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-L- <br />e)(I) Unless the proposed operation ,vas an operation ~rhich produced coal <br />. in co~rurercial quantities in the year preceding August 3, 1977 and at that tune <br />was located within or adjacent to alluvial valley floors, the proposed surface <br />coal mining operations would: <br />(A) Not interrupt, discontinue, or preclude fanning on alluvial <br />valley floors that are irrigated or naturally subirrigated, excluding <br />undeveloped range lands which are not significant to fanning on said alluvial <br />valley floors and those lands upon which the Board has found that the farming <br />~vhich will be interrupted, discontinued, or precluded is of such small acreage <br />as to_ be of negligible impact on said land's ayricultural production; or <br />(B) not materially damage the quantity or quality of surface water <br />or ground water systems that supply the alluvial valley floors described in <br />sub-subparayraph (A) of this subparagraph (I). <br />f) To the extent that the applicant proposes to extract coal by surface <br />methods, and where the private mineral estate has been severed from the <br />private surface estate, the applicant has submiiteo to the Division: <br />(I) The written consent of the surface owner to the extraction of <br />coal oy surface coal mining; or <br />(II) A conveyance that expressly grants or reserves the right to <br />extract the coal by surface coal mining, or, if the conveyance does not <br />expressly grant the right to extract coal by surface coal mining, other loyal <br />documentation supporting applicant's riyht of entry in accordance with State <br />13ty. (Noticing in the permit shall be construed as an adjudication of any <br />property riyht.) <br />y) Subject to valid rights existing as of Nugust 3, 1971, and with the <br />further exception of those surface coal mining operations which were in <br />existence on Nugust 3, 1977, the application: <br />(I) Does not include any lands within the boundaries of units of <br />the national park system, the national wildlife refuge systems, the national <br />system of trains, the national ~,vilderness preservation system, the wild and <br />scenic rivers system, including study rivers designated under said act, and <br />national recreation areas desiynated by act of the United States Congress; <br />(II) Does not include any federal lands within the boundaries of <br />any national forest, except to the extent that the Secretary of the United <br />States Department of Agriculture has found that there are no significant <br />recreational, timber, economic, or other values wi~icli may be incompatible v~ith <br />such surface mining operations, and: <br />(A) Surface operations and impacts are incident to an <br />underyround coal mini; or <br />(d) rJhere the Secretary of the United States Department of <br />Agriculture has deternined, with respect to lands in national forests which do <br />not Nava siynificant forest cover, that surface ~~ininy is in compliance with <br />