APPCOR11349

• Permit No: C1981021
• IBM Index Class Name: Application Correspondence
• Doc Date: 7/11/1988
• Doc Name: Letter Enclosing Signed Permit
• From: FLATIRON WALDEN COAL CO
• To: MLRD
• Media Type: D
• Archive: No

(e) (I) Unless the proposed operation was an operation which produced
coal in commercial quantities in the year preceding August 3, 1977 and at that
time was located within or adjacent to alluvial valley floors, the proposed
surface coal mining operations would:
(A) Not interrupt, discontinue, or preclude farming on
alluvial valley floors that are irrigated or naturally subirrigated, excluding
undeveloped range lands which are not significant to farming on said alluvial
valley floors and those lands upon which the Board has found that the farming
which will be interrupted, discontinued, or precluded is of such small acreage
as to be of negligible impact on said land's agricultural production; or
(B) Not materially damage the quantity or quality of
surface water or ground water systems that supply the alluvial valley floors
described in sub-subparagraph (A) of this subparagraph (I).
(f) To the extent that the applicant proposes to extract coal by
surface methods, and where the private mineral estate has been severed from
the private surface estate, the applicant has submitted to the Division:
(I) The written consent of the surface owner to the extraction of
coal by surface coal mining; or
(II) A conveyance that expressly grants or reserves the right to
extract the coal by surface coal mining, or, if the conveyance does not
expressly grant the right to extract coal by surface coal mining, other legal
documentation supporting applicant's right of entry in accordance with State
law. (Nothing in the permit shall be construed as an adjudication of any
property right.)
(g) Subject to valid rights existing as of August 3, 1977, and with the
further exception of those surface coal mining operations which were in
existence on August 3, 1977, the application:
(I) Does not include arty lands within the boundaries of units of
the national park system, the national wildlife refuge systems, the national
system of trails, the national wilderness preservation system, the wild and
scenic rivers system, including study rivers designated under said act, and
national recreation areas designated by act of the United States Congress;
(II) Does not include any federal lands within the boundaries of
aqy national forest, except to the extent that the Secretary of the United
States Department of Agriculture has found that there are no significant
recreational, timber, economic, or other values which may be incompatible with
such surface mining operations, and:
(A) Surface operations and impacts are incident to an
underground coal mine; or
(B) Where the Secretary of the United States Department of
Agriculture has determined, with respect to lands in national forests which do
not have significant forest cover, that surface mining is in compliance with