2010-11-15_REVISION - C1981008 (3)

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(A) Surface operation's and impacts are incident to an underground coal mine; or (8) 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 ccmpliance 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 . 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 no 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 cemete (h) ' �_ that therface area proposed to be ,affected by he Ope contains prime farmland and is not exempt om the special requi of such article re ardfn r farm ands, ttr�171viion� has, a er consu tt ation wi th the Secretary of the Uni ted Mtes -3e- par- tment " - of ag u tture a 'pursuant lo regu ations ssue y e retary of-l:he tT nTfe y es parfirten r w t t o eoncurre of th Secretary o f ilia Uni S gas spar .m n o gr cu ure , t hat the op4era1_ `has the technological c apa i i�1'ty to restore such mind ar w ithin a ars�ratrl - tame; �ufva e ar y as n - rrrned prime f: t�tOj.aasi -l.n� W s fng area under equivalent levels of management and that the operator can meet the soil reconstruction standards in C.R.S., 34- 33� 1:20(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. GRANTS, CONDITIONS AND AGREEMENTS • A- The Division, in re . a ce up on P made -in such applica ton, as amended and s findings, hereby issues t f R s_-o er ions and p emen to engage 1 the lands ying in e y of Montrose, State of Colorado: