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r~ <br />34-33-114 Mineral Resources L i''- <br />(b) The applicant hats demonstrate) Iha; reclam;,lion as required by th~s <br />article can be accomplished under the reclamation plan contained in the <br />permit application: <br />(c) The assessment of the probable cumulative impact of all aniicipa!eJ <br />mining in the area on the hyJrologic b::lance specified in section 3)•33-III <br />Q) (q has been made by the division anJ the proposed operation thereof ha= <br />been designed to prevent material Damage to hydrblog~c balance outside !hr <br />permit area: <br />(d) Granting the permit will not conflict with ;my designation decision <br />- issued pursuant to section 34-33-I?6 or pursuant to section 5'_2 of the federal <br />- "Surface Mining Control and Reclamation Act of 1977", as amended, (F.!. <br />95-R7), nor is the area proposed to be mined within ;m area under study (m <br />unsuitability designation in an administrative proceeding commenced pur- <br />suant to section 34-33-126 or section 5?? of sail P.L. 9i-~7. <br />(e) (1) 7ha propose) surface coal mining opcritions wool): <br />(A) Not interrupt, discontinue. or prccluJe farming on alluvial va~ley <br />floors that arc irrigated or naturally suhirrigared. c.xcluJing undevclop:d <br />range lands which are not significant to farming on sail alluvial valley floor, <br />and those lands upon which the board finJs that the farming which ~.vill 'h^ <br />interrupted. discontinued, or precluded is of such small acreage as to be i~f <br />ncgfigiblc impact on said land's agricultural proJuctiont ur <br />(f3) Nbl materially damage the yuan!ity ur quality of wrfacc water o' <br />groundwater systems that supply the alluvial valley floors Described in su!, <br />subparagraph (A) of this subparagraph (I1. <br />(II) The requirements of subparagraph (1) of this par:~graph (e) shall nr~ <br />affect those surface coal mining operations which, in the }'car preceJirg <br />August 3, 1977, either produced coal in commercial ynantitics and were lucai <br />cd within or adjacent to alluvial valley floors or had ubtaineJ permit appro~ nl <br />to conduct surface coal mining operati ns within said alluvial valley floors: <br />(f) In cases where the applicant aoposcs to extract coal by surfac'• <br />methods anJ where the private mineral state has hero severed from the I'~~. <br />vote surface estate, the applicant has sub 'ucJ to the Division <br />(U The written consent of the surface oHner to the extraction of cc,il <br />by surface coal mining: ar <br />(II) A conveyance that expressly grants or reserves the right to extrau <br />the coal by surface coal mining, but, if the cunccyancc does not e.xpressl} <br />grant the right to exlracl coal by surface coal mininc. the surface-subsurfa! c <br />Icgal relationship shall be determined in accordance w•'nh state law; e.xcep'. <br />that nothing in this article shall be construed to authorize the hoard to adju~.{i <br />cote property rights disputes. <br />(g) ~ti~rrl to v~!iri riPubc nvi~(in nC elf :~ti mrnl 1 ,)977. and WILft_ Ifl ~It <br />they exa•~r "~~ n( ihnir ciirfn ra r~Lm:..:n~ytir,tinnc which WrfC n O,~GI <br />~nr nn AuB~irr 7 ir177 ~h.- r.l;r •~ifn., <br />(1) Ducs not incluJc anp IanJs within !hc huur.Jarics ref units of ~h; <br />national park system, the national wilJlifc refii~c sy•.!cros, the national s., <br />icm of trails, the national wilJcrness preserv;i~ion syslcm. the will anJ seeni: <br />rivers system, ineluJing shiJy rivers Jesipnatcd under sail :rct, and nal~a' it <br />reereahon :ueas designated by act of the UnitcJ State, congress: <br />(11) Does not include any fcdenil lands within tt~c hounJarics of an; <br />natiun:il forest; except that surface coat mining uher: dons miry he permit r.~ <br /> <br />n <br /> <br />