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Mayor Barbara Peterson Orono City Council Page 4 July 15,2002 38 feet further toward the wetland and built his slopes 25% sleeper than the City CUP allowed. If the “expansion of the fill area” laterally was required at all. it was required to improve drainage conditions Mr. Stephenson created in violation of the City ’s permit. 5. Mr. Munson characterizes Mr. Stephenson ’s work as an improvement to the wetland buffer and drainage characteristics of the site. Whether the current conditions are better than the natural conditions Mr. Stephenson destroyed is questionable but irrelevant. Mr. Stephenson had a permit to install a hill with a 4 to one slope over a limited area on the condition that he install silt fences and keep his activities outside the wetland buffer. Mr. Stephenson clear-cut and filled twice as much land as his permit covered, failed to install silt fences, drove construction equipment in the wetland buffer, and installed a hill w ith a slope that is steeper than the approved 4 to one slope and the steepest permissible slope of 3 to one. 6. Mr. Munson again characterizes the difference between the finished slope, which “appears to be approximately 2.9,” as “unintentional ” and a “slight discrepancy ” with the “required” 3 to one slope. The facts are (a) the slopes appear to be as steep as 3 to 2, (b) Mr. Stephenson knew or should have known the fill substantially exceeded the permit, and (c) the slope required by the permit the City issued on the basis of plans Mr. Stephenson submitted was 4 to one. 7.Mr. Stephenson is responsible for his actions and for the actions of his consultants, suppliers, and contractors. Mr. Stephenson presents himself as a victim of the City, the hauler who brought the fill to his site, and his wetland delineator. According to Mr. Stephenson, Mr. Stephenson clear cut and filled twice as much land as his permit covered, failed to install and maintain silt fences, installed fill in the wciiand buffer, in his side yard setback and on his neighbor’s property, and drove construction equipment in the wetland buffer because (a) the City provided an inaccurate topographic survey, (b) the hauler would not stop hauling, and (c) his wetland delineator erred. If it is true that all or any of these parties victimized Mr. Stephenson, Mr. Stephenson should seek redress from those parties. None of Mr. Stephenson ’s excuses, if true at all, justify his violations of the CUP. C. Whether or not the City has the authority to issue the permits Mr. Stephenson seeks, the City should not issue those permits. In our July 8 letter to the City, we alleged procedural irregularities that may render Mr. Stephenson ’s application invalid. Specifically, the copy of the 350-foot notice map the City provided for my review and the survey Mr. Stephenson submitted with his application did not include all of properties Mr. Stephenson altered. These are technical arguments Mr. Chalfen will investigate further if necessary. The City 2234362v3