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The main difference is we are not involved in construction other than permitting. We continue to <br />assert that we are not guaranteeing the swale will eliminate flooding in the area. However, given <br />that design is being made by the property owners, we bear no responsibility in that. <br />Since a contractor is on site working on the construction of a house at 2728 Edgerton Street, the <br />involved property owners have determined that they would like to have this contractor dig the Swale. <br />They have jointly applied for the excavating permit to dig a swale similar in size to that originally <br />proposed as shown on the attached sketch. The proposed swale is located in the same area as the <br />original swale; however, it is narrower and longer than that originally proposed. <br />Recommendation <br />I recommend approval of the excavating permit to construct a swale at the rear property lines of 627 <br />Keller Parkway and 2718 Edgerton Street subject to the following conditions: <br />1. Silt fence be installed along the north end of the swale to prevent sediment from reaching the <br />creek. <br />2. No grading or excavation should occur in the creek area. <br />3. The area be seeded or covered with sod as soon as possible to reduce soil erosion in the area. <br />4. The necessary parties will provide stipulation for dismissal without prejudice from the <br />lawsuit entitled William John Schmidt vs. the City of Little Canada, Ramsey Court file <br />number 62 -C7 -02 -694 prior to commencement of the work. <br />I3:AGregS \Fill Permits \Sclunidt- Sprosty -Keo' Swale.doo <br />2 <br />