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year preceding August 3, L977 and at that tine was located within or aujacent to alluvial valley floors, the proposed surface coal raining operations would: (A) hot interrup±, d;secntinue. or preclude farmin:; on alluvial valley floors that are irrigated or naturally subirrigated, excluding undeveloped range lands which are not significant to farming on said alluvial valley floors and tnose lands upon which the Coard has found that the farm- ing wnich will D2 interrupted. Discontinued, cr precluded is of such small acreage as to oe of negligible impact on sold land's agricultural production; or (3) Not materially damage the cuantity or puality of surface water or grounawater systems that supply the alluvial valley floors described in su~-sub;,aragrapn (a) of this subparagraph (I). f) To the extent tnat the applicant proposal to extract coal Dy surface Tethcds. and where the private min- eral estate has been severed from the private sJrface estate. the applicant has submitted to the division: (I) the written consent of the SJrfdCe owner to the extr action OF COdI Dy sur(dCe COdI mining; Or (II) a conveyance that expressly grants or reserves the right to extrac[ the teal Cy sJrface coal miring. or, rf ene conveyance does not expressly grant the right to extract coal by surface coal mining, other legal documenta- trOn SUppOrting dppliCant'S fi ~ht Of ently in accordance with stag law. (Nothing in the permit shall be construed as an adjuCication of any proper t•y right.) g) SubJect to valid rights exis`_ing as of August 3. 177, and with the further exception of those sJrface coat mining Operations which were in existence on August 3. !'977r the application: (!) Does not include any lands within the Coundaries of units of the national park system, the national wildlife refuge systems. the national system of trails. the national wilderness preservat;on system, the Mild ono scenic rivers system. including study rivers designated under said act, and national recreation areas designated Cy act of the United States Congress; (II) Does not include any federal lands within the boundaries of any national fcrest.,except to the extent tnat the secretary of the United States Department of agri- cultJre has found that there are no significant recreational. timoer. Economic. or O[her values which may be inC Cmpdtible with such sJrface mining operations. and: (ay sJrface operat;ons ono impacts are incident to an underground coal mine; or (d) where the Secretary of the United States Cepart- m~nt of AgriCUltUre has deternined. with respect to lands in national forests which do not have Significant for25t CUVer. that surface mining i5 in compliance with the "Multi- ple-use Sustained-Yield act of 1900". as amended, the "Fed- oral Coal Leasing amendments .:ct of 1975". as amended.. the "National Forest ManaCJement Act Of 1976". ds amerdedr and the provisions of article 33 cf title 34, C.R.S. 1973. t a -2-