RELEASED BY: Kelly A. Ayotte, Attorney General
SUBJECT: Preliminary Injunction Issued Against Pittsfield Landowners for Alleged Violations of Terrain Alteration and Wetland Laws
DATE: January 17, 2006
RELEASE TIME: Immediate

Attorney General Kelly A. Ayotte and Commissioner Michael P. Nolin, of the New Hampshire Department of Environmental Services, announce that the Merrimack County Superior Court (McGuire, J.) issued a preliminary injunction order against Pittsfield landowners Ralph and Gail Tucci on Thursday for alleged violations of the Wetlands Act and state laws regarding the alteration of terrain. The order requires the Tuccis to stabilize the 15-acre site within 15 days. Among other things, the Tuccis must pull back steep slopes and install special mesh blankets designed to trap loose dirt and rocks. The Court issued the order with the consent of all parties.

In its civil enforcement action filed earlier this month, the state alleges that the Tuccis violated state laws by clearing and grading more than 100,000 square feet of land without a permit from Environmental Services. The Tuccis also allegedly impacted over two acres of streams and wetlands. After the Tuccis failed to comply with repeated requests to fix these problems, the state issued an Administrative Order. When the Tuccis did not comply with the terms of the Order, the state filed its action in Superior Court. Although efforts to obtain compliance from the Tuccis prior to Thursday’s hearing proved unsuccessful, the parties have now agreed on measures to stabilize the site. These measures will protect the environment until permanent solutions can be completed.

The Court has not yet scheduled the case for trial.

For further information, contact Assistant Attorney General K. Allen Brooks or Attorney Anthony I. Blenkinsop at (603) 271-3679.

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