SANJUAN COLD.COLORADO BOARD OE COMMISSIONE RS TOWAOFS SILVERTON BOARD OF TRUSTEES MEL TING AGEND. February 23, 2022 Due to the continuing COVID-19 concerns. San Juan County meetings will be conducted in a hybrid virtual/in- person format. All persons including BoardMembers. Staff and those with appointments scheduled on the agenda may meet in person or via zoom. At risk participants are strongly encouraged to wear a mask. We encourage community members to participate via zoom. The information necessary to connect to the public meeting is listed below. CALL TO ORDER: 6:30 P.M. APPOINTMENTS 6:35 P.M. Bonita Peak Mining District Superfund Site Consent Decree 7:00 P.M. San Miguel Power Association-Proposed Road Closures 7:20 P.M. Willa Williford - S.H.I.P. Pre-Development Assistance Anvil Mountain Subdivision 7:40 P.M. Gilbert Archuleta - Fire Authority Update 8:00 P.M. Marcel Gaztambide - Outstanding Waters 8:20 P.M. Cemetery Fencing Update 8:40 P.M. OHV Discussion Other Adjourn Times listed above are approximate. Discussion of an agenda item may occur before or after the assigned time. Next Regular Meeting - March 9, 2022 8:30 A.M. Join Zoom Meeting https: 290mus/92138473203 Meeting ID: 921 3647 3203 One tap mobile + 1690083.9208472037 US (San Jose) +12532158782,92136473203# US (Tacoma) Dial by your location + 1 00 6833 US (San Jose) /82 US (Tacoma) +1 r 48 7799 US (Houston) +1 4 9923 US (New York) +1 8592 US (Germantown) + 1 799 US (Chicago) Meeting ID: 321 3647 3203 Townof Silverton a 08 SAN JUAN COUNTY PO Box 250 PO Box 466 Silverton, CO 81-33 Silverton, CO 81-433 970-337-5522 970-387-5766 Assistant Attorney General, U.S. DOJ, Environment and Natural Resources Division, P.O. Box 7611 Washington, DC 20044-7611. pubcomment-es.enrd@usdo,.gov In re: Gold King Mine Release in San Juan County, Colorado on August 5, 2015, D.J. Ref. No. 90-11-3-11676 and No. 90-11-6-20816 The purpose of this correspondence is to comment on the Consent Decree lodged in In re: Gold King Mine Release in San Juan County, Colorado on August 5, 2015, MDL no. 1:18-md-02824- WJ and published on 01/28/2022 in the Federal Register, 87 FR 429, Document No. 2022-01584. While the Town of Silverton and San Juan County, Colorado support the Consent Decree generally, this support comes with reservation. In light oft the complexity of the geology, the near impossibility of separating anthropogenic impacts from natural loading with precision and the circumstances surrounding the Gold King Spill, we recognize the settlement amount between the parties is appropriate. Our reservation is related to the amount provided by the United States on behalf of the EPA and the allocation of funds, which we believe should be modified based upon the assurances the EPA made to the community in return for San Juan County and the Town of Silverton requesting the NPL and Superfund which is the subject matter of Consent Decree. I. BACKGROUND AND SUPPORTING: FACTS The Gold King Incident caused a severe impact upon the Town of Silverton and San Juan County as well as other downstream users. To determine to what extent Sunnyside Gold contributed to the Gold King Spill, millions of dollars and years oflitigation could be expended on experts and lawyers. Therefore, we strongly support the consent decree to the point that Sunnyside Gold/Kinross has agreed to commit $45,000,000 to help mitigate the environmental impacts the Gold King Incident and their tailings impoundments have on the watershed. However, there should be no argument that the EPA and their contractor were directly responsible for the Gold King Incident and as such should be directly responsible for the adverse impacts that they have inflicted on downstream communities as a result of that incident. The proposed consent agreement provides EPA with the opportunity to acknowledge the adverse 1 See House Committee on Natural Resources: EPA, the Department oft the Interior, and the Gold King Disaster Report, February 11, 2016. Ahtps.irpulisam-matunlsausahausmiea report with hrmingseinhahlepir st chisincident B In n! Sir pwan RiyrBam- 1e etthe etucnuent motes - mmunities P h -l CT ated. Shortly afcer the Gold Ixng Incient ("CI representanves from EPA made assurancos thar everyone impacted by the spill would be compensated and made whole Many ofchose assurances were not honored. The EPA assurances inc luded providing financial support to San Juan County and the Town ofSilverton to address community needs for the health. safety and welfare ofthe community. The negotiation resulted in a negotiated Cooperative Agree ment (EX. 1) for a sum certai of $8.749,135.00 More specifically, in a meeting held in Silverton, Colorado on December 18, 2015, EPA representatives assured TOS/SJC representatives the Cooperative Agreement would be honored but could not be executed until the NPL was established. Establishing the NPL Superfund, required San Juan County and the Town of Silverton submit the request to the Governor. Relying on the financial support promised and acting in good faith, on February 22, 2016, the TOS/SJC submitted the request, which resulted in the NPL listing and the Superfund which is the subject matter of the Consent Decree. In December of 2016, one vear after San Juan County/Town of Silverton's NPL request was provided and the Superfund was established, EPA representatives informed the community they would be unable to honor the agreement but would find a way to assist the community. The EPA referred to regulations, funding authority encumbrances: and concerns offuture litigation in their explanations. The Consent Decree now, for the first time, provides an avenue for the EPA to honor the promises they made to those impacted in the watershed. The EPA's decision to breach the Gold King portal created serious political damage to San Juan County. Downstream communities accused the county of neglecting their responsibility to address the environmental issues created by the mining industry. There was a public relations campaign accusing the County as being more at fault for the occurrence ofthe Gold King spill than the EPA because we had failed to ask for superfund designation prior to the incident, in reality, the County for decades supported the remediation work of the Animas River Stakeholders Group2 and ofSunnyside Gold. More than sixty mine remediation projects were completed prior to the Superfund Designation. If measured, more improvement in the Animas River Watershed was accomplished by the Animas River Stakeholders Group in the twenty years prior to the superfund designation than in the years following designation for a fraction ofwhat has been spent by the EPA since the GKI. The divisive campaign resulted in downstream users threatening to use their political clout to urge the Governor to request superfund designation regardless of our concerns and issues. Ifthat outside pressure had not been directed at us, we would not have been rushed into requesting the superfund listing and would have been able to address and negotiate the concerns and issues that the listing would create. The National and International press presented an orange toxic river to the world. The picture ofthe three kayakers in the orange Animas provided a lasting impression. That same picture gets presented every time the issue of the Gold King or Bonita Peak Mining District makes the news. The Washington Post even reviewed a spicy chicken sandwich comparing the color ofthe 2 Jonathan Romero, Animas River. Stakeholders disband after 25 years of cleanup efforts, Durango Herald, August 29, 2019. https://www. durangoherald.com/arideyarimasiver-stakeholders disband- ater/5yearsoldleanup. efforts/ 3 Shane Benjamin, Durango kayaker reacts to. Animas River photo that went viral, Durango Herald, August 9, 2015. https//ww.durangcherald.com/artice/20150809/NEWS01/A15080957/Purangolayakerreactste-AnimasRRiver-photo-that went-viral/ snudweh To the CnIor o1 nlapnas Bive trhiss had anu ver'se impae uponsr tourr-bns econems. The Animas Rivenjs loratedin desinatud: smhc corridor as 1d the Dunzoztt Silserton Narrow Chauge Rlevetis pa! ial Eu the iivei he 1a nge ia ertbanknthe LiVAg detract from the m ignincenr scenc ry OI the canyon Downstream commercial business and agricultu ue were impacted by the spill. fishing aud rafting guides were unable CO operate in the orange waters ofthe Animas. Farmers ofthe Navajo Nation struggled to sell their crops that were watered from the Animas. The EPA needs to be responsible for those financial losses. II. LEGAL AGREEMENT On August 5, 2015, the Gold King Spill occurred. In response to the GKI, the Town ofSilverton and San Juan County, Colorado ("TOS/SJC") began meeting with downstream communities and with representatives of the Environmental Protection Agency ("EPA"). Over the months which followed, TOS/SJC representatives, including legal counsel, negotiated a Cooperative Agreement with EPA representatives. The Cooperative Agreement provided assurances to San Juan County and the Town of Silverton concerning the health, safety and well being of the community. These assurances were offered and negotiated in consideration for the TOS/SJC requesting the State of Colorado submit a request to the EPA to place specific sites in the mining district on the National Priority List. In December of2015, the Cooperative Agreement was finalized between the parties and discussions were related to whether the TOS/SJC NPL request needed to precede the Cooperative Agreement. (See Exhibit 1). In a meeting held in Silverton, Colorado on December 18, 2015, EPA representatives assured TOS/SJC representatives the agreement would be honored, but could not be executed until the NPL was established. Establishing the NPL Superfund, required San Juan County and the Town of Silverton submit the request the Governor. Acting in good faith, on February 22, 2016, the TOS/SJC submitted their NPL request (EX. "2") which incorporated the following: The purpose of this letter is to request that the State of Colorado make a request to the EPA that the Bonita Peak Mining District Site as defined by the EPA's attached list of specific properties from which, according to data already gathered, discharges may be adversely affecting water quality on the Animas River, be added to the National Priority List thereby making it eligible for funding under Superfund. As part of this request, we ask that you work closely with us to ensure the EPA addresses the points in Exhibit A. We understand that some ofthe points cannot be addressed until after a listing is obtained but we are depending on you to continue to stand with us throughout this process. Of significance, Ex. A included reference to the Cooperative Agreement, 6. EPA will authorize and fund, via a Cooperative Agreement, Community Assistance (CAG) Grants or otherwise, financial assistance to the Town and County to enable them to meaningfully participate in all activities related to 4 Maura Judkis, KFC's Cheetos chicken sandwich looks toxic and tastes like a missed opportunity. Washington Post, July 17, 2019. https/www.washingtonpostcom/newsoradousw/wp2019/07AZAESches-cheetoschicensandwchicokstontcand-tastes-lkea: missed- opportunity/ thwsitemlwlliw all mpaets eusebythu Lrola Kinvinelnt the supertun : listng au ciea 1up inclur ng euhursiss nhs Town: anrl - Counis forexpe nses incured feomand alter August 5: 2p15. Beenuse. ulike the usualSupe Efuuid sites the Gold King spull was cuused 7 Sythe EPAS contract 1' and thus the EPA bears financial responsil ility for allcnnsequences: ofthat spill. the scope of thisa assistance is intended to be considerably Broader than typical for Superfund listings and to cover all expenses reasonably stomming from the Gold King incident the listing process and all post-listing costs including housing, legal assistance, additional manpower needs, etc. (Exhibit TOS/SJCLTR". Ex A.6). On February 29, 2016, then Governor Hickenlooper, submitted the State of Colorado's request to the EPA Region 8 Administrator Shaun McGrath. (EX. 3). The State of Colorado's letter stressed the importance that the EPA do all that it can to address the concerns raised by the Silverton and San Juan County officials in their February 22, 2016 letter (attached). I share many of their concerns" The TOS/SJC representative negotiated the agreement in order to protect the community from both direct and indirect impacts the NPL would have on the community and economic activity. The following mutual interests are included in the agreement: improved levels of services and operations; ensure future adequate planning and preparedness; provide improvement to public safety; monitor and mitigate public health and environmental concerns; promote local economic health; and provide accurate documentation and record keeping ofe events and manage cost recovery and compliance records. The community has carried the burden ofthese activities, remained without the capacity to apply for and obtain critical resources, and missed out on the opportunities due to the Superfund Designation and the lack of support promised. In sum, the community has experienced real costs and missed opportunities for maintaining the local infrastructure and health and safety services, which would have been mitigated if EPA would have fulfilled their promise. III. PURPOSE OF THE SBITLEMENT By entering into this Consent Decree, the mutual objective of the Parties is for Settling Defendants and Settling Federal Agencies each to make a cash payment to resolve finally their alleged civil liability, and the liability of Settling Defendants Related Parties, with regard to the Site under CERCLA, CWA, and RCRA as provided in the Covenants by Plaintiffs in Section VIII, subject to the Reservations of Rights by United States and the State in Section X, and as provided in the Covenants by Settling Defendants in Section IX and the Effect of SetlemeniContribution Protection in Section X. (Consent Decree). According to the Proposed Consent Decree; "Site" will mean the Bonita Peak Mining District Superfund Site in San Juan County, Colorado, EPA Docket ID No. EPA-HQ-OLEM-2016-0152, as published in the Federal Register on September 9, 2016, 81 Fed. Reg. 62397. The definition for this Site will be construed to include all areas of the Site ever defined or described by EPA for purposes of orin relation to the National Priorities List, 40 C.F.R. Part 300, including any further expansion of such Site as may in the future be determined by EPA. Id. The provision providug the definition. ncludinrany Cavthorixpan-ion ofsuchSte as mayil the future he de termuned lbs EPA. in essence. allows the agenes: to idourifs ans property ownez within San Jius 1 Comty as a Potentiall Responsible Party. Mopower, the EPAhas decl lared "the boundaries ofthe BPMD site have not been determined, may potentially [extend] to wherever contamination from these source S comes to be located," and "will be determined based on investigation regarding the extent of the release and the risks posed by the relense."s IV. AUTHORITY SUPPORTING MODIFICATION AND RIGHT OF INTERVENTION Concerning consent decrees, the Supreme Court explained that a court cannot lend its imprimatur to a settlement unless: (1) it "springls] from and serve(s] to resolve a dispute within the court's subject matter jurisdiction"; (2) it come[s] within the general scope ofthe case made by the pleadings'; and (3) furthers the objectives upon which the complaint was based. Local No. 93, Int'l Ass'n of Firefighters U. Cleveland, 478 U.S. 501, 525-26, 106 S.Ct. 3063, 3077, 92 L.Ed.2d 405 (1986) (citations omitted). The United States Supreme Court has made clear that there is no prohibition against consent decrees that exceed the possible bounds of a decision issued directly by the trial court. A consent decree consists ofthe parties' legal claims in conjunction with the parties' consent, a court is "not necessarily barred from entering a consent decree merely because the decree provides broader relief than the court could have awarded after trial." Firefighters, 478 U.S. at 525, 106 S.Ct. at 3077. Non-Settling PRPs have interests sufficient to support intervention as of right. See United States U. Albert Inu. Co., Inc., 585 F.3d 1386 (10th Cir. 2009). San Juan County and the Town of Silverton, to date, have forgone their right to sue and intervene in the interest of moving forward with addressing the cleanup those in the watershed have been anxiously awaiting. However, the community has a significant protectable interest which will be impaired if the modification requested is not incorporated into the Consent Decree, because San Juan County and the Town of Silverton were not adequately represented in this matter. a. Significant Protectable Interest San Juan County and the Town of Silverton have a significantly protectable interest, 1 meaning that "(1) it asserts an interest that is protected under the law, and (2) there is a relationship' between its legally protected interest and the plaintiffs' claims." Lockyer, 450 F.3d at 440-41 (citation and internal quotation marks omitted). An applicant seeks to intervene to protect their rights to contribution under CERCLA, and to ensure that the consent decree embodies a fair and reasonable allocation ofliability. By its plain language, CERCLA provides to a no settling PRP a statutory right to contribution from other PRPs. Section 113(f)(1) provides that "[a)ny person may seek contribution from any other person who is liable 5 See U.S. District Court of New Mexico. Case No. No. 18-md-02824-W.. IN RE: GOLD KING MINE RELEASE IN SAN JUAN COUNTY, COLORADO. ON AUGUST 5, 2015 Doc. 46-3 at 2. 16. or porentially liabie understion 07w0ofthiurle. during or followue ans nsilaction und I seccion 9606 ofthis titie under -eetion 9607(a) of'thus title * 42 LS.S 3 06130(1) Courts ae instructelte resolve comtribution claims bs: allocating response costsam ne liabile parties using such equitable factors as tie court determines are appropriate. - Id. Section 113()2). however, makes che right ofcontribution unavailable aguinst any PRP that enters intu an approved settlement with "the United States 01 a State": A person who has resolved its liability to the United States 01 a State in an administrative O1 judicially approved settlement shall not be liable for claims for contribution regarding matters addressed in the settlement. Such settlement does not discharge any oft the other potentially liable persons unless its terms SO provide, but it reduces the potential liability of the others by the amount of the settlement.42 u.s.c. S 9613(f)(2). The Tenth Circuit has held PRPs have interests sufficient to support intervention as of right. See United States U. Albert Inv. Co., Inc., 585 F.3d 1386 (10th Cir.2 2009). b. Impairment ofInterests Under Rule 24(a)(2) and S 113(1), an applicant must be situated such that the disposition of the action may, as a practical matter, impair 01 impede its ability to protect its interests. It is undisputed that 'disposition ofthe present litigation could bar or reduce the monetary value of the contribution claims ofthe prospective intervenors against the settling PRPs." Union Elec., 64 F.3d at 1167. Non-settling PRPs may be held jointly and severally liable for the entire amount of response costs minus the amount of the settlement. CERCLA SS 107(a) & 122(h)(4). C. Adequacy of Representation As prospective intervenors, San Juan County and the Town of Silverton are seeking to protect a financial interest not shared by other citizens in not losing a right to seek contribution from the settling PRPs and in not being subjected to excessive liability for the clean-up. Accord, Dimond U, District of Columbia, 792 F.2d 179, 192-93 (D.C. Cir. 1986) As in Dimond, the EPA would be shirking its duty were it to advance this narrower interest at the expense ofits representation of the general public interest. Id. There is no existing party to this litigation who can adequately represent the identified interests of the community. V. REQUEST AND CONCLUSION First, the Town of Silverton and San Juan County, Colorado (TOS/SJC) requests the Department of Justice increase the Consent Decree funding on behalf of the EPA for $8,749,135.00 to be provided to San Juan County and the Town of Silverton.6 If the U.S. and the EPA are unwilling to support this request. the community requests the DOJ support and the District Court of New Mexico Order the 6 The. Judgment Fund pays court judgments and compromise settlements of lawsuits against the government. Federal agencies may ask the Bureau of the Fiscal Service to pay from the Judgment Fund for court judgments and Justice Department settlements of actual or imminent litigation against the government. ntps/IisalreasurygoVlvdgment-fiuna, transièr DI 8,749 18- oE the funds allocated to the EPA mto nn tneneumber account for the purpose ot halfillng the greemer nt negotiated between the TOS/SJC and Envirummental Protection Agency CEPA)in December of 2015 the EPA assured the comunty a nezotiated Cooperative Agreement (Ex. 1) in return for the TOS/SJC requesting the State of Colorado request the mining district, subsequently named the Bonita Peak Mining District ("BPMD"). be placed on the National Priority List. The TOS/SJC accepted the EPA's Cooperative Agreement offer and fulfilled their promise to provide the National Priority Listing request in the letter they submitted to the State of Colorado dated February 22. 