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-3- <br />the "I•lultiple-Use Sustained-Yield Act of 1960", as amended, the "Federal Coal <br />~easiny Amendments Act of 197", as amended, the "National Forest hianage~nent <br />Act of 1976", as amended, and the provisions of Article 33 of Title 34, C.R.S. <br />1973. <br />(III) Will not adversely affect any publicly owned park or place <br />included in the National Register of Historic Sites unless approved jointly by <br />the Division and Federal, State, or local agency with jurisdiction over the <br />park or the historic site; <br />(IV) Does not include lands within one hundred feet of the outside <br />riyht-of-way line of any public road, except where mine access roads or <br />haulaye roads join such right-of-way line, except to the extent that the <br />Division has permitted such roads to oe relocated or the area affected to lie <br />within one hundred feet of such road after puolic notice and opportunity for <br />puolic hearing in the locality and a written findiny has been made by the <br />Division that the interest of the public and the landowners affected thereby <br />'will oe protected; and <br />(V) Uoes not include lands within three hundred feet of any <br />occupied dw211ing, unless with the consent of .the owner thereof, nor within <br />three hundred feet of any public building or scnool, church, community, or <br />institutional building or any public park, nor within one I~undred feet of a <br />cemetery. <br />h) To the extent, if any, that the surface area proposed to be affected <br />by the operation contains prime farmland and is not exempt from the special <br />requirement of such article regarding reclamation of prune farmlands, the <br />Division has, after consultation with thz Secretary of the United States <br />Department of Agriculture, and pursuant to regulations issued by the Secretary <br />of the United States Department of the Interior with the concurrence of the <br />Secretary of the United States Department of Ngriculture, determined that the <br />operator has the technological capability to restore such mined area, within a <br />reasonable tine, to equivalent or higher levels of yizld as non-mined prime <br />farmland in the surroundiny area under equivalent levels of management and <br />that the operator can meet the soil reconstruction standards in C.H.S. 1973, <br />IV. A copy of the operator's application, as amended and supplemented, has <br />been approved by the Division and is by this reference incorporated herein. <br />GRANT. COt1DITI0NS Ai`1D AGREEftENTS <br />A. The Division, in reliance upon the representations ana promises made <br />in such application, as amended and supplemented, and based upon the foreyoing <br />findings, he reoy issues this permit to operator, td engage in the operations <br />described in file applicatio~i on the followiny lands lying in the County of <br />Pitkin and Garfield State of Colorado: <br />Mine: N', Sec. 35; W; S? Sec. 35; Sec. 34, 27, 22; E=z Sec. 21; E', Sec. 28; <br />E; SE'q Sec. 33, T8S, R894l, and Wz Sec. 2; Sec. 3; Ez Ez Sec. 4, T95, <br />R89W. <br />