Attorney General Philip T. McLaughlin and Department of Environmental Services (DES) Commissioner Robert W. Varney have announced that the State has filed suit for violations of the State's wetlands and water pollution laws against the Town of Alstead, and certain Town officials individually and in their official capacity.

The State's lawsuit, which was filed in Cheshire County Superior Court, alleges that the Town constructed a road and placed fill in the waters of the State without the requisite permit from DES, excavated sand and gravel from the waters of the State without a permit, dredged in the waters of the State in excess of what was allowed under a permit, and failed to employ adequate erosion controls.

State law requires a permit from the DES Wetlands Bureau to perform work in and adjacent to wetlands. DES issued a permit to the Town in November 1997 authorizing 8,000 square feet of maintenance dredge of the Vilas Pool dam. The following August, after receiving several complaints about heavy equipment in the Cold River and heavy siltation downstream of the Vilas Pool, DES personnel inspected the Vilas Pool area and observed siltation extending three to four miles downstream. DES personnel also observed that an area of over 140,000 square feet had been dredged, an area far in excess of the Town's permit, and that the Town had failed to provide for proper siltation and erosion controls. Additionally, DES inspectors found a 389-foot long road that had recently been built into the River and that was eroding into the River. Over a year after the violations were discovered, the Town removed the road and restored the site according to a plan submitted to DES. Subsequently, the State filed suit against the Town seeking civil penalties for violations of the State's environmental laws.

"This case should serve as a reminder to individuals and municipalities to be mindful of the scope and terms of wetlands permits issued by DES," stated Commissioner Varney. "Wetlands are important and unique environmental areas. The destruction of wetlands alters the property itself and changes its basic character, to the detriment of the public good."

Attorney General McLaughlin noted, "Since the Town officials appear to have been aware that the Town's actions were in violation of the State's laws, we believe the violations were willful. As a result, this suit is not only against the Town, but also its officials individually and in their official capacity. This action reflects the importance that New Hampshire places on compliance with environmental laws, by both private and public entities."

For further information, please contact Attorney Christopher D. Helms at (603) 271-3679 or Richard de Séve, DES Water Division, at (603) 271-3503.