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<br />FORMAL OBJECTION OF THE CITY OF CRIPPLE CREEK <br />TO THE APPLICATION OF BAD BOYS MINING COMPANY INC., <br />FOR A MINING PERMIT, DMG FILE N0. M-96-081 <br />In 1993, the City of Cripple Creek condemned a small parcel of land from the Bad <br />Boys of Cripple Creek Mining Company ("Bad Boys") which parcel is west of and <br />immediately adjacent to the Bad Boys current open pit mining operation. A copy of a <br />survey depicting the location of the properties acquired by the City in the condemnation <br />action, as well as previously owned City property upon which is located the City's water <br />treatment plant, is attached as Exhibit A. <br />The City has no objection to Bad Boys proposed mining operation so long as it is <br />conducted strictly within the constraints of the Mined Land ReGamation Act, and, so long <br />as the mining operation does not impact the City's adjacent water facilities. Prevention <br />of off-site impact to significant man-made structures was one of the primary objectives <br />when the MLR Act was passed twenty years ago, and the City believes that the mining <br />operation, as proposed by Bad Boys, has a significant potential to impact City utilities and <br />adjacent telephone structures. <br />The advent of gaming In Cripple Creek has not simply increased the importance <br />of maintaining these facilities intact, gaming has made it imperative that these facilities <br />not be interrupted in even the slightest way. For the reasons set forth below, the State <br />should Gosely scrutinize Bad Boys application and if the permit is granted, it should be <br />conditioned in such a way as to completely eliminate the potential for any off-site impacts <br />to the City's facilities as well as U.S. West's telephone facilities. <br />1. Applicant's Geotechnical Assumptions Regarding Slope Stability Are <br />Improper. <br />An issue that is of great concern to the City regarding Bad Boys pending <br />application is the complete lack of geotechnical evidence of slope stability and provision <br />for adequate setbacks and subjacent and lateral support for the City's property adjacent <br />to the proposed open pit. <br />Bad Boys mining plan assumes a fifty degree pit slope but their application does <br />not contain a Geotechnical Stability Exhibit demonstrating that this degree slope is <br />appropriate. For the following reasons, the City believes that because of the potential <br />danger to the City's water treatment facilities and U.S. West's telephone lines, any <br />proposed pit, regardless of degree of slope, should be closely scrutinized by the State <br />and a Geotechnical Stability Exhibit should be required. Requiring the Slope Stability <br />Exhibit is authorized by Rule 6.5. If Bad Boys do not demonstrate adequate slope <br />stability and adequate setbacks, then the permit should be denied. <br />A. No geotechnical studies were done to determine the proper pit slope. Mr. <br />Re: File No. M-98.081 <br />Bad Boys of Cripple Creek Mining Co. <br />Formal Objection of the City of Cripple Creek <br />Page 1 of 8 <br />