2001-10-18_GENERAL DOCUMENTS - C1984065

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i Agriculture has found that there are no significant recreational, timber, economic, or other values which may be incompatible with such surface mining operations, and: (A) Surface operations and impacts are incident to an underground coal mine; or (B) Where the Secretary of the United States Department of Agriculture has determined, with respect to lands in national forests which do not have significant forest cover, that surface mining is in compliance with the "Multiple-Use Sustained-Yield Act of 1960," as amended, the "Federal Coal Leasing Amendments Act of 1975," as amended, the 'National Forest Management Act of 1976," as amended, and the provisions of Article 33 of Title 34, C.R.S. (III) Will not adversely affect any publicly owned park or place included in the National Register of Historic Sites unless approved jointly by the Division and Federal, State,or local agency with jurisdiction over the park or the historic site; (IV) Does not include lands within one hundred feet of the outside right-of-way line of any public road, except where mine access roads or haulage roads join such right-of-way line, except to the extent that the Division has permitted such roads to be relocated or the area affected to lie within one hundred feet of such road after public notice and opportunity for public hearing in the locality and a written finding has been made by the Division that the interest of the public and the landowners affected thereby will be protected; and (V) Does not include lands within three hundred feet of any occupied dwelling, unless with the consent of the owner thereof, nor within three hundred feet of any public building or school, church, community, or institutional building or any public park, nor within one hundred feet of a cemetery. (h) To the extent, if any, that the surface area proposed to be affected by the operation contains prime farmland and is not exempt from the special requirement of such article regarding reclamation of prime farmlands, the Division has, after consultation with the Secretary of the United States Department of Agriculture, and pursuant to regulations issued by the Secretary of the United States Department of the Interior with the concurrence of the Secretary of the United States Department of Agriculture, determined that the operator has the technological capability to restore such mined area, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management and that the operator can meet the soil reconstruction standards in C.R.S., 34-33-120(2)(g). (i) The proposed posm-ining land use of the permit area has been approved by the Division in accordance with the requirements of 4.16. (j) The Division has made all specific approvals required under Rule 4.