Hermitage Inn and Ski Club Owner Agrees to Pay Over $72,000 in Fines and Restitution to the Forest Service Concerning Damages to Deerfield Ridge Snowmobile Trail in Wilmington

The Office of the United States Attorney for the District of Vermont stated today that James Barnes, of Wilmington,Vermont has agreed to pay $25,000 in civil fines and over $47,700 in restitution to fund repairs to the Deerfield Ridge Trail, a snowmobile trail that is partly on the Green Mountain National Forest (“GMNF”). The Deerfield Ridge Trail traverses part of the GMNF on the ridgeline below Haystack Mountain. This settlement concerns a Forest Service investigation into unauthorized trail work in November 2012 on a portion of the Deerfield Ridge Trail located in Wilmington,Vermont, including the unauthorized use of an excavator. According to court records, the excavator used to conduct this unauthorized trail work belonged to the Hermitage Inn Real Estate Holding Company LLC (hereinafter the “Hermitage”). James Barnes is the principle shareholder of the Hermitage. The GMNF alleged that James Barnes, on behalf of the Hermitage, directed other individuals to use this excavator to conduct the unauthorized trail work, which included excavation and some tree cutting. This work adversely impacted about three miles of the Deerfield Ridge Trail on GMNF lands. The excavator was also used on other parts of the Deerfield Ridge Trail that are located on private lands. The Government alleges that the trail work was not authorized by the GMNF. In addition, the excavation and trail work on the GMNF was not done to professional standards and did not include sufficient soil stabilization, such as water bars, seeding, and other standard erosion control measures. The GMNF estimates that it will cost $45,049.11 to fully repair the damage from this unauthorized excavation and trail work on the Deerfield Ridge Trail (additional work will be completed upon payment of the restitution). These expenses included: emergency mitigation costs, restoration costs, and labor. The Green Mountain Club performed part of this work and incurred $2,711.73 in expenses (which is the portion not covered by the Forest Service cost sharing agreement). Barnes agreed to pay this restitution in full.   In agreeing to settle this matter, Barnes also agreed to pay the maximum penalty of $5,000 for each of five different violations of the United States Code of Federal Regulations alleged by the Forest Service, for a total fine of $25,000. The violations allege the following: (1) constructing or maintaining trail without authorization; (2) damaging a Forest Service trail; (3) unlawful operation of a motor vehicle on trails; (4) cutting or damaging timber; and, (5) damaging federal property. A copy of the settlement agreement was filed in United States District Court. This matter was investigated by the Law Enforcement and Investigations Division of the United States Forest Service. The United States Forest Service is represented in this matter by Assistant U.S. Attorney Joseph Perella. The Hermitage and James Barnes are represented by David Silver in Bennington, Vermont.