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'?` <br />OXBOW MINING, LLC <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA Tel (970)929-5122 Fax <br />(970)929-5177 <br />June 7, 2011 <br />Ms. Tania Watson <br />Colorado Department of Health, WQCD <br />Permits and Enforcement Section <br />WQCD-PE-B2 <br />4300 Cherry Creek Drive South <br />Denver, CO 80246-1530 <br />\\ ID <br />A01 <br />a a s? <br />Re: CDPS Permit No. 000000132 May 2011 Discharge Monitoring Reports Oxbow <br />Mining, LLC., Elk Creek Mine. <br />Dear Ms. Watson: <br />Enclosed are the May, 2011 Discharge Monitoring Reports (DMR's) for the Oxbow Mining, <br />LLC. Elk Creek Mine. <br />Due to inflows from a series of intensive rainfall and snow mix precipitation events beginning <br />on May 9, 2011 and continuing until May 12, 2011, the enclosed DMRs indicate a discharge on <br />May 9, 2011 Outfall 012 exceeded the primary effluent limitation of TSS. See the attached <br />Table 1- May 9, 2011 Sedimentation Pond Discharge for a summary of the analytical data. <br />Attached also is a summary table for West Elk - Met station obtained from our neighbor the <br />Mountain Coal Company, West Elk Mine, and Laboratory Analysis Reports from SGS <br />Minerals Services Division for the outfall in question. <br />The information indicates that an initial intense 0.82" of precipitation in the form of rainfall and <br />snow mix on the day of the discharge sampling and subsequently 0.56" of precipitation during <br />the days after the sediment pond discharge. <br />In accordance with the January 25, 2006 Permit Amendment No. 3 and May 16, 2005 <br />Amendment #2, and October 28, 2004 Amended Permit, Permit Part I(b) Alternate Limitations <br />we are requesting relief of primary total suspended solids (TSS) limitation for an event less than <br />or equal to the 10-year, 24 hour precipitation event or snowmelt equivalent. <br />The Division should be aware that the sedimentation ponds are designed in accordance with <br />Regulations of the Colorado Division of Reclamation, Mining and Safety to contain or treat a 10 <br />yr, 24-hr storm event of 1.9" of rainfall or snowmelt equivalent. The sedimentation pond treated <br />the runoff in accordance with the permitted and approved designs and the resulting discharge <br />represent little more than the routine and anticipated discharge of such stormwater event. <br />• Page 1 <br />