In re: Nulhegan River Basin, Petition to Designate Waters as Outstanding Resources Waters, ORW-98-01 and Petition for Reclassification from Class B to Class A Waters, #16-1 (Sept. 16, 1999)

State of Vermont

WATER RESOURCES BOARD

DISMISSAL ORDER

RE: Nulhegan River Basin Docket Numbers:

Petition to Designate Waters as ORW-98-01

Outstanding Resource Waters & Reclassification #16-1

and

Petition for Reclassification from Statutory Authorities:

Class B to Class A Waters 10 V.S.A. §1424a (ORW)

& 10 V.S.A. §1253 (Reclassification)

I. BACKGROUND

On October 27, 1998, the Water Resources Board ("Board") received two petitions pertaining to the Nulhegan River, its tributaries, and all other waters within the Nulhegan Basin ("Nulhegan Waters"). One petition seeks an adjudication by the Board in the context of a contested case proceeding that the Nulhegan Waters be designated as Outstanding Resource Waters ("ORW") pursuant to 10 V.S.A. §1424a, and the other requests that the Board reclassify the Nulhegan Waters from their present classification as Class B waters to Class A, pursuant to 10 V.S.A. §1253.

The petitioners in the referenced matters are a combination of environmental advocacy groups including the Vermont Natural Resources Council, Inc. ("VNRC"), the National Audubon Society, Vermont Audubon Council, Northeast Kingdom Chapter of Audubon (collectively "Audubon"), Vermont Chapter of Sierra Club ("Sierra Club"), and numerous individual petitioners (collectively referred to as "Petitioners").

II. DISCUSSION

On September 14, 1999, Petitioners filed a written "Request to Withdraw" with the Board. The Request to Withdraw pertains to both the ORW Petition as well as the Petition to Reclassify the Nulhegan Waters as Class A. Petitioners have communicated their intention to withdraw the petitions to the Agency of Natural Resources and the Conservation Fund/Vermont Land Trust, as well as to each of the other participants in these matters. While the Board has not provided an opportunity for all parties to comment on the Petitioners' Request, it is my understanding that no party objects to the withdrawal of these petitions. Should any party object to this Chair's ruling dismissing the above-referenced matters, such party may seek full Board review pursuant to Water Resources Board Rule of Procedure 23 by filing an objection not later than 4:30 p.m. on Friday, October 1, 1999.

III. ORDER

Having reviewed the Request to Withdraw and having found no reason to compel the proceeding to go forward, the Board hereby grants Petitioners' Request.

1. Docket Number ORW-98-01 is hereby dismissed.

2. The Board will discontinue all activity with reference to the proposed

reclassification docketed as Reclassification #16-1.

Dated at Montpelier, Vermont on this 16th day of September, 1999.

WATER RESOURCES BOARD

/s/ Gerry F. Gossens

_________________________

Gerry F. Gossens

Chair