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year preceding August 3, 1977 and at that time was located <br />within or adjacent to alluvial valley floors, the proposed <br />surfaces coal mining operations would: <br />(a) no*_ 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 b2 interrupted, uiscontinued, or precluded <br />is of such small acreages as to oe of negligible impact cn <br />said land's agricultural production; or <br />i•3) r•tot materially damage the cuantity or quality <br />of surface water or ,,roundwater systems that supply the <br />alluvial valley flcors described in sub-sub;:ara;rapn (a) of <br />this subparagraph (I). <br />f) To the extent that the applicant proposes tc <br />extr dCt COdI by S~rfdCe Te[hCdS, anU 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 Dwn9r to the <br />ex*_raction of coal by surface coal mining; or <br />(II) A cunveyance that expressly grants ar reserves <br />the right to extract cha teal cy surface coal minin:~, or, <br />if the conveyance does nvt expressly grant the right to <br />extract CUdI by surface COaI mining. Other legal dOCUmentd- <br />tion supporting ap;licant's right of entry in accordance <br />with states law. ('lathing in the permit shall be ConStrue0 <br />as an adjudication of any prcper t•y right.) <br />g) Subject t0 valid <br />3, 1977r and with the further <br />coal mining operations which <br />1977, the application: <br />rights existing as of August <br />exception of these surface <br />were in existence on august 3. <br />(I) Coes not include any lands with;n the boundaries <br />of units of the national park system, the national wildlife <br />refuge systems, the national system of trails. tt,e 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 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 Cepariment of Agri- <br />culture has found that there are no significant recreational. <br />timoer, economic, or other values which may be inccmpat;bla <br />with such surface mining Operations, and: <br />(A) Surface operations and impacts are incident to <br />an underground coal mini; or <br />(;,') whP.fe ine Secretary of he United States Cepart- <br />ment of Agriculture has deterninetl. with respect to lands <br />in national forests tihiCh do not ha a Signif Kant fpr25t <br />cover, that surface miciny is in co Fliance wi:n the ""ulti- <br />ple-Use Sustained-yield Act of 1900 . as amerdeu. the "Feo- <br />~ral Coal Leasing amendments Act of 1975". as amendeD. the <br />^tational Forest Manacemenc act of 976". as amerded. and <br />the provisions of article 33 cf tit e 34. C.Q.S. 1973. <br />-2- <br />