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

July 30, 2004
John and Debbie Fleury

The Agency of Natural Resources announced today that the Enforcement Division has formally settled an environmental violation involving John and Debbie Fleury, property owners in the Town of Alburg. The settlement includes a $750 penalty.

Through the Agency's investigation, it was discovered that the Fleurys began to place fill and constructed a slab in a Class II wetland in order build a boathouse. They stopped doing so when they were told of the violation and applied for a conditional use determination (CUD). The initial CUD was denied, the Fleurys appealed that decision, and after working with the Agency, the appeal was withdrawn and new CUD was applied for and issued. The issued CUD required that the Fleurys remove the fill and slab and build in an upland location and re-vegetate the area with native wetland plants.

The matter came to light as a result of several citizen complaints that were investigated by the Agency's Wetlands Program. After the investigation was completed, John and Debbie Fleury were notified of the violations and agreed to settle the matter.

The settlement was reduced to an Assurance of Discontinuance and was so ordered by the Environmental Court on July 23, 2004. In it, John and Debbie Fleury agreed to comply with the terms of the CUD and re-vegetate the area with wetland plants and trees. It was also agreed that a civil penalty of $750 would be paid to the State of Vermont for the violations.

Involved Program: Water Quality Division's Wetlands Program (Department of Environmental Conservation)

For Further Information please contact:
Attorney Gary Kessler at 802-241-3820 or email to gary.kessler@state.vt.us