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

May 29, 2012
Barre Wetlands Damage Results in Fine and Restoration Plan

Waitsfield, VT - The Department of Environmental Conservation’s Compliance and Enforcement Division today announced that it formally settled environmental violations involving Pamela Malone. Ms. Malone owns property in Barre containing a regulated Class II wetland. The settlement includes a $6,000.00 penalty and a restoration requirement.

Through the Agency’s investigation, it was discovered that in 2009 and 2010, Pamela Malone initiated site work which included clearing, grading, dredging, and filling activities on slightly less than 1 acre of property, and within the wetland and buffer zone. A small pond was created as part of these activities. Further investigation revealed a driveway had been constructed in 1993 through the wetland. Malone did not apply for or receive a Conditional Use Determination prior to commencing the activities in the wetland.

The matter came to light as a result of a citizen complaint. After the Agency completed its investigation, Ms. Malone was notified of the violations and the Agency subsequently filed an Administrative Order in the Environmental Division seeking a penalty and restoration. Ms. Malone subsequently agreed to settle the matter. The settlement was reduced to an Assurance of Discontinuance, and adopted as an order by the Environmental Division. In it, Ms. Malone agreed to pay a $6,000.00 penalty, hire a wetland consultant to submit a remediation plan, complete remediation, and monitor the wetland for invasive species. It was also agreed that Ms. Malone will remove any structures that do not qualify for a permit and will refrain from engaging in any unpermitted activity in the wetland.

Involved Program: Wetlands Program, Watershed Management Division
Environmental Enforcement Officer: Sean McVeigh
For Further Information please contact:
Attorney John Zaikowski at 802-654-8980 or email to john.zaikowski@state.vt.us