Through the Agency's investigation, it was discovered that Chase Properties & Development, LTD disturbed approximately two acres of earth in conjunction with the construction of two residential houses. The construction site was located on the shore of Lake Champlain in North Hero. At the time of the investigation, no erosion or sediment control measures were in place and the disturbance created a high potential to cause a discharge of sediment laden stormwater to the lake from a recently constructed boat launch on the property.

The company had not applied for coverage under the State's stormwater Construction General Permit or an individual discharge permit. A permit is required when earth disturbance will exceed 1 acre. In response to Agency instructions, the company promptly stabilized the construction site and installed erosion and sediment controls. No discharges from the site were observed as a result, and the company permanently stabilized the site thereafter.

The matter came to light as a result of a complaint which was investigated by Enforcement and Stormwater Program personnel. After the investigation was completed, Chase Properties & Development, LTD 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, Chase Properties & Development, LTD admitted the violation and agreed to pay a $4000 civil penalty.

Involved Program: Stormwater Program of the Department of Environmental Conservation
Environmental Enforcement Officer: Ted Cantwell
For Further Information please contact:
Attorney John Zaikowski at 802-241-3820 or email to john.zaikowski@state.vt.us