s
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<br /> the "Multiple-Use Sustained-Yield Act of 1960" , as amended, the "Federal Coal
<br /> Leasing Amendments Act of 1975" , as amended, the "National Forest Management
<br /> Act of 1976" , as amended, and the provisions of Article 33 of Title 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 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)(g) .
<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 /> Counties of Moffat and Rio Blanco, State of Colorado:
<br /> Township 4 North, Range 93 West, portions of Sections 15,
<br /> 22 , 23, 26, 27, 28, 33, 34; Township 3 North, Range 93 West,
<br /> portions of Sections 2, 3, 4, 8, 9, 10, 11 , 14, 15, 16, 17,
<br /> 20, 21 , 22; West of the 6th P.M.
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