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GAt.E A. NoETOty <br />Attorney General <br />STEt'F~N K. EEEENBtucE <br />Chief Deputy Attorney General <br />Tuianiv M. 'IYnHCOVtcx <br />Solicitor General <br />iiiiiiiiiiiiii <br />*~* <br />*~ 7848 ** <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENEftAI, <br />September 18, 1995 <br />M E M O RAND U M <br />• ~ - oio <br />Sr~TE S®[nces Btm,ntxc <br />1525 Sherman Street - 5th Floor <br />Denver Colorado 80203 <br />Phone (303) 866500 <br />FAX (303) 866-5691 <br />TO: Members of the Mined Land Reclamation Board <br />Mike Long, Director, Division of Minerals and Geology <br />FROM: Stephen M. Brow~~ <br />Assistant Attorn General <br />RE: Request for an Opinion Regarding to What Extent Counties <br />Which Operate Construction Materials (Sand and Gravel) <br />Mines are Subject to Application Fees, Financial Assur- <br />ance, or Annual Fees Under the Colorado Mined Lana <br />Reclamation Act (MLRA), ~ 34-32-101 et seq., C.R.S., as <br />amended (1995 Repl Vol.) or the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials (Con- <br />struction Materials Act), ~ 34-32.5-101 et seq., C.R.S. <br />(1995 Repl Vol.) <br />Introduction <br />You have requested an informal opinion from this office concerning <br />whether, or to what extent counties are required to pay application <br />fees, submit financial assurance for reclamation, or pay annual <br />fees to the Division of Minerals and Geology (Division) when <br />counties operate construction materials mines, also known as sand <br />and gravel mines, under the above-referenced acts. The following <br />opinion is an informal opinion and should not be construed as the <br />official opinion of the Attorney General's Office. <br />This request has been triggered by a July 25, 1995 letter from the <br />President of Colorado Counties, Inc. (Counties) to the Director of <br />the Division of Minerals and Geology (Division) requesting that the <br />Mined Land Reclamation Board (Board) request a formal Attorney <br />General's Opinion (AGO) of the status of county reclamation fees <br />and financial assurance requirements. Although the Counties <br />requested a formal AGO, the Board requested that we do an informal <br />opinion. But, should you reconsider and want a formal AGO, we are <br />