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News Release

For Immediate Release
January 28, 2010

Contact:
Assistant Attorney General Evan J. Mulholland
(603) 271-3679

Developer Assessed $40,000 Penalty for Alteration of Terrain and Shoreland Protection Violations

Attorney General Michael A. Delaney and the Department of Environmental Services ("DES") Commissioner Thomas S. Burack announce that the Merrimack County Superior Court has approved a settlement between the State of New Hampshire and Arleigh Greene and West River Road, LLC to resolve violations of the State's shoreland protection and water pollution laws on a parcel of land in Hooksett with frontage on the Merrimack River. The settlement includes a total civil penalty of $40,000.

In its lawsuit, the State alleged that Mr. Greene and West River Road, LLC violated the State's shoreland protection and water pollution laws by failing to obtain an Alteration of Terrain permit prior to disturbing more than 50,000 square feet of land within the protected shoreland and failing to maintain the natural woodland buffer on the parcel. The court-approved agreement requires Mr. Greene and West River Road, LLC to pay a total of $20,000 as a cash penalty and complete vegetation restoration on the property. The remaining civil penalty will be suspended as long as Mr. Greene and West River Road, LLC remain in compliance with the shoreland protection and water pollution laws and regulations for two years.

"We are pleased with the settlement agreement as it demonstrates the State's continuing commitment to protecting New Hampshire's rivers and shorelands," Attorney General Delaney stated.

Commissioner Burack said, "This settlement reflects the importance of the State's environmental laws and acknowledges the vital role that the State's regulations play in protecting water quality in our lakes and rivers."


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