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year precetling august 3, L977 and at that time was located <br />w;tnin or adjacent to alluvial valley floors, the proposed <br />surface coal mining operations would: <br />(a) not interrupt, disrentinue, or preclude farming <br />on alluvial valley floors that are irrigated or naturally <br />subirrigated, excluding undeveloped range lands which are <br />not si~3nificant to farriny on said alluvial valley floors <br />and tnose )ands upon which the board has found that the farm- <br />ing wnich will c2 ;nterrupted, uiscontinued. cr precluded <br />is of such small acreage as to oe of negligible impact on <br />said land's agricultural production; or <br />(3) loot materially damage the cuantity or Suality <br />of surface water or grouncwater systems that supply the <br />alluvial valley floors described in sub-sub;.aragrapn (a) of <br />this subparagraph (I). <br />f) To the extant that the applicant proposes to <br />extract coal by sJrface methCdsr and where the private min- <br />eral estate has been severed from the private sJrface estater <br />the applicant has subm;tted to the divisicn: <br />(I) The written Consent Of the sJrface owner t0 the <br />extraction of coal by surface coal mining; or <br />(II) A conveyance that expressly grants or reserves <br />the right to extract the teal cy sJrface coal miring. or, <br />rY the conveyance does not expressly grant the ri~~ht to <br />extract coal by surface coal mining. otner legal documenta- <br />tion support;ny- applicant's right of entry in accordance <br />with state law. (Nothing in the permit shall be ccnstrued <br />as an adjudication of any prcpert•/ right.) <br />g) Subject to valid <br />3, 1977, and with the Further <br />coal mining operations which <br />1977, the application: <br />rights existing as of August <br />exCepCiOn Of those sJrfdCe <br />were in existence on August 3, <br />(I) Does not include any )ands within the boundaries <br />Of units Uf *_he ndtlOndl park 5'y St P.m, the ndtlOndl wildlife <br />refuge systems, the national system of trails, the national <br />•wilderness preservation system, the wild and scenic rivers <br />system, including study rivers designated under said act, <br />and national recreation areas designated oy act of the United <br />States Congress; <br />([I) Does not include any federal lands within the <br />boundaries of any national ferest, except to the extent <br />that the Secretary of the United States Department of Agri- <br />cultJre has found that there are no significant recreational, <br />limper, economic, or other values which may be inccmpatible <br />with Such sJrfdCe mining Operations, and: <br />(n) Surface operations and impacts are incident to <br />an underground coal mine; or <br />(~+) 'wnere the Secret.3ry of the United States Depart- <br />mznt of Agriculture has ddtarnined. with respect to lands <br />in national forests which do not have significant forest <br />cover, that surface mrciny is in compliance witn the "Multi- <br />ple-Use Sustained-yield Act oh 1900". as amerded. the "Fed- <br />eral Coal Leasing amendments Act of 1975". as amended. the <br />"wational Forest ManaSement act of 1976". as amerded. and <br />the provisions of article 33 cf title 34, C.R.S. 1973. <br />-2- <br />