[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Notices]               
[Page 36452-36453]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy07-58]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8334-2]

 
Proposed Administrative Order on Consent--Belden Cribbing Site

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for public comment.

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SUMMARY: As required by the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., as 
amended (``CERCLA''), notice is hereby given that an Administrative 
Settlement Agreement and Order on Consent for Removal Action 
(``Agreement'') is proposed by the United States, on behalf of the 
Environmental Protection Agency (``EPA''), and Union Pacific Railroad 
Company (``Union Pacific'') for payment of certain response costs and 
for performance of a removal action at the Belden Cribbing Site, in 
Eagle County, Colorado (``Site'').
    The Site is located in a steep canyon on the slopes of Battle 
Mountain just south of the historic mining mill station of Belden, 
between the towns of Minturn and Red Cliff, in Eagle County, Colorado. 
The Site includes at least twenty-one significant waste rock piles from 
former mining operations and a series of deteriorating wood cribbings 
holding up the waste piles, several of which are located on Union 
Pacific's right-of-way along the river at the bottom of the canyon. The 
removal action will address the threat posed by the potential collapse 
of the cribbing structures and the resulting deposition into the Eagle 
River of the waste rock. Waste rock entering the river would release 
large quantities of zinc, among other metals, endangering the trout 
fishery and other aquatic resources.
    This Agreement requires Union Pacific to provide EPA with site 
access in order for EPA and its contractors to conduct necessary 
response actions within the Site in accordance with the EPA's June 2006 
Action Memorandum. Union Pacific will either remove the track and ties 
on the Union Pacific right-of-way from Belden to the southern end of 
the Repository or will cover such track and ties in-place in order to 
create the necessary temporary access road. The Agreement also includes 
a grant of permanent access on Union Pacific's right-of-way for a waste 
rock repository, for seep collection systems and for additional rock-
fall protection devices. EPA will construct and install the necessary 
repository, rock-fall protection devices and seep collection systems, 
as described in the Action Memorandum.
    Under the Agreement, Union Pacific will reimburse the United States 
a portion of past and estimated future response costs incurred or to be 
incurred, respectively, by the United States at or in connection with 
the Site. EPA has notified the State of Colorado of this action 
pursuant to Section 106(a) of CERCLA.

DATES: Comments should be received by August 2, 2007. The Agency will 
consider all comments received on the proposed Agreement and may modify 
or withdraw its consent to the settlement if comments received disclose 
facts or considerations which indicate that the settlement is 
inappropriate, improper or inadequate. The Agency's response to any 
comments received will be available for public inspection at the EPA 
Superfund Record Center, 1595 Wynkoop Street, 3rd Floor, in Denver, 
Colorado.

ADDRESSES: The proposed settlement and additional background 
information relating to the settlement are available for public 
inspection at the EPA Superfund Records Center, 1595 Wynkoop Street, 
3rd Floor, in Denver, Colorado. Comments and requests for a

[[Page 36453]]

copy of the proposed settlement should be addressed to Sharon 
Abendschan, Enforcement Specialist (8ENF-RC), Technical Enforcement 
Program, U.S. Environmental Protection Agency, 1595 Wynkoop Street, 
Denver, Colorado, 80202-2466, (303) 312-6957, and should reference the 
Belden Cribbing Site proposed Agreement.

FOR FURTHER INFORMATION CONTACT: James Stearns, Legal Enforcement 
Attorney (ENF-L), Legal Enforcement Program, U.S. Environmental 
Protection Agency, 1595 Wynkoop Street, Denver, Colorado 80202-2466, 
(303) 312-6912.

    It Is So Agreed.
    Dated: June 8, 2007.
Michael T. Risner,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, Region VIII.
 [FR Doc. E7-12859 Filed 7-2-07; 8:45 am]

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