Notice of Proposed Prospective Purchaser Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act and Under the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Proposed Prospective Purchaser Agreement Under the

Comprehensive Environmental Response, Compensation, and Liability Act

and Under the Clean Water Act

Notice is hereby given that a proposed Prospective Purchaser

Agreement (``PPA'') was executed on March 6, 1998, by the U.S.

Environmental Protection Agency (``EPA''), and approved on March 6,

1998, by the U.S. Department of the Interior (``DOI''), and is subject

to final approval by the U.S. Department of Justice. The proposed PPA

would resolve certain potential claims under Sections 106 and 107 of

the Comprehensive Environmental Response, Compensation, and Liability

Act, 42 U.S.C. 9606 and 9607, and under section 311(b)(3) of the Clean

Water Act, 42 U.S.C. 1321(b)(3), against the City of Aurora, Colorado,

acting by and through its Utility Enterprise, as the prospective

purchaser of the Hayden Ranch located in Lake County, Colorado (the

``prospective purchaser''). The PPA would require the prospective

purchaser to provide access to the United States for the implementation

of potential future removal actions by or at the direction of EPA, or

environmental restoration activities by or at the direction of DOI, on

the Hayden Ranch, located in Lake County, Colorado, in response to past

mining activities in areas hydrologically upstream of the Hayden Ranch

property, and in particular at the California Gulch Superfund Site.

Such access would allow for the construction of a permanent repository

on the Hayden Ranch, and placement of tailings in such repository which

may be excavated from various fluvial tailings locations in an eleven-

mile reach of the upper Arkansas River basin. The prospective purchaser

would be obligated to provide for the long-term maintenance and

monitoring associated with such improvements made by or at the

direction of EPA or DOI. The prospective purchaser would further be

required to provide the United States limited water rights for a three

year period in connection with EPA's removal actions or DOI's

environmental restoration activities on the Hayden Ranch.

EPA and DOI will receive for a period of fifteen (15) days from the

date of this publication comments relating to the PPA. Comments should

be addressed to William P. Yellowtail, Regional Administrator, U.S.

Environmental Protection Agency, Region VIII, 999 18th Street, Suite

500, Denver, CO 80202.

The proposed PPA may be examined at the Superfund Records Center,

U.S. Environmental Protection Agency, Region VIII, 999 18th Street,

Fifth Floor, North Terrace, Denver, CO 80202. A copy of the proposed

Prospective Purchaser Agreement may be obtained in person, by mail

from, or by calling the Superfund Records Center, U.S. Environmental

Protection Agency, Region VIII, 999 18th Street, Suite 500,

[[Page 14732]]

Denver, CO 80202, telephone number (303) 312-6473.

Walker B. Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-7973 Filed 3-25-98; 8:45 am]

BILLING CODE 4410-15-M