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<br /> <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 <br />commercial quantities in the year preceding August 3, 1977 and at that time was located <br />within 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 which aze not <br />significant to farming on said alluvial valley floors and those lands upon which the Board has <br />found that the farming which will be interrupted, discontinued, or precluded is of such small <br />acreage as to be of negligible impact on said land's agricultural production; or <br />(B) Not materially damage the quantity or quality of surface water or ground <br />water 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 <br />where the private mineral estate has been severed from the private surface estate, the applicant <br />has submitted to the Division: <br />(I) The written consent of the surface owner to the extraction of coal by surface <br />coal mining; or <br />(II) A conveyance that expressly grants or reserves the right to extract the coal <br />by surface 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 entry in <br />accordance with State law. (Nothing in the permit shall be construed as an adjudication of <br />any property right.) <br />g) Subject to valid rights existing as of August 3, 1977, and with the further exception <br />of [hose surface coal mining operations which were in existence on August 3, 1977, the <br />application: <br />(I) Does not include any lands within the boundaries of units of the national park <br />system, the national wildlife refuge systems, the national system of trains, the national <br />wilderness preservation system, the wild and scenic rivers system, including study rivers <br />designated under said act, and national recreation areas designated by act of the United States <br />Congress; <br />(II) Does not include any federal lands within the boundaries of any national <br />forest, except to [he extent that the Secretary of the United States Department of Agriculture <br />has found that there are no significant recreational, timber, economic, or other values which <br />may be incompatible with such surface mining operations, and: <br />(A) Surface operations and impacts are incident to an underground coal <br />mme; or <br />2 <br />