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year preceding August 3, 1977 and at that time was located <br />•witn;n or adjacent to alluvial valley floors, the proposed <br />surface coal mining operations would: <br />(A) Not interrupt. discontinue, or preclude farming <br />on alluvial valley floors that are irrigated or naturally <br />subirrigated• excluding undeveluped range lands which are <br />not significant to farming on said alluvial valley floors <br />and tnose lands upon which the board has found that the farm- <br />ing wnich will be interrupted. discontinued. or precluded <br />is of such small acreage as to oe of negligible impact on <br />said land's agricultural production; or <br />(B) Not materially Barrage the quantity or quality <br />of surface water or groundwater systems that supply the <br />alluvial valley floors described in sub-subparagrapn (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 surface owner to the <br />ex*_raction 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 />extrdCt COdI by sulfate Coal mining, Other legal d000mentd- <br />t;on supporting applicant's right of entry in accordance <br />with State law. (Nothing in the permit shall be construetl <br />as an adjudication of any property right.) <br />y) Subject to valid rights exist;ng as of August <br />3. 1977, and with the further exception of those surface <br />coal mining operations which were in existence on August 3• <br />1977• the application: <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 />w;lderness preservation system, the wild and scenic rivers <br />system. including study rivers designated under said act, <br />and national recreation areas designated by 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 Unitetl States Department of Agri- <br />culture has found that there are no significant recreational. <br />timoer• economic. or other values which may be incompatible <br />with such suffdCe mining OperdtiOns, 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 do not have significant forest <br />cover. that surface mining is in compliance witn the "Multi- <br />ple-Use Sustained-yield Act of 1960"• as amerded• the "Feo- <br />efdl COdI LedSing Amendments ACt Of 1975°, d5 dmendeo• the <br />"National Forest Management act of 1976". as amended. and <br />the provisions of article 33 cf title 34, C.R.S. 1973. <br />-2- <br />~~ L ~ ~ <br />