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(e) (I) Unless the proposed operation was an operation which produced <br />coal in commercial quantities in the year preceding August 3, 1977 and at that <br />time was located within or adjacent to alluvial valley floors, the proposed <br />surface coal mining operations would: <br />(A) Not interrupt, discontinue, or preclude farming on <br />alluvial valley floors that are irrigated or naturally subirrigated, excluding <br />undeveloped range lands which are not significant to farming on said alluvial <br />valley floors and those lands upon which the Board has found that the farming <br />which will be interrupted, discontinued, or precluded is of such small acreage <br />as to be of negligible impact on said land's agricultural production; or <br />(B) Not materially damAge the quantity or quality of surface <br />water or ground water systems that supply the alluvial valley floors described <br />in sub-subparagraph (A) of this 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 severed from <br />the private surface estate, the applicant has 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 conveyance does not <br />expressly grant the right to extract coal by surface coal mining, other legal <br />documentation supporting applicant's right of entry in accordance with State <br />law. (Nothing in the permit shall be construed as an adjudication of any <br />property right.) <br />(g) Subject to valid rights existing as of August 3, 1477, and with the <br />further exception of those surface coal mining operations which were in <br />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 systems, the national <br />system of trails, the national wilderness preservation system, the wild and <br />scenic rivers system, including study rivers designated under said act, and <br />national recreation areas designated by act of the United States Congress; <br />(II) Does not include arty lands within the boundaries of any <br />national forest, except to the extent that the Secretary of the United States <br />Department of Agriculture has found that there are no significant <br />recreational, timber, economic, or other values which may be incompatible with <br />such surface mining operations, and: <br />(A) Surface operations and impacts are incident to an <br />underground coal mine; or <br />(B) Where the Secretary of the United States Department of <br />Agriculture has determined, with respect to lands in national forests which do <br />not have significant forest cover, that surface mining is in compliance with <br />