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~~ III II IIIIIIIIIIIIII °~ T~`~ ~~'~' Moy ~ ~~ ~ ~~•. United States Forest Grand Mesa, Uncompahgre and 2250 Highway 50 '~~f Department of Service Gunnison National For ests Delta, Colorado Agriculture 81916 970-874-6600 (TTY/TDD) 970-874-6660 File Code: 6570 Date: September 22, 1997 David Ballode, President Telluride Gravel, Inc. P.O. Bor. 445 Ilium, CO E1435 PEP.SONALLY DELIVERED Dear Mr. Ballode: Reference is made to the October 5, 1994, letter from District Ranger P.ichard P. Cook, transmitting Bill for Collection No. E275. The bill, for $566,190, was for "mineral trespass/resource damage" which occurred on approximately seven acres of National Forest System lands within the Norwood P.anger District. B}' letter, dated October 31, 1994, you expressed }•our desire to negotiate the claim "in good faith and arrive at settlement." Enclosed is a proposed Memorandum of Understanding (MOU) for your review and signature. The MOU is based on your letter and subsequent discussions with Mr. Cook. As you were previously advised, authority for settlement of this claim is vested in the United States Attorney. Upon receipt of your concurrence, we will refer the matter to the U.S. Attorne}', and recommend the claim be compromised as proposed in the MOU, rather than litigated. We must emphasize that the MOU constitutes only the framework for settlement, and that the provisions of settlement need to be more fully developed. Therefore, the US Attorney will work with Telluride Gravel, Inc., to develop an appropriate consent decree to be filed with the court. A consent decree will protect both parties by precluding any further claims by any party relative to the referenced trespass/resource damage. The referenced Bill for Collection will be cancelled after completion of the work described in the consent decree. ,~., Caring for the Land and Serving People /v [] •.., S Printetl on Regdetl Paper FS~20D-2Bb (12/93)