REP14287

• Permit No: M1983116
• IBM Index Class Name: Report
• Doc Date: 9/1/1993
• Doc Name: PAYMENT OF ANNUAL FEES AND CONFLICT WITH AMENDMENT 1
• From: DMG
• To: KIOWA CNTY
• Permit Index Doc Type: ANNUAL FEE / REPORT
• Media Type: D
• Archive: No

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1111111 STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1717 Sherman 51., Room 215
Denver, CO 80203
Phone: [phone]
FA%:17031 832-8106
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Roy Romer
Goverrwr
Michael B. long
Division Director
Board of County Commissioners August 19, 1993
Kiowa County
Box 591,
Eads CO. 81036
RE: Payment of annual fees and conflict with Amendment #1
Dear County Commissioners:
The Division had a recent inquiry from your staff over payment of
the increased Mined Land Reclamation Board annual permit fee. As
you know, the annual fees were increased by HB 91-1115. The
Fiscal Year 93-94 is the last year that fees were to increase under
HB 91-1115. The annual fee due this year for 110(2} Limited Impact
operations is $225 and for 112 Regular Operation permits is $550.
Your staff submitted the annual
amount of $175._~~~ch~,following
M83-112 77//~~ ,,~f//
M83-113 dE'z'r=
M83-115 :~-. ~~~~~~~
M83-119 ~ -'~''"`~
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report and partial fee in the
permitted sites:
The correct fee that should have been submitted is $225 per
permitted site.
Your staff asked that we provide them guidance as to whether
Amendment one pertains to MLRB fee increase under HB91-1115. Based
on our conversation with the State Attorney Generals Office HB91-
1115 does not fall under the provisions of Amendment One. HB91-
1115 was passed two years prior to Amendment One.
Also, Amendment One only applies to fees or taxes that one does not
have an option to pay. The state income tax and local sales taxes
are examples of taxes that one must pay if one lives in the state.
The decision to conduct a mining operation is discretionary.
Therefore, the associated fees for mining operations apply and are
not limited by Amendment One.
In any event, the Division of Minerals and Geology is confident
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