2016. (Ex. 2). Second, the TOS/SJC requests the community receive priorits in all land transfers. More specifically, appre ximately 85 percent of San Juan County consists of federally owned lands and land transfers to other governmental entities or non-profits would negatively impact the property tax income. For example, Sunnyside Gold and Kinross provide San Juan County with approximately $17,583.00 in annual property tax revenue. San Juan County taxpayers are financially responsible for maintaining the roads, providing safety and other services needed on federal public lands where the muti-decadal remedial actions will take place. As it relates to direct private land transfers, we request San Juan County be allowed to place conditions on such transfers to protect access and right of way needs as well as assure all institutional controls and requrements are incorporated into the transfer documentation when applicable to the property. Third, the TOS/SJC request the Consent Decree foreclose expansion of the Site into the Town of Silverton or within the radius that would impact the availability of hnancial resources in the boundaries of the Town. Otherwise, the residents of San Juan County are left with the uncertainty the Superfund can consume the remaining private property within the Town ofSilverton. Fourth, the TOS/SJC requests appropriate funds be sought and allocated to an account which can compensate the unsettled tort claims for businesses who suffered damages and would have qualified if not for the EPA claiming their actions were discretionary. Finally, pursuant to 7003(d) of RCRA, the community requests an opportunity for a public meeting in the Town of Silverton San Juan County, Colorado to present the Consent Decree and respond to questions concerning the allocation of funds. Scott Fetchenhier. Chairman Shane Fuhrman, Mayor San Juan County Commissioners Town ofSilverton EXIBITA 1 TOWN OF SILVERTON AND SAN JUAN COUNTY, COLORADO U.S. ENVIRONMENTAL PROTECTION AGENCY COOPERATIVE AGREEMENT FOR GOLD KING MINE SPILL RESPONSE AND RECOVERY Project Contacts: William A. Tookey, San Juan County Administrator P.O. Box 466 Silverton, CO 81433 970-387-5766 anuamounyelronternet and Bill Gardner, Silverton Town Administrator P.O. Box 250 Silverton, CO 81433 970-387-5522 bgardheresilveron.ous PROJECT PERIOD: DECEMBER 1, 2015-NOVEMBER 30, 2020 This Cooperative Agreement is prepared to address community sustainability measures to prepare for current and future impacts to the Town of Silverton and SanJuan County, Colorado as caused and anticipated by the U.S. Environmental Protection Agency activities in the wake of the Gold King Mine Release. 1 I. INTRODUCTION On August 5, 2015, approximately 3,000,000 gallons of contaminated water was discharged from the Gold King Mine in San Juan County, Colorado, into Cement Creek, a tributary of the Animas River in the San Juan Mountains of southwest Colorado when contractors of the U.S. Environmental Protection Agency (EPA) were conducting an investigation of the mine for further remediation. The Gold King Mine is located approximately nine miles north of the Town of Silverton. The mine is one of over 400 abandoned and/or inactive mines in the San Juan Mining District of the Upper Animas River Watershed. The EPA is currently working on remediation activities to mitigate the Gold King Mine Release and to address water quality treatment measures. Future long term activities for the site and the region have not been determined to date. The Town of Silverton and San Juan County have been adversely impacted as a result of these actions and the attention of this widely publicized national environmental disaster. Now the poster child for cleaning up the nation's legacy of abandoned and inactive mines and acid mine water drainage, the Town of Silverton and San Juan County have real and present conçerns with the current impacts oft this event and ensuing activities as it relates to planning for a sustainable future for the community. II. HISTORICAL MINING BACKGROUND A proud and robust mining history has woven the. fabric of this community. Hardrock metals mining (primarily gold and silver) was the economic mainstay in San Juan County between the 1870's up to the early 1990's. The Town of Silverton was incorporated in 1876 and serves as the County seat for San Juan County, Colorado. It was the center of Hardrock mining commerce with both wagon and railroad transportation hubs serving remote mining camps and company mining towns of the mountainous region. Thousands of mining claims have been staked throughout San Juan County resulting in historic small and large mining operations with milling/smelting activities. Several boom-bust cycles typical of the industry played out over the century-long history of the mining era. These cycles brought influxes of prospectors, miners, families, bankers, assayers, surveyors, engineers, and business entrepreneurs. The bust eras produced ghost towns and are the depleted legacies of mining. Sunnyside Mine, the last large scale operation with more than 200 employees, closed in 1991, devastating the local economy. In the ensuing years, the mining history of Silverton and San Juan County has been proudly revived and preserved by the San Juan Historical Society. Most of the Town of Silverton is included in the Silverton Historic District, a federally designated National Historic Landmark District. Our mining and railway heritage contribute substantially to the local tourism economy today. 2 II. SETTING AND DEMOGRAPHICS The Rooftop of the Rockies, the. San Juan Mountains are. formidable and demanding. Located in the San Juan Mountains of southwest Colorado, San Juan County has the highest mean elevation of any county in the United States at 11,240 feet above sea level. The Town of Silverton resides at 9,318 feet above sea level. More than 85% of Sanl Juan County is federal land (United States Forest Service or U.S. Bureau of Land Management). With an official population of 718 residents, San Juan County is the 12th least populated county in the nation. More than 90% of the County's population resides within the Town of Silverton, which is the only municipality in the County. Silverton is characterized as a rural, isolated frontier community with a population that fluctuates from approximately 450 residents in the winter to more than 1500 in the summer. The alpine, subarctic climate produces cold, snowy winters and cool-warm summers with year- round precipitation. The region receives early and late snowfall in a long winter season (October-May) with well over 200 inches annually. The average annual high temperature is 52.2 degrees F and the average annual low temperature is 18.4 degrees F. The Town of Silverton is connected to the rest of Colorado by U.S. Highway 550 to Durango to the south via two 10,000 foot mountain passes (50 miles and one hour travel time in fair weather) and Ouray to the north via one 11,000 foot mountain pass (23 miles-45 minutes travel in fair weather). With over 200 inches of snowfall, U.S. 550 is notably the most avalanche- prone highway in the lower 48 states crossing high mountain passes and cutting through deep gorge canyons of the San Juans. Road closures for avalanche control during the winter months often leave the Town without supplies and mail services for several days. Electrical service interruptions also occur during heavy storm periods. IV. RESILIENT COMMUNITY A remote, frontier community making and remaking its destiny with drive and durability. Since the closure of the Sunnyside Mine in 1991 and the end of the mining economy, the community has struggled to reconfigure its economic base. A distinct and separate winter economy and a summer economy are evident today after many years of bleak but steady determinedness to evolve and grow a varied economy not dependent on a single-source industry. Hundreds of thousands of visitors descend on the Town and County in the summer. As the terminus of the Silverton Durango Narrow Gauge Train, the Town benefits from train ridership, which runs from May through October. The train makes several runs each day to and from Durango, Colorado, through the heart of the Weminuche Wilderness and dropping off its passengers in the Town's historic central business district. Silverton is the gateway to the San Juan National Forest and is the jumping off point to the widely acclaimed Alpine Loop of the San Juan Skyway which provides 4-wheel drive back road connections to the neighboring towns of the San Juans including Ouray, Telluride, Ophir, and 3 Lake City and the ghost towns along the routes. A vast and spectacular alpine trail system throughout the region provides access for backcountry hiking, fishing and hunting. In addition, the community holds special summer events with significant draws, including a worid renowned bicycle race, several mountain ultra-endurance running events, an old fashioned Fourth of July, and a historic band festival, among others. Destination historic tourism is a vital mainstay with a state of the art museum, mine tours, walking tours, and turn oft the century celebrations. Winter recreational tourism was firmly established in the area with the opening of Silverton Mountain Ski Area In the Cement Creek Drainage in 2002. The ski area is recognized for un- groomed, expert skiing terrain with the earliest snowfalls in the nation. Kendall Mountain is a small local ski area in the heart of Silverton which provides family fun with beginner ski terrain, sledding, and ice skating. Backcountry skiing, ice climbing, and snowmobiling are also major draws during the winter. However, the total winter visitor count is only a smail percentage of the summer visitations. The central business district (retail, restaurant, and lodging) fares well during the summer months but most establishments generally close after the last train in October. However, businesses remaining open during the winter often struggle just to break even. Winter recreation is heavily subsidized by the Town of Silverton to promote a winter economy necessary to provide key essential services to the winter population. Major employers in the community are Silverton Mountain Ski Area, Town of Silverton, San Juan County, and San Juan County School District #1 (Silverton Public School). A single, large historic hotel and several small manufacturing enterprises also provide some seasonal employment. The workers of San Juan County are continually ranked number one for the lowest wages of any Colorado county. In reality, Silverton and San Juan county residents hold several jobs at any one time during any particular season and are not employed year-round. Generally, summer workers arrive for the summer season only and depart at the end of that season with the small number of winter workers following a similar pattern. Community members struggle with the financial pressures and instabilities of this seasonal employment. As of November of 2015, 67% of school children qualify for the free or reduced lunch program. According to the 2010 Census, the average median household income is 77% of the State median household income and 12.2% of persons county-wide live below poverty level. Most critically, the community cannot meet the housing needs of the existing local workforce (seasonal or year-round). An acute shortage exists for quality affordable housing (either rentals and ownership). Approximately 65% of the existing housing stock are second/vacation homes (owned by persons whose primary mailing address is outside San Juan County). Town, County and School administrations fear the loss of essential workers serving the community if this condition is not mitigated in the near future. On a positive note, the Town boasts key institutions supporting a healthy year-round 4 community including a renowned and dynamic K-12 School (65 students) in a state-of-the-art building, a pre-school, a social-gathering community center, a health care delivery network, àn award-winning newspaper, numerous churches, and many non-profit agencies supporting enrichment and activities. These entities depend upon widespread community involvement and financial support. V. ECONOMIC HEALTH AND GOVERNANCE With the closure of the Sunnyside mine in 1991, San Juan County endured major reductions in tax revenues. With the loss of production taxes from the mine, the County's property tax revenues decreased by 50%. More recently San Juan County's tax revenues have continued to decrease. The last five years have been extremely difficult as the County's assessed valuation decreased from $58,975,390 in 2010 to an estimated $42,713,181 in 2016, a decrease of more than 26%. This has caused the county to reduce its operating budget and to eliminate positions. In addition to the decrease in valuation the federal budget reductions have caused a decrease in federal assistance. As BLM and Forest Service cut their budgets, a greater burden has been put upon the County to continue vital services. Additionally, those declining revenues have made it difficult to maintain or improve current facilities. While grant monies are often available, generating enough resources to satisfy the local match requirement is often impossible. The Town of Silverton's finances are heavily dependent upon sales tax. The sales tax revenues have remained steady over the last several years through the economic recession but were showing a substantial increase for 2015. The vast majority of sales tax dollars come from the tourism related industry. A decrease in tourism would prove to be devastating to the Town's economic health. Additionally, the lodging tax collected is a primary revenue for the marketing of the community and the loss of those marketing dollars could result in an ever decreasing cycle of our tourist based economy. VI. COMMUNITY RESPONSE TO GOLD KING INCIDENT Year after year, volunteerism and responsiveness are mainstays in emergencies and adversity. The Town of Silverton and San Juan County rapidly assembled a volunteer Response Team of seasoned professionals to assess and respond to the immediate safety, environmental, and public information needs associated with the Gold King Mine Release Incident. On August 5th, the day of the spill, county emergency resources were mobilized to respond to the incident. There was enormous uncertainty as to the cause of the accident, the toxicity of the water and the potential for another accident. By noon on the 5th, the Sheriff's Office, Emergency Management department, and Public Health department convened to determine the severity of the accident. At that point only 31 local agencies comprised the incident Management Team. Based on initial reports, the public health and environmental impacts were going to be significant. The only official communication at that time was a report from the Colorado Department of Public Health and Environment (CDPHE). A local Incident Management Team was established on Thursday, August 6th. Initial road damage was assessed and documented by 5 Friday, August 7th. Public Health alerts were released on August 7th. On the advice of the Emergency Manager, both the Town and County officials made an Emergency Declaration on Sunday August gth. The Silverton Emergency Response Team was expanded on Monday August gth to include Town support and business community support. The Local Incident team maintained representation and contact with the regional Incident Command established In Durango. The Silverton Emergency Response Team has maintained in formation throughout the incident. VII. PRE-AWARD COSTS The Town of Silverton and San Juan County have included in their Cooperative Agreement budget pre-award response costs from the date of the Incident through the date the Cooperative Agreement is executed. The Town and County have also submitted a Purchase Order (PO) to the EPA and CDPHE for reimbursement of these costs and, if said costs are reimbursed through the PO, then the costs can be removed from the Cooperative Agreement. Pre-award costs total $220,666.91 through October 31, 2015. VIII. COMMUNITY SUSTAINABILITY The future must be crafted with comprehensive measures, focused on a viable, sustainable community. In order to plan for a stable community in the wake of the Gold King Mine Release and the undetermined future actions that result from this incident, the Town of Silverton and San Juan County propose the following actions take place to: a. foster communication, coordination and collaborative actions in the community and with regional governments, stakeholders, Federal, State and Congressional representatives, and water user groups; b. coordinate education and outreach measures to foster public confidence; C. build continued resiliency in our local governments by building capacity and providing improved levels of services and operations; d. ensure future adequate planning and preparedness; e. provide improved public safety; f. monitor and mitigate public health and environmental concerns; g. promote local economic health; and h. provide accurate documentation and record keeping of events and manage cost recovery and compliance records/ projects. The Town and County propose a three-pronged approach with specific requests from the Town of Silverton and from San Juan County, combined with the formation of a Joint Community Impact Services Team focused on impact mitigation and planning. 