Laserfiche WebLink
(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 local <br />agency with jurisdiction over the 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 <br />access roads or haulage roads join such right-of-way line, <br />except to the extent that the Division has permitted such <br />roads to be relocated or the area affected to lie within one <br />hundred feet of such road after public notice and opportunity <br />for public hearing in the locality and a written finding has <br />been made by the Division that the interest of the public and <br />the landowners affected thereby 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 <br />thereof, nor within three hundred feet of any public building <br />or school, church, community, or institutional building or <br />any public park, nor within one hundred feet of a cemetery. <br />IV <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 />higher levels of yield as non-mined prime farmland in the <br />surrounding area under equivalent levels of management and that the <br />operator can meet the soil reconstruction standards in C.R.S., <br />34-33-120(2)(9). <br />A copy of the operator's application, as amended and supplemented, has <br />been approved by the Division and is by this reference incorporated <br />herein. <br />-3- <br />