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 50.7, notice is

hereby given that a consent decree resolving the liability of Edward J.

Edelen, III and The Lakes of Myrtle Beach, Inc. (``Defendants'') in

United States of America v. Edward J. Edelen, III, et al., Civil Action

No. 4:98-1538-22 (D.S.C.), was lodged with the United States District

Court for the District of South Carolina on May 3, 1999.

The proposed consent decree concerns alleged violations of the

Clean Water Act, 33 U.S.C. 1311, resulting from the unauthorized

discharge of dredged or fill materials into waters of the United States

at ``The Lakes,'' a residential development in Surfside, Horry County,

South Carolina (``Site''). The consent decree enjoins Defendants from

discharging dredged or fill material into waters of the United States.

The consent decree further requires Defendants to: (a) Preserve in

perpetuity all 21.43 acres of jurisdictional wetlands located on the

undeveloped portion of the Site, in accordance with a Wetlands

Preservation Plan approved by the United States Environmental

Protection Agency (``EPA''); (b) obtain title to 400 acres of

jurisdictional wetlands in the Waccamaw River watershed and preserve

such wetlands in perpetuity (or provide an equivalent amount in

mitigation credits), in accordance with a Wetlands Mitigation Plan

approved by EPA; and (c) make a $1,000.00 monetary payment to the

United States Treasury.

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The 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 the

Assistant Attorney General, Environment and Natural Resources Division,

United States Department of Justice, Attention: H. Michael Semler,

Senior Trial Counsel, Environmental Defense Section, PO Box 23986,

Washington, D.C. 20026-3986, and should refer to United States of

America v. Edward J. Edelen, III, et al., DJ Reference No. 90-5-1-1-

4400.

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

United States District Court, Florence Division, 401 West Evan Street,

Florence, South Carolina 29503.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 99-13716 Filed 5-28-99; 8:45 am]

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