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<br />(B) Where the Secretary of the United States Department of Agriculture <br />has determined, with respect to lands in national forests which do not have significant forest <br />cover, that surface mining is in compliance with the "Multiple-Use Sustained-Yield Act of <br />1960," 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 33 of <br />Title 34, C.R.S. <br />(III) Will. not adversely affect any publicly owned park or place included in the <br />National Register of Historic Sites unless approved jointly by the Division and Federal, State, <br />or local agency with jurisdiction over the pazk or the historic site; <br />(IV) Does not include lands within one hundred feet of the outside right-of--way <br />line of any public road, except where mine access roads or haulage roads join such <br />right-of--way 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 notice <br />and opportunity for public heazing in the locality and a written finding has been made by the <br />Division that the interest of the public and the landowners affected thereby will be protected; <br />and <br />(V) Does not include lands within three hundred feet of any occupied dwelling, <br />unless 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, nor within <br />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 issued <br />by the Secretary of the United States Department of the Interior with the concurrence of the <br />Secretary of the United States Department of Agriculture, determined that the operator has the <br />technological capability to restore such mined area, within a reasonable time, to equivalent or <br />higher levels of yield as non-mined prime farmland in the surrounding area under equivalent <br />levels of management and that the operator can meet the soil reconstruction standards in <br />C.R.S., 34-33-120(2)(8). <br />IV. A copy of the operator's application, as amended and supplemented, has been approved <br />by the Division and is by this reference incorporated herein. <br />GRANT, CONDITIONS AND AGREEMENTS <br />A. The Division, in reliance upon the representations and promises made in such <br />application, as amended and supplemented, and based upon the foregoing findings, hereby <br />issues this permit to operator, to engage in the operations described in the application on the <br />following lands lying in the County of Routt, State of Colorado: <br />3 <br />