Notice of Lodging of Consent Decree; Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree; Pursuant to the Clean Water

Act

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

hereby given that a proposed Final Consent Decree in United States v.

Stewart I. Cottinghan, Civil No. 4:97-1075-22 (D.S.C.), was lodged with

the United States District Court for the District of South Carolina on

April 18, 1997. The proposed Consent Decree concerns alleged violations

of sections 301(a) and 404 of the Clean Water Act, 33 U.S.C.

Secs. 1311(A) and 1344, resulting from the unauthorized discharge of

fill material into approximately 0.8 acre of forested wetlands adjacent

to the Little Pee Dee River in Dillon, South Carolina. The fill

material, consisting of concrete blocks, bricks, building materials,

and wood chips, was deposited into the wetlands in conjunction with the

construction of a roadway through the property.

The proposed Final Consent Decree would provide for the payment of

a $2,000 civil penalty and would permanently enjoin the Defendant from

performing future work in wetlands without the required permit(s) from

the U.S. Army Corps of Engineers. The unauthorized fill material was

satisfactorily removed from the wetlands, with the exception of a

portion of the roadway which will remain in place under authority of

Nationwide Permit No. 32.

The U.S. Department of Justice will receive written comments

relating to the proposed Consent Decree for a period of thirty (30)

days from the date of publication of this notice. Comments should be

addressed to R. Emery Clark, Assisted United States Attorney, District

of South Carolina, 1441 Main Street, Suite 500, Columbia, S.C. 29201

and should refer to United States v. Stewart I. Cottingham, Civil No.

4:97-1075-22 (D.S.C.).

The proposed Final Consent Decree may be examined at the Clerk's

Office, United States District Court for the District of South

Carolina, Florence Division, John L. McMillan Federal Building, 401 W.

Evans Street, Florence, South Carolina 29503.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 97-13392 Filed 5-21-97; 8:45 am]

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