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, 20 CFR 50.7, notice is

hereby given that a consent decree that would resolve the liability of

the Delaware Department of Transportation, the defendant in United

States v. State of Delaware, Department of Transportation, Civil Action

No. 98-651-RRM (D. Del.), was lodged with the United States District

Court for the District of Delaware on November 23, 1998.

The proposed consent decree concerns alleged violations of the

Clean Water Act, 33 U.S.C. 1311 et seq., as a result of the

unauthorized discharge of dredged and fill material into approximately

one acre of wetlands and one-third acre of open water which are alleged

to constitute ``waters of the United States.'' The subject wetlands,

located in New Castle County, Delaware, are adjacent to Naaman's Creek

and are impacted by defendant's project to improve and widen Naaman's

Road between Marsh Road and Foulk Road.

The consent decree permanently enjoins defendant from taking any

actions, or causing others to take any actions, which result in the

discharge of dredged or fill materials into waters of the United

States. The consent decree further requires the defendant to pay the

following amounts: (1) A $25,000.00

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civil penalty to the United States of America, and (2) a payment of

$200,000 to the Nature Conservancy, an environmental organization, with

the requirement that the money shall be dedicated by the Nature

Conservancy to the purchase, preservation, and/or management of

wetlands in New Castle County, Delaware. In addition, the consent

decree requires that defendant provide additional environmental

enhancements in the Naamans Creek watershed to further mitigate the

impact of storm water runoff in the Naamans Road area.

The Department of Justice will receive written comments relating to

the consent decree for a period of thirty (30) days from the date of

this notice. Comments should be addressed to the Assistant Attorney

General, Environment and Natural Resources Division, United States

Department of Justice, Attention: Steven E. Rusak, Trial Attorney,

Environmental Defense Section, P.O. Box 23986, Washington, DC 20026-

3986, and should refer to United States of America v. State of

Delaware, Department of Transportation, DJ Reference No. 90-5-1-4-

05201.

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

United States District Court, 844 King Street, Wilmington, Delaware

19801.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 99-2607 Filed 2-3-99; 8:45 am]

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