Through the Agency's investigation, it was discovered that Hack attempted to drain a wetland in order to create more land for housing lots. This was done by breaching beaver dams on the property, dredging a channel for water to follow, as well as filling and grading the area. As a result, a large quantity of silt was discharged into state waters.

The matter came to light as a result of a citizen complaint that was investigated by Environmental Officer Sean McVeigh. It was learned that no Conditional Use Determination had been issued for the project, which is a violation of Vermont Wetland Rules. After the investigation was completed, Hack was notified of the violations and agreed to settle the matter. He spent $30,000 to stabilize the site to the satisfaction of the Agency's Wetlands Program.

The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on April 19, 2002. In addition to the short-term measures mentioned above, the assurance agrees to long-term stabilization measures. Also, language will be included in deeds for the property that limits activities purchasers may undertake in the wetland. It was also agreed that a civil penalty of 2,000 will be paid to the State of Vermont for the violations and that a $6,500 supplemental environmental project will be funded.

Involved Program: Wetland Program of the Water Quality Division of the Department of Environmental Conservation
Environmental Enforcement Officer: Sean McVeigh
For Further Information please contact:
Attorney Gary Kessler at 802+241-3820 or email to gary.kessler@state.vt.us