GENERAL48940 - Laserfiche WebLink

Home Browse Search

year preceding August 3, 1977 and at that time was located ~witnin or adjacent to alluvial valley floors, the proposed surface coal mining operations would: (a) Not interrupt, disccntinue, or preclutle farming 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 board nos found that the farm- ing wnich will b2 interrupted, Discontinued, er precluded is of such small acreage as to oe o.f negligible impact on said land's agricultural production; or (B) Not materially damage the quantity or quality of surface water or groundwater systems that supply the alluvial valley floors described in sub-subparagrapn (a) of this subparagraph (1). f) To the extent that the applicant proposes to extract coal by surface methedsr and where the private min- eral estate has been severed from the private surface estate. the applicant has submitted to the division: (I) The written consent of the surface owner to the extraction of coal by surface coal mining; or (II) a conveyance that expressly grants or reserves the right t0 exCrdCt the COdI by SJrface COdI mining, Orr if the conveyance does not expressly grant the right to extract coal by surface coal mining, other legal documenta- tion supporting applicant's right of entry in accordance with state law. (Nothing in the permit shall be construed as an adjudication of any property right.) g) Subject to valid 3, 1977, and with the further coal mining operations which 1977, the application: rights existing as of August exception of those surface were in existence on August 3, (I) Does not include any lands within the boundaries of units of the national park system, the national wildlife refuge systems. the national system of trails, the national wilderness preservation system. the wild ono scenic rivers system. including study rivers designated under said act, and national recreation areas designated oy act of the United States Congress; (II) Does not include any federal lands within the boundaries of any national forest, except to the extent that the Secretary of the UniteC States Department of agri- CultJre has found that there are no significant recreational, timber, economic, or other values which may be inccmpatible with Such SJrface mining operations, and: (A) Surface operations and impacts are incident to an underground coal mine; or (B) where the Secretary of Lhe United States Cepart- ment of Agriculture has determined. with respect to lands in national forests which do not have significant forest cover, that surface mining is in compliance with the "Multi- ple-Use Sustained-yield Act Of 19b0"r d5 amendetl• the "Fed- eral Coal Leasing Amendments Act of 1975", as amended, the "National Forest Management act of 1976", as amended, and the provisions of article 3i cf title 34r C.R.S. 1973. -2-