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9 you work all the way up to where our property line meets between your property and mine at the peak of the mountain. Mr. Cohn said one of the things that Grabowski suggested was to put a fence on the property line and it was to prevent any runoff to the other property so if it was a few inches over, it was done to protect Mr. Kessler’s property. The work that was done was for the installation of the seepage tanks and that work was ten to 15 feet offset west of the property line. • Andy Kessler asked, did you remove all the underbrush from your property line at the peak of the mountain going towards your house. Mr. Cohn said yes. • Andy Kessler asked, you indicated that you were aware that water was going down the mountain at 29 prior to doing your project, is that correct. Mr. Cohn said yes to his understanding. • Andy Kessler asked, how did you know that, did you observe that. Mr. Cohn said yes, he observed it before the work was started. • Andy Kessler asked, are you aware that prior to your project, water has never flowed down the mountain. Mr. Cohn said he is not aware of that. • Andy Kessler asked, during the excavation portion of this construction, was there more water going down the mountain. Mr. Cohn said there was no more water going down during the excavation. • Andy Kessler asked, didn’t the water start going down the mountain once you removed all the shrubbery and growth that was protecting the mountain from having the water go down. Mr. Cohn said there was an 8 to 10 feet berm that was stopping the water from going down the mountain. • Andy Kessler asked. the wall that was built, how close was it to the peak of the mountain. Mr. Cohn said he is not sure what he means by the peak of the mountain but it is 15 feet away from Mr. Kessler’s property line. • Andy Kessler asked, isn’t that a violation of the steep slope ordinance that you built a wall 15 feet from the peak. Mr. Cohn said from his understanding is that it’s temporary and that it is in full compliance with the ordinance. • Jerry Sweeny asked. is the 36-inch elliptical pipe located on the property 40 Eagle Ridge Way. Mr. Cohn said yes. • Jerry Sweeny asked, was that installed by Grabowski by your request. Mr. Cohn said they got the SCD directive to clean the debris out of the ditch and install rip rap. Grabowski got to the easterly end and saw the broken pipe; he decided to replace the

by your request. Mr. Cohn said they got the SCD directive to clean the debris out of the ditch and install rip rap. Grabowski got to the easterly end and saw the broken pipe; he decided to replace the broken circular pipe with the elliptical pipe. Grabowski explained to him that elliptical pipe is more environmentally sensitive and slows velocity and Mr. Cohn believed it was a good idea. • Jerry Sweeny asked, was that part of a storm water management plan. Mr. Cohn said it was installed because of the directive from the SCD to cleanup the debris in the ditch and install the rip rap and he took that directive with the broken pipe to replace the broken pipes. • Jerry Sweeny asked, did the SCD order that the pipe be replaced. Mr. Cohn said no they did not specifically order it. The directive was about removing debris and that’s the way Grabowski interpreted it and when SCD came and saw it, they said add it to the SCD plan. • Jerry Sweeny asked, what does the 36-inch elliptical pipe connect to. Mr. Cohn said on the south end, the drainage ditch that originates from the Crystal Point wooden parcel and goes under Eagle Ridge Way and then daylights at 40 Eagle Ridge Way, water flows down there. Water also flows from all the storm basins on Eagle Ridge Way, which is fed by water run off on Eagle Ridge Way as well as water running off from high points of Crystal Point. This goes into the drainage ditch and as it goes eastward towards Llewellyn