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• • III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />DIVISION Of MINERALS AND GEOLOGY <br />Depanrnem n! Vawral Ra.SOUrcec <br />1313 Sherman St.. Room 215 <br />Denver, Colorado 8020] <br />Phone. (103) Bf~6-3567 <br />FA%: (703) 8728106 <br />September 15, 1995 <br />RE: GOVERNMENTAL SDBDIV25ION PAYMENT <br />OF APPLICATION AND ANNIIAL FEES <br />Dear Cowity Commissioners: <br />II~~~ <br />DEPARTMENT OI <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Gocema• <br />~amc. S Lax hhead <br />E accwi.•c Dueao~ <br />MiehaM tl Lung <br />DrvIL00 OOIYrOr <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 Chat 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 :L995 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 Fsoard Meeting. <br />we encourage you to pay your past due annual fees bl' October 13, 1995. If payment <br />is made kry that date, we will withdraw the pending Board action. <br />Sincerel}•, <br />Si <br />H. Bruce Humphries <br />Minerals Program Supervisor <br />cc: Michael Long <br />M:WaCovmiv~~+.Mh <br />