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(III) will not adversely affect any publicly owned <br />park or place inclutled ;n the national register of historic <br />sites unless approved jointly by the division and the fed- <br />eral, state, or local agency with jurisdiction over the <br />park or the historic site; <br />(IV) Does not include lands within one hundred feet <br />of the outside right-of-way line of any public road. except <br />where mine access roads or haulage roads join such right- <br />of-way line, except to the extent that the division has per- <br />mitted such roads to be relocated or the area affected to <br />lie within one hundred feet of such road after public notice <br />and opportunity for public hearing in the locality and a <br />written finding has been made by the division that the inter- <br />est of the public and the landcwners affected thereby will <br />be protected; and <br />(V) Does~not include lands within three hundred <br />feet of any occupied dwelling. unless with the consent of <br />the owner thereof, nor within three hundred feet of any <br />public building or school, church. community, or institu- <br />tional building or any public park. nor within one hundred <br />feet of a cemetery. <br />h) To the extent, if any, that the surface area pro- <br />posed to be affected by the operation contains prime farmland <br />and is not exempt from the special requirement of such arti- <br />cle respecting reclamation of prime farmlands. the division <br />has. after consultation with the Secretary of the United <br />States Department of Agriculture, and pursuant to regulations <br />issued by the Secretary of the United States Department of <br />the Interior with the concurrence of the Secretary of the <br />United States Department of Agriculture determined that the <br />operator has the techncloyical capability to restore such <br />mined area, within a reasonable time, to equivalent or higher <br />levels of yield as nonmined prime farmland in the surrounding <br />area under equivalent levels cf management and that the oper- <br />ator can meet the soil reconstruction standards in C.R.S. <br />1976, 34-13-120(2)(8). <br />[V. A copy of the operator's application, as amended and <br />supplemented. has been approved by the division and is by <br />this reference incorporated herein. <br />~R9IJI.i_S9lRl_T19yS_9ti12_ASiRFEMFtJ' TS <br />A. The division. in reliance upon the representa- <br />tions and promises made in such application, as amended and <br />supplemented and based upon the foregoing findings, hereby <br />issues this permit to operators to engage in the operations <br />described in the application on the following lands lying <br />in the Counties-DfGarfield_and Mesa----s state of Colorado: <br />See Attached Legal Descriptions. <br />-3- <br />