RE:  John and Marion Gross, Land Use Permit #5W1198-EB (Amended)(April 27, 1995)





CASE NO.:    5W1198-EB                  LAWS/REGULATIONS INVOLVED:
APPLICANT: John and Marion Gross        10 V.S.A. Chapter 151
ADDRESS:    by Stephen Reynes, Esq.               (Act 250)
            16 State Street
            P.O. Box 1254
            Montpelier, Vermont  05601-1254

       The Vermont Environmental Board hereby issues Amended Land Use Permit
  #5W1198-EB pursuant to the authority vested in it by 10 V.S.A Chapter 151. 
  This permit applies to the lands identified in Book 31, Page 419, of the
  Land Records of the Town of Roxbury, Vermont, as the subject of a deed to
  John and Marion Gross (the Permittees) as grantees.  This permit amends the
  conditions of Land Use Permit #5W1198 (the Permit), which authorizes the
  Permittees to install and operate a gravel crusher plant.  The project is
  located at a gravel extraction site located off Route 12A in the Town of
  Roxbury, Vermont.

       The Permittees, and their assigns and successors in interest, are
  obliged by this permit to comply with the following conditions:

       1.   The project shall be completed, operated and maintained in
  accordance with:   (a) the terms and conditions of Land Use Permit #5W1198,
  except as amended hereby; (b) the plans, exhibits, and testimony submitted
  by the Permittees to the Environmental Board; (c) Findings of Fact and
  Conclusions of Law #5W1198-EB; and (d) the conditions of this permit.  No
  changes shall be made in the project without the written approval of the
  District #5  Environmental Commission. 

       2.   To the extent Findings of Fact and Conclusions of Law #5W1198 are
  inconsistent with Findings of Fact and Conclusions of Law #5W1198-EB, the
  latter shall control.

       3.   Condition #8 is deleted from the Permit and new Condition #8 is
  added to read:

       8.   The following shall apply to the gravel crusher plant:

       a.   On the tract subject to this permit, the Permittees may process
  through the crusher plant a maximum of 15,000 cubic yards of material in a
  year. 

       b.   Hours of operation will be from 9:00 a.m. to 3:00 p.m., Monday
  through Friday.  

       c.   The crusher plant will be operated no more than 20 hours during a
  calendar week.  

       d.   No operation will take place between January 1 and April 30 of
  each calendar year.

       e.   The crusher plant may not be operated more than a total of 15
  days during the months of July and August of each year.

       f.   The Permittees shall maintain the crusher plant in the location
  represented to the Board.  Such location is shown on Exhibit #A5 to the
  Board proceeding, which is a site plan entitled "Gross Sand and Gravel Pit,
  Dust and Noise Sampling," prepared by New England Air Quality Testing,
  dated August 8, 1994.

       g.   As they have proposed, the Permittees shall maintain a log of
  hours of crusher plant operation.  The Permittees shall maintain the log on
  the form which they have proposed (copy attached).  The Permittees  shall
  make the logs reasonably available for review by State of Vermont and Town
  of Roxbury officials.  Failure to maintain the log accurately shall
  constitute a violation of this permit.

       h.   As they have proposed, the Permittees shall place all stockpiles
  of material (including but not limited to crushed stone or topsoil) within
  the excavated area of the tract subject to this permit.

       4.   Condition #13 is deleted from the Permit and new Condition #13 is
  added to read:

       13.  During the months of July and August of each year, no material
  excavated at another location may be brought onto the tract which is
  subject to this permit.

       5.   Condition #14 is deleted from the Permit and new Condition #14 is
  added to read:

       14.  This permit shall expire on March 10, 2005, unless extended by
  the District #5 Commission.


       Dated at Montpelier, Vermont this 27th day of April, 1995.


                         ENVIRONMENTAL BOARD



                         \s\Arthur Gibb              
                         Arthur Gibb, Acting Chair
                         Lawrence H. Bruce, Jr.*
                         John T. Ewing
                         Lixi Fortna
                         Samuel Lloyd*
                         William Martinez
                         Robert G. Page
                         Steve E. Wright*

  *See dissents and concurrences attached to Findings of Fact and
  Conclusions of Law #5W1198-EB.

Attachment:  Log Form

gross.pmt (a21)