RE: Barden Gale and Melanie Gale Amhowitz, Docket No. CUD-99-01 (DEC #98-340) (Application of Gary and Paula Warner, Colchester, Vermont ), MEMORANDUM OF DECISION AND ORDER, RE: MOTION TO ALTER (Sept. 1, 1999)



State of Vermont

WATER RESOURCES BOARD

RE: Barden Gale and Melanie Gale Amhowitz

Docket No. CUD-99-01 (DEC #98-340)

(Application of Gary and Paula Warner, Colchester, Vermont )



MEMORANDUM OF DECISION AND ORDER

RE: MOTION TO ALTER

On July 16, 1999, the Water Resources Board ("Board") issued its Findings of Fact, Conclusions of Law, and Order in the above-captioned matter. The Board affirmed the decision of the Agency of Natural Resources ("ANR") to issue Conditional Use Determination DEC #98-340 to Gary and Paula Warner, allowing them to establish a lawn and garden area on their residential lot in the Lost Cove subdivision and within the buffer zone of a Class Two wetland in the Town of Colchester, Vermont ("Project"). In so doing, however, the Board amended a condition imposed by the ANR requiring monitoring and control of nuisance plant species within the wetland's buffer zone.

On August 3, 1999, the ANR filed a Motion to Alter, asking the Board to further amend the condition to require the CUD Applicants to monitor for nuisance plant species during early July of each year.

On August 6, 1999, the Chair of the Board issued an Order advising the parties of receipt of the ANR's Motion to Alter and providing them with an opportunity to file any objections on or before August 17, 1999. On August 17, 1999, the Applicants, Gary and Paula Warner, con-sented to the requested relief. On August 18, 1999, the Appellants, Barden and Melanie Gale Amhowitz, also consented to the substance of the ANR's Motion to Alter.

The Board deliberated with respect to the parties' filings at its meeting on August 31, 1999. The Board granted the ANR's request and agreed to amend its Order of July 16, 1999, to address the substance of the ANR's request.

Accordingly, it is hereby ordered that:

1. The ANR's Motion to Alter is granted.

2. Condition 1 of the Board's Findings of Fact, Conclusions of Law, and Order at 22 (July 16, 1999, is amended to read as follows:

The ANR's decision to issue DEC #98-340 is affirmed. All conditions of that decision are effective and of full force, with the exception of Condition 1(F), which is amended to read as follows:

1(F) For five years following the execution of the Project, the CUD Applicants shall monitor the buffer zone on Lot #14 no later than July 15th of each year for the presence of nuisance plant species purple loosestrife (Lythrum salicaria) and common reed (Phragmites australis). All nuisance plants found shall be pulled by hand and disposed of by burial or burning in a location outside the wetland and its buffer zone. Additionally, all equipment used in the implementation of the Project shall be cleaned so as to contain no observable soil or vegetation prior to work in the wetland buffer zone to help prevent the spread of invasive species.

2. In all other respects, the Board's Findings of Fact, Conclusions of Law, and Order (July 16, 1999) remains in full force and effect. Jurisdiction over this matter is returned to the ANR.

Dated at Montpelier, Vermont, this 1st day of September, 1999.



WATER RESOURCES BOARD

/s/ Gerry Gossens

Gerry Gossens, Chair

/s/ William Boyd Davies

William Boyd Davies *

/s/ Jane Potvin

Jane Potvin

* Member Davies has participated in this decision pursuant to 3 V.S.A. 849.