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

May 06, 2009
Jeremy Murphy

WATERBURY – The Department of Environmental Conservation’s Compliance and Enforcement Division today announced that it has formally settled an environmental violation with Jeremy Murphy for clearing vegetation in a Class I wetland’s 100-foot buffer zone without obtaining a conditional use determination. The settlement includes a $1,250 penalty and $3,750 supplemental environmental project.

Through the Agency’s investigation, it was discovered that Murphy had cleared approximately three-quarters of an acre of vegetation on his property, which was within the 100-foot buffer zone of a Class I wetland, known as the Dorset Marsh. Large trees remained, but small-diameter saplings and herbaceous shrubs were removed. Murphy did not apply for or obtain a conditional use determination before clearing the area. The Dorset Marsh is one of only three wetlands designated as a Class I wetland in the state.

The matter came to light as a result of a citizen complaint that was investigated by Mic Metz, district wetland ecologist. After the investigation was completed, Murphy was notified of the violation and agreed to settle the matter.

The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court. In it, Jeremy Murphy agreed to refrain from engaging in any activity in the Class I wetland or its 100-foot buffer zone other than allowed uses as specified in the Vermont Wetland Rules. It was also agreed that a civil penalty of $1,250 will be paid to the state of Vermont for the violations and a $3,750 supplemental environmental project will be funded.

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