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• ~~- - <br />STA'I~ OF CC,~~_ 9 _ <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866-36fi7 <br />Fn x: 303 832-6106 <br />OF' Cp~ <br />~~`>,4v <br />~~J ~:$ <br />.n8n. <br />.CL„~„e~ <br />~ r87fi ~ <br />Roy Romer, <br />~/~ /4 / Goverrur <br />r I Fred R. Banta. <br />November 22, 1991 O.v.swn 0ireotor <br />Mr. A. Ray Chamberlain !~ <br />Executive Director <br />Colorado Department of Transportation <br />4340 E. Louisiana <br />Denver, CO 80220 <br />RE :. Nan-payment of Annual Fees for CDOT Mining Operations <br />Dear Mr. Chamberlain: <br />As of the date of this correspondence the Colorado Department of <br />Transportation is delinquent by 55,880.00 in annual fees. Prior to <br />July 1, 1991 your mining operations were not required to pay such fees. <br />However, as of July 1, 1991, HB 91-1115 amended the Mined Land Reclamation Act <br />to require all mine operators, including CDOT, to pay annual fees. If annual <br />fees are not paid by the anniversary date of the permit, then the permittee is <br />in violation of the Mined Land Reclamation Act. Also, our Board has directed <br />us to impose an automatic civil penalty equal to the amount of the annual fee <br />if the annual fee is not paid by the anniversary date of the permit. <br />The MLRD has tried in vain over the last 5 months to come up with a way for <br />CDOT to meet the annual fee statutory requirement. Mr. Reza Akhavan of your <br />office has been working with us and has been very cooperative. However, the <br />debt remains unpaid and we have no resolution to the problem. <br />The MLRD must proceed with our required civil penalty and permit revocation <br />process if the matter is not satisfactorily resolved prior to <br />December 6, 1991. Also, permit revocation will prevent CDOT by law from <br />acquiring new permitted mining operations until the matter is resolved to the <br />satisfaction of the f4ined Land Reclamation Board. <br />The MLRD is asking for your prompt attention so that the i4LRD does not have to <br />proceed with the civil penalty and permit revocation process. <br />Sincerely, <br />~~//2 <br />H. Bruce Humphries <br />Minerals Program Supervisor <br />HBH/scg <br />CC: Mr. Ken Salazar, Exec. Dir., DNR <br />Mr. Dave Bucknam, Acting Dir., MLRD <br />Mr. Reza Akhavan, Dept, of Transportation <br />9584E <br />