Wetlands settlement reached in New Hampshire

Bryan Cohen Feb. 6, 2012, 2:00pm


CONCORD, N.H. (Legal Newsline) - New Hampshire Attorney General Michael Delaney and Thomas Burack of the New Hampshire Department of Environmental Services announced a settlement on Monday resolving allegations that a marine contractor violated wetlands laws.

The Belknap County Superior Court approved a settlement agreement that assessed a $20,000 civil penalty against Terence Graham, doing business as Docks Unlimited, for allegedly violating New Hampshire wetlands laws.

"DES strives to protect our surface waters and wetlands from unauthorized destruction," said Tom Burack, the DES commissioner. "Our state's water quality is one of our greatest assets and DES remains committed to enforcing our state's laws to ensure its protection."

Graham allegedly unlawfully altered wetlands on a Meredith property he owned and started construction of a breakwater without proper authorization in Alton along Lake Winnipesaukee. Delaney's office filed suit against Graham seeking civil penalties and restoration for both alleged violations.

The court issued an order requiring Graham to restore both areas and approved a settlement that will require Graham to pay a $20,000 civil penalty. The court will hold a March 30 hearing to examine Graham's financial condition and alleged inability to pay. If it deems it necessary, the court may adjust the civil penalty that has been assessed.

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