Attorney General Philip T. McLaughlin and Department of Environmental Services ("DES") Commissioner Robert W. Varney announced that a settlement has been reached in an environmental enforcement case against the Town of Alstead and certain town officials for violations of the State's wetlands and water pollution laws.

On December 21, 2000, the State filed suit in Cheshire County Superior Court against the Town and certain members of its Board of Selectmen. The matter was later transferred to the Sullivan County Superior Court. In the lawsuit, the State alleged that the Town dredged nearly twenty times more area than what was allowed under its permit for a maintenance dredge along the Vilas Pool dam in the Cold River, constructed a 389-foot long road into the Cold River and placed fill in the River without the requisite permit from DES, excavated over 4,000 cubic yards of sand and gravel from the bed of the Cold River without a permit, and failed to employ adequate erosion controls.

Over a year after the violations were discovered, the Town removed the road and restored the site in accordance with a plan submitted to DES. In addition, the State sought civil penalties against the Town for violations of the State's environmental laws. The State's action against the Town was resolved by way of a settlement agreement, which was approved by the Sullivan County Superior Court on March 12, 2001.

As a result of negotiations between the State and the Town, the Town agreed to pay a total penalty of $52,225 as settlement for its violations of the State's environmental laws. Pursuant to the terms of the agreement, the Town has now remitted to the State $28,000 of the total penalty. The Town has also paid $6,100 of the total penalty to the New Hampshire Association of Conservation Districts to help fund an Americorps position for the Lower Connecticut River watershed. In addition, the Town agreed to pay $7,500, of which $1,500 has now been remitted, over the course of five years to the Cold River Advisory Committee to assist with an inventory of significant ecological sites. The State agreed to suspend $10,625 of the total penalty for two years. This suspended portion would become immediately due if the Town violates any of the State's environmental laws within the two-year period.

Commissioner Varney expressed satisfaction that a sound settlement had been reached, and noted, "State law requires a permit from the DES Wetlands Bureau to perform work in and adjacent to wetlands, which allows for the managed use of the State's wetlands. In order to protect these unique and vanishing resources, it is vital that the State enforce the wetlands laws."

Attorney General McLaughlin noted, "This settlement serves as an example of the State's commitment to the enforcement of its environmental laws. I note that the Town's violations were significant, but that they were mitigated by the Town's cooperation in resolving this matter."

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

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