During several inspections of the construction site, Act 250 and DEC personnel observed erosion control measures were improperly installed and disturbed areas of the site had been left open for more than 14 days. Sediment from the site had discharged and deposited in a Class II wetland and its 50-foot buffer zone and discharged into Sunderland Brook in two areas. In one area sediment had accumulated in and along the brook, resulting in a deposit approximately 1,400 square feet in size.

The matter came to light as a result of routine Act 250 and DEC oversight, followed by an investigation by DEC Environmental Enforcement Officer Ted Cantwell. In response to directives, LNP, Inc. submitted a Restoration Plan. LNP, Inc. then promptly removed the sediment deposit from the brook; restored the wetland and stream by removing deposited material and stabilizing the bank and restored wetland area; and stabilized the construction site.

The settlement was reduced to an Assurance of Discontinuance and was so ordered by the Environmental Court. In it, LNP, Inc. agreed to comply with its permits and applicable law. It was also agreed that it will pay a civil penalty of $8,000.00 to the State of Vermont for the violations.

Involved Environmental Enforcement Officer: Ted Cantwell
Involved Programs: Department of Environmental Conservation Wetland and Stormwater Programs, and Act 250 District Environmental Commission #4.

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For Further Information please contact:
John Zaikowski at 802-241-3820 or email to john.zaikowski@state.vt.us