Notice of Lodging of Consent Judgment Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Judgment Pursuant to the Clean Water

Act

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

hereby given that a Consent Judgment in United States v. Bostic, et al,

Civil No. 92-101-4 (E.D.N.C), was lodged with the United States

District Court for the Eastern District of North Carolina on November

8, 1994.

The Consent Judgment concerns alleged violations of section 301(a)

of the Clean Water Act, 33 U.S.C. 1311(a), resulting from the

defendants' unauthorized conversion of 147 acres of pocosin wetlands on

a 194-acre site in Onslow County, North Carolina. Before agreeing to

the terms of the Consent Judgment, defendants completed restoration of

part of the property to the satisfaction of the U.S. Environmental

Protection Agency (``EPA''), the U.S. Army Corps of Engineers

(``Corps''), and North Carolina state erosion experts. Under the

Consent Judgment, defendants would admit liability for their violations

and agree to pay a $60,000 civil penalty to the United States. They

would further agree to establish a buffer zone along the southern edge

of the violation site to protect nearby Mill Creek from future erosion

or development and to then transfer title of this buffer zone to an

approved third party grantee, such as the North Carolina Coastal Land

Trust, within 180 days of signing the Consent Judgment. Failure to

create the buffer zone or to comply with the transfer of title

provision would result in the payment to the United States of an

additional $40,000 in stipulated penalties.

The Department of Justice will receive written comments relating to

the proposed Consent Decree for a period of 30 days from the date of

publication of this notice. Comments should be addressed to Russell

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

Section, P.O. Box 23986, Washington, D.C. 20026-3986, should refer to

United States v. Bostic, et al., Civil No. 92-101-4 (E.D.N.C.), and

should also make reference to DJ# 90-5-1-1-3715.

The Consent Judgment may be examined at the Clerk's Office, United

States District Court for the Eastern District of North Carolina, P.O.

Box 25670, Raleigh, North Carolina 27611.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division.

[FR Doc. 95-4227 Filed 2-21-95; 8:45 am]

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