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PROPOSED FINDINGS AND PERMIT WHEREAS the DNR permit 50-8 which permitted creation of the existing harbor and channel imposed as a condition thereon that the same "shall be considered public waters and shall be left open and unobstructed for navigation by the public", Paragraph IV thereof. WHEREAS the present channel depth of less than half that re- quired in the permit constitutes an obstruction to navigation by the public and is therefore violative of the public interest. WHEREAS the Flood Plain purposes of the City of Orono are not adversely affected by maintenance of the channel since the absence of such maintenance will not preserve wetlands as its poli^ies require. WHEREAS non -dredging which may convert wetlands from public waters is not a stated objective of the City's ordinances. WHEREAS non -dredging may not create wetlands or even if it does that the process may entail years of open, stagnant water with mos- quito bret— :nrj, stench and other ;ossible nuisance aspects injurious to riparian owners and t' public. WHEREAS, current DNR rules as a matter of general policy dis- favor dredging and channeling in public waters make express exception for maintenance dredging of channels to existing boat harbors, 6 MCAR §1.5022 H.2.b. W11EREAS, the DNR rules reflect a policy to protect the existing natural character of public waters and their existing shorelands and that doing so meets the Orono requirement of showing the applicant's interest as being in the public interest, 6 MCAR S1.5022 A. entitled Policy and General Restri tions. WHEREAS the existing harbor and channel constitute a pre-existing non -conforming use and the request for maintenance dredging therefore constitutes maintenance of a non -conforming use rather than its en- largement or replacement and therefore complies with City ordinances governing non -conforming uses. WHEREAS continued use of the harbor for boat docking rather than construction of a long dock on the shallows lakeward from other riparian access of the applicant mitiyat.es visual imposition of visible