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