SAN JUAN COUNTY, COLORADO BOARD OF COMMISSIONERS TOWN OF SILVERTON BOARD OF TRUSTEES MEETING AGENDA June 22, 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 Board Members, 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. BOCC Meeting Minutes for June 8, 2022 APPOINTMENTS 6:35 P.M. Jeff Johnson, Durango and Silverton Narrow Gauge Railroad 7:00 P.M Juliane Roberts, President Silverton Community Radio 7:30 P.M. Resolution 2022-05 Implementing A Stage II Fire Ban Correspondence: Bonita Peak Mining District Newsletter Amendment-Town of Silverton-San Juan County Governmental Services Agreement MOU Colorado Department ofHuman Services Sales Tax Update Public Comment Commissioner and Staff Reports Other Adjourn Times listed above are approximate. Discussion of an agenda item may occur before or after the assigned time. Next Regular Meeting - July 13, 2022 8:30 A.M. Join Zoom Meeting https lzoom. US/192136473203 Meeting ID: 921 3647 3203 One tap mobile 168.9083.9138473007 US (San Jose) +12532158782,92136473203# US (Tacoma) Dial by your location +1 669 900 6833 US (San Jose) + 1 8782 US (Tacoma) + 1 7799 US (Houston) +1 646 376 9923 US (New York) +1 301 715 8592 US (Germantown) +1 1 6799 US (Chicago) Meeting ID: 921 3647 3203 SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY,JUNE 8, 2022 AT 8:30 A.M. Call to Order: The meeting was called to order by Chairman Scott Fetchenhier. Present were Commissioner Ernie Kuhlman and Administrator William Tookey. Payment of Bills: Commissioner Kuhlman moved to authorize payment of the warrants as presented. Commissioner Fetchenhier seconded the motion. The motion passed unanimous. Minutes: Commissioner Kuhlman moved to approve the minutes ofMay 25, 2022 as presented. Commissioner Kuhlman seconded the motion. The motion passed unanimously Public Health Director Becky Joyce and P.I.O. DeAnne Gallegos provided the Commissioners with a COVID 19 update. Director Joyce also informed the Commissioners that San Juan Basin Health had reached an agreement with the state to provide restaurant health inspections. Director Joyce had requested that the state continue the inspections. It was suggested that San Juan Basin Health be put on the agenda of a future commissioner's S meeting. Social Service Director Martha Johnson was present to provide the Commissioners with an update. The Commissioners reviewed Social Services financials. Commissioner Kuhlman moved to approve Transmittal #4 in the amount of$ $7,985.07. Commissioner Fetchenhier seconded the motion. The motion passed unanimously. A Memorandum ofUnderstanding with the Colorado Department of Early Childhood was presented to the Commissioners for their review. Commissioner Kuhlman moved to approve the MOU with the Colorado Department of Early Childhood as presented. Commissioner Fetchenhier seconded the motion. The motion passed unanimously. Joe Jepson was present to discuss the need for a sign on CR 22a to prohibit motorize use where the road enters his property. He also objected to the lack ofenforcement concerning signage. He also noted that the minutes ofJune 24, 2020 had incorrectly stated that Mr. Jepson had requested slower speed limits. Upon review ofthe minutes of June 24, 2020 it states that the Commissioners had requested several actions to take place concerning county roads including lowering the speed limits. The Commissioners directed the administrator to inform the Road and Bridge Supervisor to post a sign on CR 22a to prohibit motorized traffic but allow non-motorized traffic where the road enters Mr. Jepson's property. The Commissioners also instructed the County Administrator to notify the Code Enforcement Officer to enforce the sign code. The Fire Authority submitted a request to allow them to use $9500 in funding from the Emergency Services Sales Tax previously authorized to provide the tiremen with a stipend for responding to a call to use it for payment to firefighters for completing training. It was the consensus ofthe Commissioners to allow this change. Having no further business, the meeting was adjourned at 9:55 A.M. Scott Fetchenhier. Chairman Ladonna L. Jaramillo, County Clerk SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY,JUNE: 24. 