THE OBJECTIVES OF EPA AND RESPONDENT (ANCHOR COIN) ARE FOR RESPONDENT: A) TO PERFORM, WITH THE STATE OVERSIGHT, A REMOVAL ACTION AT THE SITE, AS DESCRIBED I THE SOW, CONSISTENT WITH CERCLA AND NCP TO PROTECT PUBLIC HEALTH, WELFARE, AND THE ENVIRONMENT; AND B) TO REIMBURSE EPA FOR RESPONSE COSTS INCURRED BY THE U.S. WITH RESPECT TO THE SITE. THE NATIONAL TUNNEL PORTAL IS LOCATED ON THE SOUTH SIDE OF NORTH CLEAR CREEK IN THE CITY OF BLACK HAWK, COLORADO. WASTE ROCK IS LOCATED AROUND THE PORTAL AND ON A STEEP SLOPE DIRECTLY IN FRONT OF THE PORTAL. ACID MINE WATER DISCHARGES FROM THE PORTAL AT AN APPROXIMATE RATE OF 0.04 TO 0.1 CUBIC FEET PER SECOND. WESTERN DIVERSIFIED BUILDERS, INC. IN CONJUNCTION WITH THE CITY OF BLACK HAWK, AS CONSTRUCTED A 40 ACRE PARKING LOT, WITH PLANS TO EXPAND THE LOT TO 85 ACRES, NEAR LAKE GULCH IN AN AREA ABOVE AND WEST OF THE NATIONAL TUNNEL PORTAL. WESTERN DIVERSIFIED BUILDERS INC. AND EPA ARE IN THE PROCESS OF CONCLUDING NEGOTIATIONS ON AN AOC WHEREBY WESTERN WILL PERFORM CERTAIN RESPONSE ACTIONS WITHIN THE CENTRAL CITY/CLEAR CREEK SUPERFUND SITE DIRECTLY ADJACENT TO SITE PROPERTY WHICH IS THE SUBJECT OF THIS ORDER.