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«M-298S <br />February 12,2004 <br />Page 2 <br />List of Exhibits <br />A - Variance application form and: <br />1-21-04 Letter of transmittal from Rachel Igel <br />1-21-04 Memo of request from Rachel Igel. <br />B - SWMP Map Excerpt Identifying Wetland LL-612 <br />C - City 1974 Wetland Inventory Map <br />D - Airphoto of Site <br />E - Survey/Site Plan/Grading Plan <br />F - John Smyth Comments Memo 2/3/04 <br />G - Kjolhaug Wetland Delineation report excerpts (11-1-02) <br />H - Kjolhaug Memo to MCWD 11-6-02 re: No-Loss Determination and Wetland Restoration <br />I -11-25-03 Rachel Igel letter to MCWD re: project <br />J - MCWD 12-19-03 Permit Approval Letter to Applicant <br />K - MCWD Notice of WCA Decision Packet <br />L - Property Owners List <br />M • Plat Map <br />N • Code Excerpts Pertinent to Wetland Alterations <br />O - Orono SWMP Excerpts: Sectior. 3, Wetlands Management <br />P - Standard Flowage and Conservation Easement <br />Background <br />The property contains a small wetland which was modified in the 1950's (based on airphoto evidence) by <br />dredging to make it deeper. The wetland since that time has generally had the characteristics of an open <br />water pond. A residence has existed on the property since 1963, undergoing numerous remodels and <br />additions since its original construction. <br />As a result of legal vegetation removals by the neighboring propeity owner to the west, the applicant ’s view <br />over the pond area has changed, and now he views the neighboring residence rather than a wooded area. <br />Because the far shore of the pond is on the neighboring propeity. applicant is proposing fill in a portion of <br />the pond just inside his property boundary to create a “berm", which will allow the establishment of <br />wooded vegetation to regain some of the wooded character of the lot and provide a buffer to the <br />neighboring propeity. It may be somewhat ironic that the neighbor may have removed the vegetation to <br />gain a view of the pond, and the current proposal would tend to negate the impacts of that activity. <br />Prior to the Wetland Conservation Act(WCA)in the early 199C's,generallytheonlyfillingof wetlands <br />approved by Orono had been for the purpose of providing access to property. Orono's first wetland <br />protection ordinance was enacted in 1964, and prohibited filling without a permit approval from the <br />Council. The protection ordinance was strengthened considerably in 1970 by acknowledging the public <br />benefits of wetlands.