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-2- <br />e)(I) Unless the proposed operation was an operation which produced coal <br />in commercial quantities in Che year preceding August 3, 1977 and at that time <br />was located within or ad,7acent to alluvial valley flours, the proposed surface <br />coal mining operations would: <br />(A) IVOt interrupt, discontinue, or preclude farming on alluvial <br />valley floors that are irrigated or naturally subirriyated, excluding <br />undeveloped range lands which are not significant to fanning on Baia alluvial <br />valley floors and those lands upon which the Board has found that the farming <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 />(B) not materially damage the quantity or quality of surface water <br />or ground water systems that supply the alluvial valley floors described in <br />sub-subparayrapn (A) of this subparagraph (I). <br />f) 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 uy surface coal mining; or <br />(II) A conveyance that expressly grants or reserves the right to <br />extract the coal by surface coal mining, or, if the conveyance does not <br />expressly grant the right to extract coal by surface coal mining, other loyal <br />aocu~nentation supporting applicant's riynt of entry in accordance with State <br />law. (Nothing in the permit shall be construed as an adjudication of any <br />property right.) <br />y) Subject co valid rights existing as of Huyust 3, 1977, and with the <br />further exception of those Burr"ace coal mining operations which were in <br />existence on August 3, 1977, the application: <br />(I) Does not include any lands within tVie boundaries of units of <br />the national park system, the national wilalife refuge systems, the national <br />system of trains, the national wilderness preservation system, the wild ana <br />scenic rivers system, including study rivers designated under said act, and <br />natior~al recreation areas desiynated oy act of the United States Congress; <br />(IIj Does not include any federal lands within the boundaries of <br />any national forest, except to the extent that the Secretary of the United <br />States Department of Ngriculture has found that there are no siynificant <br />recreational, timber, economic, or other values which may b2 incompatible with <br />such surface mining operations, and: <br />(.~) Surface operations and impacts are incident to an <br />underground coal mine; or <br />(d) elhere the Secretary of the United States Department of <br />Ayriculture has determined, with respect to lands in national forests which do <br />nJL have siynificant forest cover, that surface mininy is in compliance with <br />