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~ ~ III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Dcpanmem of Natural Rcyources <br />{ 313 Sherman St., Room 2 t 5 J+~` ~~~ <br />Denver, ColoraAo 80207 II I` <br />Phone: 1703) 8663567 <br />FAX: (707) 832-8106 <br />DEPARTMENT OI <br />NATURAL <br />September 15, 1995 RESOURCE` <br />Roy Romer <br />Qrvcrna. <br />~a mc• S LrK hhcaJ <br />E uemivc D~rrr mr <br />Mia hael tl Lont; <br />RE: GOVERNMENTAL SDBDIVISION PAYMENT Division Director <br />OF APPLIGTION AND ANNOAL FEES <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 sunmtary, 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 0£f ice 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 is) 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 Bite and you believe the annual fees are current, please let <br />us knox as 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 /> <br />