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(h) <br />(Iv) <br />(V) <br />- 3 <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; or <br />(B) Where the Secretary of the United States Department of Agriculture has <br />determined, with respect to lands in national forests which do not have <br />significant forest cover, that surface mining is in compliance with the <br />"Multiple -Use Sustained -Yield Act of 1960," as amended, the "Federal Coal <br />Leasing Amendments Act of 1975," as amended, the "National Forest <br />Management Act of 1976," as amended, and the provisions of Article 33 of <br />Title 34, C.R.S. <br />(III) Will not adversely affect any publicly owned park or place included in the National <br />Register of Historic Sites unless approved jointly by the Division and Federal, <br />State, or local agency with jurisdiction over the park or the historic site; <br />Does not include lands within one hundred feet of the outside right -of -way line of <br />any public road, except where mine access roads or haulage roads join such <br />right -of -way line, except to the extent that the Division has permitted such roads to <br />be relocated or the area affected to lie within one hundred feet of such road after <br />public notice and opportunity for public hearing in the locality and a written finding <br />has been made by the Division that the interest of the public and the landowners <br />affected thereby will be protected; and <br />Does not include lands within three hundred feet of any occupied dwelling, unless <br />with the consent of the owner thereof, nor within three hundred feet of any public <br />building or school, church, community, or institutional building or any public park, <br />nor within one hundred feet of a cemetery. <br />To the extent, if any, that the surface area proposed to be affected by the operation <br />contains prime farmland and is not exempt from the special requirement of such article <br />regarding reclamation of prime farmlands, the Division has, after consultation with the <br />Secretary of the United States Department of Agriculture, and pursuant to regulations <br />issued by the Secretary of the United States Department of the Interior with the <br />concurrence of the Secretary of the United States Department of Agriculture, determined <br />that the 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 farmland in <br />the surrounding area under equivalent levels of management and that the operator can <br />meet the soil reconstruction standards in C.R.S., 34- 33- 120(2)(g). <br />The proposed postmining land use of the permit area has been approved by the Division <br />in accordance with the requirements of 4.16. <br />The Division has made all specific approvals required under Rule 4. <br />The Division has found that the activities would not affect the continued existence of <br />