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(II) 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 /> Agriculture has found that there are no significant recreational,timber,economic, or <br /> other values which may be incompatible with such surface mining operations,and: <br /> (A) Surface operations and impacts are incident to an underground coal mine;or <br /> (B) Where the Secretary of the United States Department of Agriculture has <br /> determined, with respect to lands in national forests which do not have <br /> significant forest cover, that surface mining is in compliance with the <br /> "MultipleUse SustainedYield Act of 1960," as amended, the "Federal Coal <br /> Leasing Amendments Act of 1975," as amended, the "National Forest <br /> Management Act of 1976," as amended, and the provisions of Article 33 of <br /> Title 34, C.R.S. <br /> (III) Will not adversely affect any publicly owned park or place included in the National <br /> Register of Historic Sites unless approved jointly by the Division and Federal, State, <br /> or local agency with jurisdiction over the park or the historic site; <br /> (IV) Does not include lands within one hundred feet of the outside rightofway line of <br /> any public road, except where mine access roads or haulage roads join such <br /> rightofway line,except to the extent that the Division has permitted such roads to be <br /> relocated or the area affected to lie within one hundred feet of such road after public <br /> notice and opportunity for public hearing in the locality and a written finding has <br /> been made by the Division that the interest of the public and the landowners <br /> affected thereby will be protected; and <br /> (V) Does not include lands within three hundred feet of any occupied dwelling, unless <br /> with the consent of the owner thereof, nor within three hundred feet of any public <br /> building or school, church, community, or institutional building or any public park, <br /> nor within one hundred feet of a cemetery. <br /> (h) To the extent, if any, that the surface area proposed to be affected by the operation <br /> contains prime farmland and is not exempt from the special requirement of such article <br /> regarding reclamation of prime farmlands, the Division has, after consultation with the <br /> Secretary of the United States Department of Agriculture, and pursuant to regulations <br /> issued by the Secretary of the United States Department of the Interior with the <br /> concurrence of the Secretary of the United States Department of Agriculture, determined <br /> that the operator has the technological capability to restore such mined area, within a <br /> reasonable time,to equivalent or higher levels of yield as nonmined prime farmland in the <br /> surrounding area under equivalent levels of management and that the operator can meet <br /> the soil reconstruction standards in C.R.S., 3433120(2)(g). <br /> (i) The proposed postmining land use of the permit area has been approved by the Division in <br /> Page 3 of 4 <br />