RE:   Lake Bomoseen Association, Inc., Docket No. CUD-98-05 (DEC
     #96-502)(January 6, 1999)
        
     
                         State of Vermont
                       WATER RESOURCES BOARD
     
     RE:   Lake Bomoseen Association, Inc.
           Docket No. CUD-98-05 (DEC #96-502)
     
                          DISMISSAL ORDER 
                                   
      On October 20, 1998, the Lake Bomoseen Association ("LBA" or
     "Appellant") appealed to the Water Resources Board ("Board") a
     decision of the Secretary of the Agency of Natural Resources
     ("Secretary"), denying a Conditional Use Determination ("CUD") for
     Application #96-502, filed by the Facilities Engineering Division of
     the Department of Environmental Conservation ("Facilities Engineering,
     DEC").  The CUD Application requested permission for the annual
     drawdown of Lake Bomoseen ("the Lake") by twelve inches (12") for the
     purpose of alleviating winter damage to shoreline structures.  This
     appeal was filed pursuant to 10 V.S.A. 1269 and Section 9 of the
     Vermont Wetland Rules ("VWR").
     
      A notice of this proceeding was issued on November 4, 1998, and a
     prehearing conference was held on November 23, 1998.  A Prehearing
     Conference Report and Order was issued on November 30, 1998.
     
      On December 15, 1998, the Appellant filed a cover letter and Request
     for Dismissal pursuant to Board Procedural Rule 21.  In this request,
     the Appellant waived both oral argument and the requirement of Board
     Procedural Rule 29(A) that decisions of the Board contain findings of
     fact and conclusions of law.
     
      On December 18, 1998, the Chair issued a memorandum to the parties
     and party status petitioners advising them of this filing and giving
     them until 4:30 p.m., December 29, 1998, to file any requests for oral
     argument or objections to the Request for Dismissal.  No such requests
     or objections were filed.
     
      Accordingly, on January 5, 1999, the Board deliberated with respect
     to the pending Request for Dismissal and hereby issues the following
     ORDER:
     
     1. This appeal is DISMISSED.  
     2. The decision of the Secretary denying CUD Application #96-502,
     dated October 2, 1998,  is declared binding and final. 
      
      Dated at Montpelier, Vermont, this 6th day of January, 1999.
     
     
     Concurring: Ruth Einstein                    WATER RESOURCES BOARD
                 Gerry Gossens
                 Gail Osherenko                   /s/ William Boyd Davies
                 Jane Potvin                      William Boyd Davies,
                                                  Chair