Notice of Lodging of Consent Judgment Under the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Judgment Under the Clean Water Act

In accordance with Department Policy, 28 C.F.R. 50.7, notice is

hereby given that a Consent Decree in United States v. The Telluride

Company, Civil No. 93-K-2181 (D. Colo.), was lodged with the United

States District Court for the District of Colorado on October 15, 1996.

The Consent Decree concerns alleged violations of section 301(a) of

the clean Water Act, 33 U.S.C. 1311(a), resulting from The Telluride

Company's unauthorized filling of over 46 acres of rare alpine wetlands

as part of its mountain resort development near Telluride, San Miguel

County, Colorado. As part of the Consent Decree, The Telluride Company

will be required to pay a civil penalty of $1.1 million dollars and to

implement a 16-acre restoration project to the satisfaction of the

Environmental Protection Agency. Defendants will abide by a site-wide

management plan for the continued protection and preservation of the

remaining wetlands that they own. The Consent Decree preserves the

United States' right to appeal an earlier ruling of the Court. If the

appeal is successful, The Telluride Company will be obligated to

perform an additional 15 acres of wetland restoration along the San

Miguel River and pay an additional civil penalty of $50,000.

The Department of Justice will receive written comments relating to

the proposed Consent Decree for a period of 30 days from the date of

publication of this notice. Comments should be addressed to Robert H.

Foster, United States Department of Justice, Environment & Natural

Resources Division, Environmental Defense Section, 999 18th Street,

Suite 945, Denver, CO 80202, should refer to United States v. The

Telluride Company, Civil No. 93-K-2181 (D. Colo.), and should also make

reference to DJ # 90-5-1-4-293.

The Consent Judgment may be examined at the Clerk's Office, United

States District Court for the District of

[[Page 55172]]

Colorado, 1929 Stout Street, Denver, CO 80295.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment & Natural Resources

Division.

[FR Doc. 96-27264 Filed 10-23-96; 8:45 am]

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