Re: Addison and Adelaide Minott, Green River, Guilford, Vermont, Dismissal Order, Docket No. SAP-97-03 (Nov. 6, 1997)



State of Vermont

WATER RESOURCES BOARD

Re: Addison and Adelaide Minott, Green River, Guilford, Vermont

Docket No. SAP-97-03

DISMISSAL ORDER

I. BACKGROUND

On July 14, 1997, Addison and Adelaide Minott ("Appellants") appealed the Department of Environmental Conservation's denial of their application for a stream alteration permit. The Appellant's application, SAP #1-0345, was filed in conjunction with a request to make certain repairs and improvements to an historic 110-foot long timber crib dam on the Green River in the Town of Guilford. The Board's authority to hear the appeal is set forth at 10 V.S.A. 1024(a).

On October 6, 1997, the Appellants filed a request to withdraw the appeal. On October 22, 1997, the Agency of Natural Resources ("ANR") submitted a copy of a "Settlement Agreement" among ANR, the Appellants and the Agency of Commerce and Community Development ("ACCD") to the Water Resources Board's legal counsel.(1) ANR supported the Appellants withdrawal of the appeal. ACCD, which sought to intervene as a party due to the Division for Historic Preservation's interest in protecting the historic value of the crib dam, also supported the Appellants withdrawal as indicated in its filing of October 24, 1997.

On November 3, 1997, John W. Kessler, General Counsel for the ACCD, filed a waiver of findings of fact and conclusions of law in the referenced matter, otherwise required as the basis for any written decision pursuant to Water Resources Board Rule of Procedure 29(A). Attorney Kessler represented in the November 3rd filing that both the Appellants and the ANR concurred in the waiver.

On November 4, 1997, the Water Resources Board deliberated with respect to this matter. The matter is now ready for a decision.

II. ORDER

1. The Board hereby grants the Appellants' request to withdraw the appeal.

2. The Department of Environmental Conservation's denial of Stream Alteration Permit Application # SA-1-0345, dated June 30, 1997, is binding and is reinstated as a final order.

3. Water Resources Board Docket # SAP-97-03 is hereby DISMISSED.



Dated at Montpelier on this 6th day of November, 1997.



WATER RESOURCES BOARD



/s/ William Boyd Davies

___________________________

William Boyd Davies



Concurring:

Gail Osherenko

Ruth Einstein

Jane Potvin

Gerry Gossens

1. The Settlement Agreement was reviewed by Board counsel but has not been forwarded to the Board. Therefore, in granting the Appellants' request to have the appeal withdrawn, the Board has neither reviewed the terms of the parties' Settlement Agreement nor relied upon it in any way.