6 IX. Work Plan-Town of Silverton The Town of Silverton has historically functioned with a small administrative staff. The Gold King Incident has primarily impacted administrative duties and roadway maintenance. In order to address these impacts on Town Staff and services, the following assistance is requested. A. Town Administration- 1 additional assistant administrator (plus 5 hours) The Gold King Incident has placed a heavy burden upon the Town Administrator. As the central coordinator of the Emergency Response Team, the Town Administrator has become the de facto point of contact and central command in all areas. In addition to his normal duties, the Town Administrator has been point person to meet the demands of inquiries, interviews, roundtable discussions from State, Federal, and Congressional entities and regional meetings. It is anticipated that the burden on the Town Administrator will continue. A Deputy Town Administrator plus 5 hours/week of the Administrator's time will be required to recover from the impact of the Incident and to absorb the anticipated burdens associated with the Gold King Mine spill response and recovery. Budget: 1 FTE Deputy Adminstrator565.00N: Town Administrator 5 hours/Weck-58746/T: Indirect at 10% of Personnel Costs Office Equipment and Travel Expenses $5,000 B. Public Works/Road Maintenance- Chip/Seal Maintenance by Contract High volume truck/trailer and heavy equipment moving through Town to CR 110 and the Gold King Mine Area will continue to damage Greene Street, the main street of the Town. Chip seal overlay on Greene Street will be required every other year beginning in 2016 to preserve the road bed. Budget: $100,000 every other year beginning 2016 C. Housing- Prior to the 2015 summer season, Town and County administrations identified an acute housing shortage for seasonal employees (summer and winter). EPA employees and contractors (approximately 30-50 persons) working at the Gold King Mine on remediation measures during the fall of 2015 placed a significant demand on available housing, which exacerbated this critical housing need. The Town in conjunction with the County proposes they receive funds to construct a 12-unit apartment building on a parcel planned and approved for workforce housing to help meet the needs for workforce housing which will be necessitated by the future activities at the Gold King and other mines. The parcel, Anvil Mountain Subdivision, is graded, served by utilities and ready for vertical construction. The Town and County would be unable to construct these necessary units without this funding. Budget: $500,000 in 2016 7 X. Work Plan-San Juan County San Juan County has faced budget cuts over the last several years causing a reduction in staff that has resulted in remaining staff working at or above capacity. The Gold King Incident created additional workload and demand on County Services and the capacity was not there to both address the additional workload and maintain the current level of services required of San Juan County administration. In order to adequately address this additional burden on County Stafl, the following assistance is requested: A. Law Enforcement- 1 additional law enforcement officer with patrol vehicle. An increased presence of law enforcement is necessary on CR 110 to insure minimal conflict between the current users, particularly OHVS, and the additional traffic caused by the Gold King Incident that includes federal and state employees, government contractors and truck traffic hauling equipment and supplies into and out of Gladstone. Budget: 1 FTE officer $69,314/yr. Indirect at 10% of Personnel Costs 1 vehicle $35,000 B. Administration- County Administrator (5 hours)/ 1 administrative assistant. This position would be shared between the County Administrator, County Assessor and County Treasurer. All offices have seen a major increase in workload related to the Gold King Incident that has created a situation where regular and sometimes critical work tasks are not getting done on time or at all. Budget: 1 FTE Assistant $50,222/yr. County Administrator 5 hours/Week-$11,708 Indirect at 10% of Personnel Costs Office Equipment and Travel Expenses $5000 C. Public Health- 1/4 Coordinator The Public Health Department has been and will continue to be severely impacted by the Gold King Incident. A substantial amount of time and effort is necessary to identify and understand potential health risks to the general public that may have been created by the Gold King Incident. The budget would augment current positions at the Public Health Department. The Gold King Mine Incident highlighted the potential negative health impacts that may result from the historic mining in our community. San Juan County will offer free blood lead testing one time to all children 18 and under within San Juan County with voluntary consent from parents/Caregivers due to the highly mineralized content of our area, large population of low:socioeconomic status families (with children) and multiple homes built before 1978. Budget: % FTE $15,482/yr. Indirect at 10% at Personnel Costs Travel Expenses $2500 8 $10,000 for 2 years of community education, personnel for testing (total of 1 year) and follow-up referral and coordination (2nd year). D. Road Department- 1 Road Crew Employee/Road Maintenance/Dust Control/Gravel The substantial traffic on CR 110 to the Gold King Mine area has greatly increased the burden for keeping the road maintained and safe. The three person County Road Department does not have the capacity to increase the maintenance level for CR 110. Additional personnel, road grading, gravel and dust control will be necessary. Budget: 1 FTE $58,567/yr. Indirect at 10% of Personnel Costs Road Maintenance - $25,000/yr. Dust Control Treatment - $41,300/yr. Gravel-$100,000/2016 $25,000/year every year after E. County Surveyor- Professional Services The Gold King Incident potentially impacted numerous properties along Cement Creek and the Animas River. San Juan County does not currently have the survey information necessary to determine which properties may have been impacted. It is critical for the County to identify the locations of all properties from the Gold King portalt to the County Line that were potentially impacted by the Gold King Incident. Budget: Est. $83,000 F. County Clerk and County Assessor- Professional Services The Gold King Incident has greatly increased the demand to look at records and maps located within the vaults of the County Clerk and County Assessor. The majority of the records are only available on paper. Many of these records are more than 100 years old and are in fragile condition. The County anticipates that the demand to view these documents will continue to increase. It is important that these records and maps be digitized to allow for easier access to all parties wishing to view them and to preserve the originalintegrity of the historic documents. Budget: Unknown Estimate at this time G. Emergency Services- Communications Equipment and Emergency Access With the substantial increase in activities in the Gladstone area there becomes the potential for an increased need in Emergency Services. Communications between Silverton and the Gladstone vicinity is extremely difficult. Getting Emergency Service Personnel from the Gladstone location to the Gold King, Red and Bonita or other locations on the mountain also could be extremely difficult. Communications Equipment- 1 800 Megahertz Radio Repeater or Cell Tower. Budget: Unknown Emergency Access-1 OHV outfitted for patient care 9 Budget: $25,000 H. Emergency Medical Services- 1/4 Paramedic 3.5 Fulltime EMT-Basic or EMT- Intermediate (or equivalent) positions for expansion in large part due to isolation of community and inability to join forces with other communities) Silverton, San Juan County already at overcapacity) Silverton, San Juan County is located high in the San Juan Mountain Range of the Rocky Mountains. Our remote location (state deems it "frontier") is very isolated and far from definitive care. The Silverton San Juan County Emergency Medical Services is a very small, combination of paid and volunteer operation, with one paid paramedic "on duty" and one volunteer EMT-Basic or Intermediate "on call". Any emergency call in town which involves a transport to a hospital leaves our county without EMS coverage for a minimum of 4 hours. Our closest mutual aid is a minimum of 45 minutes away, if they are available. Our closest hospitals are at minimum an hour and a half from town and can be much longer depending on weather and the location of an emergency scene. For instance, a call in the Gladstone area would add two hours to a call which would result in our county not having EMS coverage for a minimum of six hours. The concern is having increased mining mitigation activity that can result in an EMS emergency that will have a significant impact on our already limited ability to provide Emergency Medical Services to our community at large. We have already seen an increase in EMS needs since the Gold King incident with at least two calls involving patients affiliated with the EPA efforts. With this expansion of activity in our backcountry we would like to shore up our staffing to two "on duty" paid staff which will be accomplished by hiring 3.5 FTE EMT-B/Is. Increasing our staffing to two paid employees teamed up with one volunteer will improve our ability to respond to calls more efficiently, provide better care, and will improve our ability to maintain coverage when the ambulance transports. Most transports (95%) only require two personnel. Having a three person crew would give us the ability to leave one in town to first respond if another emergency call comes in. This staffing level will greatly enhance the care given to both the citizens and visitors of our county as well as the workers affiliated with the EPA projects. Budget: 3.5 FTE EMT-B/I $130,963. Training and Supplies $11,500 Indirect Costs @ 10% of Personnel Costs I. Brandine/Marketing The Gold King Mine Incident created bad press on a national and international level. In an attempt to nullify the negative image of the toxic orange water that was seen in online, in print and on the nightly news additional resources must be committed to repairing our brand. Budget: $200,000 the first year and decreased by 10% annually for 5 years J. Trave/Transportation 10 San Juan County has a general government fleet of 1, a 2004 Ford Explorer. The Town of Silverton has a general government fleet of 0. With an increase in staff, a greatly increased need to travel and participate in regional and statewide meetings, and increased travel to Denver, an additional general government use vehicle is necessary. Currently, the burden is put on staff and elected officials to use their personal vehicles for County business. Additionally, it is anticipated that there will be a significant demand upon elected officials to travel and attend additional meetings. Budget: Vehicle $30,000 Travel for elected officials $7500 XI. Work Plan-Joint Community Impact Services The Town and the County propose to form a joint team of professional services focused on community impacts of the Gold King Incident and future EPA remediation activities. The team will work cooperatively under the direction of a central manager to guide the Town and the County. It is anticipated that the possibility of a Superfund Designation with National Priority Listing will be evaluated and the Town and County will need professional assistance to be able to assess any such evaluation. This team will consist of: A. Cooperative Agreement Manager- 1 FTE managerial position This new position provides, directs, and manages the Joint Community Impact Services Team of professionals in conducting short-term, mid-term, and long-term planning regarding impacts, mitigation, and future planning issues and initiatives. The position interfaces with EPA, Town and County administrations and officials, region, state and federal entities as well as other organizations involved with all aspects of potential remediation and water quality clean-up of the Gold King, the upper Animas Basin, and the Animas River, Budget: $82,000/yr. Indirect Cost at 10% of Personnel Costs Office Equipment and Travel Expenses: $5,000 B. Communications/Publie Affairs- 1 FTE public relations position This position currently functions under the Emergency Response Team and serves as the primary information officer/press contact, community education, liaison with regional governments, federal, state, and Congressional entities, regional water agencies, non-profits, and serves both the Town and the County to assess and report on activities, events, compliance, and EPA coordination. These same functions will carry over to this position with expanded responsibilities as needed to address the evolution of increased EPA presence and activities. Education and public outreach will be critical in the near future for community and regional confidence building. Budget: 1 FTE PR Professional $78,000/yr. Indirect Cost at 10% of Personnel Costs Office Equipment and Travel Expenses: $5,000 11 C. Project Planning and Administration - 1 FTE projects and administrative related position This new position is created to assist in the planning and administration of strategic projects and coordination activities as determined by the San Juan County Commissioners and Silverton Board of Trustees and as directed by the Cooperative Agreement Manager. It is anticipated that any long term response to the Gold King Incident and those impacts to the community will require additional Town and County planning activities. This position will be responsible for community development, grant writing, grant administration and project management Budget: 1 FTE Project Administrator/Manager $75,000/yr. Indirect Costs at 10% of Personnel Costs Office Equipment and Travel Expenses: $5,000 D. Health/Environmental/Emergency Planner- Emergency Management and Planning 3/4 FTE multi-disciplined planner position This position augments the Office of Emergency Management position at the County. The Gold King Incident placed considerable burden on the role of emergency managemen/prepwrednes: The Emergency Manager functioned as the Agency Representative in the Unified Command and functioned as the Incident Commander for the local San Juan Incident Management Team. This position consists of a cycle of planning, preparedness and coordination with local, state and federal partners. Mine blowouts have been determined as a significant future threat for San Juan County and the region. The emergency manager will build a mine blowout emergency response plan and participate in improving the notification plan developed to alert downstream partners. This position ensures that emergency response agencies are trained in the implementation of the National Incident Management System. Budget: 3/4 FTE Professional Services Manager $47,961/yr. Indirect Costs at 10% Personnel Costs Equipment and Travel Expenses: $5,000 E. Science Officer - 1 FTE This position will provide scientific expertise to the community. Silverton and San Juan County have very limited resources and do not currently have anyone on staff with the necessary science based education capable of fully understanding and interpreting all of the data that has been collected and will be collected to determine appropriate remediation actions. The remediation of acid mine drainage is very scientific based and in order for Silverton and San Juan County to be able to fully included in the remediation dialogue we critically need this staff position. This position wouid be responsible for: 12 1. The collection and review of all science based documents associated with proposed remediation within San Juan County. 2. The interpretation of that data. 3. Communicating to CDPHE and EPA any concerns or questions that might arise from those documents. 4. Report the information from those documents to Elected Officials, Town/County Staff and the General Public in a manner that can easily be understood by non- scientific persons. 5. Provide recommendations to Elected Officials and Town/County Staff Budget: 1FTE Science Officer $80,000 Indirect costs at 10% of Personnel Costs Office Equipment and Travel Expenses $5000 F. Professional Services- as deemed necessary Silverton and San Juan County have limited resources and staff and do not have in house professional services. In order to mitigate the impact of the Gold King Incident and its anticipated impacts upon the community and to protect the interest of the Town and County we will need the professional expertise to: provide trusted information to the general public; keep elected officials informed; respond to requests from the media; communicate with downstream partners; respond to and analyze scientific data; respond to and analyze proposed remediation; and remain in compliance with this Cooperative Agreement. These professional services will include but not be limited to scientific, engineering, public relations, communication, community development, planning, economic, accounting, auditing, information technology, GIS, and legal. Budget: unknown GIS professional services. A consultant will be hired to work with the team in order to provide expertise in GIS development, data management, and training. The Town and San Juan County do not have an accessible centralized GIS department and have little GIS expertise. Geographic data is key for planning, emergency response and knowing land ownership. There is a large amount of geographic data that has been generated by this incident alone. A GIS consultant would aid in gathering the available datasets and making the data accessible to the team and the public. The consultant would have the following technical expertise: Create maps and graphs, using GIS software and related equipment. Meet with users to define data needs, project requirements, required outputs, or to develop applications. Conduct Research to locate and obtain existing databases from local, state and federal partners. Gather, analyze, and integrate spatial data from staff and determine how best the information can be displayed using GIS. 13 Compile geographic data from a variety of sources including censuses, field observation, satellite imagery, aerial photographs, and existing maps. Analyze spatial data for geographic statistics to incorporate into documents and reports. Design and update database, applying additional knowledge of spatial feature representations. Enter new map data through use of a digitizer or by direct input of coordinate information using the principles of cartography including coordinate systems, longitude, latitude, elevation, topography, and map scales. Analyze geographic relationships among varying types of data. Prepare metadata and other documentation. Operate and maintain GIS system hardware, software, plotter, digitizer, color printer. Move, copy, delete, and add files, drawings, and maps to output reports in hard copy or electronic transfer. Present information to users and answer questions. Budget: Contract Services: $40,000 per year (@$100 an hour) Equipment: Large format printer $5000, Computer equipment $3000, Software licenses $2000. G. Information Technology Professional Services ($10,000) A consultant will be hired to work with the team in order to provide expertise in computer services, data management and training. Perform a technology needs assessment Determine the best cloud based information platform (e.g. Dropbox, Google For Work) Provide IT support for printers, copiers, computers. Provide consultation on mobile platforms H. Technical Studies H.1 Mine Blowout Hazard Study Silverton and San Juan County request that the EPA pruvide funding assistance to the Colorado Division of Reclamation, Mining and Safety, and the United States Bureau of Land Management and other appropriate state and federal agencies to complete a thorough assessment of the blowout risks posed by underground mine pools in San Juan County. Prior to the Gold King spill, there have been other blowouts in the district. The project goal is to develop attributes and criteria useful for grouping discharging abandoned mines into "High", "Moderate", and "Low" risk 14 categories for potential blowouts. A systematic, logical, geo-technically based methodology will be developed to assess and categorize the potential risk associated with draining mines. The report will also include recommendations for additional investigations such as drilling or underground reconnaissance and include all digital and GIS data. Silverton and San Juan County request the EPA contribute funding for the Mine Blowout Hazard Study. H.2 Community-Based Action Plan to address Environmental Justice and Community Empowerment in San. Juan County Presidential Executive Order 12898 calls for the federal government to make environmental justice (EI) part of its mission by identifying and addressing disproportionately high and adverse impacts of its policies, programs, and activities on minority and low-income populations. As part of the EPA's Plan EJ 2014, supporting community-Dased action programs is outlined as a priority area. San Juan County's population demonstrates a higher proportion of individuals that fall below the poverty line than the state of Colorado and the United States; and a higher proportion of individual of Latino and Hispanic ethnicity than the United States. The project goals are: (1) to engage San Juan County residents in a community-based action program that addresses disparity and empowers low-income and ethnic minority opportunity to participate in shaping the future of the county's economy; and (2) to provide a forum for all residents to be informed and to respond to the science, laws, and resources relating to the both the Gold King Mine event, and to broader environmental issues related to historic economic activities and future economic growth and development. Methodologies for achieving these goals would include both qualitative and quantitative studies. All project activities would be aimed at engaging San Juan County residents, especially low-income and minority race and ethnicity residents, in the conversation. The action program would be aimed at empowering residents to voice their concerns and collaborate with local, state, and Federal institutions for the economic and environmental health of the County. The ultimate goal of the project is the creation of a community-based action program that addresses environmental justice and provides all residents meaningtul ways to participate in the economic and environmental planning in San Juan County. The community-based action plan will also include recommendations for additional investigations such as community priorities for inclusive economic growth and development. Silverton and San Juan County request the EPA contribute funding for the community-based action program. 