All News Releases By Date

EPA WARNS WELLS OFFICIALS OF INTERTIDAL REQUIREMENTS

Release Date: 05/30/1997
Contact Information: Alice Kaufman, EPA Press Office, (617) 918-1064

Boston - The New England office of the Environmental Protection Agency (EPA) issued an order to Wells, Maine, to remind the community that work in intertidal areas requires a federal permit. The order comes after the town failed to obtain a permit for bulldozing activities below the high tide line along Wells Beach that posed a serious threat to piping plovers in the area. Piping plovers are federally listed endangered species and therefore protected under federal law.

EPA was informed of the bulldozing activities by the U.S. Fish and Wildlife Service. Although the town received a state permit, a federal permit would have contained time-of-year restrictions to ensure the safety of piping plovers.

A contractor working to move sand from the seawall in June of last year halted operations when he noticed piping plover nests on the beach. Worked resumed in August but not before the birds left the beach to migrate south for the winter.

EPA's order makes clear the fact that the state's Permit By Rule authorization does not exempt a person from needing to secure a federal permit for activities performed in intertidal lands. The order also requires Wells to inform beach front landowners by letter that piping plovers nest in the area, inform them of the federal jurisdiction over sand and beach restoration activities, and the need to contact the U.S. Fish and Wildlife Service before undertaking activities that could harm the plovers.

Wells officials have been cooperative and have agreed not to proceed with future beach work without a federal permit.