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(B) Where the Secretary of the United States Department of Agriculture has determined, <br />with respect to lands in national forests which do not have significant forest cover, that <br />surface mining is in compliance with the "Multiple -Use Sustained -Yield Act of 1960," <br />as amended, the "Federal Coal Leasing Amendments Act of 1975," as amended, the <br />"National Forest Management Act of 1976," as amended, and the provisions of Article <br />33 of Title 34, C.R.S. <br />(III) Will not adversely affect any publicly owned park or place included in the National Register <br />of Historic Sites unless approved jointly by the Division and Federal, State, or local agency <br />with jurisdiction over the park or the historic site; <br />(IV) Does not include lands within one hundred feet of the outside right-of-way line of any public <br />road, except where mine access roads or haulage roads join such right-of-way line, except to <br />the extent that the Division has permitted such roads to be relocated or the area affected to lie <br />within one hundred feet of such road after public notice and opportunity for public hearing in <br />the locality and a written finding has been made by the Division that the interest of the public <br />and the landowners affected thereby will be protected; and <br />(V) Does not include lands within three hundred feet of any occupied dwelling, unless with the <br />consent of the owner thereof, nor within three hundred feet of any public building or school, <br />church, community, or institutional building or any public park, nor within one hundred feet <br />of a cemetery. <br />(h) To the extent, if any, that the surface area proposed to be affected by the operation contains prime <br />farmland and is not exempt from the special requirement of such article regarding reclamation of <br />prime farmlands, the Division has, after consultation with the Secretary of the United States <br />Department of Agriculture, and pursuant to regulations issued by the Secretary of the United States <br />Department of the Interior with the concurrence of the Secretary of the United States Department of <br />Agriculture, determined that the operator has the technological capability to restore such mined <br />area, within a reasonable time, to equivalent or higher levels of yield as non -mined prime farmland <br />in the surrounding area under equivalent levels of management and that the operator can meet the <br />soil reconstruction standards in C.R.S., 34-33-120(2)(g). <br />(i) The proposed postmining land use of the permit area has been approved by the Division in <br />accordance with the requirements of 4.16. <br />0) The Division has made all specific approvals required under Rule 4. <br />(k) The Division has found that the activities would not affect the continued existence of endangered or <br />threatened species or result in the destruction or adverse modification of their critical habitats as <br />determined under the Endangered Species Act of 1973 (16 USC Sec. 1531 et seq.) or the Nongame, <br />Endangered or Threatened Species Conservation Act (Section 33-8-101 et seq., C.R.S.). <br />(1) The applicant has submitted proof that all reclamation fees required by 30 CFR Chapter VII, <br />Subchapter R, have been paid for all coal mining operations. <br />