News Releases

May 29, 2012

Damaging a Class II Wetlands in Barre Results in the Imposition of a $6000 Penalty and the Implementation of a Restoration Plan

The Department of Environmental Conservation’s Compliance and Enforcement Division today announced that it formally settled environmental violations involving Pamela Malone. Ms. Malone owns property in Barre containing a regulated Class II wetland. The settlement includes a $6,000.00 penalty and a restoration requirement.

Through the Agency’s investigation, it was discovered that in 2009 and 2010, Pamela Malone initiated site work which included clearing, grading, dredging, and filling activities on slightly less than 1 acre of property, and within the wetland and buffer zone. A small pond was created as part of these activities. Further investigation revealed a driveway had been constructed in 1993 through the wetland. Malone did not apply for or receive a Conditional Use Determination prior to commencing the activities in the wetland.

The matter came to light as a result of a citizen complaint. After the Agency completed its investigation, Ms. Malone was notified of the violations and the Agency subsequently filed an Administrative Order in the Environmental Division seeking a penalty and restoration. Ms. Malone subsequently agreed to settle the matter. The settlement was reduced to an Assurance of Discontinuance, and adopted as an order by the Environmental Division. In it, Ms. Malone agreed to pay a $6,000.00 penalty, hire a wetland consultant to submit a remediation plan, complete remediation, and monitor the wetland for invasive species. It was also agreed that Ms. Malone will remove any structures that do not qualify for a permit and will refrain from engaging in any unpermitted activity in the wetland.

Involved Program: Wetlands Program, Watershed Management Division

Environmental Enforcement Officer: Sean McVeigh

Source: Agency of Natural Resources
Last Updated at: May 29, 2012 09:38:47