June 25, 2001

To: Missouri Gaming Commission (MGC)
Copy: Executive Director Kevin Mullally
Sgt. Steve Akridge, Gaming Division, Missouri Highway Patrol
From: Richard C. Shepard, CRE, P.E.
Re: Isle of Capri Casino, Kimmswick, Missouri


Human remains were found on the casino site, human remains were discovered during the initial work done in 1994-95.

That discovery triggers the requirement to consult with Tribal representatives

The AGO letter also pointed out: "Because of the length of time that has elapsed and the fact that the review was not completed then, more work needs to be done."

Human remains were found in a Phase I study sponsored by the casino.

Phase II testing in 1994: "Intact prehistoric cultural deposits were found." "Recovered materials included flaking debris, hamerstones, and pottery along with fragments of human bone. . .the site was determined to be National Register eligible"

In 2000, knowing the effect this could have on the Corps' permit restrictions and rights to rescind key parts of the permit, the casino and its local partner told the MGC that they had a valid permit and could proceed ahead into construction.

The Corps determined that their previously issued permit only applied to the Lady Luck design and that public notice and comments would be required for the Isle of Capri modifications.

Thus, in January the Corps supported our allegation last September that the design changes obviously were sufficient to not allow the previously approved permit to apply without further public comment and review of these significant changes. Yet, to our knowledge, no public notice has been served on the City of Kimmswick or the concerned property owners in the immediate area.

The Rock Creek Valley, its adjacent salt springs and its connection with the Mississippi River attracted mankind in prehistoric as well as historic times.

The proposed casino access road should not be built to the casino site. Unwilling land owners, challenges to the abusive use of eminent domain, tribal rights and other known archeological concerns should succeed in blocking this intrusion that would tear through layers of civilization, going back through time 12,000 years to the Paleo-Indians, after the ice age. Like the Isle of Capri's promised access road to the Boonville casino, which also has not commenced despite a near term opening, we predict that this proposed road will not be commenced and completed.

Many of our allegations of violations of the Missouri gaming statutes focused on misrepresentations. We now have reason to believe that many were done knowingly, apparently violating both Sections 313.810.5 and 313.812.14 (7) of the Revised Statutes of Missouri. The casino's multiple misrepresentations, . . . led your staff down a primrose path into a prehistoric valley and floodplain. These misrepresentations of vital site-related facts were not merely errors or omissions.

If we could review the casino's responses to our allegations, rather than rely on the few noted in Larry Hale's report, we are confident that we could find other admissions that the casino knowingly misrepresented other claims as well.