RE:  Calkins Sand & Gravel, Inc., Declaratory Ruling Request #230, Findings of Fact, Conclusions of Law, and Dismissal Order (December 1, 1995)
     
                     VERMONT ENVIRONMENTAL BOARD
                        10 V.S.A. Chapter 151
     
                         
     Re:  Calkins Sand & Gravel, Inc.
          Declaratory Ruling Request #230
     
     
      FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DISMISSAL ORDER
     
     I.   SUMMARY OF PROCEEDINGS
     
       On April 4, 1990, Calkins Sand & Gravel, Inc. ("Petitioner") filed a
  petition for a declaratory ruling concerning whether Act 250 applies to its
  sand and gravel pit located off Route 14 in Coventry.  The Petitioner
  disagreed with the conclusions of the District Coordinator and the
  Executive Officer that a permit is required because of substantial changes
  to the pre-existing gravel operation since 1970.
     
       On May 25, 1990, a prehearing conference was convened by Environmental
  Board Chair Stephen Reynes.  At the prehearing, the Petitioner requested an
  evidentiary hearing before the full Board rather than a hearing officer or
  hearing panel.  On July 6, 1990, the Board issued a Memorandum of Decision,
  deciding that the evidence in this appeal would be heard by a hearing panel
  of the Board.
     
       On August 2, 1990, a hearing panel of the Environmental Board convened
  a hearing in Coventry.  The following persons participated in the hearing:
     
          Calkins Sand & Gravel, Inc. by Charles D. Hickey, Esq.
          Coventry Board of Selectmen by Paul Galapee
     
       On August 17, 1990, the Petitioner filed with the Board Proposed
  Findings of Fact and Conclusions of Law.
     
       On June 13, 1991, the Board hearing panel deliberated in this matter.
     
       A Proposal for Dismissal and a proposed decision were sent to the
  parties on May 18, 1995, and the parties were provided an opportunity to
  file a Motion to Revoke Proposal for Dismissal with the full Board.  On
  June 14, 1995, the Petitioner filed a Petition to Revoke Proposal for
  Dismissal ("Petition to Revoke"). 
     
       On July 6, 1995, the Petitioner filed a Petition to Vacate Advisory
  and Executive Opinions and to Dismiss this  Action. ("Petition to Vacate"). 
  On August 25, 1995, upon consideration of the Petition to Revoke, the Board
  revoked Chair Ewing's May 18, 1995 Proposal for Dismissal. 
     
       On October 2, 1995, Chair Ewing convened a prehearing conference via
  telephone.  Only the Petitioner participated.  

       In an October 3, 1995 letter, Chair Ewing advised the Petitioner's
  counsel, Charles D. Hickey, Esquire, that the Board did not contemplate any
  enforcement action against the Petitioner in light of Cynthia Cook's
  October 31, 1989 letter to Paul Calkins and/or the Petitioner's failure to
  seek a land use permit prior to the date of Land Use Permit #7R0932.  Based
  upon Chair Ewing's letter, the Petitioner withdrew, with prejudice, its
  April 4, 1990 petition for a declaratory ruling in this matter.  
     
       On November 29, 1995, following a review of this proposed decision and
  the evidence and arguments presented in the case, the Board declared the
  record complete.  This matter is now ready for decision.  To the extent any
  proposed findings of fact and conclusions of law are included below, they
  are granted; otherwise, they are denied.
     
     II.  FINDINGS OF FACT
     
       1.   On October 3, 1995, Petitioner withdrew with prejudice, it's
  April 4, 1990 declaratory ruling request in this matter ("Withdrawal").
     
       2.   No objections to the Withdrawal have been submitted by the
  parties.
     
     III. CONCLUSIONS OF LAW
     
       The Petitioner has voluntarily withdrawn this declaratory ruling
  request for the reasons set forth in the Summary of Proceedings section.
     
       Dismissal of this matter is not contrary to the values embodied in Act
  250.
     
     IV.  ORDER
     
       This matter is DISMISSED WITH PREJUDICE.
     
       Dated at Montpelier, Vermont this 1st day of December, 1995.
     
     
                              ENVIRONMENTAL BOARD
     
                              s/s John T. Ewing                              
     
                              _________________________
                              John T. Ewing, Chair
                              John M. Farmer
                              Arthur Gibb
                              Marcy Harding                      
                              Samuel Lloyd
                              William Martinez
                              Rebecca M. Nawrath                 
                              Steve E. Wright
     
     
     
     
     c:\decision\calkins.004 (v)