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onto ground adjacent to the pit. Tourists would "mine" the piles.g The surtace acreage affected by the "Turquoise Hunt" is not part of the current mining application, however, it Dearly exceeds the 1600 sq. feet prospecting limitation and has not been permitted at the State level by Bad Boys. D. Attached hereto as Exhibit I is a copy of the Multiple Listing Service "For Sale" listing for the Bad Boys property from September, 1993 which contained the following statement: NOW MINING SOME OF THE FINEST TURQUOISE IN THE COUNTRY. Bad Boys stated in Paragraph 5 on Page 5 of their application that they did not have any "mining/prospecting operations in this State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act." Certainly, this is an untrue statement. C.R.S. 34-32-120 states that "no permit for new mining operations shall be granted to any operator who is currently found to be in violation of the provisions of this article with respect to any operation in this state." This statute should be strictly applied to the Bad Boys pending application. Bad Boys obvious flaunting of the law should be of as great a concern to the State as it is to the City and should be a factor in the State's decision whether to issue the permit and what limiting conditions, if any, should be applied to the permit. If Bad Boys will flaunt the law now, then anything could happen after they have been given a permit to excavate a larger area. The City is especially concerned about this given the close proximity of the City's water treatment plant and pipelines. To forestall any question that it was not the Bad Boys who excavated their current pit to its current size, the City has investigated and determined that the former owner of the property, Delma Monk, conducted some small-scale mineral prospecting on the property between 1986 when she purchased the property and 1988 when she sold it to Bad Boys. In 1988 when she sold the property to Bad Boys, her prospecting pit measured approximately eight to ten feet wide and six feet deep. Her small pit was located near the south boundary of the subject property north of the current fence separating the Bad Boys property from the adjoining property of Wallace and Joanne Burtis. Ms. Monk has advised the City that the current depth of the pit and its excavation to the north, east and west have been done since she sold the property to the Bad Boys in 1988. At Section 6.3.3, Exhibit C, Mining Plan, applicant states that there have been "historic mining activities" on the property that have disturbed the permit area. This is disingenuous because much of the historic mining activities are from Bad Boys. In fact, e See attached Exhibit H, copies of Conditional Use Permit Application and related documents. Re: File No. M-96-081 Bad Boys of Cripple Creek Mining Co. Formal Objectlon of the City of Cripple Creek Page 7 of 8