Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

[Federal Register Volume 64, Number 23 (Thursday, February 4, 1999)]
[Notices]
[Pages 5675-5676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2607]


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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

[[Page 5676]]

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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