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

Notice is hereby given that a proposed Consent Decree in United

States v. Johnson Engineering, Inc. & Lee County School Board, Civil

No. 97-283-CIV-FTM-24D (M.D. Fla.), was lodged with the United States

District Court for the Middle District of Florida on June 25, 1997. The

proposed Consent Decree concerns alleged violations of sections 301(a)

and 404 of the Clean Water Act, 33 U.S.C. 1311(a) and 1344, resulting

from the unauthorized clearing and discharge of fill material into

approximately 22.0 acres of wetlands at the Colonial Properties Site in

Fort Myers, Lee County, Florida. The

[[Page 38118]]

defendant, Johnson Engineering, Inc., is an engineering and consulting

firm hired to assist with the site's development. Johnson Engineering

has agreed to a proposed Consent Decree to settle its alleged

violations of the Clean Water Act.

The proposed Consent Decree would require Johnson Engineering, Inc.

to pay a $100,000 civil penalty and to fund wetland preservation,

restoration, or creation project(s) to be selected by the United States

in mitigation for the wetlands altered or destroyed. The cost of those

wetland projects would total no less than $100,000 and they shall be

for the purpose of improving and/or protecting wetlands or water

quality within the Ten Mile Canal Watershed. Johnson Engineering would

also be permanently enjoined from future violations of the Clean Water

Act at the site.

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 S. Randall Humm, Trial Attorney, U.S. Department of

Justice, Environmental Defense Section, PO Box 23986, Washington, D.C.

20026-3986 and should refer to United States v. Johnson Engineering,

Inc. & Lee County School Board, Civil No. 97-283-CIV-FTM-24D (M.D.

Fla.), DJ# 90-5-1-6-626.

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

Office, United States District Court for the Middle District of

Florida, 2301 First Street, Room 106, Fort Myers, Florida 33901.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 97-18628 Filed 7-15-97; 8:45 am]

BILLING CODE 4410-15-M