PERMFILE118795

• Permit No: M1991078
• IBM Index Class Name: Permit File
• Doc Date: 9/18/1995
• Doc Name: MEMO
• From: STATE OF COLOE
• To: MLRB
• Media Type: D
• Archive: No

GALE A. NORTON
Attorney General
STErw?N K. EEI~vvBluclc
Chief Deputy Attorney General
TIMOTHY M. TYMKOVICH
Solicitor General
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STATE OF COLORADO
DEPARTMENT OF LAW
OeI'ICE oe rHE ATivaNEV GENERAL
STATE SPRV'ICPS BUILDING
1525 Sherman Sveet - 5th Floor
Denver Colorado 80203
Phone [phone]
FAX [phone]
September 18, 1995
M E M O RAND II M
TO: Members of the Mined Land Reclamation Board
Mike Long, Director, Division of Minerals and Geology
FROM: Stephen M. Browr~~
Assistant Attorn General
RE: Request for an Opinion Regarding to What Extent Counties
Which Operate Construction Materials (Sand and Gravel)
Mines are Subject to Application Fees, Financial Assur-
ance, or Annual Fees Under the Colorado Mined Land
Reclamation Act (MLRA), ~ 34-32-101 et seq., C.R.S., as
amended (1995 Repl Vol.) or the Colorado Land Reclamation
Act for the Extraction of Construction Materials (Con-
struction Materials Act), ~ 34-32.5-101 et seq., C.R.S.
(1995 Repl Vol.)
I. Introduction
You have requested an informal opinion from this office concerning
whether, or to what extent counties are required to pay application
fees, submit financial assurance for reclamation, or pay annual
fees to the Division of Minerals and Geology (Division) when
counties operate construction materials mines, also known as sand
and gravel mines, under the above-referenced acts. The following
opinion is an informal opinion and should not be construed as the
official opinion of the Attorney General's Office.
This request has been triggered by a July 25, 1995 letter from the
President of Colorado Counties, Inc. (Counties) to the Director of
the Division of Minerals and Geology (Division) requesting that the
Mined Land Reclamation Board (Board) request a formal Attorney
General's Opinion (AGO} of the status of county reclamation fees
and financial assurance requirements. Although the Counties
reque:~ted a formal AGO, the Board requested that we do an informal
opinion. But, should you reconsider and want a formal AGO, we are