DEP: Developer cleared wetlands at Ellsworth site

ELLSWORTH – A Boston-based company that is developing a large-scale shopping center in Ellsworth recently was found in violation of federal rules regarding wetlands.

W/S Development Associates reportedly violated the Natural Resource Protection Act by removing vegetation from half an acre of wetlands, according to the Maine Department of Environmental Protection.

“There’s not an awful lot to it. They cleared some woody vegetation in two small wetlands that were supposed to remain untouched,” John Cullen, an environmental specialist with Maine DEP, said Monday. “I don’t know that it’s possible to categorize how big a violation this is but I wouldn’t say that it’s common.”

Earlier this month, local site contractor Sargent Corp. broke ground on the second phase of Acadia Crossing, a 26-store, 500,000-square-foot shopping center off Myrick Street between Route 1 and Route 3.

Part of the initial work included clearing trees from the site, but workers apparently cleared two small areas that were supposed to be left alone.

The violation was discovered after Maine DEP representatives completed a compliance inspection of the site, which is standard practice.

W/S Development Associates likely will face a fine but an amount has not been announced. Cullen said he’s working on preparing a consent agreement between the DEP and the company.

“The most important thing is that they will have to come up with a restoration plan to regrow the vegetation,” he said. “I assume they will want to take care of that quickly.”

Other than the wetland problem, no other violations were found, Cullen said.

Bob Frazier, vice president of development for W/S Development, said Monday that the violation was the result of a communication breakdown.

“Often when there are many contractors involved, communication breaks down and things like this happen,” Frazier said by telephone. “The DEP did compliment Sargent [Corp.] for the work that has been done and we feel they’re a very competent contractor.”

Frazier said W/S Development is working with DEP on a restoration plan.

Acadia Crossing, a $50 million development project that will include a 200,000-square-foot Wal-Mart Supercenter as its anchor store, is scheduled to be completed by the spring of 2009.