Largest penalty in state history levied against operator of illegal Afton mining operation
AFTON – The $400,000 judgment levied against those involved with an illegal Afton mining operation should serve as a warning to any who dare violate New York’s bluestone mining laws, according to the state’s chief legal officer.
New York State Attorney General Andrew Cuomo announced yesterday that John Lepre of Kingsley, Pa. and his associates would be required to pay $400,000 in civil penalties for their role in an un-permitted bluestone mining operation first discovered by the Department of Environmental Conservation in 2005. Also named in the suit were the Pennsylvania company through which Lepre reportedly sold the illegally-mined bluestone, Stoney Lonesome Quarries, and its owner, Julie Lepre.
“Today’s defendants took advantage of the state’s natural resources to line their own pockets,” said Cuomo. “They mined illegally and irresponsibly - laying waste to eight acres of forestland.”
According to the attorney general, the steep civil penalty is the highest ever obtained for a violation of the state’s bluestone mining statutes.
“This judgment ... should serve as a warning to other operators who disregard the law and jeopardize the health of our land and our communities,” he said.
According to information filed with the Chenango County Clerk’s office, Lepre’s un-permitted mining operation was located on a 134.4 acre parcel owned by Michael Stearns and Douglas Stearns Jr. of New Jersey on East Afton Road in the Town of Afton.
Lepre was first discovered to be running the illegal mining operation, without proper permitting pursuant to the state’s Mined Land Reclamation Laws in 2005. The following year he agreed to a settlement stipulating that he cease mining at the Afton site until he either obtained a permit or restored the site.
He failed to meet the terms of that settlement agreement, however, continuing to operation in violation of state law and refusing to submit required documentation or provide financial security for the site’s remediation. In March of this year, the Attorney General’s office secured a court order to shut down the illegal mining operation.
According to the judgment, signed by Chenango County Supreme Court Judge Kevin M. Dowd on Sept. 17, Lepre will also be required to pay an $8,000 penalty plus 9 percent interest to the DEC for violation of a previous consent order, due since September of 2008.
Mining operation must cease, according to the order, until he or one of his associates obtains a DEC permit to resume mining at the site. If no permit is sought or issued, the defendants must submit a reclamation plan to the state, as well as post a bond in an amount determined by the DEC to ensure restoration of the property is completed.
New York State Attorney General Andrew Cuomo announced yesterday that John Lepre of Kingsley, Pa. and his associates would be required to pay $400,000 in civil penalties for their role in an un-permitted bluestone mining operation first discovered by the Department of Environmental Conservation in 2005. Also named in the suit were the Pennsylvania company through which Lepre reportedly sold the illegally-mined bluestone, Stoney Lonesome Quarries, and its owner, Julie Lepre.
“Today’s defendants took advantage of the state’s natural resources to line their own pockets,” said Cuomo. “They mined illegally and irresponsibly - laying waste to eight acres of forestland.”
According to the attorney general, the steep civil penalty is the highest ever obtained for a violation of the state’s bluestone mining statutes.
“This judgment ... should serve as a warning to other operators who disregard the law and jeopardize the health of our land and our communities,” he said.
According to information filed with the Chenango County Clerk’s office, Lepre’s un-permitted mining operation was located on a 134.4 acre parcel owned by Michael Stearns and Douglas Stearns Jr. of New Jersey on East Afton Road in the Town of Afton.
Lepre was first discovered to be running the illegal mining operation, without proper permitting pursuant to the state’s Mined Land Reclamation Laws in 2005. The following year he agreed to a settlement stipulating that he cease mining at the Afton site until he either obtained a permit or restored the site.
He failed to meet the terms of that settlement agreement, however, continuing to operation in violation of state law and refusing to submit required documentation or provide financial security for the site’s remediation. In March of this year, the Attorney General’s office secured a court order to shut down the illegal mining operation.
According to the judgment, signed by Chenango County Supreme Court Judge Kevin M. Dowd on Sept. 17, Lepre will also be required to pay an $8,000 penalty plus 9 percent interest to the DEC for violation of a previous consent order, due since September of 2008.
Mining operation must cease, according to the order, until he or one of his associates obtains a DEC permit to resume mining at the site. If no permit is sought or issued, the defendants must submit a reclamation plan to the state, as well as post a bond in an amount determined by the DEC to ensure restoration of the property is completed.
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