LANCASTER — The Bolton Fair, Inc. and state officials have reached an agreement in Suffolk County Superior Court for the nonprofit to restore damaged wetlands at their Bridge Road fairgrounds.
According to an agreement dated Nov. 24, Bolton Fair officials have agreed to implement a wetland and rare species habitat restoration plan following a complaint from the state Department of Environmental Protection that it altered wetlands located on its roughly 50-acre property.
The fair will not be required to pay any financial penalty for the damage, apart from the costs of the restoration plans, according to the settlement.
“My understanding, and this is pretty typical for these types of cases, DEP did a financial analysis of the fair’s condition and they decided rather than have them pay fines, they would just have them put money into the restoration,” said Lancaster Conservation Agent David Koonce.
Although unable to say specifically when the state’s complaint against The Bolton Fair was filed, he said it likely took place at least five years ago, before he started working in the town.
The state conducted several site visits at the fairground in 2011 and 2012 with the purpose of identifying wetland resource areas in proximity to work that had been recently performed there. A pavillion that had been built south of an existing pond and an area that had been cleared of vegetation near the edge of the Nashua River were identified as being near wetlands.
State inspectors also identified these affected areas as habitats to the blue-spotted salamander and the Blanding’s turtle, which are both species listed and protected under the Massachusetts Endangered Species Act.
To restore the area to its original condition, the fair is now responsible for creating eight proposed wetland replication areas, equaling a combined 40,117 square feet of new emergent wetlands. These areas will have to undergo excavation and plantings of indigenous vegetation to return them to a more natural state.
The area near the Nashua River where clearing took place will also undergo a planting plan, requiring indigenous species to be planted over a roughly 17,000 square foot area. Another 71,600 square feet of space near the river will undergo what the agreement referred to as a “passive restoration,” allowing native plants to grow back on their own.
Another stipulation of the agreement is for approximately 20 acres of the fair’s 50-acre property to be placed in a conservation restriction that would prevent development or further alterations and create a permanent protection of the blue-spotted salamander and Blanding’s turtles living in the area.
The fair has also agreed to work with the town Conservation Commission to create educational signage on their property informing visitors of the importance of preserving vernal pools and the species that use them.
Follow Peter Jasinski on Twitter @PeterJasinski53
