Laserfiche WebLink
year preced;ny August 3, 1977 and at that time was located <br />~witnin or adjacent to alluvial valley floors. the proposed <br />surface coal mining operations would: <br />(A) Not interrupt, discontinue, or preclutle farming <br />on alluvial valley floors that are irr;yated or naturally <br />suoirrigated, excluding undeveloped range lands which are <br />not significant to farming on sa;d alluvial valley floors <br />and tnose lands upon which the board has found that the farm- <br />ing which will b2 interrupted, discontinued. er precluded <br />is of such small acreage as to oe of negligible impact on <br />said land's ayr;cultural 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-subparagraph (a) of <br />this subparagraph (I). <br />f) To the extent that the applicant proposes to <br />extract coal by surface methcdsr 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 sUrfdCe Owner t0 the <br />extraction 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 appl;cant's right of entry in accordance <br />with state law. (Nothing in the permit shall be construed <br />as an adjudication of any property right.) <br />g) Sub3ect to valid <br />3, 1977, and with the further <br />coal mining operations which <br />1977. the application: <br />rights existing a5 of August <br />exception of those surface <br />were in existence on 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 />wilderness preservat;on system, the wild ono scenic rivers <br />system, including study rivers designated under said act, <br />and national recreation areas designated oy 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 Ayri- <br />culture has found that there are no significant recreational. <br />timoer, economic, or other values which may be incemFatible <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 />in national forests which d0 not have signiflGdnt forest <br />cover, that surface mining ;s in compliance w;th the "Multi- <br />ple-Use Sustained-Yield Act of 19b0". as amended. the "Fed- <br />~ral Coal leasing Amendments pct of 1975". as amended. the <br />"National Forest Management act of L976". as amended. and <br />the provisions of article 33 of title 34. C.R.S. 1973. <br />-2- <br />