State of Vermont Superior Court—Environmental Division

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In re Chaves Londonderry Gravel Pit Dock et No. 60-4-11 Vtec (Appeal of Act 250 District 2 Environmental Commiss ion Decision)

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

Response in agreement filed on 10/20/11 by Hans Hue ssy, Attorney for Interested Persons Kraig Hart and Doreena Hart Response in opposition filed on 10/24/11 by C. Dani el 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 Commiss ion”) March 4, 2011 Findings of Fact and Conclusions of Law concerning an Act 250 permit the y obtained, subject to certain conditions, for the operation of a pre-existing quarry in Londo nderry, Vermont. They also appeal the Commission’s April 11, 2011 Memorandum of Decision on Appellants’ Motion to Alter. Thomas Ettinger, individually and as a representati ve of Riverside Farm (“Cross-Appellants”), cross-appeals. Cross-Appellants have now filed a motion to postpon e trial pending the termination of the Hurricane Irene Emergency Quarry Exemption (“th e Exemption”) issued by the Vermont Natural Resources Board (“NRB”). In order to ensur e that material was available for road and infrastructure repair post-Irene, the Exemption sus pended 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 pe riod, 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 an d rock quarries must come into full compliance with Act 250 permitting requirements. S ee Natural Resources Board Updated PostIrene Emergency Protocol: Gravel and Rock Fill, ava ilable at www.nrb.state.vt.us/lup. Accordingly, as of November 15, 2011, Appellants’ q uarry will no longer be working under the Exemption to meet Vermont’s emergency nee ds. Thus, the premises upon whichIn re Chaves Londonderry Gravel Pit, No. 12-1-11 Vt ec (EO on Motion to Postpone Trial)(11-03- 2011) P g. 2 of 2.

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

_________________________________________ November 3, 2011 _ Thomas S. Durkin, Judge Date

=================================================== ========================== Date copies sent to: ____________ Clerk's Initials _______ Copies sent to: C. Daniel Hershenson, Attorney for Appellants Chave s Londonderry Gravel Pit and David Chaves David Grayck, Attorney for Cross-Appellants Riversid e 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 Reso urces Board/Land Use Panel For Informational Purposes Only Agency of Natural Re sources