(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 Garfield, State of Colorado:
<br />NE/4 NE/4 Section 23, Township 5 South, Range 92 West
<br />All of Section 24, Township 5 South, Range 92 West
<br />NE/4 NE/4 Section 26, Township 5 South, Range 92 West
<br />N/2 NW/4 Section 25, Township 5 South, Range 92 West
<br />NW/4 NE/4 Section 25, Township 5 South, Range 92 West
<br />S/2 NW/4 Section 19, Township 5 South, Range 91 West
<br />N/2 SW/4 Section 19, Township 5 South, Range 91 West
<br />S/2 SE/4 Section 19, Township 5 South, Range 91 West
<br />NE/4 NE/4 Section 30, Township 5 South, Range 91 West
<br />NW/4 NW/4 Section 29, Township 5 South, Range 91 West
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