15 MSI proposes to provide expert oversight for the community-based action plan through our partnership with Emily Thorn, Environmental Justice/Economic Specialist, and Dr. Tara Shelley, Sociologist and Environmental, Justice Expert. Tasks include: 1. Conduct public outreach and participation activities- engage community members and solicit input from low-income and ethnic minority residents 2. Collect in-depth community Input- Lead inclusive community forums, focus groups, and in-depth interviews aimed at defining relevant economic, social, and environmental issues; and goals and visions for the County's economic future 3. Develop Community Action Plan- Integrate community input into a Community Action Plan for Economic Development Public documents and forums that convey accurate and understandable environmental and economic information. This includes guidance for all community members on how to meaningfully participate in Federal environmental policies and processes that include public involvement, such as National Environmental Policy Act (NEPA) compliance Budget: Consultants: Task 1- Public Participation- $33,300 (consultants- $55-100/hour) Task 2- Community Forums- $27,800 Task 3- Community Action Plan- $32,400 H.3 Environmental Technical Assistance San Juan County and Silverton lack an Environmental Department to provide technical expertise to their elected officials and staff to conduct independent analysis and support their capacity to participate in decision making about the GKM response and recovery, Silverton and San Juan County will contract Mountain Studies Institute (MSI) to providing expertise and infrastructure to support understanding of their environmental conditions and participation in decision making about their resources. In particular, MSI will assist County/Town with efforts to (1) understand the current environmental and public health concerns related to the GKM recovery/remedial action and the hazards of Hving In mining district, (2) plan for potential future threats from blowouts or other hazards, (3) evaluate options for response, cleanup, and reclamation, and (4) support environmental monitoring and information for the County and Town. Tasks include: 1.Environmental Monitoring for Response and Recovery: 16 a.Review sampling programs, quality assurance plans, and scientific studies; council elected officials and staff, and prepare comments on behalf of staff and officials. b.Review, interpret, report, and present on sampling results and documented findings by EPA, CDHPE, contractors and others to elected officials and staff c. Provide a trained, environmental monitoring response team with monitoring resources to deploy during emergencies through Incident Command. d.Complete environmental monitoring as necessary to inform the County/Town 2.Anvil Mountain Housing Environmental Certification: a. Complete documentation oft the Anvil Mountain Voluntary Cleanup Program (VCUP) action plan to facilitate County/Town housing needs. 3.San Juan County Public Health Service Assistance: a.Provide environmental data and analyses of water quality and environmental health b.Support communication with the public through providing science content, education, outreach, and interpretation for public information campaigns. Budget: Salary: Environmental Monitoring Project Manager- $78,000 Environmental Scientist- $55,000 Communications/Education Manager- $40,500 Total Personnel- $ 173,500 Travel: $12,250 for collecting samples, delivering samples, attending trainings and meetings at local and regional conferences Supplies (Field monitoring, data management): $9,500 Equipment: $5,000, update and maintenance of 1 one sensor annually Laboratory Analysis- 36,000 CAPITAL INVESTMENT: Monitoring Equipment: $86,300 (one time, initial investment) XI. OTHER A. Local Contractor Preference 17 For remediation projects within San Juan County the EPA shall adopt a local bidder's preference policy for those contractors whose businesses are located within San Juan County. The EPA shall work with local contractors to remove or mitigate any burdensome regulations that would prohibit local qualified contractors from bidding on remediation projects. The EPA shall adopt a policy that provides a preference to contractors that bid on remediation projects within San Juan County who award subcontracts to business located within San Juan County. The EPA shall adopt a policy that provides a preference that encourages contractors that bid on remediation projects to employ local residents. The EPA shall adopt a policy that provides a preference that encourages contractors that bid on remediation projects to purchase products from local businesses. The EPA shall provide job training to residents of San Juan County to qualify them to work on remediation projects. The EPA shall provide that for any such local preference contracts that payments be made Net 30 days. B At this point in time, the EPA and the impacted communities are just beginning the analysis concerning the appropriate long term actions that should be taken to address the Gold King Incident and to address acid mine leakage into the headwaters within San Juan County. These measures and assessments include consideration of whether and to what extent certain areas of San Juan County should receive superfund designation and a National Priorities listing. The long term activities will undoubtedly have as yet unidentified impacts on Silverton and San Juan County. Silverton and San Juan County thus request that the terms of this Cooperative Agreement remain flexible SO that they can be amended to address any and all reasonable impacts that result from the long term activities, including, but not limited to, national priority listing under Superfund. C. Duty of Coperaton/Colaboralve Process: The EPA and CDPHE agree to work collaboratively with San Juan County/Town of Silverton in any remediation actions taken within San Juan County. This collaboralion will consist of all aspects of the remediation process including but not limited to the remedial investigation and feasibility study, record of decision, remedial design, and remedial action/ implementation. X. Term: This agreement will be in effect for a minimum of five years and shall continue as long as the EPA and/or CDPHE is conducting response, recovery, or remediation work in San Juan County. Salaries are subject to Cost of Living Adjustments and direct costs are subject to reimbursement if such costs exceed 5% of the budgeted allocation. 18 19 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: *2. Type of Application If Revision, select appropriate letter(s) Preapplication New Application Continuation *Other (Specify) Changed/Corrected Application Revision 3. Date Received: 4. Applicant dentifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: San Juan County, Colorado *b. Employer/Taxpayer: Identification Number (EIN/TIN): *C. Organizational DUNS: 846000804 182859199 d. Address: Street 1: PO Box 466 Street 2: 1557 Greene Street *City: Silverton County: San Juan *State: CO Province: *Country: U.S. "Zip / Postal Code 81433 e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: *First Name: Jeffrey Middle Name: *Last Name: Robbins Suffix: Title: County/Town Attorney Organizational Affiliation: Goldman, Robbins, and Nicholson, P.C. *Telephone Number: (970) 259-8747 Fax Number: (970) 259 8790 *Email: robins@gm-law.com OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1: Select Applicant Type: B.County Government Type of Applicant 2: Select Applicant Type: C. City or Township Government Type of Applicant 3: Select Applicant Type: M.Nonprofit w/501C3 IRS Status(Oth Than Higher Edu *Other (Specify) *10 Name of Federal Agency: Environmental Protection Agency 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): San Juan County and the Town of Silverton, CO *15. Descriptive Title of Applicant's Project: Gold King Spill Recovery Project OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: 3rd Distirct of Colorado *b. Program/Project: Gold King Spill Recovery 17. Proposed Project: "a. Start Date: November 1, 2016 *b. End Date: December 31, 2021 18. Estimated Funding ($): *a. Federal $8,749,135 *b. Applicant *c. State *d. Local *e. Other *f. Program Income 'g. TOTAL $8,749,135 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. R C. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", 3 provide explanation.) Yes 2 No 21. "By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. H also provide the required assurances' ** and agree to comply with any resulting terms ifl accept an award. lam aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) **I AGREE Thel list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: *First Name: William Middle Name: *Last Name: Tookey Suffix: *Title: San Juan County Commissioner *Telephone Number: 970 387-5766 Fax Number: 970 387-5761 Email: sanlpancounty@ronte, net "Signature of Authorized Representative: *Date Signed: Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. Not Applicable INSTRUCTIONS FOR THE SF-424 Public reporting burden for this co ection ofi information 15 esbmated to average 60 minutes per response. including tme for reveweg nstructions, searchng exisong data sources. gatherng and maintaining the data needed, and completng and revewing the collection ofi informaton. Send comments regarding the burden estmate or any other aspect of this colection of information. including suggesbons for reducmg this burcen, to the Cfice of Management and Budget Paperwork Recuction Project (0348-0043), Washington. DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form (including tbe conanuanon sheet) requred for use as a cover sheet for submission of preapplcanons and appicanons and related informanon under discrenonary programs. Some of the tems are requred and some are opcional 3t tbe dascretion of the apphcant or the Federal agency (agency) Requred tems are idendfed wth an astersk on the form and are specified m the instuctions below In sdation to tbe instructons provided below. applicanrs must consult agency insmuctions to determine specific requremenrs ltem Entry tem Entry Type of Submission: (Required): Select one lype ofs submisson in 10 Name Of Federal Agency: (Required, Enter the name of the accordance with agency nstructions. Federal agency from whch assistance 5 being requested with Preapplicaton this application, Appiication Changed/Corrected, Applicaton If requested by the agency. check 11 Catalog Of Federal Domestic Assistance NumberTitie ifthis submission S to change or correct a prevously submtted Enter the Catalog of Federal Domestc Assistance number anc appicanon. Unless requested by the agency. applicants may not te of the program under which assstance is requested. as use this to submit changes after the closing date. found in the program announcement, if appicable. 2. Type of Application: IRequred) Select one type of applicaton in 12. Funding Opportunity NumberTitie: Requred) Enter the accordance with agency nstructions. Funding Opportunty Number and te of the oppontunity under New An applicaton that IS being submuttec to an agency for the which assistance is requested. as found in the program. first ume. announcement Contnuaton An extensoni for an addtonal funding'budget penod 13. Competition kdentification Number/Title: Enter the for a project with a projected compietion date. Ths can include Compebton Identification Number and bde of the competition renewals. under which assstance is requested, if appicable. Revsion Any change a the Federa Govemment: S fnancal cbigaton or contingent lability from an existing obligation fa revison, enter the appropnate ettenis). More than one may be selected. If' Other" is selected. please specfy in text box prov oed. 14 Areas Aflected By Project: List the areas ore entities using A Increase Award B. Decrease Award the categories (e. 0. cities, countes. states. etc.) specified m : Increase Duraton DC Decrease Duraton agency instructons. Use the continuation sheet to enter E Other Ispecify addi tional areas, ifneeced. 3. Date Received: Leave this fea blank This date will be assigned by the 15 Descriptive Title of Applicant's Project: (Requred) Enter a Federal agency. bnef cescriptive ttle of the project. f appropnate. attach a map showing project locabon (e g. construction o reai 4. Applicant Identifier: Enter the entity identifer assgned Dy the Federal property projects). For preappications. anach a Summary agency. if any. or applicant's control number, if appicable descrpbon of the project. 5a Federal Entity Identifier Enter the number assigned so your 18 Congressional Districts Of: (Required! 16a Enter the organizaton! by the Federal Agency. if any. appicant's Congressional Distnct and 16b. Enter all Dstnctis) 5b. Federal Award Identifier For new appliçatons leave blani For a affected by the program or proect. Enter in the format 2 continuation or revision to an exisbng award, enter the previousy characters State Abbrevabon - 3 characters Distret Numper, assigned Federal award identfer number Ifa changedicorrected eg. CA-005 for Califomia 5" distrct. CA-012 for Ca fomia 12" applicaton, enter the Federal loentifier m accordance wthn agency distret, NC-103 for North Carolina's 103" ostnct. nstrucbons. lfal congressional districts n a state are affected, enter 6. Date Received by State: Leave this feld b'ank. This date wi be 'all" for the distnct number, e.g. MD-all for all assigned by the State, il applicable. congressional distncts m Maryland. 7, State Application Identifier. Leave this field blank. This dentfier wil Hnabonwide. e a distncts within all states are aflected, be assgnedt by the State. f applicable. enter US-all Ift the programiproyect 5 outside the US, enter 00-000. 8. Applicant Information Enter the following n accordance wth agency nstructions. a. Legal Name (Required): Enter the egal name of appicant that will 17 Proposed Project Start and End Dates: (Required; Enter the undertake the assstance actvity. This is the name that the organization proposed start date and end date oft the project. has registered with the Central Contractor Registry Informaton on regstenngs wth CCR may be obuanedby visitng the Grants gov websile b. Employerffaxpaye Number (EINTIN): (Required) Enter the Employer or Taxpayer dentficaton! Number (EIN or TIN) as assigned by 18 Estimated Funding: (Required) Enter the amount requested the Intemal Revenue Service. If your organizabon is not n the US. enter ortol be contnbuted the trst fundingbudget, period by 44-4444444 each contributor. Value Dy in-kind contnbutions should be C. Organizational DUNS: (Required) Enter the organizat on's DUNS or included on appropnate ines. as applicable fthe acton will DUNS44 number received from Dun and Bradstreet Informaticn on result in a oollar change to an existing award. ndicate only the obtanng 3 DUNS number may be obtained Dy vsitng the Grants gov amount of the change. For decreases. encose the amounts in website. parentheses d Address: Enter the compiete address as foliows: Street address (Lne 1 recured). City; (Requred), County State (Required. fcountry is USI. 19 Is Application Subject to Review by State Under Executive Province. Country/Required). Zip/Postal Coce (Required. f country S Order 12372 Process? Appicants should contact the State US: Singe Point of Contact (SPOC) for Feceral Executve Order C Organizational Unit: Enter the name oft the primary organz zational 123721 to determine whether the application IS sub,ect to the untiand departmento or GMsion ifa applicabe) that will uncertake the assistance activty 7 applicable State mergovermenta review process Se ect the f.Name and contacti information of person to be contacted on appropnate box If'a. is seected. enter the date the matters involving this application Enter the name IFirst and last name apphcation was submitted to the State required). organizatona affihation uf affilated wth an organczation other than the appicant organizabon). telephone number (Required). fax 20. is the Applicant Delinquent on any Federal Debt? number, and emas address (Required) of the person to contact on (Required) Select the appropriate box This queston apples to matters related to this application the applicant organizaton, not the person who signs as the authorized representative. Categones of debt include deli inquent audit disalowances. loans and taxes. fyes. include an explanation on the contnuaton sheet P. Type of Appicant (Required) 21. Authorized Representative (Requred) To be signed and Select up to three applicant typeis; n accordance with agency dated by the authonzed representative oft the applicant instructions. organzaton. Enter the name (First and last name requrec) A. State Government M. Nonproft with 501C3IRS tte (Required, telephone number (Required). fax number B. County Govemment Status (Other than Insbtuton and email address (Required) of the person authonzed to sign C City or Township Government of Higher Education) for the applicant D Special Distnct Govemment N Nonproft wthout 501C3 IRS A copy of the goveming body's authonzaton for you to sign E. Regional Organzation Status (Other than Insbtuton this applicaton as the offical representative must be on fie in - 0.S.1 Terntory or Possession of Higher Educaton) the applicant's office (Certan Federa agencies may reauire G. ndepenoent School Distnct O. Prvate Insttution of Hgher that this authonzation be submitted as part of the appication 1 H Pub-cState Controlled Educaton institubon of Higher Educaton P Indmoual ndian/Native Amencan Tnba: Q For-Proft Organizaton Govemment (Federaly (Other than Smali Business) Recognzed) R Small Business indian/Native Amencan Tnba S Hspanc-servng instituton Govemment (Other than T. Hstorically Black Coseges Federally Recognized) and Unversibes (HBCUS) K. indian/Native Amencan U Trbally Controrled Colleges Tribally Designated and Unversites (TCCUS) Organization V Alaska Natve and Natve L. Pubhe/Indan Housing Hawa an Serving Insttutions Authonty W. Non-domestic (non-US; Entty X Other (specifyl Town of Silverton and! San Juan County, Colorado Cooperative Agreement Budget Proposal Vear fes 2 Year ear4 Vart Tutal PRE AWARDO COST AFo costs icurred berwaen August 2015 andtne Ta0 lincitians a maceser ive ginant Towm ofs Siiverton GA Fr Bnaicter FE SEsoc $65.000 565.0001 565 0o0 S6scoc $325000 ImoactT TownAdmyn 547 746 $6746 $A745 $4746 $47 746 $4.730 Eqvipmant/t OHice $5,000 55.000 55.000 $5.,000 55.c00 515.000 SiCai 9.4146 S.co0 55,000 55,000 S5000 1 a Ead Maintanng len 10000 s101000 Sio0oxe o0 xo in GPEMatCN Match so0000 STCtA S1A511 412 744 S137H 5a1,765 S1AK745 51,271,185 aakuanCourty LA TACIO TE 52114 54116 563,119 563.314 544114 5346570 Pendnnel $3.967,815 l! Elorcmentw Venide m $35,00 3 00 ct $172,300 ECn FTE K 94371 SAIL 56331 A9I a otiral Trat $47,500 OE arsoo - Acinnt"s AANE TE 022 s4. 