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t67 a. Stockpiles were scattered over the property. Under the TR, an initiative 16s was made to consolidate those stockpiles, and where possible stockpiles t69 were oriented North to South to aid in breaking high wind velocity that t7o rake the site and could have a detrimental affect on revegetation t71 activities. 17z b. Stockpiles were graded to blend with surrounding topogrs~phy and at t73 3h:1 v slopes, to allow for manipulation for revegetation activities. t74 Therefore, whether removed or retained, the site reclamation could 175 proceed over the majority of the lands affected South of Coal Creek. t76 c. Stockpiles were identified and located on a map adequate for that t77 purpose, in order to secure and define those resources to avoid potential t7s confusion and possible conflict in subsequent corr~munications t~9 concerning the same. tso d. Pre-law and affected land unrelated to Varra's activities, were reclaimed 1sl voluntarily by Varra as a good faith gesture. ls2 e. Ripping in furrows was offered to break up compacted lands and create ts3 improved conditions for broadcast seeding. The furrows created by the ts4 ripping were oriented North to South to aid against the detrimental effects t85 of high winds prevalent at this location near the Front Range. The ts6 ripping was initiated in the TR at additional expense to Varra, and the ts7 justifications and benefits freely detailed therein. 188 f. Due to high winds and stony soils, mulch was anticipateci to be an ts9 ineffective means to establish vegetation and therefore, an unwarranted t9o expense. Amore practical and effective alternative was chosen, in t9t consultation with the Soil Conservation Service and the Office, the t92 justification and benefits of which were clearly detailed in the TR. t93 CONTRARY TO THE CITY'S CLAIM OF 21 APRIL 1995 [ITEPd #10] - NO t94 INTEGRITY OR GOOD INTENT WAS COMPROMISED BY ANYONE t9s CONCERNED WITH TH1S CONSIDERATION! 196 g. The City seems to deliberately misrepresent the intent of establishing a t97 fair warranty on the part of Varra in its 25 January 199:> [Item #1] t9s correspondence, by purposefully extracting a phrase from the TR -out of t99 context. The City suggests the permit was compromised by the 20o statement..."excavation may then continue over the site without 20l further concern..." The TR actually reads..."...without .any further 2oz concern or need to adjust financial warranty. At the time of i.he TR, this 203 statement was entirely consistent with the terms of the 21 Feh~ruary 1995 zoa inspection report. Regardless, financial warranty will be adjusted, and 2os _ _ ,Varra is.actively negotiating.an.appropriate.amount with the Office. zob h. Finally, the seed mixture was improved to reflect more native species of 20~ grasses likely or known to occur on the subject soil or aipproximate Correspondence to Bruce Humphries, Colorado Office of Mined Iand Reclamation, of 2] July 1995 5 for Varra Companies, Inc. from Bradford Janes, Professional Forester.