RE:  Husky Injection Molding Systems, Inc., Docket No. MLP-98-06
(Mar. 30, 1999)
     
                         State of Vermont
                      WATER RESOURCES BOARD
     
     
     RE:  Husky Injection Molding Systems, Inc. 
          Docket No. MLP-98-06 (DEC #98-13)
          (Arrowhead Mountain Lake, Milton, VT)
     
     
                  DISMISSAL ORDER              
     
     This decision pertains to a Notice of Withdrawal of Appeal
in the above-captioned matter.  For the reasons stated below, the
Board dismisses this appeal of encroachment permit DEC #98-13. 
             
     I. BACKGROUND
     
      On October 27, 1998, the Department of Environmental
Conservation("DEC"), Agency of Natural Resources ("ANR") issued Permit
#98-13("Encroachment Permit") to Husky Injection Molding Systems,
Inc.,("Husky"), authorizing the construction of a new bridge over
Arrowhead Mountain Lake in the Town of Milton, Vermont ("Project").
The Encroachment Permit was issued pursuant to 29 V.S.A. ch. 11
"Management of Lakes and Ponds statute").
     
     On November 3, 1998, the Water Resources Board ("Board")
received a notice of appeal filed by John L. Franco, Jr., Esq., on
behalf of his clients, the Building and Construction Trades Council of
South Burlington ("BCTC"); Richard Prisco of Milton, VT; Bryan
Bouchard of Milton, VT; Alan Cadorette of Milton, VT; Jeffery Towne of
Milton, VT;Kenneth Cassidy of Milton, VT; Jeffrey Provost of Milton,
VT; Kevin Barron of Milton, VT; Scott Carleton of Milton, VT; Chris
Bressette of Milton, VT; Michael Hathaway of Milton, VT; Kenneth Smith of
Burlington, VT; and Kathleen Richland of Cambridge, VT(individually and collectively 
"Appellants"). This appeal was filed pursuant to 29 V.S.A.  406(a).  
     
     A notice of this proceeding was issued on November 5, 1998, and the Board's Chair 
convened a prehearing conference on December 7, 1998.
 
    The Chair issued a Prehearing Conference Report and Order on December 14, 1998.
     
     The Chair made party status rulings, both in the Prehearing Conference Report and Order and in a Chair's Preliminary Ruling issued
on January 13, 1999.  These were modified by the Board in a Memorandum of Decision issued on February 22, 1999.  Those persons granted
party status were: all of the individual Appellants listed above from the Town of Milton ("Milton Appellants"); Husky; the ANR/DEC;
Town of Milton ("Town"); Town of Milton Planning Commission ("Town Planning Commission"); and Chittenden County Regional Planning 
Commission ("CCRPC").  The BCTC and Agency of Commerce and Community Development ("ACCD") were each allowed to participate as
amicus curiae.  Kenneth Smith and Kathleen Richland were deemed to lack the requisite standing.
     
     The Memorandum of Decision also contained the Board's rulings on various other preliminary issues set forth in the Prehearing
Conference Report and Order and briefed by the parties and party status petitioners.
     
     On March 4, 1999, the Board's Chair convened a second prehearing conference by teleconference.  At this prehearing
conference, attorney Franco advised the Chair and the parties that his clients the Milton Appellants had decided to withdraw their appeal and that a
notice of such withdrawal had been sent that day to the parties.
     
     On March 5, 1999, the Milton Appellants filed their Notice of Withdrawal of Appeal.
     
     On March 9, 1999, the Chair issued a Second Prehearing Conference Report and Order.  The order set forth deadlines for the
filing of any objections to dismissal of this matter, requests for oral argument, and objections to issuance of a dismissal order without
findings of fact, conclusions of law, and order.  No party filed written objections or requests for oral argument.
     
     On March 30, 1999, the Board deliberated with respect to the Notice of Withdrawal of Appeal and voted to dismiss this matter.
     
     II. ORDER
     
     There being no objections to dismissal of this appeal based on the Milton Appellants' Notice of Withdrawal of Appeal, it is
hereby ordered:  
     
     1.  The Milton Appellants' Notice of Withdrawal of Appeal is granted.
     
     2. Docket No. MLP-98-06 is dismissed.  The decision in DEC #98-13, dated October 27,  1998, is declared binding and final. 
     
     3. Jurisdiction is returned to the Department of Environmental Conservation, Agency of Natural Resources.
     
     
     Dated at Montpelier, Vermont this 30th day of March, 1999.
     
     
                                   WATER RESOURCES BOARD
     
                                   /s/ William Boyd Davies
                                   William Boyd Davies, Chair
     
     Concurring:
     Ruth Einstein
     Gerry Gossens
     Gail Osherenko
       
     Recused: 
     Jane Potvin