Notice of Lodging of Settlements Pursuant to the Clean Water Act and the National Wildlife Refuge Administration Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlements Pursuant to the Clean Water Act

and the National Wildlife Refuge Administration Act

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

hereby given that two settlements in United States v. Leitheiser, Civil

No. 92-4143 (D.S.D.), were lodged with the United States District Court

for the District of South Dakota, Southern Division, on or about

November 7, 1995.

The first settlement is in the form of a proposed Consent Decree

resolving alleged violations of Clean Water Act section 301(a), 33

U.S.C. 1311(a), and alleged violations of the National Wildlife Refuge

Administration Act, 16 U.S.C. 668dd(c) (``Refuge Act''), by Merle

Hoiten, Merle Hoiten, Jr., and the Hoiten Construction Company

(``Hoitens''). Under the terms of the agreement, the Hoiten defendants

will pay a civil penalty to the United States.

The second settlement is in the form of a Stipulation to Dismiss

resolving alleged violations of the Refuge Act by the Leitheisers.

Under the terms of the Stipulation to Dismiss, the Leitheisers will

perform certain restoration work adjacent to the Hyde Waterfowl

Protection Area (``WPA''), and pay money to the Fish and Wildlife

Service for the maintenance of the Hyde WPA. Any remaining claims would

also be dismissed.

The Department of Justice will receive written comments relating to

the proposed settlements for a period of 30 days from the date of

publication of this notice. Comments should be addressed to Rebecca A.

Lloyd, Esquire, U.S. Department of Justice, Environmental Defense

Section, Suite 945--North Tower, 999 18th Street, Denver, CO 80202,

should refer to United States v. Leitheiser, Civil No. 92-4143

(D.S.D.), and should also make reference to DJ# 90-5-1-1-3600.

The proposed settlements may be examined at the Clerk's Office,

United States District Court for the District of South Dakota, Southern

Division, 400 S.

[[Page 57250]]

Phillips Avenue, Suite 220, Sioux Falls, South Dakota 57102.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division.

[FR Doc. 95-28012 Filed 11-13-95; 8:45 am]

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