50,2 50.72 sm 5110 Tine $50,000 COunyA Mdmitrater $11,70 $11,708 511,2 511, 511.708 514540 Evenant 90.000 pnice fausneti Hice 500 5,000 0 5,000 35000 525.000 Tamdtaenent Equipment $247 750 franing $18,750 ErCost $6,193 51.022 55023 55.aa 54027 18213 Sapplies $500,000 uc PVeIeH Meahn Coordinator VTE $1548 51547 5i54 51140 S1549 577,A10 Centruction $704.500 trael hptnes .100 2,500 52.300 S.x0 51.s sns0 51511,000 mity letatian S13om S10,0 $20.000 OMER 51318,020 IndrectCot 51,544 51.541 31,548 51.54 51,54a 741 D aat Draartimert 156567 5457 5567 555 54547 415 oASVnTNan Depah S100000 $25,p00 55.000 $15,000 115.000 5200000 Datcart Tnstent Mgen S4L3 so $41, s $41, sa 141.00 54L,300 5206.500 al Materials Sionmm S1o0,ore Si00000 Stonam 5102,ax scon ECeNs 554S7 $5,457 55.457 $5.857 35457 ES cents Lrvee Eavisa: Sa1, 00 sasoo - Ders nE asMsEr vo rap Emergeneys Servioes Communcations andE Emergency a Acess Cemmsicatinf fnuipment Eaipment m Imepnsy AuO OHV Vehide $35,000 $Bax0 KM Emargenyn Mediral Parsonnal SSFTE $134,962 $130sa $130.36 $130944 $130963 $454A5 ENig diw 511,500 $11,500 311,300 511.300 111.500 $57500 aina Costs 511,096 $34,0M $1108 S1CH 5110 65412 nsgManatrs S1ono0 $180.000 163,000 $:45.100 5131,229 rmaians notatio Tre 57100 57,.500 52500 7.500 7,500 1500 Vade 553000 s3a SubTatal 51420,5 $751,51 573513 5707,311 582731 $AY5,6 anty Impaais Services A Eeeperav AEnEnEM MF IE $82.000 561.04 582,p00 SALoor 512,000 S41000 Materarvraa Cifics $5.000 Sso 55.000 SLa0d ssone $0 MCCaN sAo 14300 Aax6 SA3OO 14200 SLon a NeZ A TE SAoo 76000 578 SPABOC SILOE Sios plcal fevionent/irna CHc 55.000 $5.000 55200 S5.o0 S50od $F5-D00 SicCast 97300 57,A00 $7,500 57.100 $7a0 1339 we Psiet Fanser E ssoco 575.00 575000 5ha 75,00 175000 fce fponevirnel pie 55.000 $5.00 55.000 55,00 sox 521.000 indirva Ceits 7500 $7.s00 s7.soe 7.500 7.500 mso0 2 ENEMananAy Imergengfane MAIT S4,1 47.91 471 547.961 $7,941 511403 Ofee fevanant Aral oHe $.000 15.000 ssos Ss.oxe Sscoe $25000 ASCasts $476 5476 547X S 7 E DE Boero Ofua SEoa 58.600 SROoO SRADOO SAGOX SA3OCO Hlais-ain oHe sson ssan 5500 SSod ssoc $25000 ISGCt SKO Boo S400 14.000 Aacc SA9000 a hplaivral levices Gere B43.o0 SaG,o00 Sg00 $43000 SAG000 (cuipment SRo 424A Sewane So J967815 D9 molnens Servicns Sib00 137500 mAI n Somrvind 20625 DH: ATNIVE Rcien Pan MV 1ss. 5 500000 mw Meustains Sludesinshnta? Professianss Servicas 1511000 reamantaN Manterng? PiMg $7L00 S7LO0 $78.000 $76000 $7800 po 06500 ronEnta soet 555,00 ssoac $50.000 550.000 ssao0 190 1347770 ommur rntensTwcalenMe s4o.sar Saosoc saosoe S40s00 sao.sad p 72300 avel 512256 S112sel 512.250 $12756 $12250 pollas sased sesool sesoe $9.500 sasad 347505 (gipment s17sd sixel s121se 512154 $17,34 SL AMaNVAMahE $1.000 sakpoe sM00 SI6o0d saKo wa total $821,297 5701.79 S10L SL7T 5129 51412,14 TOTAL $1.534,65 51531,014 11A10,914 5LA1AM 5LTLIS 14.163.115 EXHIBIT 2 Townol Silverton 300 SANJUAN COUNTY PO Box 250 PO Box 466 Silverton, CO 81433 Silverton, CO 81433 970-387-5522 970-387-5766 February 22, 2016 The Hon. John W. Hickenlooper Governor State of Colorado 136 State Capitol Denver, Colorado 80203-1792 Re: Proposed listing oft the Gold King mine and other legacy mines in San Juan County on the EPA's Superfund National Priorities List Dear Governor Hickenlooper: San Juan County and its only town, Silverton, are genuine Colorado treasures. San Juan County is not only Colorado's most spectacularly beautiful county, it is Colorado's most remote and least populated. Unfortunately, it also has one of the smallest and lowest-paid' workforces in the state and, because 87 percent of the county's land is owned by the federal government, its local governments are among the smallest and most poorly funded in the state. San Juan County is a uniquely fragile place; not only its ecosystems but, despite its hardy and resourceful people, its economy and its very existence. While local and state officials have worked for years to improve our local economy, we remain heavily dependent upon tourism for our survival. Because ofits position astride the source ofthe Animas and Rio Grande Rivers, San Juan County is at the heart of a significant portion of the west's water supply. Unfortunately, that water supply and the county's survival have been, and continue to be, gravely threatened by acid mine drainage from century-old legacy mines, a threat dramatically illustrated by last year's Gold King mine disaster. San Juan County has been working for over two decades to correct the environmental damage caused by legacy mines. Our community and local governments have been instrumental in the Animas River Stakeholders Group, which pioneered a nationally recognized and applauded cooperative effort by government, the environmental community, mining companies and the public to identify and clean up sources of contamination affecting the Animas and its tributaries. While these efforts have been extraordinarily successful in identifying and actually cleaning up sources of contamination' instead of supporting legions oflawyers pursuing endless litigation, they have been limited both by lack of funds and the absence of any Good Samaritan legislation protecting cleanup efforts from potential liability. In the immediate aftermath ofi its Gold King spill, EPA Director Gina McCarthy came to Colorado and rightly promised the people ofthe state and the nation that the EPA would hold itselfto the highest standard in correcting the damage that resulted from the spill. Since then, the EPA has proposed that the Gold King and 1 Labor Market Information, Quarterly Census of Employment and Wages Program, Second Quarter 2015 2 Abandoned Mine Lands: A Decade of Progress Reclaiming Hardrock Mines, September 2007, United States Department of Agriculture Forest Service Publication No. FS-891, United States Department oft the Interior, Bureau of Land Management Publication No. BLM-W0-07013-3720 other leaking mines in the area be listed on the Superfund National Priorities List SO a comprehensive cleanup can be designed, funded and completed to dramatically improve water quality in the Animas River basin. In connection with that proposal, EPA officials at the national and regional levels have repeated and expanded upon Director McCarthy's S promises, committing in extensive discussions with San Juan County and the Town of Silverton to make sure the local community has a real seat at the decision-making table and to work with local officials to reduce the negative impacts of a Superfund listing. Silverton and San Juan County want the mines and rivers cleaned up and we want to ensure that our downstream neighbors and our communities are protected. Building upon the commitments from numerous people at all levels of the EPA, and despite the crushing financial strain placed on our very limited town and county budgets, a committee of local representatives appointed by has hundreds hours with the EPA. We have our town and county governments, spent working worked to clarify the agency's processes and plans, and to ensure that any action taken to remediate acid mine drainage actually improves water quality, doesn't further damage the environment or our community and our downstream neighbors, and doesn't create another spill like the Gold King. In our discussions, we have pressed strongly for the EPA to commit to a number of reasonable assurances regarding the proposed NPL listing, assurances we believe are essential to protect the environment, improve water quality in the Animas River and minimize the risk of future spills while protecting the local community and its tourist economy. These points (detailed in Exhibit A) seek reasonable assurances from the EPA that negative impacts to our community will be mitigated; that we have a real seat at the table where decisions are made; that the best available science be used in determining the cleanup; that the Superfund site should include only the mines and areas listed on the attached Exhibit B; and that, because of our small budget and the fact that EPA caused the situation in the first place, EPA reimburse Silverton and San Juan County for all expenses incurred in seeking Superfund listing. Unfortunately, while members of the EPA staff have indicated that some important requests can and will be accommodated, the EPA's letter of February 12, 2016 (attached hereto as Exhibit C) in which the agency outlines its commitments to both the local community and the nation fails to incorporate some items we believe to be essential to any NPL listing related to the Gold King spill. The purpose of this letter is to request that the State of Colorado make a request to the EPA that the Bonita Peak Mining District Site (as defined by the EPA's attached list of specific properties from which, according to data already gathered, discharges may be adversely affecting water it for quality on the Animas River) be added to the National Priority List thereby making eligible funding under Superfund. As part of this request, we ask that you work closely with us to ensure the EPA addresses the points in Exhibit A. We understand that some of the points cannot be addressed until after a listing is obtained but we are depending on you to continue to stand with us throughout this process. Our goal is to ensure that the EPA's actions actually improve water quality in the Animas River and its tributaries and that remediation efforts don'trisk causing future disasters like the Gold King spill. To that end, we further request that: A. The State of Colorado insist that the existing water treatment plant built by the EPA in response to the Gold King spill continue to operate and that no other bulkheads on mine tunnels (including the bulkhead on the Red and Bonita, which is presently scheduled to be closed by the EPA in June, 2016 despite the EPA's lack of information or understanding as to the consequences of such a closure) be built or closed until the consequences of any such action are fully studied and understood; B. Because each of the investigative reports on the Gold King spill specifically notes (and the EPA itselfhas admitted) that the Gold King spill occurred because those involved did not adequately understand the unique hydrologic, geologic and other issues with which they were dealing and did not adequately appreciate the consequences of their actions, the State of Colorado prohibit further actions by EPA or anyone else that might have adverse consequences until the unique geology and underground hydrology of the area are fully understood. We have offered the EPA access to a team of nationally known academic and government scientists in the relevant areas who have offered to assist in this effort. Iffor any reason the EPA is unable or unwilling to take advantage of this scientific expertise, we request that the State of Colorado form and lead a consortium of affected states, native American nations and interested stakeholders to study existing conditions and develop the necessary information for the EPA SO that we do not again have to suffer the consequences of actions taken in ignorance; C. To the extent that EPA cannot legally reimburse the local community for all expenses incurred as a result of the Gold King spill, we request that the State ofColorado bear those costs where appropriate and applicable because the local governments and the community they represent simply lack the resources to pay them. We believe that it is critical that the State of Colorado take the lead in ensuring that, whatever the outcome of this request for NPL listing, no action is ever taken in the name of environmental protection that will damage hundreds of miles of rivers and their surrounding ecosystems and the millions of people who rely on those rivers. We would welcome the opportunity to meet with you and your staff to provide any assistance we can in formulating the State of Colorado's request to the EPA for NPL listing relating to the Gold King spill. Respectfully, Board of County Commissioners Board ofTrustees San Juan County, Colorado Town of Silverton, Colorado - - /. h Chustihe n Exu tp Ernest F. Kuhiman, Chairman Christine M. Tookey, Mayor Exhibit A The assurances we have sought include: 1. The Superfund site should include only the mines and areas listed on the attached Exhibit B. 2. The Superfund site will be named the Bonita Peak Mining District Site SO as to minimize any negative association with either Silverton or San Juan County and the damage which such association necessarily would cause to our community and its fragile tourism based economy. 3. Because of the vast amount oflocal knowledge, information and expertise relating to the mines of our area, while the EPA will retain the ultimate decision-making authority with regard to activities within the Superfund site, the EPA will actively involve the Town and County governments and representatives of relevant state agencies in all phases of work in connection with the site including but not limited to the listing process, the determination ofthe nature, scope and extent of the studies to be performed and of the data to be gathered, the remedial investigation and feasibility study, as well as the formulation, selection, design and implementation of potential remedies. The scope of this involvement will not be limited to the typical review and comment on EPA proposals but instead will include active and meaningful involvement throughout this process and particularly in the formulation and evaluation of the EPA's proposals. 4. When requested, the EPA will authorize and fund Technical Assistance (TAG) Grants or other scientific and research grants to fund such technical assistance as the Town and County may require in order to meaningfully participate in all aspects of the Bonita Peak Mining District Site project and also cause the EPA's Office of Research and Development to authorize and fund whatever Science Technical Research (STAR) or other grants to develop a complete understanding of the geology and underground hydrology ofthe area sO that any actions taken can be based on adequate information as to their potential consequences. 5. EPA will use its best efforts to utilize the Bonita Peak Mining District project to develop and study new or alternative technologies, approaches and remedies for use in connection with mine drainage generally. This will include utilization of expertise in academia and industry regarding hydrology and other areas which properly should be considered in formulating any remediation plan for the site. 6. EPA will authorize and fund, via a Cooperative Agreement, Community Assistance (CAG) Grants or otherwise, financial assistance to the Town and Counly to enable them to meaningfully participate in all activities related to the site and to address all impacts caused by the Gold King incident, the Superfund listing and cleanup including reimbursing the Town and County for expenses incurred from and after August 5, 2015. Because, unlike the usual Superfund site, the Gold King spill was caused by the EPA's contractor and thus the EPA bears financial responsibility for all consequences ofthat spill, the scope ofthis assistance is intended to be considerably broader than typical for Superfund listings and to cover all expenses reasonably stemming from the Gold King incident, the listing process and all post-listing costs including housing, legal assistance, additional manpower needs, etc. 7. In order to avoid unintended consequences which may be caused by ignorance ofthe geology and underground hydrology ofthe San Juan Mountains, before developing or implementing any alternative remedies, acting in conjunction with academic and government experts in all relevant areas and with the State ofColorado, EPA will work closely with both the local and state governments to assemble a team of scientific consultants with the necessary expertise in all areas where study may be required (particularly in the area of geology and underground hydrology) to develop such data, knowledge and information as may be necessary to understand the underground hydrology ofthe area and the potential consequences of remedial actions which may eventually be taken. 8. In order to prevent worsening water quality and further degradation oflocal streams, EPA will continue to operate the existing water treatment plant to treat discharges from the Gold King, Red and Bonita, and other area mines until final remedies are selected and implemented. 9. In order to prevent worsening water quality and to avoid the potential for another catastrophic release of acid mine drainage, the EPA will delay closure of the bulkhead installed on the Red and Bonita adit until the potential effects of such closure have been thoroughly studied and it has been determined that such closure can be effectuated without risk of causing a future blowout or release of contamination from other discharges. 10. Declaration of a Superfund site without adequately funding it will be a meaningless gesture. Because the Gold King incident is unique in that it was caused by an EPA contractor, EPA will give the Bonita Peak Mining District site adequate funding. 11. EPA will not seek to recover cleanup costs nor will it otherwise seek contribution from either a) innocent property owners who have not commercially operated any listed mine property or otherwise caused or contributed to any contaminated mine discharge or drainage or b) local governments. 12. Because the boundaries of the site are being defined sO as to permit study of as wide an area as possible in order to determine which sites actually discharge significant contamination into the Animas and its tributaries, if data gathered during the preliminary stages of the project demonstrate that any property initially listed is not a significant contributor to contamination of the Animas River or its tributaries, EPA will de-list the non-contributing property and provide a letter confirming that the property is not a significant contributor to contamination of local waters and thus is not subject to action under Superfund. 13. If requested by owners of property outside of the Superfund site boundaries, the EPA will at its own expense conduct tests oft the property as requested and provide either written confirmation to such property owners that contamination located within the Bonita Peak Mining District Site does not have any meaningful effect on their properties or such other documentation as may be required in order to satisfy funding conditions, limitations or requirements of any state or federal agency or program such as HUD, FHA, Fannie Mae or Freddie Mac. EXHIBIT 3 STATE OF COLORADO OFFICE OF THE GOVERNOR 136 State Capitol Denver, Colorado 80203 Phone (303) 866-2471 Fax (303) 866-2003 1 February 29, 2016 John W. Hickenlooper Governor Mr. Shaun L. McGrath Regional Administrator United States Environmental Protection Agency, Region 8 1595 Wynkoop Street Denver, CO 80202-1129 Re: Proposed Listing oft the "Bonita Peak Mining District" site on EPA's Superfund National Priorities List Dear Mr. McGrath: I write to express my support for the proposed listing oft the "Bonita Peak Mining District" site located in San Juan County, Colorado on the Comprehensive Environmental Response, Compensation and Liability Act, ("CERCLA" or "Superfund") National Priorities List ("NPL") making it eligible for cleanup and assistance. The Bonita Peak Mining District site consists of historic and on-going releases from 48 mine or mine related sources in three drainages - Cement Creek, Mineral Creek and the Upper Animas which converge into the Animas River near Silverton, Colorado. These sources are contributing to the on- going releases of arsenic, aluminum, cadmium, copper, lead, manganese and zinc present in the surface water and sediment and are adversely impacting the environment. Based on the complexity and anticipated costs of remediating the Bonita Peak Mining District site, it appears that the best program to undertake a comprehensive cleanup is the CERCLA program. The Town of Silverton, San Juan County, Durango, La Plata County, local tribes, and many other interested stakeholders have requested that this site be added to the Superfund NPL. - support this listing, sO long as certain protections are put in place to address the concerns ofthe local communities that would be affected by designating this site as a Superfund National Priority. Accordingly, I want to stress the importance that the EPA do all that it can to address the concerns raised by the Silverton and San Juan County officials in their February 22, 2016 letter (attached). I share many of their concerns. I am concerned about water quality conditions worsening before Superfund remedy decisions are finalized and implemented. Accordingly, before moving forward with any plans to stop operating the existing temporary water treatment facility in Gladstone, Colorado or closing the bulkhead at the Red & Bonita mine site, I urge EPA to consider all interim measures and options available and work February 29, 2016 Page 2of3 closely with the State and local stakeholders to ensure that water quality conditions do not deteriorate further. I urge EPA to ensure that adequate funding for this site is provided during each stage ofthe CERCLA process, including listing, investigation, design and remediation sO as to avoid any delays or interruptions; to continue to work collaboratively with the state and local officials and health departments to ensure that they have active and meaningful involvement in decision making through all phases ofthe project; to ensure that there is robust and significant community involvement and outreach; to form and fund a community advisory group as soon as practical; lo