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<br />year preceding August 3, 1977 and at that time was locatetl <br />~witnin or adjacent to alluvial valley floorsr the proposed <br />surface coal mining operations would: <br />(al Not interrupt, discontinue, or preclude farming <br />on alluvial valley floors that are irrigated or naturally <br />subirrigated, excluding undeveluped range lands which are <br />not significant to farming on said alluvial valley floors <br />and tnose lands upon which the board has found that the farm- <br />ing wnich will be interrupted, discontinued, cr precluded <br />is of such small acreage as to oe of negligible impact on <br />said land's ayricultural production; or <br />(B) Not materially damage the quantity or quality <br />of surface water or groundwater systems that supply the <br />alluvial valley floors described in sub-subparagrapn (a) of <br />this subparagraph (I). <br />f) To the extent that the applicant proposes to <br />extract coal py surface methcds. and where the private min- <br />eral estate has been severed From the private surface estate, <br />the applicant has submitted to the division: <br />(I) The written consent of the surface owner to the <br />ex*_raction of coal by surface Coal mining; or <br />(II) a conveyance that expressly grants or reserves <br />the right to extract the coal by surface coal mining. or, <br />if the conveyance does not expressly grant the right to <br />extract coal by surface coal mining, other legal documenta- <br />tion supporting applicant's right of entry in accordance <br />with state law. •(Piothing ;n the permit shall be construed <br />as an adjudication of any property right.) <br />y) Subject to valid <br />3, 1977, and with the further <br />coal mining operations which <br />1977, the application: <br />rights existing as of August <br />exception of those surface <br />were in existence an August 3, <br />(I) Does not include any lands within the boundaries <br />of units of the national park system, the national wildlife <br />refuge systems, the national system of trails, the national <br />wildefne55 preservation systemr the wild ono Scenic rivers <br />system. including study rivers designated under said act. <br />and national recreation areas designated by act of the United <br />States Congress; <br />(II) Does not include any federal lands within the <br />boundaries of any national forest, except to the extent <br />that the Secretary of the United States Department of Agri- <br />culture has found that there are no significant recreational. <br />timber, eCOnOmiC. Or Other vdlUes which may be InCCmpdtible <br />with such surface mining operations. and: <br />(A) Surface operations and impacts are incident to <br />an underground coal mine; or <br />(B) where the Secretary of the United States Depart- <br />ment of Agriculture has determined. with respect to lands <br />;n national forests which do not have significant forest <br />cover, that surface mining is in comFliance with the "Multi- <br />ple-Use Sustained-yield ACt of 1960". ds amended. the "Fed- <br />eral Coal Leasing Amendments pct of L975". as amended. the <br />"National sorest Management act of 1976". as amended. and <br />the provisions of article 33 of title 34, C.R.S. 1973. <br />-2- <br />