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<br />would be unsafe, impractical and not feasible." <br />Further, at page 9 of Exhibit B, Mr. Gerity stated: "The rock is well weathered and <br />the digging by machine is fairly easy." <br />E. David Graham, a principal owner of Bad Boys, was buried in a pit slope failure <br />several years ago and had to be dug out. <br />In summary, the City believes that the Applicants have completely failed to <br />demonstrate adequate slope stability for the proposed mining operation. Reliance upon <br />the degree of slopes existing at other properties many miles distant from the proposed <br />mining operation, as Mr. Gerity has done in this case, is an improper methodology. Bad <br />Boys must be required to perform appropriate geotechnicel studies and submit a <br />Geotechnical Stability Exhibit. If they do not, then the application should be denied. <br />2. The Proposed Mining Plan Does Not Afford Adequate Subjacent and <br />Lateral Support for the City's Property Nor Adequate Setbacks. <br />Colorado law requires that any mining operation provide adequate subjacent and <br />lateral support for all adjacent property. The general rule is that the owner of the surface <br />of the land "is entitled to have his land remain In their natural state, both laterally <br />and subjacently." Colorado Fuel & Iron Cora• v. Salardino, 245 P.2d 461, 464 (Colo. <br />1952). <br />The City does not believe that Bad Boys proposed plan provides for adequate <br />subjacent and lateral support for its adjacent property. Map 2 (dated 12-22-95) and Map <br />3 to Bad Boys Application package do not depict the setback areas necessary to provide <br />adequate subjacent and lateral support nor has Mr. Gerity suggested what appropriate <br />setbacks from the City's property line would be. <br />Map 3 to Bad Boys Application shows a "Utility Easement" for Water Supply Pipe <br />and Telephone Line.' The City's only raw water transmission line -which transports raw <br />water from the City's reservoirs on Pikes Peak to the water treatment plant (also shown <br />in Map 3) -runs in that Easement. The water treatment plant is located extremely Gose <br />to the west of the edge of Bad Boys current pit. The City's 1200 residents, 25 casinos <br />and numerous hotels and businesses use an average of 450,000 to 500,000 gallons of <br />water per day. Any breach, disturbance of the City's water line or interruptions or impacts <br />to the City's water treatment facilities would cause substantial damage to the City and its <br />inhabitants. <br />In addition, all of the City's businesses, casinos and emergency services (fire, <br />Exhibit E attached hereto is a copy of the Easement entered into between Bad Boys <br />and U.S. West Communications, Inc. conveying the telephone easement to U.S. West. <br />Re: File No. M-96-081 <br />Bad Boys of Cripple Creek Mining Co. <br />Formal Objection of the City of Cripple Creek Page 3 Of 8 <br />