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~i r~ year preceding August 3, 1977 and at that time was located within or adjacent to alluvial valley floors, the proposed surface coal mining operations would: (a) Not interrupt, discontinue, or preclude farming on alluvial valley floors that are irrigated or naturally subirrigatetl, excluding undeveluDed range lands which are not significant to farming on said alluvial valley floors and tnose lands upon which the board has found that the farm- ing wnich will be interrupted, uiscontinued, cr precluded is of such small acreage as to oe of negligible impact on said land's agricultural production; or (B) Not materially damage the Quantity or Gual;ty of surface water or groundwater systems that supply the alluvial valley floors described in sub-sub;;ara•;rapn (a) of tnis subparagraph (I). f) io the extent that the applicant proposes to extract coal by surface methcds, and where the private min- eral estate has been severed from the private surface estate, the applicant hd5 submitted to the division: (I) the wfitten Consent Of the s'JrfdCe Owner t0 the extraction of coal by surface coal mining; or (II) a conveyance that expressly grants or reserves the right to extract the coal by sJrface coal mining, or, if the conveyance does not expressly grant the right to extract coal by surface coal mining, other legal documenta- tion supporting 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 rights existing as of August 3, 1977, and with the further exception of those surface coal mining OperdtiOnS which were in exlsCenCe On August 3, 1977, the application: (!) Does not include any lands within the boundaries of units of the national park system, .the national wildlife refuge systems, the national system of trails, the national wilderness preservation systemr the wild ono scenic rivers system, 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 rarest, except to the extent that the Secretary of the UniteC States Department of Agri-. culture has fountl that [here are no significant recreat;enal, limper, economic, or other values which may be inccmpatibl~ with SUCK SJrFdCe mining operations. and: (A) Surface operations ono impacts are incident to an underground coal mine; or (B) ;,here the Secretary of the United States Depart- ment of agriculture has tletermined. with respect to Janos in national forests which do not nave significant forest cover, that Surface minin-y is in compliance with the "Multi- ple-Use Sustained-Y;eld Act of 19b0". as ameroed. the "Feo- ?ral Coal Leasing amendments Ac[ of 1975", as amended, the "National Forest Management act of 1976". as amended. and the provisions of article 33 cf title 34. C.R.S. 1973. -2-