2010-11-10_REVISION - C1981008 (2)

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(A) Surface operation's 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 whicn 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 Hi s toric Sites unless approved jointly by the Division and Federal, State, or Iota] agency with.juri- sdiction 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 rude 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 cemete (h) affected by thg znpr,__ motion contains prime farmland and is not exemkt_ fr armom thlande special requirement of such ti arcle re ardin fs, ttt�tf4vti'b "bias; after consulta wi th the Secretary of the United tes Depa- r tment of u rturt�, " to regulations issued b e a retary o f �t fiie � nTfec7 Stalesparme r w t t o concurre of the Secretary of the UnitedS epar.m n o ricu ure, that the `operator has the technological capa i ity to restore such mine area, within a reasvn�rbrl� el nt'otr y as n -m'ned prime f_ cFMK!.asl_J:n.; W e; su roun jng area under equivalent levels of management and that the operator can meet the soil reconstr standards in C.R.S., 3433 -1 0(2)(g). IV. A copy of the operator's application. as amended and supplemented, has been approved by the Division and is by this reference incorporated herein. • A. m 96� ng y GRANTS,. CONDITIONS AND AGREEMENTS The Division, in r l'a ce upon the representations and promises ch applica ron, as amended and supplements d base u h findings, hereby issues t s ermst o erator to engage the scr a _ , ,_ n _ e ., app fcatton h following lands ying in e Montrose, State of Colorado: