[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22842]
[[Page Unknown]]
[Federal Register: September 15, 1994]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Final (Consent) Judgment Pursuant to the
Clean Water Act
In accordance with Departmental Policy, 28 CFR 50.7, notice is
hereby given that a proposed Final (Consent) Judgment in United States
v. Miramar West Development Corporation and Leonard Zedeck, Civil
Action No. 94-6558-Civ-Nesbitt (S.D. Fla.), was filed in the United
States District Court for the Southern District of Florida on August
22, 1994, in Civil Action No. 94-6558-Civ-Nesbitt.
The proposed Final (Consent) Judgment concerns alleged violation of
section 404(s) of the Clean Water Act, 33 U.S.C. Sec. 1344, as a result
of their failure to enhance and set aside for conservation purposes a
mitigation area of approximately 9.4 acres of on site wetlands as a
condition of a fill permit issued by the Department of the Army Corps
of Engineers on June 16, 1978. The permit allowed defendants to fill
approximately 25 acres of freshwater wetlands in conjunction with
developing a housing tract. The proposed Final (Consent) Judgment
requires Miramar West Development Corp. and Leonard Zedeck to pay a
civil penalty of $50,000 which is to be held in escrow by Defendants'
agent until entry of the judgment, and for conveyance of two 5 acre
parcels of Everglades' freshwater wetlands by a deed of conservation
easement to the South Florida Water Management District. The parcels
will be held in their natural condition in perpetuity. The Defendants
also agree to pay a stipulated penalty of $1,000 per day for each day
that they are late in meeting the terms of the consent judgment.
Defendants also agree not to perform an unpermitted work in navigable
waters of the United States in the future.
The Department of Justice will receive written comments relating to
the proposed Final (Consent) Judgment for a period of 30 days from the
date of publication of this notice. Comments should be addressed to
Lisa B. Hogan, Assistant U.S. Attorney, Southern District of Florida,
99 N.E. 4th Street, Suite 328, Miami, Florida 33132, and should refer
to United States v. Miramar West Development Corp. and Leonard Zedeck,
Civil Action No. 94-6558-Civ-Nesbitt.
The proposed Final (Consent) Judgment may be examined at the
Clerk's Office, United States District Court for the Southern District
of Florida, 301 N. Miami Avenue, Miami, Florida 33128, in Civil Action
No. 94-6558-Civ-Nesbitt.
Lois J. Schiffer,
Acting Assistant Attorney General, Environment & Natural Resources
Division.
[FR Doc. 94-22842 Filed 9-14-94; 8:45 am]
BILLING CODE 4410-01-M
