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police, alarm systems, etc...) are dependent upon uninterrupted telephone service. The U.S. West telephone line that runs adjacent to the City's raw water transmission line is the only line providing these services. It is critical that these facilities be adequately protected, especially in an area where so much money is present. The City believes that, if the Bad Boys permit is approved, then adequate setbacks (buffer zone) must be provided between the City's property line and Bad Boys pit. Without adequate setbacks, proper subjacent and lateral support for the City's property would not be provided. In this instance, since Bad Boys intend to mine 50' deep at an approximate 50 degree slope, the City believes that an appropriate setback from the City's property lines and the eastern edge of the US WesUCity water transmission line easement would be a minimum of 50 feet. Moreover, the list contained at Section 6.3.2, Exhibit B to the application does not accurately list all of the facilities and pipelines within the affected area. The City's Exhibit A depicts the approximate location of the City's water treatment facilities adjacent to the Bad Boys current open pit. The following City owned improvements are located immediately adjacent to the current pit and are not contained on Exhibit B attached to Bad Boys application: (1) pressure reduction vault located north/east of the water treatment plant and less than fifteen feet from the edge of the current pit; (2) 2 fire hydrants located north of the City's water treatment plant in the approximate location of the City's water pipeline as depicted on Bad Boys Map 3; (3) a pressure blow off pipe located slightly east of the pressure reduction vault. The pressure blow off pipe is located within approximately 5 feet of the edge of the Bad Boys current pit. Finally, the mine plan states that the pit will be mined at 50 degrees and Bad Boys current pit greatly exceeds the 50 degree slope proposed in the application. Bad Boys would be in violation of their permit tomorrow if the permit were granted today. Moreover, that 50 degree slope is for consolidated rock, not unconsolidated mine waste. The pit cannot be backfilled to 50 degrees because the angle of repose of unconsolidated materials of this nature is much less than 50 degrees. The City requests that the State inspect the property and issue orders appropriate to protect the City from damage from the current open pit operation. 3. Not All Necessary Local Government Permits Have Been Applied For: At Paragraph 1 on Page 5 of their Application, Bad Boys stated that "all necessary approvals from local government have been applied for." This is untrue. Attached hereto as Exhibit F is a letter dated October 28, 1996 from Jane Mannon, Assistant Planner from the Teller County Planning Department which establishes (1) that she has reviewed the Application of Bad Boys on file at the Teller County Clerk and Recorder's Office; (2) that Bad Boys proposed mining operation requires a County Conditional Use Permit; (3) that Bad Boys have do not have a Conditional Use Permit for their proposed mining operation; and (4) that Bad Boys have not applied for a Conditional Use Permit. Re: Fils No. M-96-081 Bad Boys of Cripple Creek Mining Co. Formal Objec0on of the City of Cripple Creek Page 4 of 8