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-L- <br />e)(I) Unless the proposed operation was an operation which produced coal <br />in co~rumercial quantities in the year preceding August 3, 1y77 and at that time <br />was located within or adjacent to alluvial valley floors, the proposed surface <br />coal mining operations would: <br />(A) Not interrupt, discontinue, or preclude farming on alluvial <br />valley floors that are irrigated or naturally subirrigated, excluding <br />undeveloped range lands which are not significant to fanning on said alluvial <br />valley floors and those lands upon v+hich the Board has found that the fanning <br />~,vhich will be interrupted, discontinued, or precluded is of such small acreage <br />as to be of negligible impact on said land's ayricultural production; or <br />(8) not materially damage the quantity or quality of surface water <br />or ground v+ater systems that supply the alluvial valley floors described in <br />sub-subparayraph (A) of this subparagraph (I). <br />f) To tine extent that the applicant proposes to extract coal by surface <br />methods, and where the private mineral estate has been severed from the <br />private surface estate, the applicant has submitted co the Division: <br />(I) The written consent of the surface owner to the extraction of <br />coal uy surface coal mining; or <br />(II) A conveyance that expressly grants or reserves the right to <br />extract the coal by surface coal mining, or, if the conveyance does not <br />expressly grant the right to extract coal by surface coal mining, other leyal <br />docwnentation supporting applicant's riynt of entry in accordance with State <br />law. iNothiny in the permit shall be construed as an adjudication of any <br />property right.) <br />y) Subject co valid rights existing as of v,ugust 3, 1977, and with the <br />further exception of those surface coal mining operations which were in <br />existence on Auyust 3, 1977, the application: <br />(I) Does not include any lands within the boundaries of units of <br />the national park system, the national ~.vildlife refuge systems, the national <br />system of trains, the national ~:+ilderness preservation system, the .vild and <br />scenic rivers system, including study rivers designated under said act, and <br />national recreation areas desiynatetl oy act of the United States Congress; <br />(II) Uoes not include any federal lands within the boundaries of <br />any national forest, excep[ to the extent that the Secretary of the United <br />States Department df Hyriculture has found that there are no siynificant <br />recreational, timber, economic, or other values which may be incompatiole ~nith <br />such surface mining operations, and: <br />(A) Surface dperations and impacts ar= incident to an <br />underyround coal mine; or <br />(d) :li~ere the Secretary of the United States Department of <br />Ayridulture has determined, witil respect to lands in national forests which do <br />not have significant forest cover, that surface ~~iininy is in canpliance with <br />