[Federal Register Volume 59, Number 2 (Tuesday, January 4, 1994)]
[Notices]
[Pages 332-333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9484]


[[Page Unknown]]

[Federal Register: January 4, 1994]


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DEPARTMENT OF JUSTICE
 

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

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a partial consent decree resolving the remaining two 
of five counts in United States v. Windward Properties, Inc, and Mobil 
Land Development (Georgia) Corp., No. 1:91-CV-348-JEC (N.D. Ga.), was 
lodged with the United States District Court for the Northern District 
of Georgia on December 13, 1993. The other three counts of the 
complaint were previously settled pursuant to a partial consent decree 
entered by the Court in May 1993.
    The proposed partial consent decree concerns alleged violations of 
sections 301 and 404 of the Clean Water Act, 33 U.S.C. 1311, 1344, as a 
result of the unpermitted construction of a dam in Caney Creek and a 
recreation area in wetlands by the defendants at the Windward 
development in Alpharetta, Georgia. Under the partial consent decree, 
the defendants will pay a $100,000 civil penalty to the U.S. Treasury, 
and will provide up to $225,000 in funding for projects to improve and 
protect wetlands and water quality in the same watershed where the 
alleged violations occurred. If entered by the Court, the proposed 
partial consent decree, in conjunction with the previously entered 
partial consent decree, will fully resolve this litigation.
    The Department of Justice will receive written comments relating to 
this consent decree for a period of thirty days from the date of 
publication of this notice. Comments should be addressed to the Acting 
Assistant Attorney General, Environment and Natural Resources Division, 
U.S. Department of Justice, Attention: Jon M. Lipshultz, Attorney, 
Environmental Defense Section, Environment and Natural Resources 
Division, U.S. Department of Justice, room 7216, 10th & Pennsylvania 
Avenues, NW., Washington, DC 20530, and should refer to United States 
v. Windward Properties, Inc., DJ Reference Number 90-5-1-1-3561.
    The partial consent decree and accompanying exhibits may be 
examined at the Clerk's office, United States District Court for the 
Northern District of Georgia, 2211 U.S. Courthouse, 75 Spring Street, 
SW., Atlanta, Georgia, 30335, or a copy may be requested from Jon M. 
Lipshultz at the Department of Justice, (202) 514-0461.
Lois J. Schiffer,
Acting Assistant Attorney General, Environment & Natural Resources 
Division.
[FR Doc. 94-9484 Filed 1-3-94; 8:45 am]
BILLING CODE 4410-01-M