[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