Sec. 1. This chapter does not apply to the following:
(1) Land on which surface coal mining operations were conducted:
(A) on August 3, 1977; or
(B) under a permit issued under:
(i) IC 13-4.1 (before its repeal); or
(ii) this article.
(2) Land where substantial legal and financial commitments in a surface coal mining operation were in existence before January 4, 1977.