NOW COMES John Miller, 969 Red Rock Rd, Colchester, VT 05446, by and through his counsel, David L. Grayck, Esq., and he files this appeal pursuant to 10 V.S.A. Chapter 64 (including 10 V.S.A. §§ 1976 and 1977); State of Vermont, Agency of Natural Resources, Department of Environmental Conservation, Drinking Water and Groundwater Protection Division, Environmental Protection Rules, Chapter 1, Wastewater System and Potable Water Supply Rules, Effective: April 12, 2019 ("EPR Chapter 1"); the "DELEGATION AGREEMENT BETWEEN THE VERMONT AGENCY OF NATURAL RESOURCES AND THE TOWN OF COLCHESTER" dated February 25, 2016 (the "Delegation Agreement"); Colchester On-Site Sewage Disposal and Potable Water Supply Regulations, (Ord. of 5-14-13) (the "Colchester Regulations"); 10 V.S.A. Chapter 220 (including 10 V.S.A. §§ 8503(K) and 8504(a)); and Vermont Rule of Environmental Court Procedure 5.
Mr. Miller appeals from (a) the application by Cyrus Patten, 35 West Red Rock Road, Colchester, VT 05446, to subdivide "an existing 8.81 acre parcel with an existing single family residence that is serviced by a drilled well and mound wastewater disposal system into two lots; Lot 1 is the remainder of the subdivision and is proposed to be 6.97 acres and contains an existing single family residence and its existing potable water and wastewater disposal systems, Lot 2 is proposed to be 1.84 acres and have a proposed 3-bedroom single family residence to be served by a drilled well water supply and a mound wastewater disposal system utilizing an Innovative/Alternative treatment system to be located at 35 West Red Rock Road, Colchester, Vermont" (the "Application"); and (b) the approval of the Application by Permit Number WW- C-0870 issued on May 31, 2022 by "Julia S. Moore, Commissioner, Department of Environmental Conservation" by "Karen Adams, Wastewater Official Town of Colchester, Vermont" ("Permit WW-C-0870").
Permit WW-C-0870 is filed as Exhibit 1 and is incorporated into this Notice of Appeal. The Delegation Agreement and the Colchester Regulations are filed as, respectively, Exhibit 2 and Exhibit 3. Mr. Miller is an interested person and is an aggrieved person with respect to the Application and the issuance of Permit WW-C-0870.
TO ALL INTERESTED PERSONS: In order to participate in this appeal, you must enter an appearance in the Vermont Environmental Court within twenty-one (21) days of receiving this Notice of Appeal. Notices of Appearance should be mailed to Jennifer Teske, Court Office Manager, Vermont Superior Court—Environmental Division, 32 Cherry Street, Suite 303, Burlington, VT 05401.
Dated this 24th day of June 2022.
By:/s/David L. Grayck, Esq.,