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<br />Gerity simply assumed that a 50 degree slope would be appropriate because that value <br />"was established in the district, at both the Altman and Portland gold mining open pits."' <br />The Altman and Portland mines however, are distinguishable from the Bad Boys site for <br />at least two reasons: (1) The extremely close proximity of the City's water treatment <br />facilities. At both the Altman and Portland sites, non-operator owned improvements are <br />not located in such Gose proximity to the open pit. (2) The Altman and Portland pits <br />may be located in a different rock type. Regardless, pit slope design is very site specific <br />and the City believes that it is improper to make such assumptions, especially given the <br />close proximity of the City's water treatment plant and pipelines to the proposed mining <br />operation. <br />B. At Section 6.3.3, Exhibit C, Mining Plan to Bad Boys application, Bad Boys <br />states: "The rock type in the area was breccia, a highly broken rock composed of <br />fragments of granite or granite Schist." This is an assumption Mr. Gerity made from <br />reading the literature of the region (Lindgren), not from personal observation. When <br />asked at his deposition how he had determined that the rock was breccia, he testified as <br />follows: <br />A. I would say that the reference -- Lindgren is the one who defined the type of <br />rock in the area, and I would merely accept that. <br />Q. So, I guess, did you verify that by independent means? <br />A. No, I did not. <br />Q. So you don't know whether it's breccia or not? <br />A. That's correct. <br />C. A fifty degree pit slope is contrary to the slope recommended by a previous <br />mining engineer, Michael Cruson, hired by Bad Boys in 1993 to evaluate the value of <br />turquoise on their property.' Mr. Cruson stated in his July, 1993 report that: "Slope <br />stability problems will require a maximum of 45 slopes and more likely 30." Exhibit <br />D, Section IV. <br />D. In Exhibit B at page 11 of Mr. Gerity's September, 1996 report, Mr. Gerity <br />acknowledged that the rock in the area is soft and unstable. He stated: <br />"Underground mining can operate closer to the boundaries, but the rock in this <br />area is so soft and decomposed that at this depth, underground mining <br />Exhibit B, page 11, Evaluation of the Properties of the Bad Bovs of Cripple Creek <br />Mining Company. Inc. Acouired tithe Citv of Cripple Creek. Colorado, By Carlton E. <br />Gerity, P.E. dated September, 1996. <br />Z See, Exhibit C, Deposition of Carlton E. Gerity, P.E. p. 44, lines 10-21. <br />' See, Exhibit D, Burtis -Graham Turquoise Appraisal, by Michael G. Cruson dated, <br />July 14, 1993, Section IV. <br />Re: File No. M-96-087 <br />Bad Boys of Cripple Creek Mining Co. <br />Formal Objection of the City of Cripple Creek Page 2 Of 8 <br />