NEDERLAND - The Nederland Board of Trustees (BOT) met on Tuesday, March 4, 2025, to discuss their official statement to the Division of Reclamation, Mining, and Safety and to Colorado water court, regarding the Caribou and Cross Mine’s application to become a Designated Mining Operation (DMO).

Before the start of the meeting, the Board held a closed Executive Session to receive legal advice “regarding Town-owned parcels for potential development,” and regarding “consideration of development of a Big Springs egress route.” 

Owners of the Caribou and Cross Mines, Grand Island Resources LLC (GIR), submitted their application for DMO status, prompting a period of public notice, that gives the surrounding community an opportunity to address their thoughts and concerns to the governing authority, the Division of Reclamation, Mining, and Safety (DRMS). 

A DMO refers to a “mining operation at which designated chemicals used in metallurgical processing are present on-site,” and also covers toxic or acid-forming materials, acid mine drainage, and uranium development or extraction. 

Though it requires the mines to operate under more regulations and oversight, GIR is seeking DMO status in order to continue operations and expansion of the Cross Mine.

After the mines were determined by DRMS to fit the definition of a DMO in February, 2022, they were issued a cease and desist order due to several pollutant violations involving excessive and toxic traces of copper and lead found in the watershed from December 2020 to August 2021. 

GIR were prohibited from reapplying for DMO status, effectively ceasing operation of their mines, from February 18, 2022 to January 18, 2023. After requesting extensions in February and December of 2023, GIR were given until January 17, 2025, to submit their application. 

The application was submitted on February 6, 2025. Once the DRMS deemed the application “complete for the purposes of filing,” the period of public notice and comment was set to begin, with the official public notice first posted and published on February 20. 

The notice will be published weekly until March 13; the period of public comment will end on April 2. Any community feedback on this matter 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.

The application will be evaluated based on specific criteria, including the impact the operation may have on the surrounding environment, the potential risks involved to public health, GIR’s reclamation plans, whether the company has remained compliant with state and federal regulations, and on the input from the local community.

Additionally, GIR’s application for the Cross Mine includes an increase of the permit area from 9.99 acres to 205.7 acres.

Trustee Luke Miller asked about GIR’s plans regarding the increase in acreage, to which Town Administrator Jonathan Cain hypothesized that their plans involved the expansion of mining for gold and other minerals, and the possible creation of a new processing mill.

Rich Orman, Co-Chair of the Sustainability Advisory Board (SAB), spoke of what he and fellow board members have ascertained from their review of the application. There are reportedly no formal plans for a new mill on the application, though GIR states their intention to create a mining operation to last the next 50 years.

Orman detailed that the Cross Mine would be using cyanide in the leaching process of the ore; that cadmium, arsenic, and lead could be found in their runoff water; and noted that GIR states in their application that there is no danger of polluted water leaking into our watershed or water supply.    

The original date for the DRMS to vote on their decision was set for May 7, but because the application was “complex,” according to the Division, the date was extended to July 7.  

Town staff requested further input from Trustees regarding the Town’s official position on the Caribou and Cross Mines’ DMO status. A draft letter to the DRMS from the Town of Nederland formally states their standing as a party of interest to take part in an upcoming public hearing. 

A public hearing requires GIR and any opposing party to “present factual information or expert opinions that meet legal evidentiary standards, as the hearing process follows rules similar to a non-injury civil case in district court.”

The Town’s draft letter reads: “We are actively working with Boulder County, the City of Boulder, and other regional stakeholders to coordinate our response to the permit process. Our approach is not rooted in opposition for opposition's sake, but rather in a commitment to ensuring that the process is thoroughly evaluated, that all statutory and environmental considerations are met, and that the best interests of our community and the region are upheld.

“Given the greatly expanded footprint of the Cross Gold Mine and the potential for significant environmental, technical, and socio-economic impacts—as demonstrated by historical cases in Clear Creek and Gilpin County—we respectfully request that the Board schedule a public hearing.

“We further urge the Board to request comprehensive, independent studies addressing the questions and concerns outlined above before any final permit decision is made. This process is essential to safeguard regional water resources, public health, and community welfare.”

It was recommended that the Town look into hiring a subject matter expert in order to have better representation and standing at the public hearing, which has yet to be scheduled. An expert would assist Town staff in gathering data on the ecological impact of GIR’s plans. 

Cain and Orman both reiterated that if the DMO application is approved by the DRMS, any expansion of the mines would be subject to the Boulder County permitting process, though GIR would not have to apply for any federal permits or permits through the U.S. Army Corps of Engineers.   

There was also question as to what, if any, agreements existed between Boulder County and GIR regarding any upgrades and maintenance of the roads leading up to the mines. Board members and members of the public expressed concerns about the inevitable increase in heavy vehicle traffic traveling through Town. 

Orman added that the SAB is scheduling special meetings, open for the public, during which they will be discussing and drafting a letter to the DRMS stating their opposition to the DMO application for Cross Mine. Their next meeting will be on Monday, March 10.

