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.. <br />Mrs. Phyllis Ary <br />January 24, 1992 <br />Page Four <br />3~-32-103. Definitions. As used in this <br />article, unless the context otherwise <br />requires: <br />(10) "Operator" means any person, firm, <br />partnership, association, or corporation, or <br />any department, division, or agency of <br />federal, state, county, or municipal <br />government engaged in or controlling a mining <br />operation. <br />The penalties and enforcement provisions of the Colorado Mined Land <br />Reclamation Act fall almost entirely upon the "Operator." <br />I am sure there are other defenses, but I think you <br />should assert these during Mr. Posey's investigation, in order that <br />the Mined Land Division can be fully informed before any <br />administrative "action" (See 24-4-102, C.R.S.) is concluded. I <br />believe it would be in the interest of A & S Construction Co. to <br />advise the Mined Land Reclamation Division that we believe <br />proceeding against A & S Construction Co. upon these facts may well <br />be grounds for recovery of attorney fees under Part 1, Article 17, <br />Title 13, C.R.S. <br />I suggest you give Mr. Posey a copy of this letter and <br />enclosures as soon as possible. <br />V y truly yo , <br />M.E~acDougall ~~/ <br />MEM:slj <br />Enclosure <br />