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• • III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Nawml Rcroources <br />1 J 13 Sherman 51., Ruom 215 <br />Denver, Colorado 80203 <br />PFane: 13031866-3567 <br />FAX: 13031 832-8106 <br />September 15, 1995 <br />RE: GOVER2II~NTAL SIIBDIVISION PAYMENT <br />OF APPLIGTION AND ANNDAL FEES <br />Dear County Cammiseioners: <br />I~~~~ <br />DEPARTMENT OI <br />NATURAI <br />RESOURCE` <br />Ray Romrr <br />Gurcrn~~. <br />~amc. 5. lrx'hhovl <br />E ucutivr Durriar <br />Mic hacl8 Lung <br />Division Duecbr <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 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 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 1995 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 />ua know as soon ae possible. We would like to resolve the matter prior to the <br />October Board 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:buLCooai~,~n.Fbh <br />