Application of Buttolph

Edward and Barbara Buttolph (applicants) filed an application with the Water Resources Board, under 10 V.S.A. § 1083, to construct a stormwater impoundment with a capacity in excess of 500,000 cubic feet on an unnamed tributary of Otter Creek in the Town of Middlebury. Following a hearing before a referee, preliminary findings of fact were issued, amended by the Board in two particulars, and adopted as so amended. A subsequent order issued, finding adequate provisions for public safety and promotion of the public good, and authorizing construction upon terms and conditions set out in the…