2020 AT 6:30 P.M Call to Order: The meeting was called lo order by Chairman Peter McKay Present were Commissioners Emest Kuhlman, Scott Fetchenhier, County Attomey Dennis Golbricht and Administrator William Tookey. The mceting wus held via Zoom video conferençing. Commissioner Fcichenhier moved to approve thc minulcs of. June 10, 2020 as submitted. Commissioncr Kuhiman seconded the motion, The notion passed unanimous. Public llcalth Direcior Becky Joyce, Emergeney Manager Jim Donovan and Public Information Officer DeAnne Gallegos were present t0 provide the Commissioners with an update en the COVID 19 emergency. Director. Joyce stated that the Face Mask Advisory was not working as well a hoped for and that a mandatory health order requiring the wearing of facc mask would be necessary to achieve greuter compliance Commissioner Fetchenbier moved on behalfof both the County Commissioners and the San Juan County Bourd ofl Hcalth that Public Heulth Director Joyce be directed to issue Public Health Order requiring the mandatory use of face masks. Commissioner McKay seconded the inotion. The motion passcd with Fetchenhier and McKay voling yes and Commissioner Kuhiman voting no. Emeryency Manager Jim Dunovan informed the Conimissioners that he waS working on a variance to allow for the Kendall Mountain. Run and the Silverton Alpine Marathon. The variance request would allow the meximun participants to increase from 175 lo 250. Chairman Kuhlmnan moved to authorize a letter of support for the variunce request and to auhorize letiers ofs support for future variance requests, Commissioner Felchenhier seconded the motion. The motion passed unanimous A public hcaring wos held to receive comment conceming Kevin Farmer, San Juan Cullivation LLC. CannaFarmer for an Annual License Renwwal for a Retail Marijuana Cultivation Facility. Upon completion of thc public hearing Commissioner Fetchenhier moved to approve the license renewal and to waive the license fee due to thc hardship of Covid 19. Commissioner Kuhlman seconded the motion The motion passed unanimous. A public hearing was held to rcccive comment conceming the mprovement permit application from Grizzly Peaks Sales and Distribulion LLC, for a Water Trealment Building at Cascade Village. Upon be completion of the public hearing Commissioner Felchenhier atoved lo opprove the improvement permit application fur sketch, preliminary and final with the cunditions as recominended by staff. Commissiouer Kuhlman scconded the motion. The motion pussed unanimous. David Singer and Loren Lew wcre present t0 provide the Commissioners with an updute 0E the Hospital Building Renovation. Loren nuted that uree routs were causing problems to the sewer line and that a treatment should be added to the drains twice a yeur. lerry Morns Was present update the Conmissioners on the CAC. ThecAG 1S sendiny a letter o theIPA expressing thcir concems that they, shoutd be invoived carlier in the planning provess le was the consensus ef the Commissioners w send a letter to the EPA expressing smilar concerns. There wias: alsn consensis of the Commissioners t send letter to the BLM expressing concems ofthe impnct gruzing shcep may have on remedialcd sites. Theummisiones discussed county roads. They instncted the County Administrator to natify the Roud Deparment toj place a harrier on CR 22A near the Jepson Property line and to post I sign the states no motorized traffic heyond this poini-non motorizeit allowed. Aiso. to remove the no OIIV sigi on CR 22A. They askeil that the boulders on CR 22 be moved to prevent dirt bikes from driving lhvough them. They also asked that the 35 mph signs he replaced with 20 mph signs le wIs aiso a consensus t0 not apply any dust control product at this time. A plat for the consolidation of MS 16993 Wild Cal Lode and MS 190181 llidden Treasure Lode wwias presented lo the Conmissioners for review. Commissioner Fetchenhier inoved to approved the consolidation of the wo chims as present on the plat. Commissiuner Kuhiman seçonded the motion. The mation passed unanimous. The proposed Amended Anvil Mountain Replul WAS presenied to the Commissioners. Commssioner Fetchenhier moved to approve the Anvil Mountain Amended Plut as presented. Commissioner Kuhiman seconded the motion. The motion passed unonimous. A propased Covit 19: Memorandum of Understanding with the Town of Silverton was presented to theCe ommissioners fior their consideration. Commissioner Fcichenhier moved to approve the MOU as submitted. Commissioner Kuhiman seconded the motion The tnotion) passed unanimous. lleving no further business, the meeting adjourned at 9:40 P.M 8 a E S I a 4 e R I a 2 I a b - a o - I - à e E a B D € a - a a a a 2 apovi tans luauoduloo aseaisy ABaus % N € 885 o a I de € A a e - 3 5 o C * E : E E E : 5 a 1 - E a U - - a à - 3 lB a - E : 5 - I a d- 5 5 - 5 E e a 2 - Inlu - a - E / n de R E 8 a - a E a - - a 2 N E S 9 e a 3 a E - N : : 3 DE e C De E i E de - - de DE a E a E E a 3 a 2 N E - I E 0 a - 3 - E - e 5 - a E - a od E E a - - e E - a A e & - 3 E a 3 4 a D6 I de - 8 - - K : E 3 E 6 a a I 5 E 3 a a € a 5 1 5 3 a D6 - A * a - 5 s - 1 3 - - E 3 4 4E de co a e 3 - a a - L E 3 C RESOLUTION 2022-05 A RESOLUTION OF THE SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS IMPLEMENTING AN IMMEDIATE STAGE TWO FIRE BAN WHEREAS, the Board ofCounty Commissioners of San Juan County is empowered under C.R.S. 30-11-107 (1) (e), to provide for the management oft the business and concerns of the County; and WHEREAS, pursuant to C.R.S. 30-15-401 (n.5), the Board of County Commissioners of San Juan County has the power to adopt an ordinance to ban open fires to a degree and in ar manner that is deemed necessary to reduce the danger of wildfires; and WHEREAS, the Board of County Commissioners of San Juan county has received competent evidence that there exists within the unincorporated areas of San Juan County a high danger of forest of grass fires; and WHEREAS, the criteria for a Stage II Fire Restriction is set forth in the 2021 Southwest Annual Operating Plan": and, WHEREAS, the Board of County Commissioners of San Juan County have received a request from the San Juan County Sheriff acting as the Fire Marshall to impose a county- wide fire ban; and WHEREAS, the enactment of this Resolution is necessary for the immediate preservation ofthe public health, safety and welfare. