State of Vermont
Agency of Natural Resources
Department of Environmental Conservation
Compliance & Enforcement Division
Press Release

May 10, 2007
Jay Peak Resort to Pay $105,000 For Violations

Settlement Covers Multiple Infractions During Golf Course Construction

Natural Resources Secretary George Crombie today announced that Jay Peak Resort has admitted violating numerous environmental permit provisions during the construction of its golf course and has agreed to pay $105,000 to resolve the violations.

The settlement, which lays out various violations including alterations of stormwater basins, cutting stream buffers and clearing and grading areas not allowable under its construction permits, requires the resort to pay $29,000 in direct fines and another $76,000 to be used for Lake Champlain clean-up projects.

"This settlement shows that Jay Peak clearly understands that violating permit conditions can have severe environmental consequences," Secretary Crombie said. "In addition to the fine and supplemental environmental project money Jay is agreeing to pay, the resort has made a firm commitment to cease any practices that could further endanger the environment."

According to the Assurance of Discontinuance filed today with the Environmental Court, the resort on multiple occasions violated conditions of its environmental permits that caused excess amounts of sediment to enter the Jay Branch.

Excess sediment poses many environmental hazards to waterways. Indeed, sediment entering streams can directly cause a harmful alteration or destruction of habitats of fish and other aquatic organisms, and can reduce the productivity of aquatic plants. In addition, sediment serves as a vehicle for the transport of chemicals that diminish water quality. Phosphorus, for example, which can contribute to excessive algae growth, is commonly transported by being bound to mobile sediment.

With today's settlement, Jay Peak agreed to continued monitoring and enforcement of its permits, and also agreed to complete stream restoration programs. The settlement also applies only to past violations. "The state of Vermont and the agency reserve continuing jurisdiction to ensure future compliance," the order said. The settlement also does not relieve Jay's "ongoing obligation to comply with all other federal, state or local statutes, regulations, permits or directives applicable" to its business.
For Further Information please contact:
Attorney Gary Kessler at 802-241-3820 or email to gary.kessler@state.vt.us