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'. year preceding August 3, 1977 and at that time •was loca[eo witnin or adjacent to alluvial valley floorsr the proposed surface coal mining operations would: (A) Not interrupt, discentinuer or preclude farming on alluvial valley floors that are irrigated or naturally SuDirrigatetl, excluding undeveloped range lands which are not significant to farming on said alluvial valley floors and those lands upon which the board has found that the farm- ing wn;ch will be ;nterrupted, uiscontinued, er precluded is of such small acreage as to oe of negligible impact on said land's agricultural production; cr (0) Not materially damage the quantity or quality of surface water or groundwater systems that supply tr.e alluvial valley floors described in sus-subparagrapn (a) of this subparagraph (I). f) To the extent tnat the applicant proposes tc extract coal by surface methcdsr and where the private min- eral estate has been severed from the pr;vate surface estate. the applicant has submitted to the division: (I) The written Consent of the surface owner to the extraction of coal by surface coal mining; or (fI) a conveyance that expressly grants or reserves the right to extract the coal by S~urfdCe coal mining, or, if the conveyance does not expressly grant the right to extract coal by surface coal mining. other legal documenta- tion support;ng applicant's right of entry in accordance with ,state law. (Nothing in the permit shall be construed as an adjudication of any property right.) g) Subject to valid 3, 1977, and with the further coal mining operations which 1977. the application: rights existing as of August exception of those surface were in existence on august 3. (I) Does not include any lands w;thin the boundaries of units of the national park system, the ,national wildlife refuge systems, the national system of trailsr the national wilderness preservation System, the wild and scenic rivers system, including study rivers designated under said act, and .national recreation areas designated oy act of the United Slates Congress; (II) Does not include any federal lands within the boundaries of any naticnal forest, except to the extent that the Secretary of the United States Cepartment of agri- culture has found that there are no significant recreatienai. limper, economic, or ocher values which may be inccmpatible with such surface mining operations. and: (4) Surface operations and impacts are incident to an under5round coal mine; or (e) :,here the Secretary of the United Scales Depart- ment of Agriculture has determined. with respect to lands in national forests which do ndt have s;gnificant forest cover, that surface minin7 is in compliance witn the "'"ultl- ple-Use Sustained-yield Act of 19b0". as amerded, the "Fed- eral Coal teasing amendments act of 1975", as amended. [he "National Forest Management act. of 1976". as ar^ended. and the provisions of article 33 cf title 3a. G.R.S. 1973. -2-