[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Notices]
[Page 36575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14840]


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DEPARTMENT OF JUSTICE


Notice of Proposed Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on June 12, 2012, the United States, on 
behalf of the U.S. Department of Agriculture, Forest Service, filed a 
Complaint and on June 13, 2012, lodged a proposed Consent Decree in 
United States v. The Stearns Co., Ltd., and Stearns Enterprises, Inc., 
Case No. 12-cv-191-JMH (E.D. Ky.), relating to the Lower Rock Creek 
Mines Site in McCreary County, Kentucky (the ``Site''). The Complaint 
seeks reimbursement from defendants, The Stearns Co., Ltd., and Stearns 
Enterprises, Inc., of environmental response costs incurred by the 
Forest Service at the Site and the entry of a declaratory judgment with 
respect to the Forest Service's future response costs under Sections 
107(a) and 113(g) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9607(a) and 9613(g).
    The proposed Consent Decree resolves the claims in the Complaint. 
Under the proposed Consent Decree, the defendants agree to the entry of 
a judgment in favor of the United States in the amount of $31.8 
million; the judgment can be satisfied, however, solely through the 
transfer of Defendants' real property interests (comprised primarily of 
mineral rights in the Site property) to the United States (reuniting 
the Forest Service's fee interest in the Site property with the mineral 
rights) and recoveries, if any, under Defendants' insurance policies. 
In addition, defendants agree to withdraw their application, pending 
with the U.S. Department of Interior's Office of Surface Mining and 
Enforcement, for a ``compatibility determination'' under the Surface 
Mining Control and Reclamation Act of 1977 with respect to defendants' 
mineral rights at the Site, thus avoiding the potential litigation were 
DOI to act adversely on defendants' application.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either emailed 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. The Stearns Co., Ltd., and Stearns Enterprises, Inc., 
Case No. 12-cv-191-JMH (E.D. Ky.), D.J. Ref. 90-11-3-10012.
    During the public comment period, the Consent Decree may be 
examined at the Daniel Boone National Forest Supervisor's Office, 1700 
Bypass Road, Winchester, KY 40391. This office is open 8:00 a.m. to 
4:30 p.m. Monday through Friday, except Federal Holidays; telephone 
number (859) 745-3100. The Consent 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 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 
emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $12.75 (.25 cents per 
page reproduction cost) payable to the U.S. Treasury, or if by email or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-14840 Filed 6-18-12; 8:45 am]
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