ensure that the best available technologies and technical expertise are utilized during all phases of the Superfund process; and to ensure that the community be given technical assistance funding and support to the maximum extent possible. In addition, the community is also concerned about associated costs to local governments, local businesses and residents. EPA should continue to make its best efforts to mitigate the negative impacts on the local economy and strive to ensure that the Superfund cleanup supports the economy ofthe Town ofs Silverton and San Juan County. Every effort should be made to alert local businesses to contracting opportunities related to the Superfund investigation, design and remediation. I encourage EPA to use contracting methods and offer job training grants that maximize the potential for local employment in the Superfund cleanup process. I support listing the Bonita Peak Mining District site on the NPL List, and urge the EPA to use its best efforts to address the concerns identified above and conduct the cleanup in a timely, effective and collaborative fashion. With close coordination and careful consideration and response to local concerns, cleanup of the Bonita Peak Mining site should be accomplished efficiently with minimal disruption ofthe local community. Thank you in advance for your consideration of the concerns and needs of the people ofColorado. Should you have any questions, please do not hesitate to contact me. Sincerely, L - - A Johp W. Hickenlooper Governor Cc: Gary Herbert, Governor of Utah Susan Martinez, Governor of New Mexico Russell Begaye, President Navajo Nation Clement Frost, Chairman Southern Ute Indian Tribe Manuel Heart, Chairman Ute Mountain Ute Tribe U.S. Senator Michael Bennet U.S. Senator Cory Gardner U.S. Representative Scott Tipton February 29, 2016 Page 3 of3 Christine Tookey, Mayor of Silverton Ernest Kuhlman, San Juan County Commissioner Dean Brookie, Mayor of Durango Joe Kerby, La Plata County Manager Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer, CDPHE Robert Randall, Department of Natural Resources Martha Rudolph, Director of Environmental Programs, CDPHE Gary Baughman, HMWMD Director, CDPHE Monica Sheets, Remediation Program Manager, HMWMD, CDPHE Townal Silverton SANJUAN COUNTY PO Box 466 PO Box 250 Silverton, CO 81433 Silverton, CO 81433 970-387-5766 970-387-5522 February 22, 2016 The Hon. John W. Hickenlooper Governor State of Colorado 136 State Capitol Denver, Colorado 80203-1792 Re: Proposed listing of the Gold King mine and other legacy mines in San Juan County on the EPA's Superfund National Priorities List Dear Governor Hickenlooper: San Juan County and its only town, Silverton, are genuine Colorado treasures. San Juan County is not only Colorado's most spectacularly beautiful county, it is Colorado's S most remote and least populated. Unfortunately, it also has one of the smallest and lowest-paid' workforces in the state and, because 87 percent oft the county's land is owned by the federal government, its local governments are among the smallest and most poorly funded in the state. San Juan County is a uniquely fragile place; not only its ecosystems but, despite its hardy and resourceful people, its economy and its very existence. While local and state officials have worked for years to improve our local economy, we remain heavily dependent upon tourism for our survival. Because of its position astride the source ofthe Animas and Rio Grande Rivers, San Juan County is at the heart of a significant portion of the west' S water supply. Unfortunately, that water supply and the county's survival have been, and continue to be, gravely threatened by acid mine drainage from century-old legacy mines, a threat dramatically illustrated by last year's Gold King mine disaster. San Juan County has been working for over two decades to correct the environmental damage caused by legacy mines. Our community and local governments have been instrumental in the Animas River Stakeholders Group, which pioneered a nationally recognized and applauded cooperative effort by goverment, the environmental community, mining companies and the public to identify and clean up sources of contamination affecting the Animas and its tributaries. While these efforts have been extraordinarily successful in identifying and actually cleaning up sources of contamination' instead of supporting legions of lawyers pursuing endless litigation, they have been limited both by lack of funds and the absence of any Good Samaritan legislation protecting cleanup efforts from potential liability. In the immediate aftermath ofits Gold King spill, EPA Director Gina McCarthy came to Colorado and rightly promised the people oft the state and the nation that the EPA would hold itselfto the highest standard in correcting the damage that resulted from the spill. Since then, the EPA has proposed that the Gold King and 1 Labor Market Information, Quarterly Census of Employment and Wages Program, Second Quarter 2015 2, Abandoned Mine Lands: A Decade of Progress Reclaiming Hardrock Mines, September 2007, United States Department of Agriculture Forest Service Publication No. FS-891, United States Department of the Interior, Bureau of Land Management Publication No. BLM-W0-07-0133720 other leaking mines in the area be listed on the Superfund National Priorities List sO a comprehensive cleanup can be designed, funded and completed to dramatically improve water quality in the Animas River basin. In connection with that proposal, EPA officials at the national and regional levels have repeated and expanded upon Director McCarthy's promises, committing in extensive discussions with San Juan County and the Town of Silverton to make sure the local community has a real seat at the decision-making table and to work with local officials to reduce the negative impacts of a Superfund listing. Silverton and San Juan County want the mines and rivers cleaned up and we want to ensure that our downstream neighbors and our communities are protected. Building upon the commitments from numerous people at all levels of the EPA, and despite the crushing financial strain placed on our very limited town and county budgets, a committee of local representatives appointed by and has hundreds hours with the EPA. We have our town county governments, spent working worked to clarify the agency's processes and plans, and to ensure that any action taken to remediate acid mine drainage actually improves water quality, doesn't further damage the environment or our community and our downstream neighbors, and doesn' 't create another spill like the Gold King. In our discussions, we have pressed strongly for the EPA to commit to a number of reasonable assurances regarding the proposed NPL listing, assurances we believe are essential to protect the environment, improve water quality in the Animas River and minimize the risk of future spills while protecting the local community and its tourist economy. These points (detailed in Exhibit A) seek reasonable assurances from the EPA that negative impacts to our community will be mitigated; that we have a real seat at the table where decisions are made; that the best available science be used in determining the cleanup; that the Superfund site should include only the mines and areas listed on the attached Exhibit B; and that, because of our small budget and the fact that EPA caused the situation in the first place, EPA reimburse Silverton and San Juan County for all expenses incurred in seeking Superfund listing. Unfortunately, while members ofthe EPA staff have indicated that some important requests can and will be accommodated, the EPA's letter of February 12, 2016 (attached hereto as Exhibit C) in which the agency outlines its commitments to both the local community and the nation fails to incorporate some items we believe to be essential to any NPL listing related to the Gold King spill. The purpose of this letter is to request that the State of Colorado make a request to the EPA that the Bonita Peak Mining District Site (as defined by the EPA's attached list of specific properties from which, according to data already gathered, discharges may be adversely affecting water quality on the Animas River) be added to the National Priority List thereby making it eligible for funding under Superfund. As part of this request, we ask that you work closely with us to ensure the EPA addresses the points in Exhibit A. We understand that some ofthe points cannot be addressed until after a listing is obtained but we are depending on you to continue to stand with us throughout this process. Our goal 1s to ensure that the EPA's actions actually improve water quality in the Animas River and its tributaries and that remediation efforts don't risk causing future disasters like the Gold King spill. To that end, we further request that: A. The State of Colorado insist that the existing water treatment plant built by the EPA in response to the Gold King spill continue to operate and that no other bulkheads on mine tunnels (including the bulkhead on the Red and Bonita, which is presently scheduled to be closed by the EPA in June, 2016 despite the EPA's lack ofinformation or understanding as to the consequences of such a closure) be built or closed until the consequences of any such action are fully studied and understood; B. Because each oft the investigative reports on the Gold King spill specifically notes (and the EPA itself has admitted) that the Gold King spill occurred because those involved did not adequately understand the unique hydrologic, geologic and other issues with which they were dealing and did not adequately appreciate the consequences oft their actions, the State of Colorado prohibit further actions by EPA or anyone else that might have adverse consequences until the unique geology and underground hydrology oft the area are fully understood. We have offered the EPA access to a team of nationally known academic and government scientists in the relevant areas who have offered to assist in this effort. If for any reason the EPA is unable or unwilling to take advantage of this scientific expertise, we request that the State of Colorado form and lead a consortium of affected states, native American nations and interested stakeholders to study existing conditions and develop the necessary information for the EPA sO that we do not again have to suffer the consequences of actions taken in ignorance; C. To the extent that EPA cannot legally reimburse the local community for all expenses incurred as a result ofthe Gold King spill, we request that the State of Colorado bear those costs where appropriate and applicable because the local governments and the community they represent simply lack the resources to pay them. We believe that it is critical that the State ofColorado take the lead in ensuring that, whatever the outcome of this request for NPL listing, no action is ever taken in the name of environmental protection that will damage hundreds of miles of rivers and their surrounding ecosystems and the millions of people who rely on those rivers. We would welcome the opportunity to meet with you and your staff to provide any assistance we can in formulating the State of Colorado's request to the EPA for NPL listing relating to the Gold King spill. Respectfully, Board of County Commissioners Board of Trustees San Juan County, Colorado Town of Silverton, Colorado ENtE : Citiss 7 o Ernest F. Kuhlman, Chairman Christine M. Tookey, Mayor Exhibit A The assurances we have sought include: 1. The Superfund site should include only the mines and areas listed on the attached Exhibit B. 2. The Superfund site will be named the Bonita Peak Mining District Site SO as to minimize any negative association with either Silverton or San Juan County and the damage which such association necessarily would cause to our community and its fragile tourism based economy. 3. Because of the vast amount oflocal knowledge, information and expertise relating to the mines of our area, while the EPA will retain the ultimate decision-making authority with regard to activities within the Superfund site, the EPA will actively involve the Town and County governments and representatives of relevant state agencies in all phases of work in connection with the site including but not limited to the listing process, the determination of the nature, scope and extent of the studies to be performed and of the data to be gathered, the remedial investigation and feasibility study, as well as the formulation, selection, design and implementation of potential remedies. The scope of this involvement will not be limited to the typical review and comment on EPA proposals but instead will include active and meaningful involvement throughout this process and particularly in the formulation and evaluation of the EPA's proposals. 4. When requested, the EPA will authorize and fund Technical Assistance (TAG) Grants or other scientific and research grants to fund such technical assistance as the Town and County may require in order to meaningfully participate in all aspects ofthe Bonita Peak Mining District Site project and also cause the EPA's Office of Research and Development to authorize and fund whatever Science Technical Research (STAR) or other grants to develop a complete understanding of the geology and underground hydrology of the area sO that any actions taken can be based on adequate information as to their potential consequences. 5. EPA will use its best efforts to utilize the Bonita Peak Mining District project to develop and study new or alternative technologies, approaches and remedies for use in connection with mine drainage generally. This will include utilization of expertise in academia and industry regarding hydrology and other areas which properly should be considered in formulating any remediation plan for the site. 6. EPA will authorize and fund, via a Cooperative Agreement, Community Assistance (CAG) Grants or otherwise, financial assistance to the Town and County to enable them to meaningfully participate in all activities related to the site and to address all impacts caused by the Gold King incident, the Superfund listing and cleanup including reimbursing the Town and County for expenses incurred from and after August 5, 2015. Because, unlike the usual Superfund site, the Gold King spill was caused by the EPA's contractor and thus the EPA bears financial responsibility for all consequences of that spill, the scope of this assistance is intended to be considerably broader than typical for Superfund listings and to cover all expenses reasonably stemming from the Gold King incident, the listing process and all post-listing costs including housing, legal assistance, additional manpower needs, etc. 7. In order to avoid unintended consequences which may be caused by ignorance ofthe geology and underground hydrology oft the San Juan Mountains, before developing or implementing any alternative remedies, acting in conjunction with academic and government experts in all relevant areas and with the State of Colorado, EPA will work closely with both the local and state governments to assemble a team of scientific consultants with the necessary expertise in all areas where study may be required (particularly in the area of geology and underground hydrology) to develop such data, knowledge and information as may be necessary to understand the underground hydrology oft the area and the potential consequences of remedial actions which may eventually be taken. 8. In order to prevent worsening water quality and further degradation oflocal streams, EPA will continue to operate the existing water treatment plant to treat discharges from the Gold King, Red and Bonita, and other area mines until final remedies are selected and implemented. 9. In order to prevent worsening water quality and to avoid the potential for another catastrophic release of acid mine drainage, the EPA will delay closure of the bulkhead installed on the Red and Bonita adit until the potential effects of such closure have been thoroughly studied and it has been determined that such closure can be effectuated without risk of causing a future blowout or release of contamination from other discharges. 10. Declaration of a Superfund site without adequately funding it will be a meaningless gesture. Because the Gold King incident is unique in that it was caused by an EPA contractor, EPA will give the Bonita Peak Mining District site adequate funding. 11. EPA will not seek to recover cleanup costs nor will it otherwise seek contribution from either a) innocent property owners who have not commercially operated any listed mine property or otherwise caused or contributed to any contaminated mine discharge or drainage or b) local governments. 12. Because the boundaries of the site are being defined sO as to permit study of as wide an area as possible in order to determine which sites actually discharge significant contamination into the Animas and its tributaries, if data gathered during the preliminary stages ofthe project demonstrate that any property initially listed is not a significant contributor to contamination oft the Animas River or its tributaries, EPA will de-list the non-contributing property and provide a letter confirming that the property is not a significant contributor to contamination of local waters and thus is not subject to action under Superfund. 13. If requested by owners of property outside of the Superfund site boundaries, the EPA will at its own expense conduct tests oft the property as requested and provide either written confirmation to such property owners that contamination located within the Bonita Pcak Mining District Site does not have any meaningful effect on their properties or such other documentation as may be required in order to satisfy funding conditions, limitations or requirements of any state or federal agency or program such as HUD, FHA, Fannie Mae or Freddie Mac. - 13/22 Sar Juan 1 County Mani pras igwy 550 Roar: Closurs Gmail Willy Tookey adinin@sanjuand plorado.us> Spring Highway 550 Road Closures Alex Shelley <alex@smpa.com> Mon, Feb 14. 