Laserfiche WebLink
f - ;.~ <br />-L- <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 farming on alluvial <br />valley flours that are irrigated or naturally subirrigated, excluding <br />undeveloped range lands which are not significant to fanning on said alluvial <br />valley floors and those lands upon which the Board has found that the fanning <br />~.vhich will be interrupted, discontinued, or precluded is of such small acreage <br />as to be of negligible impact on said land's ayricultural production; or <br />(i3) not materially damage the quantity or quality of surface water <br />dr ground water systems that supply the alluvial valley floors described in <br />sub-subparayrapn (A) of this subparagraph (I). <br />fj 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 oy surface coal mining; or <br />(II) A conveyance that expressly grants or reserves the right to <br />extract tiie coal by surface coal mining, or, if the conveyance does not <br />expressly grant the right to extract coal by surface coal mining, other leyal <br />docwnentation supporting applicant's riyht of entry in accordance with State <br />law. (NOt'ning in Ure permit shall be construed as an adjudication of any <br />property riyht.) <br />y) Subject to valid rights existing as of r{ugust 3, 1971, and with the <br />further exception of those surface coal mining operations which were in <br />existence on Huyust 3, 1977, the application: <br />(I) Does not include any lands within the boundaries of units of <br />the national park system, the national wildlife refuge systems, the national <br />system of trains, the national wilderness preservation system, the wild and <br />scenic rivers system, including study rivers designated under said act, and <br />natidnai recreation areas desiynated oy act of the United States Congress; <br />(II) Does not include any federal lands within the boundaries of <br />any national rarest, except to the extent that the Secretary of the United <br />States Department of tigriculture has found that there are no siynificant <br />recreational, timber, economic, or other va]ues which :nay b2 incompatible dith <br />such surface mining operations, and: <br />(r1) Surface operations and impacts are incident to an <br />undaryround coal mine; or <br />(B) ~~Jnere the Secretary of tiie Uniteo States Department of <br />Ayriculture has determined, with respect to lands in national forests which do <br />not have siynificant forest cover, that surface ~nininy is in compliance with <br />