Laserfiche WebLink
<br />year precetling august 3, 1977 and at that time was located <br />~witnin or adjacent to alluvial valley floorsr the proposed <br />surface coal mining operations would: <br />(a) Not interrupt, discontinue, or preclude farming <br />on alluvial valley floors gnat are irr;gated or naturally <br />subirrigdted. excluding undeveloped range lands which are <br />not significant to Far.ring on said alluvial valley floors <br />dnd tnOSe lands upon which the board hd5 fOUnd that the farm- <br />ing wnich will be interrupteC, u;scontinued. cr precludetl <br />is of such small acreage as to be of negligible ;moact on <br />said land's ayriculturdl production; or <br />(B) Not materially damage the quantity or quality <br />of surface water or groundwater systems that supply the <br />alluvial valley floors described in sub-sub;;ara•;r3pn (a) of <br />this Subparagraph (I). <br />f) To the extent that the applicant proposes to <br />extract coal oy surface methcds, and where the private m;n- <br />eral estate has been severed from the private surface estate. <br />the applicant has submittetl to the division: <br />(I) The written cOnSent of the surface owner to the <br />ex*_raction of coal by surface coal mining; or <br />(II) a conveyance that expressly grants or reserves <br />the right to extract the coal by surface coal mining, or, <br />if the conveyance does not expressly grant the right to <br />eXtrdCt COdI by surfdCe COdI Yining, Other legal dOCUmenLd- <br />tion supporting applicant's right of entry in accordance <br />with state law. (Nothing in the permit shall be ccnstrued <br />as an adjudication of any property right.) <br />g) Subject to valid <br />3, 1977, and with the Further <br />Coal mining operations which <br />1977, the application: <br />rights existing as of August <br />exception Of those sUrfdCe <br />were in existence on august 3. <br />(I) Does not include any lands within the boundaries <br />of units of the nat;onal park system, the national wildlife <br />refuge systems, the national system of trails, the national <br />wilderness areservation system, the wild ono scenic rivers <br />system, including study rivers designated under said act. <br />and national recreation areas designated oy act of the United <br />States Congress; <br />(II) Does not include any federal lands within [he <br />boundaries of any national forest, except to the dxcent <br />that the Secretary of the United States Cepartment of Agri- <br />culture has found that there are no significant recreaticnal. <br />timoer. economic, or other values which may be inccmpat;bl? <br />with such surface mininy operations, and: <br />(a) Surface operations ono impacts are incident to <br />an underground coal mine; or <br />(9) where the Secretary of the United States Depart- <br />ment of agriculture has determined. with respect to Janos <br />in national forests which do not have significant forest <br />cover, that surface minin-y is in compliance witn the "Multi- <br />ple-Use Sustained-Yield act of L960". as amerded, the "Fed- <br />~ral COaI Leasing amendments act of 1975", as amended, the <br />"National Forest Management act of t976". as amended. and <br />the provisions of article 33 of title 34, C.R.S. 1Q73. <br />-2- <br />