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S AHN(1LU K 1'U 12 'r~ P1r. David Shelton tlay 8, 1y81 Page Four county teas yrantc:d the special use permit. It is l;re- cisely "in t}le interests of efficient processing" that Reyulatiorl 9.1 under the Colorado [dined Lanu leclamation Act reyuires prior local approval of non-coal mining applications. The same interests of efficiency require that the Division withhold its decision in this case until local approval }las been obtained for the Deserado [dine. Deferral of the Division's decision is required also by CRS 34-33-114, which authorizes the Division to approve only complete applications. 4~ithout prior local aplroval, the 4(e stern Fuels' application cannot be com- plete. Rio Blanco County has stated that the plans for the Deserado t~fine as they now exist -- without adequate mitiyatiuy rs asures -- are inconsistent with the county lane use plan. CRS 34-33-111(1)(h) reyuires that a reclamation plan must state "tlle consideration whicYl has been given to Inakirry the surface coal milling and recla- mation operations consistent with applicable state and lccal land use plans acid programs." In light of the position of the Rio Blanco County Planning Girector that the plans for Ueserauo 4fine are inconsistent with the county land use plan because they lack adequate mitigating measures, it is apparent ttlat 47estern Fuels' reclamation plan does not comply with CRS 34-33-111(1)(h), ann the Division cannot lawfully approve it. The review of a special use permit by Rio Blanco County will be condi- tioned upon the adcrtion of adequate mitigating measures. Following the review of such measures and the issuance of the special use perr,~it, the v~estern Fuels' application will be properly completed and then the Division can act upon it. A further reason why the Division should defer its decision until after the county has acte3 is found in the county's Petition for Unsuitability pursuant to CRS 34-33- 126. The county's Petition is based upon the incompati- bility of the Deserado Kline with the county master ••«