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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 />(Il) 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 />