Comprehensive Plan 

The BOT also voted to approve Resolution 2025-07, officially adopting the Comprehensive Plan, which has been updated by hired firm SE Group. The approval of the plan also incorporates approval of the Downtown Subarea Plan, a noncommittal plan focusing on the Town’s standards for downtown development, developed by Studio Seed. 

The Nederland Planning Commission, the governing body responsible for adopting the Comprehensive Plan because of its role in advising on land use matters, officially approved the plan on February 26, after several rounds of discussion.  

Many initiatives across Nederland’s advisory boards have been on hold due to their desire to integrate with the Comprehensive Plan, which is intended to be the Town’s central guiding document. Trustees themselves have postponed their strategic planning discussions in order to “align municipal policies and priorities with the Comprehensive Plan.” 

Cain, Community Planner Britt DeMinck, and Planning Commission Chair Jim Reis all noted that the collaborative process between the governing boards helped to incorporate up to 29 edits and in-depth changes to the plan. 

“I’m very proud of the plan,” Reis said. “It really hits the things that we need for our community moving forward.”

Before the final vote of approval, Miller questioned how Town staff and SE Group are prepared for the ongoing public engagement to take place after official adoption of the plan. Cain answered that the public engagement process is essential, as the current course of action is to continually review and update the Comprehensive Plan every three or five years. 

In addition to adopting the plan from SE Group, the Board also approved increasing the total contract amount with the firm by $5,850, bringing the total to $205,188. 

According to the Agenda Information Memorandum (AIM) prepared by Cain, the BOT identified 32 areas within the Comprehensive Plan that required additional review.

“29 of these issues required additional consultant time to ensure clarity and accuracy,” the AIM reads. “These were valid policy and technical clarifications that improved the final document, although it did require work that was not initially scoped.”

As a result, SE Group is requiring the additional $5,850 to include the Board’s edits and finalize the plan, as well as to ensure PDF accessibility formatting, in order to comply with Colorado’s digital accessibility standards. The funding for this contract amendment is to come from the Town’s General Fund. 

Strategic planning

Once the Town’s Comprehensive Plan had been approved and adopted, the Board began discussing their Strategic Planning process for 2025 into 2027. Trustees laid out how they expect to organize with Town staff in order to develop an “actionable, measurable framework that guides the Town's priorities, ensuring alignment with existing plans, financial resources, and operational capacity.” 

Town staff’s recommendations for a “facilitated planning process” included defining clear and achievable goals; creating actions out of policies; having department heads develop actionable initiatives; implementing a timeline for the process structure; funding $5,000 towards facilitation services; and potentially engaging with a Department of Local Affairs (DOLA) representative. 

The AIM included a step-by-step suggested structure for the strategic planning process, which dictates that it should first engage stakeholders, then plan a Board retreat to develop priorities, and schedule collaborative workshops during which the development of implementable strategies will take place.

“It’s time to start knocking down pins,” Cain said, in regard to the Town’s obtainable future goals.

Cain detailed to the Board how the Strategic Plan for 2025 to 2027 will have a focus on the Town’s budget “situation,” and noted how the Town’s budget may significantly change between now and 2027. 

Trustees were tasked with providing feedback regarding the processes for public engagement, department and advisory board collaborations, and the Board retreat. Trustee Tania Corvalan suggested hosting public engagement first to curate data to discuss at the Board retreat; Cain added that an open house orientation with the public calls be organized.

Trustee Kristopher Larsen inquired from those Trustees who participated in the previous strategic planning process as to the effectiveness of the facilitator from DOLA. Mayor Pro Tem Nichole Sterling stated her belief that the facilitator did not succeed in expediently bringing the Board to developing what she labeled “smart goals.” 

Cain reiterated that the Town can request another representative from DOLA, or interview candidates for the facilitator position. They could also create a Scope of Service document for the position.    

While the BOT intends to continue the discussion over future meetings, a tentative date of July, 2025, was set for the desired completion and incorporation date for the Town of Nederland’s 2025 - 2027 Strategic Plan, in order to incorporate the Town’s goals into their 2026 budget planning process.

Replacing a water pump 

Nederland’s Utilities Manager Andrew Bliss proposed replacing one of the three pumps in the raw water pump station, a crucial part of the Town’s water treatment system. One of the three pumps was replaced last year; of the remaining two pumps, both installed in 2017, one had recently experienced an electrical failure. 

The replacement pump is expected to cost $10,989. Though not included in the Utilities Department’s 2025 budget, Bliss stated that the cost can be covered by the $265,600 the department has budgeted for Capital Improvement Funds. Bliss added that savings from the Bulk Water System and Backup Power Generator projects may offset the cost of the pump purchase. 

The Board voted unanimously to approve Bliss’s proposal to purchase a replacement pump. 

The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, March 18, 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.