Proposed Agreement and Covenant Not To Sue Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as Amended by the Superfund Amendments and Reauthorization Act

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In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (CERCLA), 42 U.S.C. 9601 et seq., notice is hereby given that a proposed Agreement and Covenant not to Sue associated with the College of the Canyons Smelter Site in Canon City, Colorado, was executed by the Agency on October 2, 1997 and by the Department of Justice on August 3, 1997. The Agreement and Covenant not to Sue would resolve certain potential EPA claims under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607 against the Purchaser, Rocky Acres, a common law trust. The settlement would require the Purchaser to fill and level an excavation on the property, to route rainfall runoff so as to prevent erosion, and to provide access to its property to allow EPA and any other parties to conduct cleanup and/or monitoring activities. The Purchaser would receive contribution protection as provided under section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2).