                                     State of Vermont
                          Superior Court—Environmental Division

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                   ENTRY REGARDING MOTION
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In re Chaves Londonderry Gravel Pit                              Docket No. 60-4-11 Vtec
(Appeal of Act 250 District 2 Environmental Commission Decision)

Title: Motion to Postpone Trial Pending the Termination of the Hurricane Irene Emergency
Quarry Exemption (Filing No. 3)
Filed: October 11, 2011
Filed By: David Grayck, Attorney for Cross-Appellants Riverside Farm and Thomas Ettinger

Response in agreement filed on 10/20/11 by Hans Huessy, Attorney for Interested Persons
  Kraig Hart and Doreena Hart
Response in opposition filed on 10/24/11 by C. Daniel Hershenson, Attorney for Appellants
  Chaves Londonderry Gravel Pit and David Chaves


 ___ Granted                   X Denied                   ___ Other


        Chaves Londonderry Gravel Pit, LLC and David Chaves (“Appellants”) appeal the
District 2 Environmental Commission’s (“the Commission”) March 4, 2011 Findings of Fact and
Conclusions of Law concerning an Act 250 permit they obtained, subject to certain conditions,
for the operation of a pre-existing quarry in Londonderry, Vermont. They also appeal the
Commission’s April 11, 2011 Memorandum of Decision on Appellants’ Motion to Alter.
Thomas Ettinger, individually and as a representative of Riverside Farm (“Cross-Appellants”),
cross-appeals.
        Cross-Appellants have now filed a motion to postpone trial pending the termination of
the Hurricane Irene Emergency Quarry Exemption (“the Exemption”) issued by the Vermont
Natural Resources Board (“NRB”). In order to ensure that material was available for road and
infrastructure repair post-Irene, the Exemption suspended enforcement of extraction limits,
allowing for the reopening of closed rock quarries and gravel pits and consenting to
unpermitted extraction.
       Cross-Appellants argue that during the exemption period, while Appellants’ quarry is
meeting the emergency needs of the state, material facts will change and trial would needlessly
waste client and judicial resources. However, the NRB has now terminated the Exemption,
stating that as of November 15, 2011, all gravel and rock quarries must come into full
compliance with Act 250 permitting requirements. See Natural Resources Board Updated Post-
Irene Emergency Protocol: Gravel and Rock Fill, available at www.nrb.state.vt.us/lup.
       Accordingly, as of November 15, 2011, Appellants’ quarry will no longer be working
under the Exemption to meet Vermont’s emergency needs. Thus, the premises upon which
In re Chaves Londonderry Gravel Pit, No. 12-1-11 Vtec (EO on Motion to Postpone Trial)(11-03- 2011) Pg. 2 of 2.


Cross-Appellants’ motion is based are moot. We therefore DENY the motion to postpone trial
pending the termination of the Exemption.




_________________________________________                                          November 3, 2011      _
       Thomas S. Durkin, Judge                                                          Date
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Date copies sent to: ____________                                            Clerk's Initials _______
Copies sent to:
  C. Daniel Hershenson, Attorney for Appellants Chaves Londonderry Gravel Pit and David Chaves
  David Grayck, Attorney for Cross-Appellants Riverside Farm and Thomas Ettinger
  Hans Huessy, Attorney for Interested Persons Kraig Hart and Doreena Hart
  Cross-Appellant Nancy Kemper
  Interested Person Angelique Jarvis
  Interested Person David A. Jarvis
  Interested Person David M. Rathburn
  For Informational Purposes Only Vermont Natural Resources Board/Land Use Panel
  For Informational Purposes Only Agency of Natural Resources
