On February 3, 2021, Rice Lumber Company, Inc. and Rice Realty, Inc. filed an Act 250 application for a project generally described as a subdivision to create Lots 4A and 5A in the Rice Lumber PUD; PUD lot line adjustments; and extraction of approximately 78,200 CY of rock to remain and be re-graded within the PUD project site, and to be removed off-site. The project includes drilling and blasting over a ± 35-day duration and is located at 4188 Shelburne Road in Shelburne, Vermont. This project will be evaluated by the District 4 Environmental Commission in accordance with the 10 environmental criteria of 10 V.S.A., § 6086(a). A copy of the application and plans for this project are available for review online at the Natural Resources Board web site (http://nrb.vermont.gov) by clicking on "Act 250 Database" and entering project number 4C0824- 4A.
Pursuant to Act 250 Rules 16 and 20, the Commission is convening an online prehearing conference ("PHC"). A PHC, in summary, has narrow goals and is designed to identify the parties and the issues. The PHC will be followed by the issuance of a Prehearing Conference Report and Order ("PHCRO"), which will prescribe any informational filing requirements and preliminary party status rulings.
Note to Prospective Parties: Pursuant to Vermont statute and Act 250 Rules, any person seeking to participate as a party to this proceeding MUST make such a party status request "on or before the first prehearing conference." Accordingly, all prospective parties are obligated to log in or call into the PHC scheduled below, or to file a written party status petition in advance to the Commission at NRB.Act250Essex@vermont.gov. Failure to timely appear on the PHC call or video conference call, or to timely file a written request by the date of the PHC, thereafter bars a person from participating as a party in the proceeding, and any such person will thereafter lack legal standing to appeal any decision on this matter made by the District Commission. Due to the coronavirus (COVID-19) State of Emergency, all prospective parties are asked to supply an email address, a street address, and a mailing address to the District Commission by email (NRB.Act250Essex@vermont.gov) for receiving service of notices on the proceedings.
A site visit, prehearing conference, and merits hearing are hereby scheduled to convene:
In-Person Site Visit: Monday, March 15, 2021, 8:30 AM at 4188 Shelburne Road, Shelburne, VT
See Site Visit Instructions, Below
Virtual Prehearing Conference: Monday, March 15, 2021 at 1:00 PM via Microsoft Teams (see below)
Virtual Hearing: Friday, March 26, 2021 at 9:00 AM via Microsoft Teams (details to follow)
Site Visit Instructions: All site visit participants shall be required to observe the following protocol prior to, and during the site visit:
a. Prior to the site visit, all potential attendees must confirm in writing, which may be via email to the District Coordinator (Kirsten.firstname.lastname@example.org) , that they will abide by this protocol.
b. No more than 25 people may attend the site visit.
c. If any portion of the site visit will be conducted inside, all occupancy limits established by the Agency of Commerce and Community Development must be followed even if that results in a limit of less than 25 people. See https://accd.vermont.gov/content/maximum retail-occupant-load-during-covid-19 (last visited June 10, 2020).
d. No one may attend the site visit who has displayed any of the symptoms of COVID-19 recognized by the Vermont Department of Health. No earlier than 24 hours prior to the appointment, all attendees must take their own temperatures to determine whether they have a temperature of 100.4 degrees Fahrenheit or greater. If requested, attendees must submit to a temperature test with a no-contact thermometer.
e. No one may attend the site visit if they have had contact with a person diagnosed with COVID-19 unless they have self-quarantined for 14 days following such contact or 7 days followed by a negative COVID-19 test.
f. No one may attend the site visit if they must travel from any location from which visitors to Vermont are required to self-quarantine unless they have self-quarantined for either 14 days or 7 days followed by a negative COVID-19 test. A map of such locations can be found at the Agency of Commerce and Community Development's website. See https://accd.vermont.gov/covid-19/restart/cross-state-travel (last visited August 19, 2020)
g. Everyone attending the site visit must observe strict social distancing of six feet.
h. Everyone attending the site visit must wear face coverings over their nose and mouth when in the presence of others.
i. Everyone attending the site visit must have access to either a hand washing station, consisting of soap and water, or hand sanitizer.
j. Everyone attending the site visit must have completed a VOSHA-approved and employer sponsored training program regarding COVID-19. Additional information about VOSHA approved training may be found on the Vermont Agency of Commerce and Community Development's website. See https://accd.vermont.gov/covid-19/business/restart (last visited May 21, 2020).
k. No more than three people shall occupy any single vehicle traveling to or from the site visit.
l. Everyone attending the site visit must refrain from touching communal objects, including but not limited to site plans, unless they are cleaned and disinfected between each touch.
Virtual Prehearing Conference Instructions: Due to the coronavirus (COVID-19), this prehearing conference will necessarily be conducted remotely via Microsoft Teams video conferencing software. To receive a Microsoft Teams invitation via email, please e-mail the District Coordinator (email@example.com) no later than Thursday March 11, 2021 at 4:30 PM. If you are unable to participate using the Microsoft Teams platform, you may still call in to the conference with the following information:
- Dial: 802-828-7667
- Enter Conference ID: 716 439 16#
If you would like further information regarding participation in this prehearing conference, please contact the District Coordinator (firstname.lastname@example.org) by no later than 4:30 PM on Monday, March 8, 2021. If you have a disability for which you need accommodation in order to participate in this process (including participating in a public hearing, if one is held), please notify us as soon as possible, in order to allow us as much time as possible to accommodate your needs.
Dated this 25th day of February, 2021.
By: Kirsten Sultan, District Coordinator