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Environmental Court Appeal Review
on the Rivers Development, LLC Rock Quarry in Moretown
Schedule
- January 12, 2009: Water - Rivers (Rich Rivers,Gunner,Prasch,Nelson),
ANR (Bean, Morrison),Neighbors (Maynard, Hendrickson)
- January 13, 2009: Water - Neighbors (Don Maynard)
- 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
- February 15, 2005 - Information Conference with Judge Wright
- May 14, 2007 - In person Conference with Judge Durkin
- August 13, 2007 - In person Conference with Judge Durkin
- September 24, 2007 - First Site Visit with Judge Durkin
- November 19, 2007 - Second Site Visit with Judge Durkin
- 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)
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- July 14, 2008: In person Conference at Environmental Court to discuss
scheduling and status. Discovery schedule and December hearing dates
were determined.
- September 2, 2008 - Phone conference to discuss consolidation of
appeal of Direct Discharge denial with other appeals.
- November 24, 2008 - In person conference to discuss schedule and
outstanding motions.
- 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
- 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.
- Monday, December 15, 2008: Blasting - Rivers (Tim
Rath) Neighbors (Art Hendrickson)
- Tuesday, December 16, 2008: Completed cross of Hendrickson on blasting
and conducted direct and cross of Rook and Guldberg, Rivers' air
experts.
- Wednesday, December 17, 2008: Noise - Town and Neighbors experts
Ken Kaliski and Roberta Barone
- Thursday , December 18, 2008: Completed Criteria 2 & 3 and associated
Moretown Zoning regulations. Rivers' expert Jeff Nelson and Neighbors'
expert Don Maynard.
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