15 Jan 05. My name is Edward G. Rapp of Dumont Colorado. I am a registered Professional Engineer and appear here today as the President of the Clear Creek Watershed Foundation. Our mission is the Good Samaritan cleanup of Clear Creek with EPA and others. With me is Christine Bradley, the Clear Creek County Archivist.

At the first public hearing 12 Jan 2005 I placed into the public record "A question of Indictment" which outlines 24 points of apparent errors, omissions and transgressions in this I-70 West Corridor PEIS document and process. That Document is being passed out now. On the back of the document (pg 2) are circled three issues that I wish to expose in further depth given the time constraints of this hearing's rules.

Question: Why has CDOT failed to expose to the public's knowledge and scrutiny the 23 mill sites in or immediately impacting the I-70 right of way, if not as a ploy to avoid being a "Potentially Responsible Party" under CERCLA? In earlier CDOT studies this was believed to be a show stopper issue for general highway widening outside the guardrails. Why did CDOT choose to ignore this and leave it out of the draft PEIS? FHWA, when did you become aware of this potential liability issue? Since these are orphan sites, there is no responsible party unless someone knowingly disturbs them.

Question: What happens when CDOT rebuilds and widens the road bed? Can you assure the public that this disturbance will not release known contaminants of mercury, arsenic, cyanide, copper, cadmium and other amalgam and ore residuals into the headwaters of a major drinking water source? If such a release were to occur could that also be construed as a "taking" of adjudicated rights of use by Thornton, Northglenn, Westminster, Golden, Coors and others or as a class action by citizens? Such losses could easily be a billion dollars and could significantly impact the State's economy.

The existence of these mill sites is undeniably known to CDOT. But for the general public, attached is a list showing the patented names and locations. The draft PEIS (pages 4-50 to 4-68) shows maps and some photographs of the area where these mill residuals exist but do not indicate the mill sites or highlight the hazard. To that degree the maps avoid the issue. The archives of Clear Creek County and the State contain data and many historical photographs. We brought some reprints along today and submit those for the record. Most of these sites occur in the narrowest parts of the valley and along the streams within the towns because that is where hydropower was most easily developed. These are precisely the choke points through which highway widening would take place. It was for this issue that the Colorado Intermountain Fixed Guideway Authority was created because it was known at that time that an elevated monorail could be routed to avoid these sites. The public now knows of this issue and you CDOT and FHWA must address it with its full cost and health, safety, welfare ramifications including detriments and benefits among all alternatives prior to a record of decision.

The public needs to know that the white hats working to maintain the health of this watershed are Coors, Henderson, the USFS, EPA, CDPHE, Clear Creek County, the Stanley Lake cities and others. We hold the road open and trust you do us no harm. We will not suffer to permit the rape of these waters and mountains.

Attachment E.G.Rapp public statement 15 Jan 2005

So that the issue has a recognizable face with the public, such as Shattuck, Globeville, Rocky Flats and Rocky Mountain Arsenal do, below are listed the names and general locations of these buried mill residuals.