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111 Colorado Surface Coa{ `lining Reclamation Act 34-33-I f4 on such lands if the secretary finds that there aic nu significant recreational, timber, economic, or other values which ma}' he incompatible with such sur- face mining operations, and: (A) Surface operations and impacts arz incidznt to an underground coal mine; or (B) \Vhere the secretary of the United Slates department of agriculture determines, with respect to lands in national forests which du not have signifi- cant forest cover, that surface mining is in compliance with the "Multiple- Use Sustained-Yield Act of 1960", as amended. the "Fzdcral Coal Leasing Amendments Ac[ of 1975", as amended. the "National Forest Management Act of 1976", as amended. and the provisions of this ;trticle. (III) Will not adversely affect any publicly u~vned p;trk ur place included in [he pational register of historic sites unless approved jointly by the Division and the federal, stave, or local agency with jurisdiction over tlrz park or the historic site: (iV) Dozs~ot include lands within onz hundred feet of the outside right- of-way line of anv public road, except where mine ttcccss roads or haulage roads join such right-of-way line; except [hat the division m:ty permit such roads to be rcloca;ed or the area affected to lie within one hundred Fcet of such road •i F, after public notice and opportunity for ublic hearing in the locality' ;~ i~Iritttn-findip^ is made that the interests of the pu is and the Iandowner~l wi e rotected; and (~ oes not .include lands within three Sindred feet of any occupied (3) The applicant shall file with~iis permit application a schedule listing any and all notices of violations of this article anr! any applicable law of the United States or of this star°, or any applicable rule or regulation of any department or agency of the United States or of this state, pertaining to air or water environmental protection received by the applicant in connection with any surface coal mining operations during the three-year period prior to the date of application. The schedule shag also indicate the final resolution ,:, of any such notice of violation. 1Vhen the schedule or other information :tvail- able to the board or division indicates that any surface coal minins operation _ owned or controlled by the applicant is currently in viol;uion of this article ' or such other laws referred to in this subsection (?), the permit shall oat _, be issued until [he applicant submits prooF that wch violation has been cor- rested or is in the process of being corrected to the satisfaction of the board, department, or agency which has jurisdiction over such 'violation.::.•d no • permit shall be issued to an applicant after a finding by the board, alter opportunity for hearing, [hat the applicant, or the operator specified in the application. controls or has controlled such surface coal mining operations - with a demonstrated pattern of willful violations of this article of such nature and duration and with such resulting irreparable damage to Ihz environment as to indicate an intent nu[ to comply with the pmvisions of this article. f4) (a) In addition to Finding the application in compliance with the provi- sions of subsection (2) of this section, if the surface area proposed to be affected by the operation contains prime farmland pursuant to section 34-33-I10 (2)(q), the division shall, after consultation with the secretary of