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•01-2985 <br />February 12,2004 <br />Page 2 <br />List of Exhioils <br />A ' Variance application form and: <br />1-11*04 Letter of transmittal from Rachel Igcl <br />1-21-04 Memo of request from Rachel Igel <br />B - SWMP Map Excerpt Identifying Wetland LL-612 <br />C - City 1974 Wetland Inver.iory Map <br />D - Airphoto of Site <br />E - SurveyCite Plan/Grading Plan <br />h - John Smyth Comments Mem.o 2/3/04 <br />G - Kjolhaug Welland Delineation report excerpts (11-1-02) <br />H - KJoIhaug Memo to MCWD 11*6*02 re: No-l^ss Determination and Wetland Restoration <br />I - 11*25*03 Rachel Igel letter to MCWD re: project <br />J * 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 WctLjid Alterations <br />O - Orono SW>3* Excerpts; Section 5, Wetlands Management <br />P - Standard Flou agc and Conservauon Easement <br />Background <br />The property contains a small wetland which was modified in the 1 950 ’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 property 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 w ooded area. <br />Because the far shore of the pond is on the neighboring property, applicant is proposing fill in a portion of <br />the pond just inside his pro^'cny boundary to create a “berm", which will allow the establishment of <br />wooded vegetatron to regain some of the wooded character of the lot and provide a buffer to the <br />neighboring property. 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 />Pnor to the Wetland Conservation Act (WCA) in the early 1990 ’s, generally the only filling of wetlands <br />approved by Orono had been for the purpose of providing access to property. Orano’s first wetland <br />protection ordinance was enacted in 1964, and prohibited filling without a pennit approval from the <br />Council The protection ordinance was strengthened considerably in 1970 by acknowledging the public <br />benefits of wetlands.