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EPA FINES SALISBURY DEVELOPER $11,000 FOR FILLING IN SALT MARSH

Release Date: 03/23/1999
Contact Information: Amy Miller, EPA Press Office (617-918-1042)

BOSTON - The US Environmental Protection Agency announced today that a developer in Salisbury, Mass., has agreed to pay an $11,000 fine for placing fill in a salt marsh without a federal permit, as required by the federal Clean Water Act.

Raymond Champagne of Salisbury was charged with placing sand on a quarter of an acre of salt marsh at 86 Cable Ave. without getting necessary permits from the U.S. Army Corps of Engineers.

This is the second wetlands violation EPA's New England Office has issued in Salisbury, and more investigations are pending there. Salisbury, a community of about 7,000 people in northeastern Massachusetts, contains some of New England's most threatened salt marsh areas.

In the past 20 years, Salisbury has lost much of its remaining salt marsh either to the invasion of foreign plant species or illegal filling. In bringing actions against parties violating of the Clean Water Act, EPA wetlands officials hope to deter future filling. "Developers are required to have federal permits, as well as local conservation commission permits for any work that involves filling in a salt water marsh," said Mindy Lubber, Deputy Administrator of EPA's New England Office. "These laws protect wildlife and help prevent flooding in surrounding areas. The EPA takes seriously any violation of this federal law that works to preserve the limited amount of salt water marsh left in New England."

Before it was filled, much of Salisbury's coast was made up of salt water marshes. The land filled by Champagne supported salt hay grass, spike grass and silver weed. It provided wildlife habitat for small mammal, reptiles and shore birds, including the common tern, which is listed in the state of Massachusetts as a species of "special concern" because of its rarity.

Salt marsh is important for preventing floods and protecting the food chain. In Salisbury, buildings and roads that have displaced wetlands have intensified flooding. The town has already had problems with flooding on Cable Avenue, where Champagne was preparing to build. The site filled by Champagne is adjacent to a stream that drains into Black Rock Creek and ultimately into the Atlantic Ocean.

EPA-New England initially proposed a $30,000 fine against Champagne, who is a small-scale developer and contractor. Because of Champagne's cooperation in the case, and other conditions surrounding the violation, EPA reduced the fine to $11,000.

In particular, Champagne acted quickly to remove most of the fill after the EPA issued an order on May 13 requiring removal and restoration. Although not all the fill could be removed, the salt marsh has continued to recover and the environmental harm will be limited.

EPA learned of the violation on May 4 after receiving a tip from a town resident.

EPA also issued a restoration order in November 1997 against a developer who filled fresh water wetlands on Mudnock Road in Salisbury in preparation for building several houses.

Development in Salisbury over the last 20 years has put unprecedented pressures on the community. More than 20 percent of the structures in Salisbury have been built since 1980, according to the US Census. Nearly 40 percent have been built since 1970.