RE:  Fonte Slate Quarry, Declaratory Ruling # 331, Findings of Fact, 
Conclusions of Law, and Dismissal Order  (Nov. 20, 1996)


                         VERMONT ENVIRONMENTAL BOARD
                           10 V.S.A. §§ 6001-6092

Re:    Fonte Slate Quarry
       Declaratory Ruling # 331

                    FINDINGS OF FACT, CONCLUSIONS OF LAW,
                             AND DISMISSAL ORDER

       On September 20, 1996, Gary and Cecilia Sharon ("Petitioners") filed
  an appeal from Jurisdictional Opinion #1-S-7 in which the District #1
  Environmental Commission's Coordinator determined that 10 V.S.A. §§
  6001-6092 ("Act 250") did not apply to the Fonte Slate Quarry ("Quarry"). 
  The Quarry pre-existed Act 250 and is not abandoned. The Quarry is located
  on a 103 acre tract of land located on the west side of Vermont 31 on the
  boundary between Poultney and Wells, Vermont.

       On October 24, 1996, Environmental Board ("Board") Chair, John T.
  Ewing, convened a prehearing conference in this matter at the Board s
  Montpelier office.  During the prehearing, Chair Ewing emphasized that the
  Board's inquiry in a declaratory ruling proceeding in which an appeal has
  been taken from a district coordinator's jurisdictional opinion, only
  concerns whether Act 250 jurisdiction applies.  Chair Ewing further noted
  that despite the Petitioners  contentions regarding unsafe highway
  conditions near the Quarry, the Vermont Legislature had severely limited
  the Board's jurisdiction over slate quarries which preexisted Act 250 and
  which have not been abandoned.

       On November 1, 1996, the Petitioners filed a letter with the Board
  acknowledging the Board's limited jurisdiction in the present case.  The
  Petitioners reiterated that their principal concerns relate to the
  hazardous road conditions near the Quarry, and not over the propriety of
  the District #1 Coordinator's jurisdictional determination.  Accordingly,
  the Petitioners withdrew their appeal.

       The Board deliberated with respect to this matter on November 20, 1996
  and decided that dismissal of this matter is not contrary to the values
  embodied in Act 250. Consequently, this matter is dismissed with prejudice.

       Dated at Montpelier, Vermont on this 20th day of November, 1996.


                           ENVIRONMENTAL BOARD



                           _________________________
                           John T. Ewing
                           Arthur Gibb
                           Becky Nawrath
                           Marcy Harding
                           Robert G. Page, M.D.
                           John Farmer
                           William Martinez
                           Steve E. Wright
                           Samuel Lloyd