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY, COLORADO; 1. That a fire ban is necessary to reduce the danger of wildfires within all private land in the unincorporated areas of San Juan County. 2. That a fire ban prohibiting open burning within all private land in the unincorporated areas of San Juan County and within all land owned by San Juan County is hereby enacted. 3. That the fire ban is hereby proclaimed to be implemented on June 22, 2022 Stage II Fire Restrictions to prohibit the follow acts: I. Building, maintaining, attending an open flame, including campfire, stove fire, charcoal grills and barbeques, coal and wood burning stoves, open flame propane fire pits and devices using liquid fuel such as white gas or kerosene. Propane grills and stoves are allowed. II. Smoking. Except: Within in an enclosed vehicle, trailer. or building. III. Welding or operating acetylene or other torch with an open flame except within an enclosed building. IV. Using an explosive. This includes but is not limited to fuses or blasting caps, fireworks, rockets, exploding targets, and tracers or incendiary ammunition. V. Operating or using any internal combustions engine including but not limited chainsaws, generators, or OHVs, without a spark arresting device properly installed, maintained and in effective working order meeting USDA Forest service or SAE approval. VI. Operating a Chainsaw without an approved spark arresting device, a chemical pressurized fire extinguisher, and a round point shovel with an overall length of at least 35 inches readily available for use, or outside the restricted hours of 5 am to 1 pm. VII. Discharging a firearm, air rifle, or gas gun. VIII. Possessing or using a motor vehicle off established roads, motorized trails or established parking areas, except when parking in an area devoid of vegetation within 10 feet of the vehicle. 4. That the fire ban shall remain in effect until the following occurs: The Sheriff, acting as Fire Marshall, or the Fire Chiefs ofthe affected districts shall request in writing that the fire ban be removed from all or part of their various jurisdictions. READ. PASSED AND ADOPTED this 22nd day of. June, 2022 by the Board of Commissioners of San Juan County, Colorado. Attest: Scott Fetchenhier, Chair Ernest F. Kuhlman Ladonna L. Jaramillo Clerk and Recorder Austin Lashley USDA Forest Service U.S. DEPARTMENT OF AGRICULTURE San Juan National Forest wwisusdago/anlan) Forest Service News Release Media Contact: Scott Owen, / (970) 422-2671 scottowen@usdagor Stage 2 Fire Restrictions Effective June 15th San Juan National Forest and partners implement fire restrictions due to critical conditions Durango, Colo., June 14, 2022- - Based on recent wildfire activity and persistent severe fire weather conditions, the San. Juan National Forest (SJNF) willi implement forest-wide Stage 2 fire restrictions at 12:01 a.m.. June 15, per Forest Order SINF-2022-08, to reduce the risk of human-caused wildfires. Stage 1 fire restrictions went into effect on May 20, 2022. Forest managers use several criteria to determine when to implement restrictions, including current and predicted weather, fuel moisture, fire activity levels and available firefighting resources. Stage 2 fire restrictions prohibit the following activities on the SJNF: 1) Igniting, building, maintaining, attending or using a fire, including fires in developed recreation sites (campgrounds and picnic areas), charcoal grills and barbecues, coal and wood burning stoves, and sheepherder's: stoves. 36 CFR S 261.52(a). 2) Smoking, except within an enclosed vehicle, trailer, or building. 36 CFR S 261.52(c). 3) Blasting, welding, or operating acetylene or other torch with open flame. 36 CFR $ 261.52(). 4) Operating or using any internal combustion engine without an effective and properly installed USDA- or Society of Automotive Engineers (SAE)- approved spark arrestor. 36 CFR $ 261.520). 5) Operating a chainsaw without an effective and properly installed USDA- or SAE- approved spark arrestor, a chemical oressurized fire extinguisher (with a minimum of 8 OZ. capacity and rating of 2A) kept with the operator and a round point shovel with an overall length of at least 35 inches readily available for use. 36 CFR S 261.52(h). 6) