State of Vermont 

Superior Court—Environmental Division 

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E N T R Y R E G A R D I N G M O T I O N 

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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 PostIrene 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