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• <br /> -z_ <br /> e) ( I ) Unless the proposed operation was an operation which produced coal <br /> in commercial quantities in the year preceding August 3, 1977 and at that time <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 farming on said alluvial <br /> valley floors and those lands upon which the Board has found that the farming <br /> which will be interrupted, discontinued, or precluded is of such small acreage <br /> as to be of negligible impact on said land' s agricultural 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-subparagraph (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 submitted to the Division: <br /> (I) The written consent of the surface owner to the extraction of <br /> coal by 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 legal <br /> documentation supporting applicant' s right of entry in accordance with State <br /> law. (Nothing in the Permit shall be construed as an adjudication of any <br /> property right. ) <br /> g) ruC;Ject to valid - -rt=. e+'is-irg as of A.ugL!st S, 197/ , and with the <br /> 'urther except`on of those su, ace cJal in"nInc o�;er2tions which were in <br /> existence or, .Aug_st 3, 797', the application: <br /> ;1 ) Does not `rclude any lands W;thin the boundaries of units of <br /> the nationa ,. park syster, the rational wildlife refuge systems, the national <br /> system of trains, tr!e nazio^al wilderness preservation system, the wild and <br /> scenic rivers system, includinc study rivers designated under said act, and <br /> national recreation, are2s designated by act of the United States Congress; <br /> 'lI ) 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 /> recreetional , timber, economic, or other values which may be incompatible with <br /> such surface mining operations, and: <br /> W Surface operations and impacts are incident to an <br /> underground coal mine; or <br />