Developer, land owners settle environmental allegations in New Hampshire

By Bryan Cohen | Feb 13, 2014

CONCORD, N.H. (Legal Newsline) - New Hampshire Attorney General Joseph Foster announced a settlement on Tuesday with a land developer and two land owners who allegedly violated state wetlands laws.

David Minghella, a land developer, allegedly excavated an 800-foot-long trench in wetlands on a parcel in Moultonborough that was to be subdivided for development. Robert and Kathie Ann DeCrescenzo own the land and Robert DeCrescenzo allegedly directed Minghella to excavate the trench despite not possessing the necessary state permit. The excavation allegedly impacted close to one acre of wetlands.

"The protection and preservation of the state's wetlands and other natural resources depend on consistent enforcement of the state's environmental laws," Foster said.

Thomas Burack, the commissioner for the Department of Environmental Services, said wetlands and shorelands are needed to protect the water quality of the state's lakes and rivers. He said the settlement demonstrates the state's commitment to protecting such vital natural resources.

Under the terms of the settlement, the defendants are jointly required to pay an $80,000 civil penalty, $40,000 of which is suspended if Robert DeCrescenzo continues to monitor the restoration and no defendant violates state wetlands laws for two years.

Robert DeCrescenzo regraded the Moultonborough site in accordance with a restoration plan approved by the DES.

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