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0 <br />.3- <br />Does not include lay federal Jan& widiin, the boundaties of axiy eatiosial forest, <br />except to the extent that the Secretary of the United States Department of <br />Agricultur+c has found that there are no significant recreational. timber. ecartonxic, <br />or other values which may be incompatible with such surface mining operations, <br />and: <br />(A) Surface operations and impacts are incident to an Underground coal mine; <br />or <br />(8) Where the Secretary of the United States Uepat'tment of Agriculture has <br />determined, with respcct to lands in national forests which do not have <br />significant forest covex, that surface ruining is inn cosrapl'sance with the <br />"Multiple-use sustained-yield Act of 1960, ° as amended. the "Federal Coal <br />Leasing Amendments Act of 1915," as aamendeo, the "National l"orest <br />Management Act of 1976," as amended, and the provisions of Article 33 of <br />'T'itle 34. C.R.S. <br />( ) Will not adversely affect lay pubUmly owned park or piece included In the <br />National Register of Historic Sites unless approved jointly by the Division and <br />Federal, State, or local age"cy with jurisdiction. over the park or the historic site; <br />-of-WaY Of <br />(IV) Does not include lands within one hundred feet of the outside right s oini su h <br />any public road, except where mine access roads or haulage ra ) <br />-of-wsy lie, except to the extent that the ]Division has permitted such roads <br />ri <br />ri htt relocated or the area affected to lie within one hundred feet of such toad after <br />to be <br />public notice and opportunity for. public hearing in the locality and a writtezt <br />fending has been made by the Division that the interest of the public and the <br />landowners affected thereby will be protected; UA <br />(V) Does not include lands Within three humid-ed fcct of arty occupied dwelling, unless <br />with the consent of the owner thereof, nor within-three hartdr'ed feet of any public <br />building or school, church, community, or institutional building or any public <br />,plc, nor within one hundred feet of a cemeterY. <br />(h) To the extent. if any, that the surface area proposed to be affected by the operation <br />vtw%eial reauLrement of such article <br />regarding reclamation of prime farmlands, the Division has, after consua <br />~- ? ?3 ?I> axtment of Ag!zculture, and pursuario regulations <br />e <br />_ -issued by the Secretary of the United States .IDe _artment o <br />er in Rpa A LlhC dowmined <br />?? - <br />?Qy? I°et; g <br />__.-that the operator' has the technological capability to restore such mine a <br />' tee, tc? egnivalenr or hLhrdoMels tf e?' as non-min run farsrllsnd in <br />_.? <br />-`rt,e surrtSUndinIt area under equivalent levels of management and,that t a operator can <br />meet the soil recons rgmn-s;anuarus_It, .?•_?, ?? <br />l t,