Mad River Neighborhood Association

Environmental Court Appeal Review on the Rivers Development, LLC Rock Quarry in Moretown

March 25, 2010 - Judge Thomas Durkin has denied Rivers Development LLC the permits needed for the proposed quarry. The decision is available here.

This decision contains more denials than the decisions from the Act250 and DRB decisions that Rivers was hoping to overturn. As more facts came out, the more it was clear that 100B should remain Quarry Free. Hopefully this strong message will convince Rivers Development to not execute his last appeal option to the Supreme Court.

Read our March 29, 2010 Press Release describing key elements from this Environmental Court decision.

May 3, 2010 - Rivers Development LLC filed a Motion to Alter. Neighbors Have until June 4, 2010 to file a response.

June 2, 2010 - VTRANS letter to Environmental Court

June 4, 2010 - Neighbors and Town's responses to Rivers Motion to Alter

Thanks for all your support these last 6 years!

Schedule and Post Hearings Filings

• March 27, 2009 - the below Proposed Findings of Fact and Conclusions of Law were filed.
  • Neighbors
    • Background
    • Blasting and Fkyrock
    • Noise Impacts
    • Water
    • Traffic
    • Visual Aesthetics and Scenic Beauty
    • Air Pollution
    • Equestrian Operations
    • The Neighbors
    • Miscellaneous Conclusions of Law (Property values and 'undue')
      
  • Town of Moretown's Proposed Findings and Conclusions of Law
    
  • Rivers Development, LLC (warning - large file)
    
  • Agency of Natural Resources
    
    
• April 27, 2009 - the below Replies to Proposed Findings of Fact and Conclusions of Law were filed.
  • Neighbors' Reply to Rivers’ Proposed Findings of Fact and Conclusions of Law
  • Neighbors' Reply to ANR's Proposed Findings of Fact and Conclusions of Law
  • Town of Moretown's Reply to Rivers’ Proposed Findings of Fact and Conclusions of Law
  • Rivers' Reply to All Parties
    • Affidavits of James Caffry and Richard Rivers
  • Public Service Board Decisions Referenced in Rivers' Reply
    • GMP Docket 5823.5-16-96
    • UPC Wind.Docket 7156.8-8-07
    • UPC Wind.Docket 7156.3-24-09
  • ANR's Reply to Neighbors
    
    
• May 6, 2009 - Joint filing from Rivers Development LLC, Town of Moretown and Neighbors regarding negotiated revisions to Rivers Development LLC's and the Town of Moretown's Proposed Findings of Fact
  • Stipulation regarding the below revisions
  • Town of Moretown's Revisions to Proposed Findings and Conclusions of Law
  • Rivers Development LLC's Revisions to Reply to All Parties

Past Merit Hearings - Environmental Court

1. 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 (Project history and evolution, general operating procedures and parameters)
   
2. 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 of Rivers’ Witness Roger Dickinson regarding the Project’s traffic impacts.
   
3. 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.
   
4. 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.
   
5. 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.
   
6. 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.
   
7. Thursday, February 21, 2008: Direct and Cross Examination of Town/Neighbors’ fact witnesses: Steve Sharp, Denise Sanders, Beverly McMullin, Bob McMullin, Karen Sharpwolf, Jack Byrne, Rob Dansker, John Gallagher and Art Hendrickson. Note - a second day for Town/Neighbors’ fact witnesses will be scheduled later.
   
8. 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.
   
9. Monday, December 8, 2008: Continue cross examination of Rivers’ witness Leo Laferriere regarding wildlife habitat and forest health. Completed direct of Rivers' witness Richard Heaps regarding fiscal impacts - criteria 6,7,9(A) and 9(H). Started cross examination of Heaps
   
10. 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.
    
11. Monday, December 15, 2008: Blasting - Rivers (Tim Rath) Neighbors (Art Hendrickson)
    
12. Tuesday, December 16, 2008: Completed cross of Hendrickson on blasting and conducted direct and cross of Rook and Guldberg, Rivers' air experts.
    
13. Wednesday, December 17, 2008: Noise - Town and Neighbors experts Ken Kaliski and Roberta Barone
    
14. Thursday , December 18, 2008: Completed Criteria 2 & 3 and associated Moretown Zoning regulations. Rivers' expert Jeff Nelson and Neighbors' expert Don Maynard.
    
15. Monday, January 12, 2009: Water - Rivers' experts Gunner McCain, Dan Prasch and Jeff Nelson.
    
16. Tuesday, January 13, 2009: Water - Complete cross of Jeff Nelson (Rivers) and complete direct and cross of Don Maynard (Neighbors)
    
17. Wednesday, January 14, 2009: Neighbor Fact Witnesses (Hendrickson and Sanders), Town Fact Witness Randy George.

Past Conferences - 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
5. November 19, 2007 - Second site visit
6. January 16, 2008 - In person conference with Judge Durkin
7. April 28, 2008 - Phone conference with Judge Durkin
8. July 14, 2008 - In person Conference at Environmental Court to discuss scheduling.
9. September 2, 2008 - Phone conference to discuss consolidation of appeal of Direct Discharge denial with other appeals.
10. November 24, 2008 - In person conference to discuss schedule and outstanding motions.

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