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2os Location. This selection was based upon consultation with this Office, the 209 Soil Conservation Service, Soil Conservation Service publications, and 21o private publications and documents. The nature and character of this z11 choice, including the choice to Broadcast seed, is clearly evidenced in 21z the TR. The 21 April 1995 [Item #9] correspondence has the City 213 claiming that Crested 1lVheatgrass is excessive -when it comF~rises only 5 214 percent of the mixture. It worries about salt in clay, when more zls commonly, salt is more likely to evidence itself on irrigated pasture land, 216 not on unirrigated upland range. 217 z1s 8. The City's 21 April 1995 correspondence comprises the first and major 219 assault on the TR, as approved by the Office, and later ratified by the Board in 22o May. Additional distortions, emotive color words, and clear misrepresentations 221 abound in this letter. It is revealing, but not, in our opinion, in a rnanner that 222 flatters the individuals who represent it. 223 22a The Office's well written, highly detailed, thoroughly justified, and markedly z25 professional rebuttal of 3 Mav 1995 went virtually unanswered and ignored by 226 the Ci .The City has seized procedure, and like a sequel to a B horror movie, 227 it's back. The City has yet to retort to the Office's 3 May 1995 correspondence zzs while pursuing procedural courses to challenge Varra's every move:, no matter 229 how benign or well intended. 230 23 t At the informal hearing, the City indicated its desire to discard its 21 April 1995 z3z correspondence, and replace it with something new and improved. Turf farms 233 have been working on that formula for years. This is pivotal stuff. 1'he 21 April 234 1995 correspondence has had its effects, up to the present date. The effects z3s have not been pleasant for Varra, and have digested considerable resources z36 on the part of all involved. The allegations that comprise the 21 April 1995 23~ correspondence from the City of Boulder should not be ignored. 238 239 With respect to any technical element to be considered, Varra will rely in part 240 on any and all materials contained within the Office file for M-77-39:3. Further, zal appropriate technical materials, including publications and documents of the 242 Soil Conservation Service, which support the technical merits of tlhe TR and 243 Varra's activities at the Jenkins Site. 244 z4s It is our expressed understanding based upon the Informal Conference, that 246 the issues under consideration will not expand beyond those raised in the zap City's correspondence of 21 April 1995, and specifically, confined to four topics 248 of Soil, Grading, Vegetation, and Bonding. It is our understanding that this 249 correspondence will be given full consideration by the Board, and that Varra Correspondence to Bruce Humphries, Colorado Office of Mined Land Reclamation, of 21 July 1995 6 for Varra Companies, Inc. from Bradford Janes, Professional Forester.