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I� <br />OXBOW MINING, I- L.0 <br />.;',-,7 1-1�vy 13-; 1'.0. Box 5.i5 Somerset, Colorado 814 >4 USA Jel (970)929 -5122 Fax <br />(970)929 -5177 <br />July 16, 2013 RECEIVED <br />Ms. Tania Watson JUL 19 2013 <br />Colorado Department of I lealth, WQCD <br />Permits and Enforcement Section pF wofi AT1ON <br />WQCD -PE -B2 OW., W SAFETY <br />4300 Cherry Creek Drive South <br />Denver, CO 80246 -1530 <br />Re: CDPS Permit No. COG850064, June, 2013 Discharge Monitoring Reports, Oxbow <br />Mining, LLC., Elk Creek Mine. <br />Dear Ms. Watson: <br />Enclosed is the June, 2013 Discharge Monitoring Report (DMR) for the Oxbow Mining, LLC., <br />Elk Creek Mine Permit COG850064. <br />The enclosed DMR indicate no issues or exceedances relative to the routine non -WET testing <br />parameters. <br />As expected, due to high levels of alkalinity, the Chronic WET test of the test species <br />Ceriodaphnia dubia failed at the 100% effluent level. The % survival of the C. dubia at the 50% <br />dilution level was 100 %. The Chronic WET test of the test species Fat Head Minnows (P. <br />promelas) passed. Please see the attached June 19, 2013 report from Enviro -Chem Analytical, <br />Inc. for the details of the test. Due to damaged and delayed mail delivery, unfortunately Oxbow <br />did not receive the report until receipt of it was included with a requested follow -up email from <br />the Lab on July 12, 2013. Delay in receipt of the reports resulted in unexpected delays in <br />reporting this information to the Division. <br />The Division should recall that on May 3, 2013, Oxbow sent an email requesting a change of <br />Chronic Wet Test species from Ceriodaphnas dubia to Daphnia magna due to anticipated <br />alkalinity. The testing Laboratory had given Oxbow and advance advisory that the Wet Test <br />would likely fail with C. dubia because of the elevated alkalinity expected in the mine water. The <br />Division indicated to Oxbow it was unable to grant a change in species for Chronic WET testing, <br />only acute WET testing. <br />The alkalinity in the discharge waters are not an isolated contaminant, rather it is a natural <br />occurance in all of the underground coal mines located in the North Fork Valley. Because of the <br />occurance of high alkalinity, Environmental -Chem Analytical, Inc. indicated we could expect the <br />same results if accelerated testing were to commence. Therefore, Oxbow is specifically <br />requesting relief from accelerated testing. <br />• Page 1 <br />