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<br /> <br />laterals (side ditches) to a condition which allows you to conduct <br />your irrigation activities. we are suggesting to Basin Resources <br />that they repair the two ditch laterals along their entire length <br />from the point where they leave the main ditch to the north end of <br />each. This, of course, does not apply to the main ditch itself nor <br />to any areas or portions of the ditch upstream of culvert C-14, <br />where no impacts which resulted in the NOV were observed. <br />3. Compensation for one and one half years of crop loss of 1,990 <br />bales of hay at $3.50 per bale for a total cost of $6,965. <br />Presently, the Division is seeking expert opinion as to the <br />possible effects the spill of approximately 1 cubic yard of <br />coal fines could have on the production of your hay field. As <br />per our phone conversation of April 26, 1996, irrigation <br />normally begins about May 10th of each year. NOV ~C-94-o08 <br />was terminated by the Division on May 10, 1994. Thus, the <br />record indicates that repair work performed by Basin in 1994 <br />did not preclude irrigation of your hay fields, since the <br />ditch was cleaned and repaired by the time that you would <br />normally commence irrigation activities. <br />Ms. Janet Binns, our staff vegetation and soils specialist, <br />conducted a more detailed review related to potential hay crop <br />loss. Her review included discussions with Mr. Ken Lutz, District <br />Conservationist with the National Resource Conservation Service <br />(NRCS) and Mr. Michael Pace of the CSU Extension Service, both <br />located in the Trinidad area. Ms. Binns also reviewed a <br />cooperative study conducted by Colorado State University and the <br />Division of Minerals and Geology titled Cron Tolerance Studv (1995, <br />Soltanpour, Franklin, Matthews). In summary, Ms. Binns found no <br />evidence to support your contention of any measurable crop loss due <br />to the one-time flooding of a portion of your field with mine water <br />runoff or from the deposition (and subsequent removal) of <br />approximately one cubic yard of coal fines in your field and apple <br />orchard. It is the Division's determination that any loss in crop <br />production was more likely related to the lack of irrigation during <br />1994 and 1995. <br />4. Erosion of main ditch caused by clean up of sludge, <br />approximate cost $450. <br />Again, since this portion of the ditch was included in the <br />cleanup by the mine as abatement of NOV ~C-94-008, the <br />Division is still evaluating whether some liability on the <br />part of the mine remains for this limited portion of ditch. <br />This portion of the ditch is immediately below the area which led <br />to NOV ~C-94-008. It was subsequently modified during clean-up and <br />abatement activities conducted in 1994. The Division believes that <br />Basin Resources is responsible for restoring this down-cut portion <br />of ditch to a functional condition which meets your needs. <br />According to discussions with you and from review in the field, <br />this portion of ditch was cleaned out by Basin Resources as part of <br />