Ruling at 22. See Appeal at 2. Both potential visual and noise impact issues were not appealed and are thus joined for adjudication. According to the Applicant, the issue of community character should not be separately addressed. I find that parsing out community character by addressing only potential visual and noise impacts unduly excludes a thorough review of the proposed mine impacts on the community setting.
Intervenors propose to call local officials and others as witnesses regarding community character.
See generally Intervenors' Reply at 12-14. Matter of Jackson v. New York State Urban Dev. Conclusion For the foregoing reasons, the ALJ's ruling to include community character as an adjudicable issue is affirmed in all respects.