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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 /> surface coal mining Operations would : <br /> ( A ) Not interrupt , discontinue , or preclude farmin7 <br /> on alluvial valley floors that are irrigated or naturally <br /> subirrigated, excluding undeveloped 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 which will be interrupted, discontinued , cr precluded <br /> is of such small - acreage as to oe of negligible imoact on <br /> said land' s agricultural production ; or <br /> (B) Not materially damage 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 methods , and where the private min- <br /> eral estate has been severed from the private surface estate, <br /> the applicant has . submit.ted to ti-,e division : <br /> ( I ) The written consent of the surface owner to the <br /> extraction 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 miring , or , <br /> if the conveyance does not expressly grant the right to <br /> extract coal by surface coal mining► other legal documenta- <br /> tion supporting applicant ' s right of entry in accordance <br /> with state law. (Nothing in the permit shall be construed <br /> as an adjudication of any property right. ) <br /> g) Subject to valid rights existing 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 /> 19779 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 /> wilderness 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 United States Department of Agri - <br /> cult-ire - has found that there are no significant recreational ', <br /> timoer , economic, or other values which may be incompatible <br /> with such sarface mining operations . and : <br /> ( A) Surface Operations and impacts are incident to <br /> an underground coal mine; or <br /> ( 8 ) Wnere the Secretary of the United States Cepart- <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 with the "Multi - <br /> ple-Use Sustained-Yield Act of 190011 , as amerced , the "Fed- <br /> eral Coal Leasing Amendments Act of 1975" ► as amended • the <br /> "National Forest Management Act of 19761",p as amended , .and <br /> the provisions of article 33 Of title 347 C .R .S . 1973 . <br /> -2- <br />