[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Page 39720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15647]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Final Consent Decree With Newmont USA 
Limited and Resurrection Mining Company Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on July 2, 2008, a Final Consent Decree 
with Newmont USA Limited and Resurrection Mining Company (``Final 
Consent Decree'') in State of Colorado v. ASARCO Incorporated et al., 
Civil Action No. 86-cv-1675-WYD (consolidated with 83-cv-2388-WYD) was 
lodged with the United States District Court for the District of 
Colorado.
    The United States and the State of Colorado previously entered into 
a consent decree with Newmont Mining Corporation (now Newmont USA 
Limited, ``Newmont'') and Resurrection Mining Company 
(``Resurrection'') concerning, among other things, Newmont's and 
Resurrection's performance of response actions addressing areas 
designated as Operable Units (``OUs'') 4, 8 and 10 of the California 
Gulch Superfund Site located in Lake County, Colorado (``Site''). That 
consent decree was approved and entered by the United States District 
Court for the District of Colorado on August 26, 1994 (the ``1994 
Decree'').
    The proposed Final Consent Decree implements a settlement of the 
remainder of the claims concerning the Site (as that term is defined in 
the Final Consent Decree) filed by the Plaintiffs. In general, pursuant 
to the terms of the Final Consent Decree, Newmont and Resurrection 
will: (1) Pay $2,000,000 in Past Response Costs, of which the United 
States will receive $1,813,200 and the State of Colorado will receive 
$186,800; (2) pay the United States $6,500,000 for OUs 11 and 12 and 
additional source control in OUs 4, 8, and 10; (3) pay $10,500,000 for 
natural resource damages, of which the United States will receive 
$5,250,000 and the State of Colorado will receive $5,250,000; (4) pay 
the future oversight costs incurred by the U.S. Environmental 
Protection Agency and the State of Colorado with respect to OUs 1, 4, 8 
and 10; (5) implement the OU1 work plan; and (6) continue performance 
of the Operation and Maintenance Plan for OUs 4, 8 and 10. In addition, 
Newmont and Resurrection will, subject to the specific terms of the 
Final Decree, reclaim the Black Cloud Mine. The Final Consent Decree 
will resolve the Governments' claims against Newmont and Resurrection 
at the Site and at the Black Cloud Mine, and replace the 1994 Decree. 
In exchange for their commitments under the Final Consent Decree 
Newmont and Resurrection receive covenants not to sue from the 
Governments.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Final 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either e-
mailed to [email protected] or mailed to P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Apache Energy and Minerals Company, D.J. Ref. 90-
11-3-138.
    The Final Consent Decree may be examined at the Office of the 
United States Attorney for the District of Colorado, 1225 Seventeenth 
Street, Suite 700, Denver, CO 80202, and at U.S. EPA Region 8, 
Superfund Records Center, 1595 Wynkoop St., Denver, CO 80202-1129. 
During the public comment period, the Decree, may also be examined on 
the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Final Consent Decree may also 
be obtained by mail from the Consent Decree Library, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or 
e-mailing a request to Tonia Fleetwood ([email protected]), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy of the Final Consent Decree exclusive of appendices 
from the Consent Decree Library, please enclose a check in the amount 
of $20.50 payable to the U.S. Treasury or, if by e-mail or fax, forward 
a check in that amount to the Consent Decree Library at the stated 
address. In requesting a copy of the Final Consent Decree with all 
appendices, please enclose a check in the amount of $138.75.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
 [FR Doc. E8-15647 Filed 7-9-08; 8:45 am]
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