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III IIIIIIIIIIIIIIII <br />999 <br />GALE A. NORTON <br />Attorney General <br />STEPHEN K. ERKEIVBRACK <br />Chief Deputy Attorney General <br />TIMOTHY M. TYM]KOVICH <br />Solicitor General <br />September 18, 1995 <br />M E M O R A N D II M <br />g'l -D73 <br />SPATE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denver Colorado 80203 <br />Phone 1303) 866-0500 <br />FAX (303) 866-5691 <br />TO: Members of the Mined Land Reclamation Board <br />Mike Long, Director, Division of Minerals and Geology <br />FROM: Stephen M. Brow <br />Assistant Attorn General <br />RE: Request for an Opinion Regarding to What Extent Counties <br />Which Operate Construction Materials (Sand and Gravel) <br />Mines are Subject to Application Fees, Financial Assur- <br />ance, or Annual Fees Under the Colorado Mined Land <br />Reclamation Act (MLRA), § 34-32-101 et seq., C.R.S., as <br />amended (1995 Repl Vol.) or the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials (Con- <br />struction Materials Act), § 34-32.5-101 et seq., C.R.S. <br />(1995 Repl Vol.) <br />Intl:oduction <br />You have requested an informal opinion from this office concerning <br />whether, or to what extent counties are required to pay application <br />fees, .submit financial assurance for reclamation, or pay annual <br />fees to the Division of Minerals and Geology (Division) when <br />countie=s operate construction materials mines, also known as sand <br />and gr~rvel mines, under the above-referenced acts. The following <br />opiniorr is an informal opinion and should not be construed as the <br />official opinion of the Attorney General's Office. <br />This request has been triggered by a July 25, 1995 letter from the <br />President of Colorado Counties, Inc. (Counties) to the Director of <br />the Division of Minerals and Geology (Division) requesting that the <br />Mined Land Reclamation Board (Board) request a formal Attorney <br />General's Opinion (AGO) of the status of county reclamation fees <br />and financial assurance requirements. Although the Counties <br />request=ed a formal AGO, the Board requested that we do an informal <br />opiniorr. But, should you reconsider and want a formal AGO, we are <br />~~ <br />L <br />.oe•co <br />N~ \ C <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />