NEDERLAND - The Nederland Board of Trustees (BOT) met on Tuesday, March 18, 2025, to give a final review to a letter of concern to the Division of Reclamation, Mining, and Safety. This letter is in opposition to Grand Island Resources LLC’s application for reopening the Cross Gold Mine.

The meeting was preceded by a closed Executive Session “to receive legal advice and to instruct negotiators regarding Nederland’s Application for Reasonable Diligence, Water Court Case Nos. 24CW3021, Eldora’s Application for Conditional Storage Rights, Water Court Case No. 23CW3176 and Nederland’s Statement of Opposition in that matter, and continued development of Nederland’s water rights.”

Cross Mine’s application
After being prohibited from reapplying for Designated Mining Operation (DMO) status because a cease and desist order was administered from February 18, 2022 to January 18, 2023 due to several pollutant violations, Grand Island Resources LLC (GIR) submitted a new DMO application on February 6, 2025. 

GIR’s application for the Cross Mine is for resuming mining operations and includes a proposed increase of the permit area from 9.99 acres to 205.7 acres. It has been hypothesized by Town officials that the expansion may include the possible creation of a new processing mill.

The Division of Reclamation, Mining, and Safety (DRMS) deemed the application “complete for the purposes of filing,” and posted and published the first public notice on February 20, 2025, kicking off a period of public comment that ends on April 2.

Any community feedback regarding Permit No. M-1977-410 can be submitted to the Division of Reclamation, Mining and Safety, 1313 Sherman St. Room 215 Denver, CO 80203, as well as by phone at (720) 665-0836.

Nederland Sustainability Coordinator Cass Grady and the Sustainability Advisory Board (SAB) have dedicated their time to reviewing the complex DMO application in order to research the potential impacts to the environment, to public health and safety, and to natural and cultural resources. As a result they have been developing a letter of concern to the DRMS. 

The Board was tasked with providing Town staff direction on whether to revise the SAB’s letter based on input from regional partners like Boulder County and The City of Boulder and from the Town Attorney. Town staff also required the Board’s suggestions and their answers to the SAB’s questions to be edited into the document before a vote for approval.   

Town Administrator Jonathan Cain noted some of the questions the Town of Nederland had for GIR regarding the DMO application. These questions addressed GIR’s planned emergency response and emergency notification systems; the procedural transparency they were going to provide; the impact on wildlife and on vulnerable populations; the “technical capacity” of their proposed operations; and the financial accountability and oversight they will provide.

Cain reiterated that the drafted letter comes from a place of concern, not of blanket opposition to GIR’s application and the plans mentioned within.

Mayor Pro Tem Nichole Sterling asked about how GIR plans to mitigate the impacts to Nederland’s noise and air quality, as well as to local property values. 

Cain answered that the application does not define how the mine will operate in terms of the amount of dust to expect from the milling process, or to the amount of transport to expect through Town. 

As for the potential impact to property values, Cain specified that the Town’s letter to the DRMS asks for clarification on how GIR will monitor the impact its operations will have on other local tunnels. Cain foresees possible issues such as water moving in “unexpected ways,” or land becoming toxic and requiring remediation and federal intervention. 

Sterling also inquired as to whether the Town will be considered in the Cross Mines’ emergency planning. Cain stated that there was concern regarding mine-related wildfires affecting Nederland, despite the town being more than three miles away from the Cross Mine. He explained that the Town’s insistence that it be included in emergency planning and training would be added to the letter.

The BOT voted to approve submitting the letter as the Town’s official statement to DRMS regarding the DMO application for Cross Mine, noting that Town staff would be revising the letter after conferring with regional partners and the Town Attorney.  

The Town of Nederland plans to mail out the letter before the end of March. 

NDDA bylaws
Due to the last iteration of the Nederland Downtown Development Authority’s (NDDA) bylaws from 2018 having never been approved by the BOT, the Authority discussed drafting an update to the bylaws during their last meeting on March 12. 

During this meeting, members of the NDDA were in agreement with the new language to be added to bylaws, suggested by the Authority’s Executive Director, Kate Masingale.

The NDDA’s proposed revisions include: removing provisions that are no longer applicable; adding language on conflicts of interest, the Secretary role, committee responsibilities, and the competitive bidding process; ensuring cooperation during the audit process; and allowing the BOT liaison to the Authority to have full voting rights. 

Additionally, Cain included suggestions on behalf of the Town to better clarify the relationship between the BOT and the NDDA. 

These suggestions include: language specifically stating that the BOT has full discretion in appointing new members to the NDDA, with or without the recommendation of the Authority; defining the process of collaboration during the NDDA’s budgetary process, which Trustees must, by statute, approve; requiring a yearly review of the Authority’s Plan of Development; and establishing oversight of the NDDA’s project planning process. 

The Board ascertained which of the suggestions should be added to the bylaws and which should be included in a Memorandum of Understanding (MOU) between the NDDA and BOT, currently planned to be drafted.

The MOU will address matters such as clarification of the Town’s role in the financial management of the Authority, in administrative and project oversight, on the process for BOT approvals of NDDA matters, and on the best practices for collaboration between the two entities. 

The bylaws and MOU will come before the BOT for final approval after the NDDA have completed discussion, review, and drafting of both documents.  

Board appointments
Trustees were tasked with appointing a primary and secondary voting member to the Colorado Communities for Climate Action (CCCA) Board of Directors. The CCCA is an advocacy group calling for more effective state and federal climate policies. The Town of Nederland is one of 44 local governments that are partners in this endeavor. 

Though meetings of the CCCA have been attended by Grady and Tom Mahowald of the Planning Commission, no member from any of Nederland’s boards had expressed interest in being a voting member of the CCCA prior to the meeting. 

In following Town staff’s recommendations, the BOT voted to appoint one member from the Board, Trustee Kristopher Larsen, as the primary member, and a member of Town’s planning department, Grady, as the secondary member.

As for appointments to the Town’s own advisory boards, the Board first voted to approve the SAB’s recommendation to move Eryka Thorley from the alternate position to a full position on their board, and to place Tom Wilmoth to the alternate position.

Trustees also voted Kyle Busey, owner of Busey Brews, into the open seat on the NDDA. Masingale added that Nathan Smallwood had recently resigned from the Authority, and stated that the NDDA would like to recommend applicant John Thompson, owner of Mountain Man Outdoor Store, to the newly available seat.

Supporting TEENS, Inc.
The Board approved a letter of support for TEENS, Inc. in their request for congressionally directed funding. TEENS, Inc. hopes to use the funding toward the cost of their childcare expansion, which includes the new center being constructed on Town-owned land. 

The letter to Senators Michael Bennet and John Hickenlooper reads: “Right now, Nederland is facing a serious shortage of childcare options, which puts a strain on working families and hinders our local economy. TEENS, Inc. is stepping up to meet this need by significantly expanding childcare services—a move that will triple the number of available childcare slots.

“Our Board of Trustees unanimously supports this partnership, recognizing the positive impact it will have. The new center will prioritize the needs of our community by offering tuition subsidies for lower-income families and creating new job opportunities—including pathways for high school students interested in early childhood education careers.

“This project has received overwhelming community support, demonstrated by a successful public vote with 72% of residents backing the land use decision. It's clear our community is eager to see this expansion move forward, and we believe it will have a lasting positive impact on families and our local economy.”

New liquor license rule
The BOT also approved Ordinance 874, amending Nederland Municipal Code to permit the Town Clerk to approve liquor license applications from local businesses. With public hearings on new liquor license applications no longer being required by state legislation, the Town Clerk can now be empowered to follow state law and accept or deny applications based on specific criteria.  

A public hearing may still be requested by the public in the event of any opposition to an application or based on issues about the applicant’s character.

The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, April 1, 2025, at 7 p.m. and can be attended either online or in person at the Nederland Community Center. 

For more information go to: https://townofnederland.colorado.gov/board-of-trustees.