For Immediate Release
February 11, 2014
Evan J. Mulholland, Assistant Attorney General
New Hampshire Attorney General Joseph A. Foster announces that the Strafford County Superior Court, (Brown, J.) approved a settlement between the State, Robert and Kathie Ann DeCrescenzo, and David Minghella to resolve a civil enforcement action involving violations of state wetlands laws on land belonging to the DeCrescenzos in Moultonborough, New Hampshire.
In its lawsuit, the State alleged that Mr. Minghella excavated an 800-foot long trench in wetlands on a parcel that was to be subdivided for development. The work was done at the direction of Mr. DeCrescenzo and was undertaken without the required state permit. The total impact to wetlands was nearly one acre. Mr. DeCrescenzo has subsequently re-graded the site in accordance with a restoration plan approved by the Department of Environmental Services (DES).
The settlement imposes an $80,000 civil penalty on the defendants to be paid jointly and severally, $40,000 of which is suspended provided that Mr. DeCrescenzo continues to monitor the restoration and no defendant violates the State's wetlands laws for two years.
"The protection and preservation of the State's wetlands and other natural resources depend on consistent enforcement of the State's environmental laws," said Attorney General Foster.
"Wetlands and shorelands are vital in protecting and maintaining the water quality of the State's lakes and rivers. This settlement and the associated restoration exemplify our commitment to protecting these vital natural resources," said Thomas Burack, DES Commissioner.
Copies of the settlement agreement are available upon request.
New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301