The requirements and provisions of this chapter dealing with designation of lands unsuitable for all or certain types of surface coal mining operations (sections 38-14.1-04 through 38-14.1-08) do not apply:

1.    To lands on which surface coal mining operations are being conducted on July 1, 1979, or under a permit issued pursuant to this chapter.

2.    To lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977.

3.    To lands where a permit application has been filed pursuant to the provisions of this chapter and the petition to have an area designated as unsuitable for surface coal mining operations has not been filed within thirty days of the last publication of the notice required by subsection 1 of section 38-14.1-18.