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News Release

For Immediate Release
March 24, 2011

Senior Assistant Attorney General K. Allen Brooks
(603) 271-3679

Defendant Assessed $100,000 Penalty for Violations of State Wetlands and Alteration of Terrain Laws

NH Attorney General Michael A. Delaney and Commissioner Thomas S. Burack, of the New Hampshire Department of Environmental Services ("DES"), announce that the Sullivan County Superior Court, (Wageling, J.) has approved a settlement between the State and Marc E. Gagnon to resolve a civil enforcement action involving violations of State wetlands and alteration of terrain laws that occurred in Lempster, New Hampshire.

The State alleged that Mr. Gagnon not only committed violations that included disturbing more than 100,000 square feet of terrain without a permit and dredging and filling various wetlands, but that Mr. Gagnon failed to comply with Administrative Orders issued by DES to rectify these problems.

The settlement assesses a civil penalty of $100,000 against Mr. Gagnon and various corporate entities that are either solely under the control of Mr. Gagnon or that were under the control of Mr. Gagnon at relevant times. Of this total $100,000 penalty, $50,000 is suspended provided that Mr. Gagnon and any of his corporate entities do not violate the decree or commit other violations within three years of the date the settlement was entered as an order of the court. Of the remaining $50,000, Mr. Gagnon must pay $25,000 in cash. With respect to the final $25,000, Mr. Gagnon must transfer a fifty-seven acre parcel of land to the State for conservation purposes. This parcel of land is valued at approximately $46,000. Mr. Gagnon is also required to comply with the terms and conditions of the Administrative Orders.

New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658