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(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 study <br /> for unsuitability designation in an administrative proceeding commenced pursuant to <br /> Section 34-33-126 or Section 522 of said P.L. 95-87. <br /> (e) (1) 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 that <br /> are irrigated or naturally subirrigated, excluding undeveloped range lands <br /> which are not significant to farming on said alluvial valley floors and those <br /> lands upon which the Board has found that the farming which will be <br /> interrupted, discontinued, or precluded is of such small acreage as to be of <br /> 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 applicant <br /> 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 /> (If) 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 shall <br /> 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 /> (11) 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 />