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Mad River Neighborhood Association
Environmental Court Appeal Review on the Rivers Development, LLC Rock Quarry in Moretown
Schedule
  1. January 12, 2009: Water - Rivers (Rich Rivers,Gunner,Prasch,Nelson), ANR (Bean, Morrison),Neighbors (Maynard, Hendrickson)
  2. January 13, 2009: Water - Neighbors (Don Maynard)
  3. January 14, 2009: Water - Neighbors (Don Maynard), Neighbor Fact Witnesses (Allen, Farley, Hendrickson, Sanders), Town Fact Witnesses not completed in December

Unless otherwise noted, hearings are at the Environmental Court and start promptly at 9:00 a.m.

Topics requiring completion are Water and ANR permits (criteria 1 and 4 and associated Moretown Zoning regulations) and Fact Witnesses' Testimony.

Past Conferences/Hearings - Environmental Court

    1. February 15, 2005 - Information Conference with Judge Wright
    2. May 14, 2007 - In person Conference with Judge Durkin
    3. August 13, 2007 - In person Conference with Judge Durkin
    4. September 24, 2007 - First Site Visit with Judge Durkin
    5. November 19, 2007 - Second Site Visit with Judge Durkin
    6. Tuesday February 12, 2008: Opening Statements by all parties. Direct and Cross Examination of Richard Rivers, Jr. Direct and Cross Examination of Rivers’ Witness Gunner McCain (Mr. McCain will testify on several days regarding different aspects of the project, with the first day being limited to the Project history and evolution, general operating procedures and parameters)
    7. Wednesday, February 13, 2008: Continuation of Cross Examination of Rivers’ Witness Gunner McCain regarding project history and evolution, general operating procedures and parameters. Direct and Cross Examination of Rivers’ Witness Gunner McCain regarding the Project’s curb cut on Route 100B. Started direct o Rivers’ Witness Roger Dickinson regarding the Project’s traffic impacts.
    8. Thursday, February 14, 2008: Direct and Cross Examination of Rivers’ Witness Peter Guldberg regarding the Project’s noise impacts at the Site and Moretown Elementary School.
    9. Friday, February 15, 2008: Direct and Cross Examination of Rivers’ Witness Gunner McCain regarding the existing Vermont equine farms operating in proximity to sources of noise. Direct and Cross Examination of Rivers’ Witnesses Joe Sprano, Lynn Peeples and Martha Price regarding equines. Direct and Cross Examination of Neighbors’ Witnesses Michael and Tina Mauss, Alice Peal, Barbara Ferris, Gael Jacobson and Beverly McMullin.
    10. Tuesday, February 19, 2008: Direct and Cross Examination of Rivers’ Witness Gunner McCain regarding the reclamation plan, potential future uses of the Project Site. Direct and Cross Examination of Rivers’ Witness Terry Boyle regarding aesthetics and conformance with the Town Plan.
    11. Wednesday, February 20, 2008: Direct and Cross Examination of Town/Neighbors’ Witness David Raphael regarding aesthetics and conformance with the Town Plan. Direct and Cross Examination of Rivers’ Witness Leo Laferriere regarding wildlife habitat and forest health.
    12. Thursday, February 21, 2008: Direct and Cross Examination of Town/Neighbors’ fact witnesses. A second day for Town/Neighbors’ fact witnesses will be scheduled later.
    13. Friday, February 22, 2008: Complete Direct and Cross Examination of Rivers’ Witness Roger Dickinson regarding the Project’s traffic impacts. Direct and Cross Examination of Town/Neighbors’ Witness Michael Oman regarding the Project’s traffic impacts.
    14. April 28, 2008: Phone conference with Judge Durkin. Scheduling remaining hearings has been delayed due to Rivers needing more time for his air study and ANR permit process. Next check in on status of work and scheduling is planned for July 14, 2008.
    15. July 14, 2008: In person Conference at Environmental Court to discuss scheduling and status. Discovery schedule and December hearing dates were determined.
    16. September 2, 2008 - Phone conference to discuss consolidation of appeal of Direct Discharge denial with other appeals.
    17. November 24, 2008 - In person conference to discuss schedule and outstanding motions.
    18. Monday, December 8, 2008: Continue cross examination of Rivers’ witness Leo Laferriere regarding wildlife habitat and forest health. Completed direct of Rivers' witness Ricahrd Heaps regarding fiscal impacts - criteria 6,7,9(A) and 9(H). Started cross examination of Heaps
    19. Tuesday, December 9, 2008: Fiscal criteria - completed cross of Richard Heaps and conducted direct and cross of Craig Elwell; Town Fact Witnesses providing testimony on use of 100B included: Matt Strassberg, Peter Oliver, Elaine Parker (Bike Vermont), Bruce Talbot, Clark Amadon and Susan Werntgen.
    20. Monday, December 15, 2008: Blasting - Rivers (Tim Rath) Neighbors (Art Hendrickson)
    21. Tuesday, December 16, 2008: Completed cross of Hendrickson on blasting and conducted direct and cross of Rook and Guldberg, Rivers' air experts.
    22. Wednesday, December 17, 2008: Noise - Town and Neighbors experts Ken Kaliski and Roberta Barone
    23. Thursday , December 18, 2008: Completed Criteria 2 & 3 and associated Moretown Zoning regulations. Rivers' expert Jeff Nelson and Neighbors' expert Don Maynard.
Updated: 12/18/08

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