Notice of Lodging of Final (Consent) Judgment Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Final (Consent) Judgment Pursuant to the

Clean Water Act

In accordance with Departmental Policy, 28 CFR 50.7, notice is

hereby given that a proposed Final (Consent) Judgment in United States

v. Miramar West Development Corporation and Leonard Zedeck, Civil

Action No. 94-6558-Civ-Nesbitt (S.D. Fla.), was filed in the United

States District Court for the Southern District of Florida on August

22, 1994, in Civil Action No. 94-6558-Civ-Nesbitt.

The proposed Final (Consent) Judgment concerns alleged violation of

section 404(s) of the Clean Water Act, 33 U.S.C. Sec. 1344, as a result

of their failure to enhance and set aside for conservation purposes a

mitigation area of approximately 9.4 acres of on site wetlands as a

condition of a fill permit issued by the Department of the Army Corps

of Engineers on June 16, 1978. The permit allowed defendants to fill

approximately 25 acres of freshwater wetlands in conjunction with

developing a housing tract. The proposed Final (Consent) Judgment

requires Miramar West Development Corp. and Leonard Zedeck to pay a

civil penalty of $50,000 which is to be held in escrow by Defendants'

agent until entry of the judgment, and for conveyance of two 5 acre

parcels of Everglades' freshwater wetlands by a deed of conservation

easement to the South Florida Water Management District. The parcels

will be held in their natural condition in perpetuity. The Defendants

also agree to pay a stipulated penalty of $1,000 per day for each day

that they are late in meeting the terms of the consent judgment.

Defendants also agree not to perform an unpermitted work in navigable

waters of the United States in the future.

The Department of Justice will receive written comments relating to

the proposed Final (Consent) Judgment for a period of 30 days from the

date of publication of this notice. Comments should be addressed to

Lisa B. Hogan, Assistant U.S. Attorney, Southern District of Florida,

99 N.E. 4th Street, Suite 328, Miami, Florida 33132, and should refer

to United States v. Miramar West Development Corp. and Leonard Zedeck,

Civil Action No. 94-6558-Civ-Nesbitt.

The proposed Final (Consent) Judgment may be examined at the

Clerk's Office, United States District Court for the Southern District

of Florida, 301 N. Miami Avenue, Miami, Florida 33128, in Civil Action

No. 94-6558-Civ-Nesbitt.

Lois J. Schiffer,

Acting Assistant Attorney General, Environment & Natural Resources

Division.

[FR Doc. 94-22842 Filed 9-14-94; 8:45 am]

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