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4 <br />Mr. Larry Damrau - 3 - April 17, 1986 <br />If it appears that damage is occurring or is projected to occur, TCC will need <br />to measure the crop productivity and composition on the affected lands in <br />order for MLRD to make a significance determination. (Alternatively TCC could <br />request a change in the standard based on appropriate site specific studies as <br />provided for in 2.06.8(6)(c).) <br />TCC is reminded that Sections 34-33-114(2)(e) and 34-33-114(2)(c) of the <br />Colorado Surface Coal Mining Reclamation Act prohibit material damage to <br />Alluvial Valley Floors. A significant degradation of water quality supplying <br />alluvial valley floors would be considered material damage. Compensation to <br />farmers through financial means or actual replacement of hay does not relieve <br />TCC of the Act's requirement to prevent material damage. TCC is also reminded <br />that the law requires AVF's to be restored to their original productivity, <br />even those lands owned by the operation. <br />If damage to crops were to occur it would probably be manifested during the <br />summer irrigation season June to September. Since the consequences for <br />causing material damage are significant, it is necessary that TCC resolve this <br />issue prior to the irrigation season. <br />We would like TCC's preliminary written opinion on the source of elevated TDS <br />in the affected drainages and an identification of where the irrigated and <br />subirrigated crop lands exist in the basin by April 30, 1986. TCC should also <br />concurrently submit a written plan with timetables to complete the <br />investigation and ensure that no material damage will occur. <br />In conclusion, existing TCC monitoring data raises concerns as to the <br />seriousness of the affect the operation is having upon the hydrologic balance <br />and agricultural water uses in the river basin. With limited information on <br />adjacent land uses it is difficult for MLRD to assess how significant this <br />problem is. Since there is reason to believe that material damage may occur, <br />this issue will need to be addressed in a timely manner. <br />If you have any questions, or would like to arrange for a meeting please <br />contact Dan Mathews or me. <br />Sincerely, <br />'v U <br />i~ i~ <br />Robert G. Liddle <br />Senior Reclamation Specialist <br />RGL/srs <br />cc: Dave Shelton <br />Fred Banta <br />Cathy Begej <br />Dan Mathews <br />Randy Price <br />Steve Renner <br />8863E <br />