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(d) Granting the permit will not conflict with any designation decision <br />issued pursuant to Section 522 of the Federal "Surface Mining <br />Control and Reclamation Act of 1977", as amended, (P.L. 95-87>, nor <br />is the area proposed to be mined within an area under study for <br />unsuitability designation in an administrative proceeding commenced <br />pursuant to Section 34-33-126 or Section 522 of said P.L. 95-67. <br />(e) (I) Unless the proposed operation was an operation which produced <br />coal in commercial quantities in the year preceding August 3, <br />1977 and at that time was located within or adjacent to <br />alluvial valley floors, the proposed surface coal mining <br />operations would: <br />(A) Not interrupt, discontinue, or preclude farming on <br />alluvial valley floors that are irrigated or naturally <br />subirrigated, excluding undeveloped range lands which <br />are not significant to farming on said alluvial valley <br />floors and those lands upon which the Board has found <br />that the farming which will be interrupted, <br />discontinued, or precluded is of such small acreage as <br />to be of negligible impact on said land's agricultural <br />production; or <br />(B) Not materially damage the quantity or quality of surface <br />water or ground water systems that supply the alluvial <br />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 <br />surface methods, and where the private mineral estate has been <br />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 <br />coal by surface coal mining; or <br />(II> A conveyance that expressly grants or reserves the right to <br />extract the coal by surface coal mining, or, if the <br />conveyance does not expressly grant the right to extract coal <br />r by surface coal mining, other legal documentation supporting <br />applicant's right of entry in accordance with State law. <br />(Nothing in the permit shall be construed as an adjudication <br />of any property right.) <br />(g) Subject to valid rights existing as of August 3, 1977, and with the <br />further exception of those surface coal mining operations which <br />were in existence on August 3, 1977, the application: <br />(I) Does not include any lands within the boundaries of units of <br />the national park system, the national wildlife refuge <br />systems, the national system of trails, the national <br />wilderness preservation system, the wild and scenic rivers <br />system, including study rivers designated under said act, and <br />national recreation areas designated by act of the United <br />States Congress; <br />