The settlement relates to violations at a single family home development containing approximately 24 lots located in Winhall, Vermont, off the Stratton Mountain access road. As part of the settlement Stratton Gardens LLC admitted the following violations: that it failed to obtain authorization prior to construction under the general permit; failed to install or maintain effective erosion control structures; failed to obtain a stormwater permit prior to constructing impervious surfaces; and discharged materials to waters of the state.

Stratton Gardens did immediately cease all construction activities when told to do so and took steps to prevent further erosion from the site.

"The $61,625 penalty in this matter sends a very clear message to all developers that they must obtain all necessary stormwater permits prior to starting construction or face the very real consequence of a large penalty as well as the possibility of a stop work order." environmental conservation commissioner Jeff Wennberg said.

As a part of the court approved settlement Stratton Gardens LLC is required to hire an experienced consultant to inspect and provide solutions for any deficiencies in erosion control measures on the site and to file a complete application for stormwater permits for the site.

On February 3, 2006 the Agency of Natural Resources filed an Administrative Order with the Environmental Court in this matter which includes a permit stay halting all work on the development and preventing the issuance of all additional permits. As part of this settlement the permit stay will be lifted. For Further Information please contact:
Attorney Gary Kessler at 802-241-3820 or email to gary.kessler@state.vt.us