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<br />f <br />r <br />:• <br /> <br />~II ~I~II~II~I~~~ ~I~ <br />999 _ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman Sl., Room 215 <br />Denver, CO 80203 <br />Phone: 1303) 866-3567 <br />FAX: U03) 832-8106 <br />~4ECE11/F[, <br />SEP 1 1993 <br />Divlston of h•nne)a,~ n uavlugy <br />Board of County <br />Kiowa County <br />Box 591, <br />Eads CO. 81036 <br />Commissioners <br /> O <br />F' ~~r0 <br /> _ <br />4F. _ .per <br />V p <br />C <br /> N <br />~ <br />( <br />~ <br />Q ~~' <br />X <br />~j~li1 Roy Romer <br />! <br />~'LI` 1~/ Gorernnr <br />O <br />n ~.o , <br />~ <br />JJ <br />;; Avrhael B. Lnng <br />Divis~nn Dircunr <br />gust <br />u <br />A 19, 1993 <br />m <br />RE: Payment of annual fees and conflict with Amendment #1 <br />Dear County Commissioners: <br />The Division had a recent inquiry from your staff over payment of <br />the increased Mined Land Reclamation Board annual permit fee. As <br />you know, the annual fees were increased by HB 91-1115. The <br />Fiscal Year 93-94 is the last year that fees were to increase under <br />HB 91-1115. The annual fee due this year for 110(2) Limited Impact <br />operations is $225 and for 112 Regular Operation permits is $550. <br />Your staff submitted the annual <br />amount of 17 ~o~~th~ following <br />83-112 <br />3- 13 ~~.r~-c'/i.L1~~ <br />M83-115 ~-L~[.tL~'e4~~-~ <br />M83-116. L,r <br />M83-119 C~1~~: -,'~~2;"`"` <br />/~ <br />i <br />report and partial fee in the <br />permitted sites: <br />The correct fee that should have been submitted is $225 per <br />permitted site. <br />Your staff asked that we provide them guidance as to whether <br />Amendment One pertains to MLRB fee increase under HB91-1115. Based <br />on our conversation With the State Attorney Generals Office HB91- <br />1115 does not fall under the provisions of Amendment One. HB91- <br />1115 was passed two years prior to Amendment One. <br />Also, Amendment One only applies to fees or taxes that one does not <br />have an option to pay. The state income tax and local sales taxes <br />are examples of taxes that one must pay if one lives in the state. <br />The decision to conduct a mining operation is discretionary. <br />Therefore, the associated fees for mining operations apply and are <br />not limited by Amendment One. <br />In any event, the Division of Minerals and Geology is confident <br />"t'" <br />~~~~ <br /> <br />STATE OF COLORADO <br />