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1 <br /><' <br />r, <br />/' <br />R. H. PECK, P.G. <br />Mr. Dean R. Massey <br />Re: Permit No. C-81039 <br />February 10, 1993 <br />Page 2 <br />As I understand the matter, Although our discussions have talked about <br />the fact that the $25,000.00 is being forfeited to the State of <br />Colorado, according to Kent Gorham this is not really the case and, in <br />the end, if any funds remain and after all work is done, whatever is <br />left will be remitted to your client. <br />The above proposal would afford my client the maximum protection it <br />could have at this time and would not involve your client in the <br />administrative process of determining these disbursements. <br />On the other hand, my client is perfectly willing to wait and handle <br />this in the normal administrative manner. This would mean that just as <br />soon as the snow was off the property and it could be reasonably <br />inspected (hopefully sometime in early May), all parties would have an <br />opportunity to look over the situation and attempt to reach a <br />determination or agreement as to how much weed spraying needed to be <br />done and who should bear the cost for it. Thereafter, that process <br />could continue until my client Eelt itself sufficiently in control of <br />the situation that any remaining amounts could be quantified with some <br />degree of comfort. <br />Concerning the dissemination of these weeds across the property, my <br />client believes: <br />1. That had an appropriate weed control plan been involved in the <br />reclamation process, these weeds would have been controled for <br />relatively little cost right where they first appeared. <br />2. That while these types of weeds appear fairly generally across the <br />subject property, their origin was clearly in the disturbed areas <br />and therefore are the responsibility of the operator. <br />3. That it will take a concerted effort over a period of four to five <br />years to gain full control of these weeds. <br />It is indeed true that there is no place you can go in Northwestern <br />Colorado on a sheep ranch and not find some weeds, but the amount of <br />the weeds in this area is dramatic and vastly different from what is <br />observed on the rest of the ranch. <br />