For Immediate Release - August 08, 2013

Worcester Resident Penalized $4,000 Required to Correct Wetlands Protection Act Violations

BOSTON - The Massachusetts Department of Environmental Protection (MassDEP) has issued a $4,000 penalty against Jayson M. LaBouef of Sears Island Drive in Worcester to correct violations of the Wetlands Protection Act that occurred during construction activities on and adjacent to his property along Indian Lake.

During an April 4, 2012 site inspection, MassDEP staff observed that dredged spoils from Indian Lake were re-deposited on the banks of the lake and also partially within adjacent Bordering Vegetated Wetlands (BVW), in violation of state law. In all, approximately 6,500 square feet of lake-bottom was altered, approximately 80 linear feet of bank was filled in, and 1,000 square feet of BVW were filled in. Mr. LaBouef did not seek approval from the local Conservation Commission for work within a wetland resource area. Two permanent docks within Indian Lake had also been constructed without a valid permit.

MassDEP issued an order requiring that all activities taking place in violation of the Wetlands Protection Act stop, and a wetlands specialist be retained to prepare a wetlands restoration plan for approval by MassDEP. The requirements of that order have since been completed.

The order requires the owner to implement the approved restoration plan; apply for, and comply with any requirements of a Chapter 91 license for the docks constructed in Indian Lake; monitor the restored wetlands for two years; and submit reports as outlined in the order to document re-vegetation of the area.  

"Residents that live adjacent to wetland resource areas need to work with their local conservation commissions before beginning any work to assure that they comply with the requirements  of the Wetlands Protection Act," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "These requirements are in place to ensure that our wetland resources are conserved, and the benefits they provide in terms of habitat and water resources are sustained."

MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.