[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14296-14297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06584]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On March 23, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Georgia in the lawsuit entitled United States v. Magnolia 
Valley Plantation, LLC, Magnolia Valley, LLC, and Magnolia Hills, LLC, 
Civil Action No. 1:18-cv-00055-JRH-BKE.
    The Consent Decree resolves the United States' claims set forth in 
the complaint against Magnolia Valley Plantation, LLC, Magnolia Valley, 
LLC, and Magnolia Hills, LLC (``Defendants'') for violations of the 
Clean Water Act (``CWA'') in connection with (1) Defendants' alleged 
failure to comply with applicable General Permits issued by the State 
of Georgia pursuant to CWA Section 402, 42 U.S.C. 1342, and for 
Defendants' alleged discharge of pollutants in storm water from a 
construction site comprised of the Magnolia Valley Plantation and 
Magnolia Hills (f/k/a Magnolia Valley) developments (together, the 
``Site'') in Evans, Columbia County, Georgia, and (2) Defendants' 
alleged violations of CWA Section 301, 42 U.S.C. 1311, for the alleged 
discharge of pollutants from the Site into waters of the United States 
without permits issued pursuant to CWA Section 404, 42 U.S.C. 1344.
    Under the Consent Decree, Defendants, with signatory Aaron W. 
Sullivan, have agreed to pay a civil penalty of $45,000 and pay $60,000 
to purchase wetlands credits. Defendants also have agreed to implement 
injunctive relief, including (1) for the Site: Ensuring that best 
management practices (``BMPs'') are implemented and maintained, BMP 
failures are reported and corrected, and (2) for all future sites: 
Ensuring that BMPs are implemented and maintained, BMP failures are 
reported and corrected, and both internal and third-party oversight and 
reporting are implemented.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division and should 
refer to United States v. Magnolia Valley Plantation, LLC, Magnolia 
Valley, LLC, and Magnolia Hills, LLC, D.J. Ref. No. 90-5-1-1-11410. All 
comments must be submitted no later than thirty (30) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General,
                                      U.S. DOJ-ENRD,
                                      P.O. Box 7611,
                                      Washington, DC 20044-7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $19.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy

[[Page 14297]]

without the exhibits and signature pages, the cost is $14.25.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-06584 Filed 4-2-18; 8:45 am]
 BILLING CODE 4410-15-P