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L ~ -• year preceding August 3, 1977 dnd at that time was located within Of adjac ant to dlluvidl volley floors, the pr CpCSed surface coal mining operations would: (a) Not interrupt, Discontinue, or preclude farming on alluvial valley floors that are irrigated or naturally subirrigated, excluding undeveluped range lands which are not significant to farming on said alluvial valley floors and those lands upon whim the Coard has found that the farm- ing which will be interruptetl, discontinued, cr precludeD is o` such small acreage as to oe of negligiCle ~moact on said land's agricultural proCuction; cr (i3) IJOt mdteridlly damage the Cuantity Or Cuality of surface water or groundwater systems that supply the alluvial valley floors described in suC-sub;;ara•;rdpn (a) of this subparagraph (i). f) To the extent that the applicant proposes tc extract coal by surface methcds, and where the ,orivate min- eral estate has been severed from the private surface estate, the applicant has subm;tted to the Division: (I) The written consent of the surface owner to the exLrdCtiOn Of COdI Dy SurfdCe COdI mining; Or {II) a conveyance that expressly grants or reserves the right to extract the coal by surface coal mining. or. if the conveyance does not expressly grant the right to eXLraCt COdI by SurfdCe COdI mining, Other legal OOCUmenLd- tion supporting applicant's right of entry in accordance with state law. (f+othing in the permit shall be con5trueD as an adjudication of any prcperty right.) g) Subject to valid 3, 1977, and with the further COdI mining Operations which 1977. the application: rights existing as of August exception Cf those SurfdCe were in existence on august 3. (I) Does not include any lands within the Coundaries of units of the national park system, the national wilal)fe refuge systems, the national system of trails. the national wilderness preservation systen„ the wild ana scenic rivers S yStem, inCluOing study rivers designated undEr Said act, and national recreation areas tlesignatetl by act of the united States Congress; (II) Does not include any federal lands within the boundaries of any national forest. except to the er.tent that the Secretary Of the UniteC States Depdrtm.ent Of Agri- Culture has fountl that there are no significant recreational. C(mDer, eCOnomiCr Or Other vd1Ue5 which may be inCCmpdtiDle with Such SurfdCe mining Operations, and: (C) Surface Operations dnd impacts are inCiDent LO an underground coal mine; or (C+) ~nere the Secretary of the united States Depart- ment Of Agriculture has determined, with resCect to lands in ndtiondl for e5ts which d0 not helve Significant fOr25t COVer, that SurfaCE mining i5 in Compliance with the "Multi- ple-Use SuStdined-y~eld act of 19b0", as amerded. the "PeO- eral Coal Leasing amendments .:ct cf 1975", as dmendeo. the "National i'Orest Mdndyement act Of L976", a5 amended, dnd the provisions of article 33 cf title 34. C.R.S. 1913. -2- ` _w`-