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<br />SMUGGLER MINE SITE <br />6~ EXHIBITB <br />C-1802. By this partial consent decree, SDMC paid the United States an agreed upon sum for past <br />and present response costs incurred in connection with OU1, and the CERCLA action was dismissed <br />as to OU2. <br />EPA's concerns about OU2 are addressed in an ADMINISTRATIVE ORDER oN CDNSErtT FOR <br />REMOVAL AcnoN ("AOC"), entered May 8, 1995 in EPA Docket No. CERCLA VIII-95-07. Except <br />for general institutional controls affecting the entire 1 ]0 acre Smuggler Mountain Superfund Site, <br />the AOC dismissed the proceeding as to all lands in OU2 except the 9.9 acre Smuggler Mine Site.° <br />The 9.9 acre Smuggler Mine Site is the subject of a "removal action", 40 C.F.R. § 415(bj(2) (1995), <br />undertaken by Wright & Preusch Mining, Ltd., described in its Work Plan (EPA AOC -Exhibit 3), <br />and evaluated and approved in an EPA Action Memorandum, dated April 19, 1995 (EPA AOC - <br />Exhibit 1). <br />~w~~~ <br />f ~- <br />° The 9.9 Acre Smuggler Mine Site described in this permit application is identical to the 9.9 Acre <br />Smuggler Mine Site addressed in [he EPA AOC. <br />- I S - SMMUGGLER MINE SITE <br />