63186 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices 

settling defendant under Section 106 or 

107 of CERCLA with respect to the 

interim remedy for volatile organic 

compounds. In addition, 10 of these 13 

parties will also pay $3,350,000 to EPA 

and $100,000 to DTSC. In exchange the 

plaintiffs covenant not to sue the 10 

settling defendants under Section 106 or 

107 of CERCLA with respect to the 

interim remedy for perchlorate. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed Consent 

Decrees. 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 either 

or both of these cases: United States v. 

Andruss Family Trust, et al., (C.D. Cal.), 

D.J. Ref. 90-11-2-09121/3; or United 

States v. Abercrombie, et al., (C.D. Cal.), 

D.J. Ref. 90-11-2-09121/2. 

The proposed Consent Decrees may 

be examined at the Office of the United 

States Attorney, 450 Golden Gate 

Avenue, San Francisco, California 

94102. During the public comment 

period, the Consent Decrees may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

ConsentlDecrees.html. A copy of the 

proposed Consent Decrees 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 no. 

(202) 514–1547. In requesting a copy 

from the Consent Decree Library, please 

enclose a check 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 

the following amounts (25 cents per 

page reproduction cost): $13.75 for the 

Consent Decree in Abercrombie or $9.75 

for the Consent Decree in Andruss 

(without attachments). 

Henry S. Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 07–5582 Filed 11–7–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging Proposed Consent 

Decrees 

In accordance with Departmental 

Policy, 28 CFR 50.7, notice is hereby 

given that three (3) proposed Consent 

Decrees in United States v. Sea Bay 

Development Corp., et al., No. 2:06–cv–

624 (E.D. Va.), were lodged with the 

United States District Court for the 

Eastern District of Virginia, Norfolk 

Division, on October 26, 2007. 

The proposed Consent Decrees 

concern a complaint filed by the United 

States against Sea Bay Development 

Corp., Beechtree Park, Inc., Green Sea 

Farms, LLC, Elwood H. Perry, Frank T. 

Williams’ Farms, Inc., and Ferrell’s 

Backhoe Service, Inc., to obtain 

injunctive relief from and to impose 

civil penalties against the Defendants 

for allegedly violating Section 301(a) of 

the Clean Water Act (CWA), 33 U.S.C. 

1311(a), by discharging dredged or fill 

material and/or controlling and 

directing the discharge of dredged or fill 

material into waters of the United States 

without a permit at an approximately 

1,560-acre property located in 

Chesapeake, Virginia. 

The proposed Consent Decrees 

resolve all allegations against the 

Defendants. The proposed Consent 

Decree for Elwood H. Perry and Ferrell’s 

Backhoe Service, Inc., requires payment 

to the United States of a civil penalty in 

the amount of $65,000.00. The proposed 

Consent Decree for Frank T. Williams’

Farms, Inc., requires payment to the 

United States of a civil penalty in the 

amount of $35,000.00. The proposed 

Consent Decree for Sea Bay 

Development Corp., Beechtree Park, 

Inc., and Green Sea Farms, LLC, 

requires restoration and mitigation on a 

portion of the property consisting of 

approximately 873 acres of wetlands, 

and the preservation in perpetuity of 

that portion under a conservation 

easement or deed restriction. In 

addition, that Consent Decree allows the 

discharge of dredged or fill material in 

the remainder of the property, subject to 

certain limitations. 

The Department of Justice will accept 

written comments relating to these 

proposed Consent Decrees for thirty (30) 

days from the date of publication of this 

Notice. Please address comments to 

Kenneth C. Amaditz, Trial Attorney, 

Environmental Defense Section, P.O. 

Box 23986, Washington, DC 20026, and 

refer to United States v. Sea Bay 

Development Corp, et al., DJ # 90–5–1–

1–05061. 

The proposed consent Decrees may be 

examined at the Clerk’s Office, United 

States District Court for the Eastern 

District of Virginia, Norfolk Division. In 

addition, the proposed Consent Decrees 

may be viewed at http://www.usdoj.gov/ 

enrd/Consent_Decrees.html. 

Russell M. Young, 

Assistant Chief, Environmental Defense 

Section, Environmental & Natural Resources 

Division, U.S. Department of Justice. 

[FR Doc. 07–5579 Filed 11–07–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Notice is hereby given that on October 

26, 2007, a proposed Settlement 

Agreement Regarding the Tri-State 

Mining District Sites was filed with the 

United States Bankruptcy Court for the 

Southern District of Texas in In re 

ASARCO LLC, et al., Case No. 05–21207 

( Bankr. S.D. Tex.). The Tri-State Mining 

District Sites consist of the Tar Creek 

Superfund Site, in Ottawa County, 

Oklahoma, the Cherokee County 

Superfund Site in Cherokee County, 

Kansas, the Oronogo-Duenweg Lead 

Mining Belt (Jasper County) Superfund 

Site in Jasper County, Missouri, and the 

Newton County Mine Tailings 

Superfund Site in Newton County, 

Missouri. The proposed Settlement 

Agreement entered into among the 

United States on behalf of the 

Environmental Protection Agency and 

the Department of Interior, and the 

States of Kansas, Missouri and 

Oklahoma, and ASARCO LLC 

(‘‘Asarco’’) provides that the United 

States shall have total allowed general 

unsecured claims of $144,000,000 for 

past and future response costs and 

natural resource damages for the TriState Mining District sites, and that the 

States of Kansas, Missouri and 

Oklahoma shall have allowed general 

unsecured claims of $3,250,000, 

$3,250,000, and $7,500,000 respectively. 

The proposed Settlement Agreement 

resolves the United States’ past and 

future response cost and natural 

resource damage claims at the Tri-State 

Mining District Sites. 

The Department of Justice will accept 

comments relating to the proposed 

Settlement Agreement for a period of 

thirty (30) days from the date of 

publication of this notice. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and mailed 

either electronically to pubcommentees.enrd@usdoj.gov or in hard copy to 


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