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3. The proposed operation would 6e conrhrcterl in nccordnncn with 4.24 and all other <br />applicable requirements of the Act and these Rules (2.0G.8(5)(a)(iii)). <br />4. Any change, in land use of the lands covered by the proposed permit area and <br />adjacent area, from its pre-mining use in or adjacent to the alluvial valley floor <br />of the Michigan Rivet will not interfere c:ith or preclude Che reestablishment of <br />the essential hydrologic functions of the alluvial valley floor (2.06.8(5)(a)(iv)). <br />North Fork of Bolton Draw <br />Although the North Fork of Bolton Draw possess some characteristics typical of an <br />alluvial valley floor, the majority of the evidence sugyesCS that a negative deter- <br />mination is appropriate. Within the permit area, two prerequisites for an AVF have <br />been identified: a unit of alluvium and arr area of suhirrigation. Both areas exceed <br />the minimum width criteria of 50 feet recommended in the 0Sh1 June 11, 1980 AVF Guide- <br />lines (Part I, p. 5), but only the 19.9 acre unnamed alluvial soil unit exceeds the <br />recommended 10 acre areal extent; the subirrigated area comprises only 5.4 acres. <br />Furthermore, this subirrigated area has a perched water table, isolated from the main <br />alluvial water table doc,mstream, and is recharged solely by precipitation. Therefore, <br />this Division makes the finding that the North For}: of Bolton Draw is not an alluvial <br />valley floor. <br />The decision to disqualify this area as an AVF is baser] on regional investigation by <br />the applicant and a regional inventory conducted by Kerr Coal Company for the adjacent <br />Ffa rr mine. Both studies indicate that no current or historical regional precedence <br />exists for practicing flood irrigation on acreage of this size (page 9, Addendum 7 <br />of the permit application). <br />Bolton Draw <br />Based primarily on results of previous investigations conducted by the OSA1 during the <br />TEA stage of the Canadian Strip mine re-opening (July, 1980) and by Kerr Coal Company <br />for the Marr Strip mine permit application, it mast he concluded that a segment of <br />Bolton Draw as shown on Exhibit 2, Addendum I, is determined to be an alluvial valley <br />floor. Bolton Draw exhibits these c7ra racte risti cs indicative of an rl VF: <br />1. Extensive alluvium and flood plain deposits, <br />2. significant subirrigation, crater storage and diversion capacities, and <br />3 historical flood irrigation practices, and some similarity to regional flood <br />irrigation practices. <br />The applicant has provided arguments for disputing the possibility that Bo1COn Draw <br />is potentially flood irrigable (pa ye 11-114, Volume 7, and pages 9-12, Addendum I of <br />the permit application). The applicant bases their contention on two considerations: <br />First, Bolton Ditch has not been used to divert water for irrigation in five years <br />(the Iasi recorded use was July, 1976). Statements of nearby landowners indicate that <br />the poor soil along Bolton Draw precluded the successful growth of crops such as hay. <br />An unpublished SCS soil survey describes this soil (the Spicerton series) as possessed <br />of a moderate available water capacity and as characterized by high salt content. Secondly <br />Bolton Draw receives a significant portion of its water supply during the Summer months <br />from Spear Ditch, which imports water from the Mighican River and is currently being <br />used to irrigate an area at the very upstream reaches of Bolton Draw (Volume I, page <br />110 of the permit application). <br />