Attorney General Philip T. McLaughlin and Department of Environmental Services Commissioner Robert W. Varney announced today that a civil enforcement action as been brought against Mitchell Perdue, of Ridgewood, New Jersey and Hancock, New Hampshire for violations of New Hampshire's wetlands laws.

The lawsuit, filed in Hillsborough County Superior Court in Manchester, alleges that Perdue constructed three stone jetties in Nubanusit Lake without a permit from the Department of Environmental Services in violation of RSA Chapter 482-A. The lawsuit also alleges that Perdue altered the lake bed by illegally placing sand around the jetties to form a beach.

Nubanusit Lake, a 715-acre natural body of water, is partially situated in the Cheshire County town of Nelson, and partially in the Hillsborough County town of Hancock. "As one of New Hampshire's clearest and most protected bodies of water, Nubanusit Lake is one of this State's most significant environmental treasures, and it is critical that it remains so," said Commissioner Varney.

Under New Hampshire law, natural bodies of water greater than ten acres are the property of the public, held by the State in trust. The State's wetlands law requires state approvals before placing fill in publicly owned waters.

RSA 482-A provides for a maximum penalty of up to $10,000 per day for each violation.

The petition filed with the Superior Court alleges that Perdue performed work in Nubanusit Lake without any state permits. The petition alleges that Perdue hired a contractor to construct three permanent stone jetties according to specifications approved by Perdue. Construction allegedly took place over a period of three to four months during the winter of 1999-2000. The longest of the three jetties extended over 50 feet into the lake. Perdue also allegedly added sand in the water along the shoreline of Nubanusit Lake. Work on the jetties continued even after the construction project was cited for being conducted without a state wetland permit.

For additional information, please contact Attorney Craig S. Donais at the New Hampshire Department of Justice, Environmental Protection Bureau, (603) 271-3679.