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<br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmern of Natural Resources <br />1313 Sherman 51.. Room ? 15 <br />Denver, Gilurad~ i H0203 <br />Phone p0J1 Bhb 7567 <br />FA%' (1071 HJ2 E 106 <br />September 15, 1995 <br />STATE OF COLORADO <br />~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Kiowa County Commissioners eovemor <br />BOX 591 lames S LuchheaA <br />EadS, CO 81036 E.ecoiive Duecmr <br />Michael 0. Lung <br />RE: GOVERNMENTAL SIIBDIVISION PAYMENT Division Dirccior <br />OF APPLICATION AND ANNOAL FEES <br />Dear County Commissioners: <br />Colorado Counties, Incorporated asked the Attorney General's Office (AGO) to provide <br />an inforxr.al 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 duly 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 ]995 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 eES soon as possible. We would like to resolve the matter prior to the <br />October Hoard 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 />M vti\Cmmu..~r~.nm <br />