2022 at 9:06 AM To: Silas Clarke cdanes@dlypbouraycom, Tunke@olyolouraycom dtunke@atydlouraycom. smitn@clydbouray.com: smit@dlyoouraycom, gudet@elyolouray.om gucetr@elyoouraycom Iindse/p@alydlburaycom indseyp@colouraycom, Glen Boyd <gboyd@ouraycountyco.gove, boydg@elyplouraycom oyog@elyolouraycom", martensenb@eityofouray.com" <martensenb@cilyofouray.com>, wo@clyolouraycom: woo@lyolouraycom. wood@elyoburaycom wocy@lydouraycom, odeman@dypbouraycom Oleman@elyoourycom, fire@elyolouray.com <fire@eityofouray. com>, Mike Wiggins mke@ouraynewscomo, Lynn Padgett <ipadgett@ouraycountyco.govo, nece@ourayoumycogor Pc@ounyoumyogpe. lisde@oiraycunyeoger <blisdel@ouraycountyco.gove, Connie Hunt hum@ourycanycogo, Willy Tookey samnehan.arcoaous, Jim Donovan oem@sanparcooncous, Deanne Gallegos po@sampancolonous, ear@bown.tdgwaycous PBnglDwnaepaycous, Ruth.Stewarl.Mail@gmail.com" <Ruth.Stewart.Mail@gmail.com>, Jennifer Peterson speterson@ouraycountyco.govo, Pery@ourycounyegor perry@ouraycountyco.gov, William Tookey adminstator@sanuancoumycooradous, scsherti@fronter.net: scsherif@ronterne, sicl/@yahoo.com" Scl/@yanoo.com>, Preston Neill praiçomnaegwycou. DeAnne Gallegos <chamber@sivertoncolorado.com>, Suhnman@sveroncous <sfuhrman@siverton.co.us>, Gloria Kaasch-Buerger gkaasch-buerger@siveron.co.us>, ladair@slveron.cous dadair@siveron.co.us, editor@sivertonstandard.com" <editor@sivertonstandard.com>, chris@fontier.net" <chris@fontier.neb, Terry Rhoades <terryr@smpa.com, Kimpag@gmail.com skimpaq@gmai.com>, kmmetdhn@yahoo.com Skmmedh@yahoo.omo, hedl@wstgensood.com red@etgenwoodcom, ranoeereber@salecous <randee.reider@state.co.us>, "shawkins@montrosecountynet" shawkins@montrosecountynet>, pdamke@me.com" pdamke@me.com, coinmichel@sale.cous colnmicrel@salecous, Tellridemountainclutainclub@gmail.com" <telunidemountainclub@gmai.com>, onsighti@me.com" onsignti@me.com>, adventure@ryderwalker.com" <adventure@ryderwalker.com>, "nfo@redmountainalpinelodge.com' info@redmountainapinelodge.com> Dear Community Stakeholder: As we are getting closer to springtime, San Miguel Power Association (SMPA), our contract vegetation removal company, VM West, and the Colorado Department of Transportation (CDOT) are discussing the continuation of vegetation removal operations along the Red Mountain Electrical Right-of-Way (ROW) for fire mitigation purposes and clearing for a possible power line re-build project. Last year, we completed vegetation removal above US highway 550 in the Mother Cline slide area, South of CR 18. The area North of this point still needs to be cleared. Some of this work can be done without the need for road closures on Highway 550, and some of it can be done with only short, single-lane closures. However-as was the case last year--tree felling near the highway, and operations involving a helicopter will necessitate full closure of the highway. Our tentative work schedule calls for five to six weeks' worth of closures on weekdays only, during the morning and afternoon, with a one-hour break at noon to clear the traffic queue. Traffic stops will be placed in areas that will allow room for motorists to turn around, and information on alternate routes will be wel-communicated ahead of time. The Bear Creek Trailhead parking area and trail will also be closed during these times. One of our foremost considerations is the timing. Safety dictates that we avoid snow and bad weather. Although it's impossible to be sure, we are guessing that the snow mpsimatigecmimaluonwSAePSATeNeneEBA 1/3 2" 18/22 18PW San Juan County Mail Scr igigi way 50Road Cosures may pe gone in late-April and are buil ilcing plans based on that precept. We are also hoiding in strong regard your ( equest that we conclude operations requiring road closures before Memorial Day (May 30th) to facilitate econornic activity I the summer. At this point, that goal looks achievabie. Please stay engaged with our communications, as we endeavor to keep you informed. With this in mind, we do have an additional request. CDOT has stated that they will require notification that the community stakeholders (i.e. You) are in support of the project and understand the necessity of the road and trail closures. Without documentation of this support, a permit to conduct the closures may be delayed. Therefore, I must ask that you reply with a statement of your support. A simple email will do. To facilitate, I am attaching this message template. Feel free to use as much or as little of it as you wish. This quick action will go a long way toward the goal of producing a schedule that maximizes benefit for all while mitigating inconvenience. Thank you for your past support, and for your continued engagement. Alex Shelley Communications Executive SANI MIGUEL POWE ER ASSOCIATION A Touchstone Energy' Cooperative % P.O. Box 1150 Ridgway, CO 81432 Office: 970-626-5549 x212 Mobile: 970-209-5593 alex@smpa.com www.smpa.com Iti is the Mission of the San Miguel Power Association, Inc. to provide our members with safe, reliable, cost-effective, and environmentally responsible electrical service, while demonstrating both cooperative responsibility and support for the communities we serve. SMPAis an equal opportunity provider and employer. San! Miguel Power Association is an equal opportunily provider and employer, In accordance wilh Federal civil rights law and U.S. Department of Agriculture (USDA) civil righls regulalions andp policies, the USDA, ils Agencies, offices, and employees, andi institutions participating in or administering USDA programs are prohibited from discriminating based onr race, color, national origin religion, sex. gender identity (including gender expression), sexual orientalion, disability, age: marital status, family/parental status, income derived from a public assislance program, political beliefs, or reprisal or retalialion forp prior civil righis activily, in any program or ectivity conducted or funded by USDA (not all bases apply to all programs).: Remedies and complaint filingo deadlines vary by program or incident. Persony with disabilities who require alternative T ea ans of communicalion forp programi information (e. g. Braille. large print, audiotape, American Sign Language, etc:)s should contact lhe responsible Agency or USDA's TARGET Cenler at (202)720-2 2600 (voice and" TTY)or contac USDAI through lhe Federal Relay Service at (800)877-8339. Additionally, programi information may be made availablei inl languages other than English. Tol file a program discrimination complainl, complete the USDAI Program Discriminalion Complaint Form, AD-3027, found online at http, www. asco usda. govcomplaint filing cusLhtml and al any USDA office or write a lelter addressed to USDA and provide in lhe letler all oft thei information requested in thet form, To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or lelter lo USDA by: (1)mail: U.S, Department of Agriculture Office of theA Assistant Secretary lor Civil Righls 14001 Independence. Avenue, SW Washinglon, D.C. 20250-9410; (2) fax: (202) 590-7442: or (3) email programuantakeQusda gov. USDAI is an equal opportunily provider, employer. and lender. htps/mail.googe.commaluona-aseat,2eivew-plsearcdreachalspemmagd-mapnA17247528984272405smp-map.ns9-A3A17247552834. 2/3 ou loiures fon Fire Mbiaauoi Gmail Willy Tboxey sadmnesanuan locndos Is Updated Info. - Hwy. 550 Ciosures for Fire Mitigation naR ssage Alex Shelley <alex@smpa.com> Mon, Feb 21, 2022 at 10,-3 AM To Silas Clarke danss@rdlyobouraycom, unke@rlyotouw.nn funxe@atolouraycom,. smithi@ctyfouray com" smifngclyoowraycomo. gulde@cityotou: ay com" sgugat@ctyolouray com>, Iindseypetypo-rwson didse.p@oyotouraycom. Glen Boys gpoydgouraycounty. .yovo, "martensenb@cilyeityofouray.com areemveconuarom, woodi@oilycfouray, com" <W: 1C @alyolouray.com, woodk@elyo'oura/ con" wouyeclyocuraycom, coleman@clyloura), com' coeman@elyehunyem, fire@eityoiouray.com" fre@utyolouraycomo. Mike Wigyins <mike@ourayne: wS. com> Lynn Padyett <ipadgett@ouraycountyco.gov> nlece@ouraycounyco gov" Snlece@ouraycounyco gov>, lisde@ouryounyegor iegpuaycanyego, Conrie Hunt <chunt@ouraycountyco.gov, Willy Tookey <admin@sanjuancolorado.us>, Jim Donovan mean.anooacus, Deanne Gallegos pogsanuanconcous. dar@own.dgwaycous Parlownrepwaycous, Ruth@ouraymountainrescue.com" <Ruth@ouraymountainrescue.com>, Jennifer Peterson peterson@ouraycountyco.govo, petny@ouraycounyco gov" Pery@ousypounycogo, William Tookey adminstaor@sanuancounycoraco.us, ysnerifgfronuerner sesherift@fronterne", Preston Neill spnell@town.ridgway.co.us>, DeAnne Gallegos chamber@slvertoncolorado.com>, siumangsnveron.ous suman@slveroncous, Gloria Kaasch-Buerger gk3asch-buerger@siverton.co.us>, adar@slverton.ous dadair@sivpron.cous), edtor@sivertonstandard.com" <editor@sivertonstandard.com>, "chris@fontier.net" <chris@iontier.neb, Terry Rhoades <terryr@smpa.com>, Kimpag@gmal.com Kimpag@gmail.como, kmmetdh@yanoocom: SAimmetdh@yahoo.como, ned@wstgenood.com redi@etgenwoodcom, Neroa:Saueh@usdagor Nerdha:Saser@usdago, KmbonsePhlip-@usanger sombereePhtr-@luagon, Lisa Schwantes Saschane@naerous, "Allison - Cdot, Jennifer" ennifer.alison@son@state.co.Us>, randee.reider@state.co.us" <randee.reider@state.co.us, shawkins@montrosecounty.net" <shawXins@montrosecounty.neb, "Constan - CDOT, Julie" ue.consin@saecu, pdamke@me.com" pdamke@me.como, colnmichal@sale.cous <colin.mitchell@state.co.us>, elluridemountaincdlutainclub@gmail.com" telundemountainclub@gmail.com), onsighti@me.com" <onsghti@me.com>, Ryder Walker Adventure <adventure@ryderwalker.com>, info@redmountainalpinelodge.com <inio@redmountainapinelodge.com>, director@lronhorsebicydledlassic.com" drector@-ronhorsebiyledlassic.com> Dear Community Stakeholder: have some updated information that may help answer some of the questions we have received from several of you concerning our planned vegetation removal operations along the Red Mountain Electrical Right-of-Way (ROW). While the proposed operations window is five to six weeks in length, the time during which we would require FULL road closures would be closer to only two weeks. This would be for tree felling near the highway and helicopter work. To facilitate our CDOT permit, we are requesting written support from stakeholders in the communities closely affected by road closures on Highway 550 between Silverton and Ouray. Although we appreciate any and all support, we believe that CDOT is primarily wanting to hear from representatives in these two communities. Again, please find the attached form letter which can be used in full, or in part, for the purposes of providing written support, at your discretion. Thanks again, for your continued engagement. htpsl/mailgougle.com'malwo7kelaseaeh2lesvewepisearch-allpemhnid-hvead.Pa3A17253958723882393416simplmsg.A3A17253958723 1/2 Dear Regional Transportation Directort My name is and - represent In this capacity, I have been in communications with San Miguel Power Association (SMPA), their contractor, VM West, and representatives of our neighboring communities about the vegetation clearing operations along the Red Mountain electrical transmission right-of-way. My colleagues and I are aware of the importance of this project and we fully support the work that is planned to occur this year. SMPA has reached out to us and heard our input in meetings and through other means. We have expressed our desire that SMPA partner with us regarding planning and communications. We have also expressed our desire that the work necessitating full road closures on Highway 550 be completed by Memorial Day (May 30, 2022), which is the unofficial launch of our summer economic season. We understand that SMPA has heard our concerns and desires, and we believe that they will do everything within their power to comply. Please take this as our written expression of support for SMPA and their contractor to complete the vegetation clearing project, including the temporary and intermittent full closure of Highway 550 as necessary in the coming months, with our preference that this work be completed before May 30th. Thank you, S.H..P. PRE-DEVELOPMENT ASSISTANCE ANVIL MOUNTAIN FEBRUARY 2022 SILVERTON, CO CONTENTS NTRODUCTION 3 PROCESS SITE VISIT SITE ANALYSIS 6 CONCEPT DESIGN 0 PROJECT FINANCING 12 ACTION ITEMS/ NEXT STEPS. 15 ACKNOWLEDGMENTS 16 NTRODUCTION PROJECT BACKGROUND The land at Anvil Mountain was purchased in 2003 by San Juan County. Since then, there has been significant work to create a local resident and employee neighborhood. The countyled a voluntanyenvronmental clean- up, built streets and extended utilities, and completed an initial phase of rental housing in 2018-2019. Homes for sale are now under construction on the. site. This report seeks to create a plan for the remaining lots within the site, with the goal of providing an additional 10 townhomes for sale and 14 apartments for rent. CONSTRAINTSPROBLEM STATEMENT - WHY IS TA NEEDED? The existing planning approvals and grant contracts for the Anvil Mountain set expectations for what will happen in this phase ofthe project, including general guidance on housing types and what level of household income they must serve. This document seeks to navigate the constraints in place, outlining a path forward for conceptual design, financing, process, and roles. CURRENT HOUSING MARKET The proposed unit mix and pricing seeks to be responsive to the Housing Needs Assessment - Town of Silverton & San Juan County August 2021, conducted by Root Policy Research. That document identified the following housing needs (bold items are addressed by this plan): "At a minimum. to accommodate job growth projected by Region 9 Economic Development, in the next three years, the county will need: 22 new units for permanent residents, and 14 beds for seasonal surge capacity. Ideally, 13 units would be affordable for sale, priced under $525,000; 4 units would be deeply affordable rentals, with rents of $625/month and less; and 5units would be shared 2-3 bedroom market rate rentals, with rents less than $1,750/month 14 aret temporary units/beds for seasonal workforce. To accommodate the current and future needs dentified by local employers, the county would need to more than double this production, building at lcast 50 units in the ncxt three to fivey years, or between 10. and 15 units per year, in addition to 14 beds for seasonal surge capacity. Reductions in in-commuting would require development of even more units." (page 10) Median Incomes and Affordability for San Juan County 2021 Household Annual Income Affordable Purchase Affordable Rent Two pcoplc 125% AMI $73,500 $324,100 $1,838 Two people 60% AMI $35,280 $155,600 $882 S.H..P. Pre-Development Assistance Silverton PROJECT GOALS Provide housing for sale and for rent to local residents, employees, and retirees of San Juan County Make the most oft the nfrastructure investments and scarce land, while balancing neighborhood character and enough space for parking, storage, and snow removal. Provide a mix of housing units at affordable prices (rent payments less than 30% of household income), with an emphasis on two bedroom units. Plan and build for solar access, energy efficiency, and good indoor air quality Meet or exceed the affordability targets set in current funding agreements (125% AMI and 80% AMI, see "regulatory agreements" below) Attempt to be shovel ready in 2022 REGULATORY AGREEMENTS The site has a deed restriction with Colorado Division of Housing which requires that 60% of units are under 125% AMI and one-third of those under 80% AMI. Based on what has been built to date. Deed Restriction Built/Committed Remaining to be Target AMI Target Required Units! AMIs Built Unrestricted 40% 22 18 5 <125% 40% 24 10 14 <80% 20% 13 8 5 Total 100% 60 36 24 PROCESS SCOPE Stake Holder Meetings Concept Design Project Financing & Site Visit & Masterplanning & Action Plan Reporting Kickoff meeting/ Site visit Roles and Process discussions Concept design Design Feasibility Financial Feasibility Client Next Steps for Success The required units for the 125% and 80% AMI ranges were rounded up to the nearest whole unit. S.H.LP. Pre-Development: Assistance Silverton 4 SITE VISIT The CHFA SHIP team and project stakeholders conducted a site visit and design workshop on November 16, 2021. The discussion covered site constraints, planning and zoning, desired outcomes, an initial conversation on proposed roles and process, and discussion of a series of preliminary design ideas. Participants included: Gloria Kaasch-Buerger, Town Manager, Silverton Willey Tookey, County Administrator Austin Lashley, County Commissioner Beth Kramer, Executive Director, San Juan Economic Development Lisa Adair, Senior Planner for Silverton and San Juan County Chris Lopez, Community Relationship Manager, Colorado Housing and Finance Authority Tim Reinen, Principal, Reinen Consulting Willa Williford, Principal, Williford LLC Zoning The current site assemblage consists of lots that are appropriately sized for townhome units and multifamily units. The final approved subdivision plans for Anvil Mountain dated March 2012 are used as the basis for design, which requires a PUD approval ofthe Planning Commission Survey The consultant team is utilizing the approved Final Plat drawing dated March 2012, for property and lot lines consisting of 6 designated lots. Infrastructure Water and sanitary sewer are available within ther right of way adjacent to the three parcels. There are overhead power lines that may need to be addressed in development oft the rental housing. Other constraints Infrastructure was funded through the Colorado Department of Local Affairs. The funds came withd fequirements. to serve households at specific income levels, including 60% of units for households under 125% AMI and one-third of those for households under 80% AMI, as noted above. - S.H..P. Pre-Development Assistance - Serton CONCEPT DESIGN "Note: These images are for conceptual design only, and should not be used for construction, purposes MULFAMILY DEVELOPMENT SCOPE TYP) DUPLEX DEVELOPMENT % SCOPE(TYRI FUTURE DEVELOPMENT (TYP) STMITET DUPLEX TOTAL UNITS: DEVELDPMENT COPE (TYPY (O)HOMEOWNERSHIP UNITS (DUPLEXFORM) (14) RENTAL UNITS IMUITIFAMILYFORM) S.H.LP. Pre-Development Assistance I Silverton 6 S.H.LP. A NoteThese Signonty, and shouldina EU C 1 Sow IBDRM SF IBDRM o BDRM 0255 S TOTAL UNITS (2 STORY BLDG): (10) ONE BDRM/ STUDIOS (2)TWO BDRM UNITS (2)THREE BDRM UNITS 6 S.H.L.P. Pre-Development Assistance Silverton 8 Note:These images are for conceptual design only, and D0 Da Lfor construction purposes - 1 S.H..P. Pre-Development Assistance Silverton *Note: These images are for conceptual design only, and should not be used for construction purposes SECONDF FLOOR BALCONY CADURDTION S.H.I.P. Pre- Development Assistance Silverton 10 PROJECT FINANCING PROFORMA Ap proforma is an analysis used to determine the financial feasibility of a development project. The first component of this analysis is an estimation of development costs. This is done by researching the current costs for development including 'hard costs' that include the physical materials that go into the building and the construction labor, and' soft costs' which include permitting costs and thei fees of professionals such as architects and engineers who are needed to ensure a structurally sound project. The second component oft the proforma varies depending on whether ther model is used for for sale or rental. When modeling for-sale, the estimated purchase price of the units. should cover the development costs, otherwise subsidy for the project will need to be identified. When modeling rental, the: second component is a forecast of the revenue that can be generated by the development and the operating expenses that will be incurred annually once the project is upa and running, There are several ways to approach this, but knowing the goal of this development is to create housing that is affordable to local residents, the anticipated rent amounts for the residential units are set based on the Colorado Housing and Finance Authority's 2021 Maximum Rent Tables which are based on the area median income for San Juan County. Operating expenses are forecasted based on other projects with similar characteristics. Together, these inputs illustrate how much of the project can be financed through a conventional loan and how much of a gap remains between the development costs and the identified sources of funding. Once iti is clear how much additional moneyis needed, the project developer can begin looking for other funding sourcesi in the form of grants, loans, ori tax credits. Silverton Assumptions - For Sale Development Land $0 In- kind from San Juan County Slte Improvements $0 Site Improvements are already complete Hard Costs $2,260,000 $200/sf Soft Costs $565,000 $50/sf Professional Fees $113,000 5% of hard costs Construction Finance $65,930 4% @ 60% accrual over 1 year; 65% LTV Developer Fee $127,125 Modeled low at 5% ofh hard and soft costs Brokerage Fee $74,635 2.5% of sales price Total $3,204,690 $321,053 per unit Home Size AMI Level Square Feet Sale Price 3bedroom/1.5 bath Unrestricted 1,130 $500,00 3bedroom/1.5! bath 124% 1,130 $321,900 3b bedroom/1.5 5 bath 79% 1,130 $205,100 Salesp prices were modeled in several different combinations: that would all meet ther requirements set forth bythe Department S.H.I.P. Pre-Development Assistance - Silverton 11 ofl Local Affairs discussed above. Depending on how prices are set, the project may, generate a profit (4 units at market rate, 5 units at 125%. AMI, and 1 unit at 80%A AMI), or there may be a gap of approximately $11,000 per unit (8 units at 125% and 2 units at 80%). Even at these price points, the townhomes may be priced higher than what is affordable for the households the Town aims to support. Silverton Assumptions - Rental Development Land $0 In-kind from San Juan County Site Improvemnts $300,000 Grading and powerline Hard Costs $1,865,000 $250/sf Soft Costs $373,000 $50/sF Professional Fees $93,250 5% ofHard costs Construction Finance $36,731 4% @ 60% Accrual over 1y year; 65% LTV; 1% orig Permanent Finance $17,800 1% Origination Developer Fee $111,900 Modeled low at 5% of hard and soft costs Operating/DSC Reserves? $80,210 6mo. of operating expenses and debt service Replacement Reserves $4,900 $350/unit Operating Expenses $56,000 Est. $4,000 per unit per annum; may be lower with in-kind work Total $2,882,791 $205,914 per unit If rents are modeled at the 80% AMI range, this development can drive $1,780,000 in conventional financing, leaving a $1,102,791 gap ($78,771/unit). The 80% AMI rental rates may still be too highi for the residents the Town is hoping to support; to make the units affordable at lower price points, more, gap financing will need to be sourced. POTENTIAL SOURCES Options to fill the gap between