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<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 />right-of-way line of any public road, except where mine access roads or <br />haulage roads join such right-of-way line, except to the extent that the <br />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 <br />public hearing 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 <br />will be protected; and <br />(V) Does not include lands within three hundred feet of any <br />occupied dwelling, unless with the consent of the owner thereof, nor within <br />three hundred feet of any public building or school, church, community, or <br />institutional building or any public park, nor within one hundred feet of a <br />cemetery. <br />(h) To the extent, if any, that the surface area proposed to be <br />affected by the operation contains prime farmland and is not exempt from the <br />special requirement of such article regarding reclamation of prime farmlands, <br />the Division has, after consultation with the 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 Agriculture, determined that the <br />operator has the technological capability to restore such mined area, within a <br />reasonable time, to equivalent or higher levels of yield as non-mined prime <br />farmland in the surrounding area under equivalent levels of management and <br />that the operator can meet the soil reconstruction standards in C.R.S., <br />34-33-120(2)(9). <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 />GRANTS; CONDITIONS AND AGREEMENTS <br />A. The Division, in reliance upon the representations and promises <br />made in such application, as amended and supplemented, and based upon the <br />foregoing findings, hereby issues this permit to operator, to engage in the <br />operations described in the application on the following lands lying in the <br />County of Moffat, State of Colorado: <br />