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~ III IIIIIIIIIIIIIIII ~ ~~~~~`~" <br />STATE OF COLORADO <br />COLORADO DEPARTMENT OF HEALTH <br />Dedicated to protecting and improvingg the health and <br />environment of the people o(Colorado <br />4300 Cherry Creek Dr. S. Laboratory Building <br />Denver, Colorado 80222-1530 4210 E. 11th Avenue <br />Phone (303) 692 :000 Denver, Colorado 802 2 0-3 71 6 <br />X3~3q~ (3031691-4700 <br />January 27, 1994 <br />Ms. Holly Fliniau, Remedial Project Manager <br />U.S. Environmental Protection Agency <br />Region VIII (8HWM-SR) _ <br />999 18th Street <br />Suite 500 <br />Denver, Colorado 80202-2405 <br />~~~ ' <br />Subject: Millsite 12-13/Country World Casino Potential Violations <br />Dear M:;. Flittiau: <br />OF' CO~ <br />~~ 4 <br />~~% ~~~ <br />. ~ . <br />+ r <br />~ r8 l6 ~ <br />Roy Romer <br />Governor <br />PaMCia A. Nolan, MD, MPH <br />&ecuuve Director <br />=; <br />~, , <br />~, <br />~. <br />This correspondence is to inform you of potential violations of the Administrative Order on <br />Consent by Country Western Casino (CWC) on two points of compliance relating to the <br />work un~Jer way at Millsite 12-13 in the City of Black Hawk, Gilpin County, Colorado. <br />The following points detail the potential violations: <br />1) On or before January 12, 1994, Petroleum Contractors began transporting mill <br />tailings and/or mine waste to the Denver-Arapahoe Disposal facility. Prior to this, <br />the waste was being transported to Solution Gold. The U S Environmental Protection <br />Agency approved [he shipping of the mine-related waste to Denver-Araphoe, your <br />correspondence dated November 12,1993. However, the agencies were not informed <br />ahead of time of this change. This action is in direct violation of Section IX, Article <br />2.3 (a,b,c), Page 11 of the Consent Order. <br />2) CWC has modified the design of the retaining/barrier wall from that submitted in <br />October 1993. Neither the State nor the EPA are in receipt of this modification. <br />CWC has presented stamped blueprints of the modification of the wall due to direct <br />pressure applied by the city. This modification is in violation of the existing Work <br />Plan, to the extent that neither the State nor the EPA has reviewed, commented, or <br />a3ncurred on the modification. <br />In addition, please reference your correspondence dated December 9, 1993 to Mr. Jim <br />Nation regarding the placement of the retaining wall along Mr. George Otten's property <br />designated as Millsite 11, and the requisite access agreement along this property. <br />