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year preceding August 3, 1977 and at that time was located <br />witn;n or adjacent to alluvial valley floors, the proposed <br />surface coal mining operations .could: <br />(a) Not interrupt, discontinue, or preclutle farming <br />on alluvial valley floors that are irrigated or naturally <br />suDirrigated, excluding undeveluped range lands which are <br />not significant to farming en said alluvial valley floors <br />and tnose lands uaen which the boartl has found t~tiat the farm- <br />ing wnich will be interrupted, ~iscontinuetl, cr precluded <br />is of such small acreage as td oe of negligible impact on <br />said land's agricultural prDCucticn; cr <br />(8) I~ot materially damage the quantity or quality <br />of surface wooer or groundwater systems tnat supply the <br />alluvial valley floors described in sub-subparagrapn (a) of <br />this subparagraph (I). <br />f) io the extent that the applicant proposes td <br />extract coal Dy surface methccsr and where the private min- <br />eral estate has been severed from the private surface estate. <br />the applicant has Submitted [C the division: <br />(I) the written consent of the surface owner to the <br />ex*_raction df coal Dy surface coal mining; or <br />()I) A conveyance that expressly .;rants or reserves <br />[he right to extract the coal cy surface coal miring, or. <br />if the conveyanca does not expressly grant the right to <br />ex *_ract coal by surface coal mining, other legal documenta- <br />tion supporting aprlicant's risht of entry in accordance <br />wrth state law. (?~otning in the aermit shall be construed <br />as an adjudication of any property right.) <br />g) Subject to valid rights existing as of august <br />3, 1977, and with the further exception of [hose surface <br />co31 mining operations which were in existence on august 3. <br />1977. the application: <br />(I) Does not include any )ands within the boundaries <br />of units of the national park system, the national wildlife <br />refuge systems, [he national system of trails, the national <br />.wilderness preservation systemr 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 longress; <br />(II) Does not include any federal lands within the <br />boundaries of any national forESt, except to the extent <br />that the Secretary of the United States Department of agri- <br />culture has found that there are no significant recreational. <br />cimoer, economic, or other values which may be incompatible <br />with such surface mining operationsr and: <br />(a) Surface operations ono impacts are incident to <br />an underground coal mine; or <br />(~) Wnere the Secretary of the United States Depart- <br />ment Of AgriCUltUre has tlet2rmined. with respect t0 lands <br />in national forests whicn do not have significant forest <br />Cover, that surface minin-y i5 in compliance with the "Multi- <br />ple-Use Sustained-yield Act of 1900", as amerded. the "Fed- <br />aral Coal Leasing amendments wct of 1975". as amended. the <br />°fdacional Forest Management act of 1976". as amended. and <br />the provisions of article 33 cf title 34, C.R.S. 1973. <br />-2- <br />