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<br />w <br />• <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem o! PJalural Resources <br />1313 Sherman 51., Room 215 <br />Dcnvcr. Colorado 80207 <br />Phone (3071 866-7567 <br />Fq X: UOb 83:-3106 <br />September 15, 1995 <br />Fremont County Commissioners <br />615 Macon. Avenue <br />Canon City, CO 81212 <br />RE: GOVERNMENTAL SIIBDIVISION PAYMENT <br />OF APPLICATION AND ANNQAL FEES <br />Dear County Commissioners: <br /> <br />STATE OF COLORADO <br />~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Gnvemur <br />lames 5 LochheaJ <br />E*eCtn ive DneClnr <br />MichaelB Lung <br />Dlv lswn Decaor <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 />(counties) 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 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 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 as soon as possible. We would like to resolve the matter prior to the <br />October Board Meeting. <br />We encourzrge 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 F[umphries <br />Minerals Program Supervisor <br />cc: Mictlael Long <br />M:\n,rCwmweio2n. rM <br />