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r <br />-2- <br />(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 <br />study for unsuitability designation in an administrative proceeding commenced pursuant <br />to Section 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 <br />located within or adjacent to alluvial valley floors, the proposed surface coal <br />mining operations would: <br />(A) Not interrupt, discontinue, or preclude farming on alluvial valley floors <br />that are irrigated or naturally subirrigated, excluding undeveloped range <br />lands which are not significant to farming on said alluvial valley floors and <br />those lands upon which the Board has found that the farming which will <br />be interrupted, discontinued, or precluded is of such small acreage as to <br />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 <br />sub-subparagraph (A) of this subparagraph (I). <br />(f) To the extent that the applicant proposes to extract coal by surface methods, and where <br />the private mineral estate has been severed from the private surface estate, the <br />applicant has 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 <br />surface coal mining, or, if the conveyance does not expressly grant the right to <br />extract coal by surface coal mining, other legal documentation supporting <br />applicant's right of entry in accordance with State law. (Nothing in the permit <br />shall be construed as an adjudication of any property right.) <br />(g) Subject to valid rights existing as of August 3, 1977, and with the further exception of <br />those 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 trails, the <br />national wilderness preservation system, the wild and scenic rivers system, <br />including study rivers designated under said act, and national recreation areas <br />designated by act of 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 <br />