N.D. Admin Code 69-05.2-08-13 - Permit applications - Permit area - Alluvial valley floor determination
1. Before
applying for a permit to conduct operations within a valley holding a stream or
in a location where the adjacent area includes any stream, the applicant shall
either affirmatively demonstrate, based on available data, the presence of an
alluvial valley floor, or submit the results of a field investigation of the
permit and adjacent areas. The investigations must include sufficiently
detailed geologic, hydrologic, land use, soils, and vegetation studies on areas
required to be investigated by the commission, after consultation with the
applicant, to enable the commission to make an evaluation regarding the
existence of the probable alluvial valley floor in the permit or adjacent area
and to determine which areas, if any, require more detailed study in order to
make a final determination regarding the existence of an alluvial valley floor.
Studies performed during the investigation by the applicant or subsequent
studies required of the applicant must include an appropriate combination,
adapted to site-specific conditions, of:
a.
Mapping of the probable alluvial valley floor including geologic maps of
unconsolidated deposits, delineating the streamlaid deposits, maps of streams,
delineation of surface watersheds and directions of shallow ground water flows
through and into the unconsolidated deposits, topography showing local and
regional terrace levels, and topography of terraces, floodplains, and channels
showing surface drainage patterns.
b. Mapping of all lands included in the area
used for agricultural activities, showing the different types of agricultural
lands and accompanied by measurements of vegetation productivity and type.
c. Topographic maps of all lands
that are or were historically flood-irrigated, showing the location of each
diversion structure, ditch, dam, and related reservoir.
d. Documentation that areas identified in
this section are, or are not, subirrigated, based on ground water monitoring
data, representative water quality, soil moisture measurements, and
measurements of rooting depth, soil mottling, and water requirements of
vegetation.
e. Documentation,
based on representative sampling, that areas identified under this subdivision
are, or are not, flood irrigable, based on streamflow, water quality, water
yield, soils measurements, and topographic characteristics.
f. Analysis of a series of aerial
photographs, including color infrared imagery capable of showing any late
summer and fall differences between upland and valley floor vegetative growth
and of a scale adequate for reconnaissance identification of areas that may be
alluvial valley floors.
2. Based on the investigations conducted
under subsection 1, the commission will determine the extent of any alluvial
valley floors within the study area and whether any stream in the study area
may be excluded from further consideration. The commission will determine that
an alluvial valley floor exists if:
a.
Unconsolidated streamlaid deposits holding streams are present; and
b. There is sufficient water to support
agricultural activities as shown by:
(1) The
existence of flood irrigation in the area or its historical use;
(2) The capability to be flood-irrigated,
based on streamflow water yield, soils, water quality, and topography; or
(3) Subirrigation of the lands
from the ground water system of the valley floor.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-21
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