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year preceding August 3, 1977 and at that time was located <br />witnin or adjacent to alluvial valley Floorsr the prcposec <br />surface coal mining operations would: <br />(a) t`ot interrupt. discontinue, or preclude farming <br />on alluvial valley floors that are irrigated or naturally <br />subirrigaced, excluding undeveloped range lands which are <br />not si~lnificant to farming en said alluvial valley floors <br />and tnose lands open which the ~oard has found that the farm- <br />ing wn;ch will b2 interrupted, uiscontinued, cr precluded <br />;s Of Such Small dCredg? d5 t0 oe Of negligible imDdCt On <br />said land's agricultural production; or <br />(8) toot materially damage the quantity or quality <br />of surface water or groundwater systems toot supply the <br />alluvial vailey floors described in sum-subparagrapn (a) of <br />this subparagraph (I). <br />f) io the extent that the applicant proposes to <br />extract coal by surface methcdsr and where the private min- <br />eral ?state has been severed from the private surface estate, <br />the applicant has submitted to the division: <br />(I) The written consent of the surface owner to the <br />extraction of coal by surface coal mining; or <br />(II) A conveyance that expressly ;rants or reserves <br />the right to extract the teal cy surface coal miring, or, <br />if the conveyance does not expressly grant the right to <br />extract coal by surface coal mining, other legal documenta- <br />tion supporting applicant's risht of entry in accordance <br />with SLdt2 law. (.yothing in the permit Shrill b2 CCnStrueC <br />as an adjudication df any property right.) <br />g) Sub3ect to valid <br />3. 1977, dr•d with the further <br />coal mining operations which <br />1977, the application: <br />rights existing as of august <br />exception of these surface <br />were in existence on august 3. <br />(I) Coes not include any lands within the boundaries <br />of units of the national park system, the national wi)dl;fe <br />refuges systems, the nationai system of trails, the national <br />wilderness preservation systemr the wild and scenic rivers <br />system. including study rivers designated under sa;d act. <br />and national recreation areas designated by act of the United <br />States Congress; <br />(II) Coes not include any federal lands within the <br />boundaries of any national forest, except to the extent <br />toot Lne Secretary of the United States Cepartment of agri- <br />culture has found that there are no significant recreational. <br />ClmOer, ECOnOmiC, Or OLher values which may be ;nCCmpdtibl? <br />with such surface mining operations, and: <br />(a) Surface operations ono impacts are inc;dent to <br />an underground coal mine; or <br />(~) mere the Secretary of the United States Cepart- <br />mant of agriculture has determined. with respect to Janos <br />in national forests whim do not have significant forest <br />cove n that surface mir.iny is in compliance with the "NUlti- <br />ple-Use Sustained-yield act of 19b0". as amended. the "Fed- <br />eral Coal L?a5ing amendments pct cf 1975". as amended. the <br />"National sorest ManaSement act of 1976", as amended. and <br />the provisions of article 33 cf title 34. C.R.S. 1973. <br />-Z- <br />