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REQUEST FOR RELIEF OF PRIMARY TOTAL SUSPENDED SOLIDS (TSS) <br />AND TOTAL IRON EFFLUENT LIMITS <br />OXBOW MINING OUTFACES 012 AND 016 <br />OCTOBER 2006 <br />During the period October 2 through October 18, 2006 the western United States in general and <br />western Colorado in particulaz, received an abnormally wet and warm flow of moisture from <br />upper level, low pressure centers originating from the Pacific Ocean. According to the National <br />Weather Service (NWS) station located in Paonia, Colorado during this period, approximately <br />4.41 inches of precipitation fell. <br />The following Table #1 summarizes the precipitation occurring during this time period. The data <br />source is the Paonia NOAA Weather Station. The raw data record is submitted for your <br />information. Oxbow has, in the past, relied upon rain gauge information from out neighbor, <br />Mountain Coal Company. However, the rain gauge was rendered inoperative by a lightning <br />strike and resultant power outage. The Paonia NWS station is located approximately 8 miles <br />southwest of Oxbow and is representative of precipitation in the local azea. <br />Table #1 - OMLLC Elk Creek Mine Precipitation and Temperature. <br />Date 24 hour Precipitation Total (inches) High Temperature (F°) <br />October <br />3 <br />0.03 <br />76 <br />4 0.58 56 <br />5 0.21 - <br />6 0.33 - <br />7 0.91 - <br />8 0.04 66 <br />9 0.04 69 <br />10 0.53 58 <br />11 0.18 60 <br />15 0.22 58 <br />17 0.67 63 <br />18 0.67 49 <br />Total 4.41 inches <br />The precipitation resulted in the increased inflow and filling of Pond B (Outfa11012) to within 18 <br />inches of the emergency spillway and the decanting of water over the Pond D (Outfa11016) <br />primary spillway. To maintain stability and capacity of the Pond B with respect to the uncertain <br />duration of the string of Pacific storms the primary outlet was opened on 10/17/2006 to facilitate <br />dischazge. The Pond B outlet was closed on 10/20/2006. The outflow from Pond D was also <br />observed to have continued to occur during the next week with a discharge observed on <br />10/26/2006 during a CDRMS inspection by Mr. Jim Stazk. During the period of October 25 <br />through October 27, Oxbow experienced approximately 0.67 additional inches of precipitation. <br />Total precipitation in October was determined to be approximately a surprising 5.08 inches. <br />• Page 2 <br />