the development costs and the available financing include: Colorado Division of Housing grants The development site isi in an area eligible for USDA Multi-Family Housing Direct Loans which can be used as an alternative to conventional financing Colorado Housing and Finance Authority also provides competitive loans for housing in small rural communities HB: 21-1271 is a new funding source through Colorado Division of Housing that might have potential fori this site Philanthropic funds through local, regional or state fundraising Local general funds or passthrough sources such as American Rescue Plan In-kind work by San Juan Economic Development Council, Town of Silverton, and San Juan County has already supported this project development, and may continue to do SO. Additional information on potential funding sources is attached in the funding map appendix. Debt Service Coverage S.H.I.P. Pre-Development Assistance I Silverton 12 ROLES Anvil Mountain Housing Rental For-Sale Lenders TBD, CHFA COI Division of Housing, Grant Funders And? And? Land Use Approvals Town of Silverton Developers/ Owner's Rep/ SanJuan Economic Development Corp Contractor Builder Developer TBDt through RFP Property Manager Deed Restriction Compliance Town or Housing Authority? Town or Housing Authority? Land Owner/Applicant San Juan County transfer to town of Silverton Long Term Owner Town or Housing Authority? Resident occupants ACTION ITEMS/NEXT STEPS The stakeholder team has determined that proceeding with thei for-sale townhome portion of this proposalist theimmediate next step. The rental development is proposed to proceed within three years. ANVIL MOUNTAIN - TOWNHOUSE - DEVELOPMENT PROCESS 2022 2023 2024 Action Steps Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Predevelopment Define structure,roles, duties Establish funding and development plan Select and refine design concept Submit/Process: Annexation Application RFP for development partner Complete design Complete financing Development Building per mits Construction Sales S.H.I.P. Pre- Development Assistance Silverton 13 Other recommendations include: Further refining project roles. >) Who will lead tenant/buyer eligibility, selection, and contacting? > Assign a project manager/owner's representative to coordinate the project and keep momentum. > Who will coordinate the predevelopment of thei future rentals project, SO that iti is ready for development in 2023 or 2024. Host a community meeting to gather eedback on the preliminary design concept and proposed process. Proceed with annexation of the site into the Town of Silverton, if possible. Finalize and issue a request for proposals for a developer/builder to participate in a public/private partnership. In coordination with the selected developer, apply to grant funders and lenders. Further explore and confirm funding sources, including CHFA, Colorado Division of Housing, Colorado Health Foundation, ARPA, Colorado Trust, and Rural Philanthropy. Create a tenant/homebuyer selection plan in coordination with local government entities and the Colorado Division ofH Housing. Examples from the processes used to date at Anvil Mountain and peer communities such as Gunnison and Basalt can helpt to inform this process. Research prefabrication, in-kind donations of labor and materials, and other cost-saving measures to address high construction costs. Continue to refine the financial projections. Develop marketing materials, provide regular updates to the community on project progress and keep an interest list of potential buyers. Consider options for unit layouts. Townhomes can be 2 or 3 bedrooms w/ additional bathroom fixtures as the developer sees fit, Final design for multifamily should have exterior stairs covered from elements. S.H.LP. Pre-Development Assistance Silverton 14 ACKNOWLEDGMENTS Austin Lashley, County Commissioner Chris Lopez, Community Relationship Manager, Colorado Housing and Finance Authority Gloria Kaasch-Buerger, Town Manager, Silverton Beth Kramer, Executive Director, San Juan Economic Development Lisa Adair, Senior Planner for Silverton and San Juan County Bill MacDougall, Building & Code Official, Fire Inspector, Town of Silverton Brian Anderson, Residential and Commercial Contractor, 9318 Contracting Nico Foster, Construction and Design LLC Tim Reinen, Principal, Reinen Consulting Willa Williford, Principal, Williford LLC Mary Coddington, Program Manager, Cappelli Consulting James Roy II, Principal, Urbanity Advisors Briana Roy, Office Manager, Urbanity Advisors S.H.I.P. Pre-Development Assistance Silverton 15 COLORADO'S OUTSTANDING WATERS DESIGNATIONS HELP SAFEGUARD WATER QUALITY Outstanding Waters Outstanding Waters (OW) 5 a desig avion awarded to reaches of streams, rivers or other bodies of water Nith hign water quality and exceptional recreational or ecological significance that are deemed worthy of increased protections by the State of Colorado. The intent of the designation is to preserve the high quality oft the designated reaches for future generations. For a stream or part of a stream to qualify, it must meet specific water-quality criteria gathered across a wide range of measures. Protection of Colorado's highest quality streams is vital to our state and our way of How are Outstanding life. Clean water is not only critical for Waters designated? drinking water for our communities, but also for habitat for fish and other wildlife, Any person may nominate farming and ranching, recreation and the any state water for long-term economic development of designation as an OW. Colorado's towns. OW nominations are A river or water body that is designated as evaluated by basin on a an OW receives special water quality rotating triennial (every- protections within and upstream of the three.years)review schedule reach, protecting it from long-term by the CDPHE'S WQCC. The degradation, that is, from deterioration of process to propose an OW existing water quality conditions. nomination takes multiple years and includes An OW designation is awarded through the substantial water sampling Water Quality Control Commission (WQCC) across all seasons, rigorous of the Colorado Department of Public data analysis and evaluation, Health and Environment (CDPHE). extensive public outreach, Designation occurs through a three-year and three public hearings rulemaking hearing process that includes where public comment is three public hearings.' encouraged. Pictured Right Hermosa Creek Dhtps/Icdphe.colo: ado. gov/wqcc public-partucpaticn designated OWin. 2009 The FAQs What does an Outstanding Waters Are Short-Term, Temporary Activities designation do? Allowed? An OW designation protects a derined reach ofa short-terr water qualiry degradation of a stream. river or lake that h as a very hgh level of waterbody designated - $ an CW may be allowed to exisung water quali'y from future degra adation of occur for acu vities th ai res ult nicng-term ecc.ogical that water quality. Waters designated as OVI nuve or water quality cerefic on cleas public interest-for IO be maintain ied and protected at their exiscing example, for restcr ation of a campgrounc- 5O long quality. Only short-ter degradation of existing as that degradation is minimized and Nater quality quality is allowed and only for activities that result returns to its prior high-quality condition after the in long-term ecologic al or water quality oenetit or activity is completed. clear public interest. Does Outstanding Waters Designation Affect Water Rights? No. OWi is about water quality; it does not affect water rights, which are about flow. OWs offer a unique, state-level designation (within the legal framework of the federal Clean Water Act)to protect existing water quality. while allowing for the exercise of valid water rights. Are Preexisting Activities Such As Grazing Affected? OW protections only prevent new or increased sources of pollution in designated streams. Can an Outstanding Waters Preexisting uses, such as grazing and recreation, as designation go through private land? well as Water Quality Control Division (WQCD) permitted activities can continue at the levels and Yes, OW designations can go through private land intensities in place at the time of designation. In as long as the designation criteria for OW are met,, other words, as long as a preexisting use does not An OW designation prohibits any new activity or increase pollution in a stream, OW would not limit any expanded activity that could degrade water that use. If a use (such as grazing or recreation) quality below designated levels for a given reach, does not currently require a permit from WQCD, ensuring clean water for rivers flowing through that would not change under an OW designation - private property. no new permit would be required. Are New, Long-Term Activities Allowed How are downstream water users Near Or Along Outstanding Waters affected by an Outstanding Waters Reaches? designation? New activities may also take place 50 long as they do Downstream water users are not impacted by an not result in any degradation of the high levels of OW designation other than benefiting from the water quality of the given reach (relative to the protection and delivery of high-quality water quality at the time of OW designation). downstream. OUTSTANDING WATERS - HOW ARE THEY DESIGNATED? Outsranding Waters (OW) 15 a de gnation awarded to reaches of streanis, vivers on other bodie 501 Water in high water quality and exce otiunai recreational D1 ecologicai sign ificance that are deemed worthy Dt ncreased protections by the State of olorado. The ment ofthe design ation, is to pre ent degr - dation, thuspraserving existing high water quality for furu ure: generations. An OW designation is m ade thr Dugh the Water Quality Control Commission (Commission) n the Colorado Department of Public He: alth and Ervironment (CDPHE). Designations are made as part of the Commission's triennial rulemakings held on a rotating pasis for basins around the state; eachbasin rulemaking process S spread over three calendar years from scoping, through issues formulation, to final action. To qualify as an OW, a waterbody must meet three key criteria: Waters must constitute an outstanding natural resource, with "exceptional recreational or ecological significance" and not modified by human activities in ways that substantially detract from their naturalresource values. Examples include Gold Medal trout fisheries, native cutthroat trout recoverywaters, waters with outstanding opportunities for recreation such as boating, swimming, and fishing, as well as waters within national parks, monuments, wildlife refuges, and wilderness areas. 2 Waters must require protection in addition tO that provided by water quality classifications, standards, and protections from the CDPHE. For example, the Commission has recognized the need for native trout to have water quality maintained at existing high levels in light oft those species' sensitivityto water pollution. Similarly, wilderness areas require protection at their existing high-qualiylevelsro maintain that "untrammeled by man" wilderness quality. 3 These parameters are: pH irects mary E.coli Dissolved oxygen DG f a Cn enical andibpiologica a 6 - aw a measure ofioxyger gracessesihsurfac. ntential Gal se sickness available tO aquatic Waten Foriexamole 1 ando a ease ive B organisms some aquate owigHmetals are olsr sur ce N. ten could organisms requie ypicallymore soluble harn human Sthat abundant DO whl-cthers andmore toxicto inadveently swallow.water are adapted to survivewith aquatic fe. whle recréating, less. Nutrients are essential or Metals and other trace elements are foubnd in livirgprganisms andiexisu surface waterfrom natural sources such as the in different forms chat weathering ofinock but can also be elevatedidueto naturally cycle through the disturbances such ast wildfire or historic mining, atmosphere, terrestrial and causing harmful impacts om aquauc life. Metals aquatic ecosystems. Excess measuredine evaluating potential QWS arei nutrients, howeved can adversely affect aquatic chronic cadmium chronic seleniur habitau andbecome toxic chronic copper chronic silver to'sensitive aquatic species. chroniciead chronic zinc Nutrients used in chronic manganese evalcating potentialows are: Representative data across muldiple seasons shoutd chronic ammonia be sampled to demonstrate that water qualityis . nitrate ndeuegualoorbater than these water quality requirements. Sources COR1002 31.81)0) Water quality parameters required for Outstanding Waters consideration Target Analyte Fraction Use classified by Water quality standard Assessment statistic Evaluated Water Quality Control Division PH N/A Aquatic Life: 65-90 15-85" percentile Dissolved Oxygen N/A Aquatc Life 60/70mg 15" percentile. E coN N/A Recreation 126/100ml Geometric riean Ammonia Total Aguatic Life Chronic pH and temperature dependent 85" percentile standard Mtrate on Nitrate Nitrite Total Domestic Waten Supply Use IDmg/ 85" percentile Cadmium Dissolved Aquatic Life Chronic Hardness based standard Copper Dissolved Aquatic Life Chrone Hardness-based standard 85 percentileor Leadi Dissolved Aquatic Life Chronc Hardness Dased standard exceedances n less than 1590 of: sampes Manganese Dissolved Aquatic Life Chronic Hardness based standardi Selenium Dissolved Aquatic Life Chronic 46) ug/ B5" percentile Silver Dissolved Aquatic Life Chronic Hardhess based standard 85" percentife or exceedances ini less than 159 Zinc Dissolved Aquatic Life Chronic Hardness-based: standard ofsamples Additional, parameters Water temperature N/A N/A NA: N/A Calckum Dissolved N/A N/A NIA Magriesium Dissolved N/A N/A N/A Arsénic Total Domestic Water Supply Use 0.02 GE 50 percentile Rferchces CA-PywARNek Hcnle ar de Ersitcrtncrt (CDDIE 136i8 ficgutation Nc 31 The Boske Stocdardn andlActhoinie fon Srfacc woicr 5, COR 100331 ejentir wis, SUBJECT: Hlillside Cemetery Fence Silverton STAFF CONTACT: Todd Bove Overview: After years of discussions with various stakeholders in the Hillside Cemetery. the removal of the fence surrounding the property was identified as the top priority related to deferred maintenance due to its dilapidated condition and its perceived negative effect of wildlife migration. In collaboration with these various stakeholders. the Town of Silverton agreed to take this project on as limited capacity allowed. In effort to expedite the initiation ofthis project, a local volunteer group offered to devote resources to the removal of the fence. Volunteers have now removed a significant portion of the fencing. The Town has received multiple complaints from concerned citizens as to the fence removal in recent weeks. Staff Recommendations: The Town of Silverton Staff understands both the need for a fence surrounding the cemetery and the limitations it places on wildlife migration. The Town of Silverton plans to begin construction on a replacement fence in the summer of 2022 and has set aside funding to initiate this project. Additional funding for completion will be requested to the Board of Trustees in the 2023 budget. The new construction will include wildlife migration gates that may be opened seasonally when appropriate. The new fence materials and aesthetic will be selected in the coming weeks through collaboration ofthe Town of Silverton, Silverton Historic Society and Hillside Cemetery stakeholders. 1 oppolE.sihvp.a lewlie wires remain Horizortal pole is down, connecting tie wires are clipped. Just waiting for 2D snow to melt to roll up Down and rolled up a - Tmnol, Silverton ORDINANCE NO. 2021-09 AN ORDINANCE OF THE TOWN OF SILVERTON, COLORADO, AMENDING SECTIONS 8- 3-30 THROUGH 8-3-80 OF THE SILVERTON TOWN CODE IN ORDER TO PROHIBIT OFF- HIGHWAY VEHICLES ON ALL STREETS, ALLEYS, AND RIGHTS-OF-WAY WITHIN THE TOWN OF SILVERTON WHEREAS, the Town of Silverton (the "Town") is a Colorado statutory municipality governed by its elected Board ofTrustees (the "Board"); WHEREAS, sections 8-3-30 and 8-3-80 oft the Town's municipal code (the "code") authorized public use of off-highway vehicles ("OHVs") on designated vehicle routes within the Town pursuant to the OHV Routes Map; and WHEREAS, on April 26", 2021, at a regular, public meeting, the Board considered and approved the first reading of Ordinance 2021-05, which amended sections 8-3-30 through 8-30-80 of the Town's code in order to prohibit OHVs on all streets, alleys, and rights-of-way within the Town; and WHEREAS, the Town adopted Ordinance 2021-05 on May 18"h, 2021 prohibiting OHVS on the streets, alleys, and rights-of-way within the Town starting on June 20th, 2021; and WHEREAS, on June 7th, 2021, a referendum for Ordinance 2021-05 (the "referendum") was filed with the Town's Municipal Clerk; and WHEREAS, the Municipal Clerk made a final determination of sufficiency of the referendum on July 20th, 2021 as no protest was filed to delay the finding of sufficiency; and WHEREAS, pursuant to C.R.S. S 31-11-104(1), the Board referred Ordinance 2021-05 and the referendum to the registered electors of the Town at a special election held that was held on October 12th, 2021; and WHEREAS, as a result ofthe special election held on October 12"h, 2021, a majority ofthose registered electors that cast their vote in the election, voted to approve the amendment of sections 8-3-30 and 8-3-80 of the code and prohibit the use of OHVS on all streets, alleys, and rights-of-way within the Town; and WHEREAS, the Board hereby finds and declares it necessary to amend the Town's code to prohibit OHVs throughout the Town of Silverton. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF SILVERTON, COLORADO: . onr 8-3-30 1S herebs amendes as mlows Off-highway vehicles de prehibited 0I1 alsucets, aileys, and iglits-of-way within the Tuwn nf Siiverto n 2. Sections 8-3-40 through 3- : 80 are lereby Meleted in their entirety Elfective Date and Time. The amendments to the Town of Silverton municipal code shall take effect immediately. TOWN OF SILVERTON, COLORADO: Shane Fuhrman, Mayor ATTEST: Kelli Fries, Towr Clerk RFSOLCTION 2012-0.L A RESOLUTION Al LOWINCI TH!E USE OF OFI F-HIGHWAY VEHICLES ON CERTAIN ROADS WITHIN THE BOUNDARIES OF SAN JUANCOUNTY WHEREAS, Colorado Revised Statutes 33-14.5-108(1X0) allows the Board of Commissioners the right to declare which County roads may be used by off-highway vehicles (OHVs); and WHEREAS, there is an increasing demand by OHV users for San Juan County to allow the use ofOHVs on roads within the County; and WHEREAS, the Board of Commissioners has determined that the citizens of San Juan County may benefit both socially and economically by the Board allowing the use of off-highway vehicles on certain County roads; and WHEREAS, it is the desire of the Board of Commissioners to designate certain roads in the County as allowable for OHV use. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of San Juan County that all County roads may be used by off-highway vehicles, with the following exception: 1. County Road 6, also known as the Shrine Road, shall not be open to off-highway vehicles. 2. County Road 34 and 34A also known as the Cemetery Road and the Water Line Road. 3. OHVS shall be allowed to operate on County Road 110A provided that the Town of Silverton also allows for OHV use on the portion of CR 110A that travels through their jurisdiction. BE IT FURTHER RESOLVED that for the purpose of this resolution the definition of "off-highway vehicle" shall be the definition found in Colorado Revised Statutes 33-14.5-101, a copy of which is attached to this resolution. BE IT FURTHER RESOLVED that Resolutions 04-7 is hereby repealed. READ, PASSED AND ADOPTED this 28h day of March, 2012 by the Board of Commissioners of San Juan County, Colorado. Attest: Ernest F. Kuhlman Terry S. Rhoades Ladonna Jaramillo Clerk and Recorder Peter C. McKay Colorado Revised Statutes 33-14.5-101 (3) "Off-highway vehicle" means any self-propelled vehicle which is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways. and which is generally and commonly used to transport persons for recreational purposes. "Off-highway vehicle" does not include the following: (a) Vehicles designed and used primarily for travel on, over, or in the water; (b) Snowmobiles; (c) Military vehicles; (d) Golf carts; (e) Vehicles designed and used to carry disabled persons; (f) Vehicles designed and used specifically for agricultural, logging, or mining purposes; or (g) Vehicles registered pursuant to article 3 oftitle 42, C.R.S.