 

1. 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 deemed denied ab initio. This permit may be revoked at any time 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 permit 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 copy of 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 II.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 permit 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 with the permit conditions must be demonstrated within 180 days after commencement 

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.1., and can result in the revocation 

of the permit. You must demonstrate compliance with the permit conditions within 180 days 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 owner must notify the Division in writing requesting a cancellation of the permit. 

Upon notification, annual fee billing will terminate. 

9. Violation of the terms of a permit or of the provisions of the 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.

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