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"The requirements of subparagraph (I) of this para- -~~ <br />graph (e) shall not affect those surface coal mining <br />operations which, in the year preceding August 3, 1977, <br />either produced coal in commercial quantities and were <br />located within or adjacent to alluvial valley floors or <br />had obtained permit approval to conduct surface coal <br />mining operations within said alluvial valley floors." <br />Empire also relies upon this provision. <br />It is the "surface coal mining operation" that has been identi- <br />fied by law and regulation as the entity that is entitled to the <br />grandfather exemption. Section 510 (b)(5) of FSMCRA refers to <br />"surface coal mining operations." The term "surface coal mining <br />operations" has been defined in 30 CFR 700.5 as: <br />"(a) Activities conducted on the surface of lands in <br />connection with a surface coal mine or, subject to the <br />requirements of Section 516 of the Act, surface operations <br />and surface impacts incident to an underground mine, . <br />ana; <br />(b) Areas upon which the <br />lad aoove occur or wnere cnose acLlvicies ciszuro me <br />natural land surface. These areas shall also include an <br />adjacent land the use of which is incidenta to any suc <br />activity ies, ." (Emphasis added.) ,.~ <br />This definition in conjunction with the description of the Eagle <br />Mine Complex in Section VI above clearly demonstrates that <br />all of the existing and planned underground mining <br />activities at the Eagle Mine Complex are included within the <br />meaning of the term surface coal mining operations as used <br />in FSMCRA and are thus eligible for the grandfather <br />exemption. <br />in addition to imposing requirements for mining in alluvial <br />valley floors and creating exemptions, Section 510(b)(5) <br />creates a right of coal lands exchange for those lands for <br />which no permit was obtained or from which .no coal was <br />produced in commercial quantities if an operator made <br />substantial financial and legal commitments in connection <br />with a coal mining operation. Congress, in Section <br />510 (b)(5) stated: <br />"With respect to such surface mining operations which <br />would have been within the purview of the foregoing <br />proviso but for the fact that no coal was so produced <br />in commercial quantities and no such specific permit <br />approval was so received, the Secretary, if he • <br />