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 both with a Court order dated November 19, 1996, and

Department Policy, 28 C.F.R. Sec. 50.7, notice is hereby given that a

proposed 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 November 19, 1996, Court order required, among other things,

that the proposed Consent Decree be published in the Federal Register

in each of three consecutive weeks. This is the third and final

publication of the proposed Consent Decree.

The proposed Consent Decree concerns alleged violations of section

301(a) of the Clean Water Act, 33 U.S.C. Sec. 1311(a), resulting from

the defendants' unauthorized filling of over 46 acres of alpine

wetlands as part of their mountain resort development near Telluride,

San Miguel County, Colorado. As part of the proposed Consent Decree,

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

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

the U.S. Environmental Protection Agency. Defendants have also agreed

to abide by a site-wide management plan for the continued protection

and preservation of the remaining wetlands that they own. The proposed

Consent Decree preserves the United States' right to appeal in earlier

ruling of the Court. If the appeal is successful, defendants will be

obligated to perform an additional 15-acres of wetland restoration

along the San Miguel River and pay an additional penalty of $50,000.

The Clerk of the United States District Court will receive written

comments relating to the proposed Consent Decree until January 23,

1997. Comments should be addressed to James R. Manspeaker, Clerk of the

District Court, United States Courthouse, 1929 Stout Street, Denver, CO

80294. Please send a copy of any comments to Robert H. Foster, U.S.

Department of Justice,

[[Page 67575]]

Environmental Defense Section, 999 18th Street, Suite 945, Denver, CO

80202. The comments should refer to United States versus The Telluride

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

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

The proposed Consent Judgment may be examined at three (3)

locations: (1) The Clerk's Office, United States District Court for the

District of Colorado, 1929 Stout Street, Denver, CO 80295, (2) the

Clerk's Office, San Miguel County Courthouse, 305 West Colorado,

Telluride, CO 81435 and (3) the Clerk's Office, United States District

Court for the District of Colorado, 402 Rood Avenue, Room 301, Grand

Junction, CO 81501.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment & Natural Resources

Division.

[FR Doc. 96-30993 Filed 12-20-96; 8:45 am]

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