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 Arlington

Valley Land Company, Inc. (``AVLC'') and Ronald Nobach, Robert Hild,

Nobach-Pacific, a general partnership, and Nobach-Hild, a general

partnership (the Nobach and Hild parties are collectively referred to

as ``Nobach Hild'') in United States of America v. Arlington Valley

Land Company, Inc., et al., Civil Action No. C99-1711C (W.D. Wa.), was

lodged with the United States District Court for the Western District

of Washington on October 27, 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 a location near Arlington, Washington (the ``Site''). The consent

decree enjoins AVLC and Nobach Hild from discharging dredged or fill

material into waters of the United States. the consent decree further

requires: (a) that Nobach Hild restore and create a total of

approximately 6.5 acres of wetlands at the Site, in accordance with a

restoration plan approved by the United States Environmental Protection

Agency and the United States Army Corps of Engineers; and (b) that AVLC

donate to a conservation group for preservation a 23-acre tract of land

consisting primarily of wetlands. The consent decree does not resolve

the United States' claims against the former president of Arlington

Valley Land Company, Defendant Mickie Jarvill.

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: Michael J. Zevenbergen,

Attorney, Environmental Defense Section, Seattle Field Office, c/o

NOAA/Damage Assessment, 7600 Sand Point Way NE, Seattle, WA 98115, and

should refer to United States of America v. Arlington Valley Land

Company, Inc. et al., DJ Reference No. 90-5-1-4-402.

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

United States District Court, 1010 Fifth Avenue Seattle, WA 98104

Letitia J. Grishaw,

Chief, Environmental Defense Section Environment and Natural Resources

Division, United States Department of Justice.

[FR Doc. 99-31243 Filed 12-1-99; 8:45 am]

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