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.. <br />[DENVER <br />~ • n~FicE <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmen, of Nawral Resources <br />1313 Sherman St ,Room 215 <br />Denver, Cdorado 80.03 <br />Phone: 130 t) 8663567 <br />FAX: (3031832-8106 <br />DENVER OFFICE <br />PUBLIC FILE COPY <br />FILE: M - ~g-l ~o <br />SITE: ELL~S~v, P; ~- <br />~~ <br />~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />GOVernor <br />dames 5. Lochhead <br />September 10, 1997 Exec live Director <br />Michael B. Long <br />Division Dueaor <br />Mr. Ted H. Hayden, Chairman <br />Board of Delta County Commissioners <br />501 Palmer Street <br />Delta, CO 81416 <br />RE: E lison Gravel Pit -Violation for Mining Outside the Permitted Area <br />Permit No. M-78-170 <br />Dear Chairman Hayden: <br />Our office recently received a copy of a recent newspaper article, copy attached, from the Delta <br />County Independent regarding the above referenced violation. In that article, it was stated that <br />"Commi>sioner Ted Hayden, however, was less optimistic. He pointed out that the Mined Land <br />Reclamation Board is funded entirely by fees and fines". This is a substantial misrepresentation of the <br />facts, and the Division would like to take this opportunity to explain to you how the Colorado Mined <br />Land Reclamation Board and the Division of Minerals and Geology's Minerals Regulatory Program are <br />funded. <br />First, nether the Board nor the Division staff are "funded entirety by fees and fines" as reported in the <br />article. All monies collected from fines levied by the Board go directly into the State's General Fund, <br />not the Division or Board's operating budget. The Division's Minerals Regulatory Program is funded <br />by two .>ources, operator fees and general fund monies. Approximately two-thirds of the Division's <br />operating budget comes from operator fees, and the remaining one-third from the General Fund. The <br />amount of funds provided to the Division from the General Fund are not in any way based on the <br />amount of monies collected from fines levied by the Board. Instead, the funding amounts for Division <br />and Board activities are based on calculations of the amount of staff and administrative resources <br />needed to fulfill the mandated responsibilities of our office in enforcing the State's reclamation <br />statutes. <br />Second, the Colorado Mined Land Reclamation Board is a citizen Board consisting of two persons <br />representing the mining industry, two persons representing conservation interests, one person <br />representing agricultural interests, one person representing the Soil Conservation Board, and one <br />person representing the Colorado Department of Natural Resources. The Board receives no <br />compensation other than reimbursement for expenses associated with attending monthly Board <br />meetings and other official Board functions. None of the funds for Board expenses are taken from any <br />fines levied by the Board against operators. <br />