RE: Mt. Mansfield Co., Inc d/b/a Stowe Mountain Resort, Land Use Permit Amendment #5L1125 and 10R-EB (Base Lodge), Memorandum of Decision and Order (Sep. 25, 1996) VERMONT ENVIRONMENTAL BOARD 10 V.S.A. §§ 6001-6092 Re: Mt. Mansfield Co., Inc d/b/a Stowe Mountain Resort and the State of Vermont, Department of Forests, Parks and Recreation, Land Use Permit Amendment #5L1125 and 10R-EB (Base Lodge) MEMORANDUM OF DECISION AND ORDER On December 28, 1995, the Environmental Board issued Findings of Fact, Conclusions of law and Order ( Decision ). On March 27, 1996, the Board issued altered findings of fact and conclusions of law and order ( Altered Decision ). Section V, Paragraphs 3 and 4 of the Decision and the Altered Decision provide as follows: 3. The findings of fact and conclusions of law contained herein shall remain in effect, pending issuance or denial of a permit, until June 30, 1996. 4. The findings of fact and conclusions of law in the Partial Findings and the Revised Partial Findings which do not pertain to Phase II non-winter uses under Criteria 5, 8, 8(A) and 9(K) shall remain in effect, pending issuance or denial of a permit, until June 30, 1996. On July 2, 1996, Mount Mansfield Company, Incorporated ( Mansfield ) filed a Request to Amend ( Request ). Mansfield seeks to amend the dates set forth in paragraphs 3 and 4 above from June 30, 1996" to December 31, 1996". On July 23, 1996, in a Memorandum of Decision, the Board s Chair, John T. Ewing, advised the parties and other interested persons that the Board would entertain oral argument concerning the Request on July 31, 1996. On July 31, 1996, the Board convened argument. Mansfield, by Robert A. Apple, Jr., argued in support of the Request. No parties appeared in opposition. Upon consideration of the Request and argument related thereto, it is hereby ORDERED that Section V, Paragraphs 3 and 4 of the Altered Decision shall provide as follows: 3. The findings of fact and conclusions of law contained herein shall remain in effect, pending issuance or denial of a permit, until December 31, 1996. 4. The findings of fact and conclusions of law in the Partial Findings and the Revised Partial Findings which do not pertain to Phase II non-winter uses under Criteria 5, 8, 8(A) and 9(K) shall remain in effect, pending issuance or denial of a permit, until December 31, 1996. Dated at Montpelier this 25th day of September, 1996. ENVIRONMENTAL BOARD s/s John T. Ewing _______________________ John T. Ewing, Chair Arthur Gibb Samuel Lloyd John M. Farmer William Martinez Robert G. Page, M.D. Steve E. Wright