Notice of Lodging of Final Consent Decree With Newmont USA Limited and Resurrection Mining Company Under the Comprehensive Environmental Response, Compensation, and Liability Act, 39720 [E8-15647]

Download as PDF 39720 Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. The Commission notes that the patents at issue were the subject of earlier litigation, which raises the question of whether the complainant is precluded from asserting those patents. In instituting this investigation, the Commission has not made any determination as to whether the complainant is so precluded. Accordingly, the presiding administrative law judge may wish to consider this issue at an early date. Any such decision should be issued in the form of an initial determination (ID). The ID will become the Commission’s final determination 45 days after the date of service of the ID unless the Commission determines to review the ID. Any petitions for review of the ID must be filed within ten (10) days after service thereof. Any review will be conducted in accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. By order of the Commission. Issued: July 3, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–15607 Filed 7–9–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE jlentini on PROD1PC65 with NOTICES 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 VerDate Aug<31>2005 16:58 Jul 09, 2008 Jkt 214001 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 pubcomment-ees.enrd@usdoj.gov 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 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, https:// 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 (tonia.fleetwood@usdoj.gov), 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] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Final Modification of 1994 Consent Decree With ASARCO Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on July 2, 2008, a Final Modification of 1994 Consent Decree with Asarco (‘‘Final Consent Decree Modification’’) 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 ASARCO Incorporated (now ASARCO, LLC) (‘‘ASARCO’’) concerning, among other things, ASARCO’s performance of response actions at various Operable Units (‘‘OUs’’) of the California Gulch Superfund Site located in Lake County, Colorado (‘‘Site’’) including OUs 5, 7 and 9. That consent decree was approved and entered by the United E:\FR\FM\10JYN1.SGM 10JYN1

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[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Page 39720]
From the Federal Register Online via the Government Printing 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 pubcomment-ees.enrd@usdoj.gov 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, https://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 (tonia.fleetwood@usdoj.gov), 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]
BILLING CODE 4410-15-P

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