Attorney General John M. Formella and New Hampshire Department of Environmental Services (“NHDES”) Commissioner Robert Scott announce that the Rockingham County Superior Court has approved a settlement between Hard Rock Development, LLC (“Hard Rock”) and the State related to Fill and Dredge in Wetlands Act violations at Hard Rock’s concrete, sand, gravel, and stone mining operation. The business was located on Industrial Drive in Raymond (the “Property.”)
“New Hampshire's abundant natural resources play a crucial role in supporting the state's economy by fueling industries such as tourism, forestry, and outdoor recreation. This settlement, featuring a substantial civil penalty for violations of the Fill and Dredge in Wetlands Act, underscores our commitment to enforcing New Hampshire's environmental laws. The destruction of a critical wetland represents a serious violation that must be addressed with strong enforcement action,” said Attorney General Formella. “This settlement not only holds Hard Rock Development, LLC accountable but also serves as a clear reminder that compliance with environmental permits is not optional and that our office will vigorously pursue violations.”
On April 1, 2024, the State filed a Petition for Civil Penalties (the “Petition”) in Rockingham County Superior Court. The Petition alleged that Hard Rock applied for and received an Alteration of Terrain Permit in 2010 for the Property which expressly stated that it must obtain a Fill and Dredge in Wetlands Permit if it intended to impact wetlands on the Property. The Petition alleged Hard Rock sold the Property in January 2022, and NHDES subsequently discovered that an approximately 1-acre wetland had been destroyed on the Property due to Hard Rock’s blasting and dredging activities prior to the sale. The Petition alleged that aerial photos showed that the dredging and blasting activities on the Property impacted the wetland beginning in 2018 and that by 2020 the wetland had been completely destroyed.
Hard Rock did not admit to the facts contained in the Petition but agreed to resolve the case by paying a civil penalty of $240,000.
Original source can be found here.