GENERAL34465 - Laserfiche WebLink

Home Browse Search

year preceding August 3, 1977 and at that time was located within or adjacent to alluvial valley floorsr the proposed surface coal mining operations would: (a) trot interrupt, discontinue, or preclude farming on alluvial valley floors that are irrigated or naturally suDirrigated, excluding undeveloped range lands which are not significant to farming on said, alluvial valley floors and those lands upon which the board has fountl that the farm- ing which will be interrupted, u;scontinued, cr preclutletl is of such small act-eaga as to ce of negligible impact on said land's agricultural production; or (8) Not materially tlamage the quantity or quality of surface water or groundwater systems that supply the alluvial valley floors described in suD-subpara•;rapn (a) of this subparagraph (I). f) To the extent that the applicant proposes to extract COdI Dy SUrfaCe methCdSr and whole the ,~fiVdte min- eral estate has been severed from the private surface estate, the applicant hd5 SUbmiLtetl t0 the tliViSiOn: (I) The written COnSent OF Lhe Surface owner t0 [he extraction of coal by surface coal mining; or (fI) A conveyance that expressly grants or reserves the right to extract the coal by surface coal mining, or, if the conveyance does not expressly grant the right to extract coal Dy surface coal mining, other legal documenta- tion supportin§ applicant's right of entry in accordance with Stdt2 law. (NOthing in the permit Shrill b2 COnStrOeO as an adjudication of any property right.) g) SUb~eCt t0 Valid rights existing d5 Of August 3, 1977, and with the further exception of those surface coal mining operations which were in existence on August 3, 1977, the application: (I) Does not include any lands within the boundaries Of units Of the ndtiOndl park system, the ndtiOndl wildlife refuge systems, the national system of trails, the national wilderness preservation system, the wild and scenic rivers 5y5tem. including study rivers designated under said act, and national recreation areas designated by act of the united States Congress; (II) Does not include any federal lands within the boundaries of any national forest. except to the extent that the Secretary of the United States OepartR•ent Of agri- CUlt.lfe hd5 fOUntl that there are n0 Significant reCredtiCndl, timoer, economic, or other values which may b? inccmpat~ble with such surface mining operations, and: (a) Surface operations and impacts are incident to an underground coal mine; or (5) where the Secretary of the United States Ceparc- ment of agriculture has d2t2rmined. with respect to lands in national forests which do not have significant forest cover, that surface minin-y is in compliance with the "Multi- ple-Use $u5tdined-Yieltl Act Of 19b0", d5 dmendedr the "Fed- ~ral Coal leasing amendments pct of 1975", as amended. the "National Forest Management act of L976", as amended, and the provisions of article 33 of title 34, C.R.S. 1973. -2- i