101-6-04

ANR suspected Defendant of placing fill in a Class II wetland on his property in Guilford. The first visit was made after an anonymous tip, then was followed up by a visit from a Wetlands Ecologist resulting in the issuance of a Notice of Violation. Two weeks later a follow up visit was made and the Defendant had placed more fill in the Wetland and stated he had no intention of complying with the Notice of Violation. An Emergency Order was served on Defendant after being approved by the Environmental Court under 10 V.S.A. § 8009(a)(3) and V.R.C.P. 76(c). The order was granted ex parte after the Secretary made a showing that all reasonable efforts had been made to notify the Defendant of the proceeding. Defendant claims that the land is not a wetland because it is man-made, formerly being a gravel pit. The Court notes there are ways to apply for reclassification; he may also be eligible for a conditional use determination allowing the filling to continue. The court reiterates the emergency order requiring the Defendant to stop filling unless he gets a permit to do so, and also requiring him to submit application materials to ANR for a conditional use determination of the already completed fill or face the prospect of a mitigation plan.