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'00,000,0 <br />. <br />O XBOW MINING, LLC <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA Tel (970)929 -5122 Fax <br />(970)929 -5177 RECEIVED <br />August 1, 2012 <br />AUG 0 8 2012 <br />Ms. Tania Watson, GPII 01Wsion of Reclame"On <br />Compliance Assurance Section, WQCD Mining &Safety <br />Colorado Department of Public Health and Environment, <br />4300 Cherry Creek Drive South <br />Denver, CO 80246 -1530 <br />Re: CDPS Permit No. 000000132, July 24 2012 Notice of Compliance Advisory Oxbow <br />Mining, LLC., Elk Creek Mine, Response to Compliance Advisory. <br />Dear Ms. Watson: <br />This letter is submitted to the Division in response to the subject Compliance Advisory. For the <br />Division's information, we received the Notice in our office on July 30, 2012. The Advisory <br />alleges that Oxbow Mining, LLC failed to comply with discharge permit conditions in March <br />2012 for outfall 016A. <br />We believe that the Division's determination is in error. In response to the Advisory, we are <br />providing the following information and discussion. <br />Background Information <br />• The Elk Creek Mine January 2012 DMR reported a discharge for outfall 016A. While we <br />analyzed for Total Dissolved Solids (TDS) in January, the monitoring data for this <br />specific parameter is not reported until the quarterly (March) DMR. <br />• The Elk Creek Mine February 2012 DMR reported a discharge for outfall 016A. While <br />we analyzed for Total Dissolved Solids (TDS) in February, the monitoring for this <br />specific parameter data is not reported until the quarterly (March) DMR. <br />• The Elk Creek Mine March 2012 DMR correctly reported that there was no discharge for <br />outfall 0 1 6A during the month. As such, there are no monitoring data to report. <br />• The March DMR did, however, report the average of the January 2012 and February <br />2012 TDS values, as required by the quarterly monitoring. <br />• Because there was no discharge during March, 2012, the monthly parameters were <br />correctly left blank <br />• The General Instruction #11 indicates that if "No Discharge" occurs during the <br />m onitoring period enter "No Discharge" across the form. We assume this also intends to <br />mean that we should check the box labeled "No Discharge." Since we did in fact monitor <br />0 Page 1 <br />