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• • iii iiiiiiiiiiiiim <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem o! Nawral Rceourcex <br />Ill 3 Sherman 51., Ruom 21 S I~~~~~ <br />Denver, Colorado 80203 <br />Phone: 1303) 8isb-356) <br />FAX; 1303) 872-BI06 <br />DEPARTMENT OI <br />NATURAI <br />September 15, 1995 ~S~~CEc <br />Roy Romer <br />fovcmu. <br />Iamr.S LrK hhc.~d <br />6ccmivc D~rr,+w <br />M~~hac+8 Lung <br />RE: GOVERHISLNTAL SIIBDIVISION PAYMENT Drv~s~on Duecwr <br />OF APPLICATION AND ANNOAL PEES <br />Dear County Commissioners: <br />Colorado Counties, Incorporated asked the Attorney General's Office (AGO) to provide <br />an informal 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 informal opinion from the AGO. <br />In summary, the informal opinion states that subdivisions of state government <br />(countie:s) are not exempt from paying application or annual fees. The only fee <br />exemptioli for which a subdivision of state government qualifies is the Special <br />Operation 111 permit application fee of $625. <br />Effective July 1, 1995, all existing sand and gravel operations fall under the new <br />Construction Materials statute, SB 156. The statute requires the Office to issue <br />a reason to believe letter for non-payment of annual fees. Also, the Mined Land <br />Reclamation Board, at its August 1995 Meeting, instructed 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 1995 Board Meeting for your permitted operation(s) with past due annual <br />fee(s). <br />Please reeview 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 />ua know ae soon as possible. We would like to resolve the matter prior to the <br />October Lloard Meeting. <br />We encourage you to pay your past due annual fees by October 13, 1995. if payment <br />is made try that date, we will xithdraw the pending Board action. <br />S1 \ I <br />H. Bruce Humphries <br />Minerals Program Supervisor <br />cc: Michael Long <br />M.ba+rC i.,.oa..M1bh <br />