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(d) Granting the permit will not conflict with any designation decision issued pursuant to <br />Section 522 of the Federal "Surface Mining Control and Reclamation Act of 1977," as <br />amended, (P.L. 95-87), nor is the area proposed to be mined within an area under study for <br />unsuitability designation in an administrative proceeding commenced pursuant to Section <br />34-33-126 or Section 522 of said P.L. 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 <br />or adjacent to alluvial valley floors, the proposed surface coal mining operations <br />would: <br />(A) Not interrupt, discontinue, or preclude farming on alluvial valley floors that <br />are irrigated or naturally subirrigated, excluding undeveloped range lands <br />which are not significant to farming on said alluvial valley floors and those <br />lands upon which the Board has found that the farming which will be <br />interrupted, discontinued, or precluded is of such small acreage as to be of <br />negligible impact on said land's agricultural 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 <br />(A) of this subparagraph (I). <br />(f) To the extent that the applicant proposes to extract coal by surface methods, and where the <br />private mineral estate has been severed from the private surface estate, the applicant has <br />submitted to the Division: <br />(I) The written consent of the surface owner to the extraction of coal by surface coal <br />mining; or <br />(II) A conveyance that expressly grants or reserves the right to extract the coal by surface <br />coal mining, or, if the conveyance does not expressly grant the right to extract coal <br />by surface coal mining, other legal documentation supporting applicant's right of <br />entry in accordance with State law. (Nothing in the permit shall be construed as an <br />adjudication of any property right.) <br />(g) Subject to valid rights existing as of August 3, 1977, and with the further exception of those <br />surface 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, <br />the national wildlife refuge systems, the national system of trails, the national <br />wilderness preservation system, the wild and scenic rivers system, including study <br />rivers designated under said act, and national recreation areas designated by act of <br />the United States Congress; <br />(II) Does not include any federal lands within the boundaries of any national forest, <br />except to the extent that the Secretary of the United States Department of Agriculture <br />