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:' <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem o(t`alural Resources <br />I } U Sherman 5 ., Room 21 5 I`~~~ <br />Denrcr. Colorado H0203 I <br />Phone. (JOJI 866) Sfi7 <br />FAS. 1)031 HJ2 6106 <br />DEPARTMENT OF <br />NATURAL <br />September ls, 1995 RESOURCES <br />Ruy Romer <br />Kiowa County Commissioners eovemnr <br />Box 591 <br />Wmcs 5 Lochhead <br />EddS, CO $1036 Eaccmive Dncciar <br />bsichael B. Lung <br />RE: GOVERNMENTAL SIIBDIVISION PAYMENT Drvwion Dtreclor <br />OF .APPLICATION AND ANNfJAL FEES <br />Dear County Commissioners: <br />Colorado (:ounties, Incorporated asked the Attorney General's Office (AGO) to provide <br />an infozmal opinion as to whether the Office and Board were correct in requiring <br />subdivisions of state government to pay application and annual fees. Enclosed is <br />the infonnal opinion from the AGO. <br />In summary, the infonnal opinion states that subdivisions of state government <br />(countiesi are not exempt from paying application or annual fees. The only fee <br />exemption for which a subdivision of state government qualifies is the Special <br />Operation 111 permit application fee o£ $625. <br />Effective July 1, 1995, all existing sand and gravel operations fall under the new <br />Construct..on Materials statute, SB 156. The statute requires the Office to issue <br />a reason 'to believe letter for non-payment o£ annual fees. Also, the Mined Land <br />Reclamation Board, at its August 1995 Meeting, instzucted the Office to proceed with <br />permit revocation and/or performance warranty forfeiture against any construction <br />material operator that is 60 days past due in paying an annual fee. <br />According to the AGO's opinion, subdivisions of state government are required to pay <br />annual fees. Also, your operation(s) falls under the provisions of SB 156. <br />Therefore, you have been issued a reason to believe letter or letters for the <br />October 1'395 Board Meeting for your permitted operation(s) with past due annual <br />fee(s). <br />Please review the enclosed Reason to Believe Letter(s). If we have issued a Reason <br />to Believe Letter for a site and you believe the annual fees are current, please let <br />us know a.; soon as possible. We would like to resolve the matter prior to the <br />October Board Meeting. <br />we encourage you to pay your past due annual fees by October 13, 1995. If payment <br />is made by that date, we will withdraw the pending Board action. <br />Sincerely, <br />H. Bruce Humphries <br />Minerals Program Supervisor <br />cc: Michael Long <br />n~ n,.rce~...~~.rnn <br />