1997-02-28_GENERAL DOCUMENTS - C1984065

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-2- (d) Granting the permit will not conflict with any designation decision issued pursuant to Section 522 of the Federal "Surface Mining Control and Reclamation Act of 1977," as amended, (P.L. 95-87),nor is the area proposed to be mined within an area under study for unsuitability designation in an administrative proceeding commenced pursuant to Section 34-33-126 or Section 522 of said P.L. 95-87. (e) (I) Unless the proposed operation was an operation which produced coal in commercial quantities in the year preceding August 3, 1977 and at that time was located within or adjacent to alluvial valley floors, the proposed surface coal mining operations would: (A) Not interrupt, discontinue, or preclude farming on alluvial valley floors that are irrigated or naturally subirrigated, excluding undeveloped range lands which are not significant to farming on said alluvial valley floors and those lands upon which the Board has found that the farming which will be interrupted, discontinued, or precluded is of such small acreage as to be of negligible impact on said land's agricultural production; or (B) Not materially damage the quantity or quality of surface water or ground water systems that supply the alluvial valley floors described in sub-subparagraph (A) of this subparagraph (I). (f) To the extent that the applicant proposes to extract coal by surface methods, and where the private mineral estate has been severed from the private surface estate, the applicant has submitted to the Division: (I) The written consent of the surface owner to the extraction of coal by surface coal mining; or (II) A conveyance that expressly grants or reserves the right to extract the coal by surface coal mining, or, if the conveyance does not expressly grant the right to extract coal by surface coal mining,other legal documentation supporting applicant's right of entry in accordance with State law. (Nothing in the permit shall be construed as an adjudication of any property right.) (g) Subject to valid rights existing as of August 3, 1977, and with the further exception of those surface coal mining operations which were in existence on August 3, 1977, the application: (I) Does not include any lands within the boundaries of units of the national park system, the national wildlife refuge systems, the national system of trails, the national wilderness preservation system,the wild and scenic rivers system, including study rivers designated under said act, and national recreation areas designated by act of the United States Congress;