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<br />1 <br />~ ` III IIIIIIIIIIIIIIII <br />° sss <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1713 Sherman St., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FA%:1303)832-8106 <br />RECEIVEC~ ''~///111000~~~ <br />~~ <br />SEP 1 1993 <br />DivlSbrUlftdrrlt;ra+s ~o~-'O,~ <br />6 ~euloyy <br />oe cow <br />~e~~*~ <br />• `~/ <br />~ rBT6 <br />Roy Romer <br />Governor <br />Michael B. long <br />D ivifion Director <br />Board of County Commissioners August 19, 1993 <br />Kiowa County <br />Box 591, <br />Eads CO. 81036 <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 $175 ~o~r^thp,following <br />M83-112 7/~~ -f-/ <br />M83-113 ~,~~~~ <br />M83-115 :~-r t,~tc~rc`fi <br />M83-116.,,~~"~~T~ <br />M83-119 ~~CrN. .y/J1~'..e.%!- <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. I <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 <br /> <br />STATF. OF COLORADO <br />conf i nt <br />\~\`~ <br />