EX DD 22 20250112 Ltr to Andy Jane Kessler re Berm and Trees of Heaven

adversarial actions that have hindered resolution. While we remain committed to addressing any issues within our control, the runoO from upstream properties remains beyond our control or responsibility. As a downhill property owner, I cannot be responsible for what is caused by run-oO from properties above me. Despite these challenges, we have undertaken additional measures, including engaging multiple engineers to review the situation, all of whom concur that the stormwater flow is an eOect of the amount of runoO from the street and the condominium. This has resulted in substantial financial and time investments on our part. I finally retained Collier’s Engineering to do a site plan for my property (which is very expensive and will collect the runoO from my backyard lawn and overflow to the pre-existing seepage pits that were already designed to collect all impervious). The work proposed on the Site Plan will not change or capture the runoO originating upstream and flowing down the drainage ditch, nor are we responsible to do so. Colliers also developed a mitigation strategy that should have been done by the condominium or the Township Back in July, Colliers fully designed an outflow control structure with a scour hole to be placed at the end of the ditch before the stormwater continues its path over the side of the mountain. Richard Trenk instructed the Township engineer to dismiss this proposed interim measure without consideration. Since we are under a Stop Work Order, this control structure was never installed. We were willing to explore alternative solutions that would address this runoO that involved the cooperation of all parties, including the Township, Crystal Pointe and Llewelyn Park but were rebuOed by Richard Trenk who apparently wanted us to solve Llewelyn Park’s pre-existing and long running drainage issues which is a ridiculous posture. The land use law is well settled in this area. Even HEPSCD was trying to find such a solution on the upstream source of the runoO into the ditch (See Fig. 3. Above). No one from the Township expressed any interest in exploring the true source of the water flowing down to your property or developing a real global solution; or they were instructed not to, thinking that they could force us to resolve the issues belonging to other property owners. The cost for an engineering analysis of the condominium property and the

on; or they were instructed not to, thinking that they could force us to resolve the issues belonging to other property owners. The cost for an engineering analysis of the condominium property and the street, together with the municipal catch basins and municipal structures would be astronomical, and any remedial work would have to be performed on the condominium property. The thought process that this could be visited on a property owner just because we improved our property, unrelated to the pre-existing oOsite condition is ludicrous. Nevertheless, while not required to do any work on the stormwater flowing down the ditch, we instructed Colliers to include this previously refused outflow structure on the Site Plan to demonstrate our commitment to be a participant in a good faith resolution of the problem. We hope to move forward constructively. We are willing to meet and review our plans with you to ensure clarity and address any concerns you may have. Regarding Trees of Heaven (TOH): -3-