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<br />ARNOL. I) K YU R'C I: It <br />hlr. David Shelton <br />May 8, 1y81 <br />Page Llevell <br />IV. <br />The conuaents and reyuest for conference contained <br />herein are filed pursuant to CRS 34-33-118(3). The notice <br />from the Uivision to the county which is a statutory pre- <br />requisite for commencement of the comment period was not <br />served on the county prior to the apl:licant's last publi- <br />cation. The county never received actual notice that the <br />pexn~it aPl.lication of 17estern Fuels was complete until <br />written notice was received from the Division. See at- <br />tached affidavit of Glenn L. Payne, Director of Planniny <br />for Rio Blanco County. Since service of the Division's <br />notice was necessary to start the comment period running, <br />the comaierrts and reyuest filed herein are timely. The <br />county's reyuest that the Division defer its decision <br />until the county has acted upon Western Fuels' pending <br />aPl.lication for a sl.ecial use permit is, of course, not <br />subject to the tune limits of the comment period. <br />ARiJOLU & PORTI;k <br />Attorneys for the Rio Blanco <br />County Commissioners <br />