PERMFILE133187

• Permit No: M1996081
• IBM Index Class Name: Permit File
• Doc Date: 11/29/1996
• Doc Name: BAD BOYS OF CRIPPLE CREEK MINING CO INC BAD BOYS PIT DMG FN M-96-081
• From: FELT HOUGHTON MONSON LLC
• To: DMG
• Media Type: D
• Archive: No

A •
Bad Boys obviously was aware of the Conditional Use Permit process because
they obtained one for the same property in 1991 to conduct the tourist turquoise mining
operation described below. Clearly, Bad Boys have not met all the statutory prerequisites
for submitting their application.
4. Bad Boys Current Pit Is an Illegal Mining Operation, Not Prospecting.
The City is concerned that the applicants have been operating an illegal mining
operation on their property for several years. This issue is relevant for many reasons,
primary of which is that it casts doubt upon Bad Boys ability and resolve to comply with
the terms and conditions of the permit sought in the present application.
Pursuant to C.R.S. 34-32-1-3(12), only 1600 s.f. of land may be disturbed for
prospecting purposes without obtaining a mining permits The current open pit on the Bad
Boys property is approximately 50 feet wide, 40 feet deep and ramps from the surface
for about 100 feet from the east,s thus it greatly exceeds the statutory prospecting limits.
Moreover, by statutory definition, "prospecting" means the "act of searching for or
investigating a mineral deposit . ..prior to the commencement of development or
extraction operations." Prospecting does not include a mineral extraction operation, which
is what Bad Boys have been engaged in since 1988. C.R.S. 34-32-103(8) defines a
"mining operation" as
the development or extraction of a mineral from its natural occurrences on affected
land. The term incudes, but is not limited to, open mining and surtace operation
and the disposal of refuse from underground and in situ mining. The term includes
the following operations on affected lands: Transportation; concentrating; milling;
evaporation; and other processing.
The following is a summary of evidence establishing the extent of Bad Boys
current unpermitted mining operation.
A. In response to an Interrogatory served upon Bad Boys by the City in Case No.
92CV134, District Court, Fourth Judicial District requesting that they detail all "mining
activity" they have engaged in on the property from 1968 to the present, Bad Boys gave
the following answer:
s Pursuant to Rule 5.1.1 of the Hard Rock Mining Rules and Regulations, Bad Boys
should have obtained a "prospecting permit" for their mineral prospecting operation.
These figures are extracted from Exhibit B, the Report of Carlton E. Gerity dated
September, 1996. Mr. Gerity conducted his field trips in October and November, 1994
and prepared the Bad Boys Application in January, 1996. The Bad Boys have mined the
property during the past summer, so presumably the current pit size is larger than the
dimensions stated in Mr. Gerity's September, 1996 report.
Re: File No. M-96-081
Bad Boys of Cripple Creek Mining Co.
Formal Objection of the City of Cripple Creek Page 5 Of 8