A developer building luxury homes along the road to Vermont’s Stratton Mountain is paying $61,625 to settle charges that it didn't take precautions to prevent damage from storm water erosion during construction, the state said.
According to a Vermont state report, the case agreed to by Stratton Gardens was the first brought under Vermont's 2003 storm water constructions general permit program, said Agency of Natural Resources attorney Gary Kessler.
"It's a significant settlement," he said. "It's certainly on the larger side."
The program requires erosion control plans when working in unpolluted watersheds.
Stratton Gardens was planning to build about 20 two-story homes priced between $888,000 and $1 million. Stratton Gardens bought the lots in the development, which was laid out decades ago, in 2004.
The engineering company working for Stratton Gardens thought that since the development predated the state's Act 250 land-use development law it did not need to apply for a discharge permit, said Stratton Gardens attorney Bill Meub.
Kessler said Stratton Gardens continued construction through the application process.
Last December the state ordered the construction to stop, which, along with a dispute with one of the buyers, helped force the company into bankruptcy, Meub said.
The company has now filed for the appropriate permits and construction can resume. Meub said the company was operating in bankruptcy, which is expected to be settled. New engineering plans were submitted Monday and construction may resume Aug. 1.
Source: VPI
