For Immediate Release
May 16, 2017
Christopher G. Aslin, Assistant Attorney General
Attorney General Gordon J. MacDonald and Assistant Commissioner Clark B. Freise of the New Hampshire Department of Environmental Services (“NHDES”) announce that the Rockingham County Superior Court approved a consent decree between the State and New England Dragway, Inc. (“NE Dragway”) resolving allegations of violations of the State’s Wetlands Act (RSA Ch. 482-A) and Water Pollution and Waste Disposal Act (RSA Ch. 485-A) and associated administrative rules at NE Dragway’s property in the Town of Epping, New Hampshire. The decree assesses a total civil penalty of $250,000 with $150,000 suspended for a period of 5 years. NE Dragway will pay the assessed $100,000 penalty over a 5-year period.
NE Dragway owns and operates a ¼ mile commercial drag strip on property in the Towns of Epping and Brentwood. Beginning in approximately June 2012, NE Dragway commenced alteration of terrain activities including tree clearing, stumping and grading of more than 400,000 square feet (9.18 acres) as part of facility upgrades. The disturbed area included over 150,000 square feet (3.56 acres) of wetlands. These activities were conducted without the required wetlands and alteration of terrain permits in violation of RSA 482-A:3 and RSA 485-A:17. NE Dragway subsequently self-reported its violations and cooperated with NHDES to restore 3.08 acres of disturbed wetlands and to obtain after-the-fact permits for the retained disturbances. NE Dragway has come into full compliance with applicable law and has agreed to pay civil penalties in accordance with the consent decree for its failure to obtain the required permits before commencing work.
A copy of the consent decree is attached.
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New Hampshire Department of Justice
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