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(d) Granting the permit will not conflict with any designation decision issued pursuant to Section 522 <br /> of the Federal "Surface Mining Control and Reclamation Act of 1977," as amended, (P.L. 95-87), <br /> nor is the area proposed to be mined within an area under study for unsuitability designation in an <br /> administrative proceeding commenced pursuant to Section 34-33-126 or Section 522 of said P.L. <br /> 95-87. <br /> (e) (I) Unless the proposed operation was an operation which produced coal in commercial <br /> quantities in the year preceding August 3, 1977 and at that time was located within or <br /> adjacent to alluvial valley floors,the proposed surface coal mining operations would: <br /> (A) Not interrupt, discontinue, or preclude farming on alluvial valley floors that are <br /> irrigated or naturally subirrigated, excluding undeveloped range lands which are not <br /> significant to farming on said alluvial valley floors and those lands upon which the <br /> Board has found that the farming which will be interrupted, discontinued, or precluded <br /> is of such small acreage as to be of negligible impact on said land's agricultural <br /> production; or <br /> (B) Not materially damage the quantity or quality of surface water or ground water <br /> systems that supply the alluvial valley floors described in sub-subparagraph(A) of this <br /> subparagraph(I). <br /> (f) To the extent that the applicant proposes to extract coal by surface methods, and where the private <br /> mineral estate has been severed from the private surface estate, the applicant has submitted to the <br /> Division: <br /> (I) The written consent of the surface owner to the extraction of coal by surface coal mining; or <br /> (II) A conveyance that expressly grants or reserves the right to extract the coal by surface coal <br /> mining, or,if the conveyance does not expressly grant the right to extract coal by surface coal <br /> mining, other legal documentation supporting applicant's right of entry in accordance with <br /> State law. (Nothing in the permit shall be construed as an adjudication of any property right.) <br /> (g) Subject to valid rights existing as of August 3, 1977, and with the further exception of those surface <br /> coal mining operations which were in existence on August 3, 1977,the application: <br /> (I) Does not include any lands within the boundaries of units of the national park system, the <br /> national wildlife refuge systems, the national system of trails, the national wilderness <br /> preservation system, the wild and scenic rivers system, including study rivers designated <br /> under said act, and national recreation areas designated by act of the United States Congress; <br /> (II) Does not include any federal lands within the boundaries of any national forest, except to the <br /> extent that the Secretary of the United States Department of Agriculture has found that there <br /> are no significant recreational, timber, economic, or other values which may be incompatible <br /> with such surface mining operations, and: <br /> (A) Surface operations and impacts are incident to an underground coal mine; or <br />