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. , . LINDQUIST & VENNUM P.�.�.P. Ms. Marcie Wallingford January 4, 2005 Page 2 and displacing between 45 cubic yards and 158 cubic yards of soils material (Rule B §3(a)). Consequently the application for an erosion control permit was appropriate under Rule B. By contrast, none of the DeVries' work involves the wetland on the property. The existing wetland is protected by a Flowage and Conservation Easement and Waiver of Damages to Orono dated October 4, 1982, filed as Document No. 1484358. I enclose a copy of the easement along with a partial copy of the plat of West Fox showing the location of the wetland. Since no part of Rule D applies to the work the DeVries' are proposing to do, no new conservation easement is required nor may be requested by the MCWD. In that regard Renae Clark's letter and memorandum of December 17, 2004 to the DeVries' are in error. The proposed revisions to your rules do not chan�e this aspect of them. I hereby request that you promptly issue the Erosion Control Permit requested by the DeVries' pursuant to application no. 04-644, and that you correct the error and delete the requirement that a new conservation easement be granted on the wetland on this property. Understanding that only an erosion control permit was necessary on the property, the DeVries, their building contractor and the City of Orono have moved forward to substantially demolish portions of the interior of the existing house pursuant to and Orono demolition permit to get ready to begin the remodeling promptly. The project is presently being held up by the MCWD not issuing the Erosion Control Permit applied for. I hereby request that you expedite the issuance of the Erosion Control Permit so that the DeVi-ies' can obtain thcir final building permit from the City of Orono to follow throu�h with the remodeling of the house on the property. Orono will not issue the buildin� permit (which has otherwise been approved for issuance by Orono) until it receives from you the Erosion Control Permit for the property and a coirection of Renae Clark's letter to the effect that there is no MCWD requirement that an additional conservation easement be granted. Thank you. i�o�# i��x��m