Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response Compensation and Liability Act

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United States of America and the State of Georgia Department of Natural Resources
v.
Gold Creek Foods, LLC,
Civil Action No. 2:26-cv-00177-RWS.
The lawsuit was initiated by a complaint filed by the United States and the State of Georgia, through its Department of Natural Resources (the “Trustees”) in their capacity as the legally designated trustees for natural resources in Georgia. The complaint alleged, inter alia, that the Defendant was liable for damages for injury to, destruction of, or loss of natural resources resulting from the release of hazardous substances from Defendant's food processing facility in Dawsonville, Georgia, pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980.
In accordance with CERCLA, the Trustees have also written a draft Restoration Plan that described proposed alternatives for restoring the natural resources and natural resource services injured by the release of hazardous substances from Defendant's facility. The restoration alternatives evaluated in the Restoration Plan are (1) No Action/Natural Recovery; (2) Defendant-led Fish Passage Improvement Project; (3) Adaptive Management of Defendant-led Fish Passage Improvement Project in Flat Creek; (4) Off-site Aquatic Habitat Restoration; and (5) Mitigation Banking Credit.
United States of America and the State of Georgia Department of Natural Resources
v.
Gold Creek Foods, LLC,
D.J. Ref. No. 90-11-3-12350. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:
( printed page 36012)
Comments on the draft Restoration Plan may be submitted to the Trustees either by email or by mail:
All comments must be submitted no later than thirty (30) days after the publication date of this notice. If emailing, please include “Draft Restoration Plan Flat Creek NRDAR” in the subject line. During the public comment period, a copy of the draft Restoration Plan will be available electronically at:
https://www.cerc.usgs.gov/orda_docs/CaseDetails?ID=1394.