[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Notices]
[Page 51267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20580]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9191-4]


Proposed Cercla Administrative Order On Consent for the Kerber 
Creek Site, Saguache County, CO

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and request for public comment.

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SUMMARY: In accordance with the requirements of section 122 (i) of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (``CERCLA''), 42 USC 9622(I), notice is hereby given of a 
proposed Administrative Order on Consent (``AOC'') under sections 104, 
106, 107, and 122 of CERCLA, 42 U.S.C. 9604, 9606, 9607, and 9622, 
between EPA and Trout Unlimited, Inc. (``Trout Unlimited'') regarding 
the Kerber Creek Site located in the Rio Grande Basin near Villa Grove, 
Saguache County, Colorado. The property which is the subject of this 
proposed AOC is all areas to which hazardous substances and/or 
pollutants or contaminants, have come to be located along the 
approximately 17 miles of Kerber Creek stretching from the Bonanza town 
site, below the Forest Service boundary, and extending to the town of 
Villa Grove. This AOC requires that Trout Unlimited perform the 
following activities: Develop a watershed plan, remove tailings with 
elevated concentrations of metals from the streamside, perform 
phytostablilization, revegetate sites, stabilize stream banks, and 
monitor sinuosity, width, depth, density of microinvertebrates and 
fishery, upland vegetation cover, stability of stream banks 
concentration of metals, and habitat trends, all with respect to Kerber 
Creek. The performance of this work shall be approved and monitored by 
EPA.
    Opportunity for Comment: For thirty (30) days following the date of 
publication of this notice, the Agency will consider all comments 
received on the AOC and may modify or withdraw its consent to the AOC, 
if comments received disclose facts or considerations which indicate 
that the settlement is inappropriate, improper, or inadequate. The 
Agency's response to any comments received will be available for public 
inspection at the EPA Superfund Record Center, 1595 Wynkoop Street, 2nd 
Floor, in Denver, Colorado.

DATES: Comments must be submitted on or before September 20, 2010.

ADDRESSES: The proposed settlement and additional background 
information relating to the settlement are available for public 
inspection at the EPA Superfund Records Center, 1595 Wynkoop Street, 
2nd Floor, in Denver, Colorado. Comments and requests for a copy of the 
proposed settlement should be addressed to William G. Ross, Enforcement 
Specialist/SEE (8ENF-RC), Technical Enforcement Program, U.S. 
Environmental Protection Agency, 1595 Wynkoop Street, Denver, Colorado 
80202-1129, and should reference the Kerber Creek Site AOC in Saguache 
County, Colorado.

FOR FURTHER INFORMATION CONTACT: William G. Ross, Enforcement 
Specialist/SEE (8ENF-RC), Technical Enforcement Program, U.S. 
Environmental Protection Agency, 1595 Wynkoop Street, Denver, Colorado 
80202-1129, (303) 312-6208.

    Dated: August 12, 2010.
Sharon Kercher,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, Region 8.
[FR Doc. 2010-20580 Filed 8-18-10; 8:45 am]
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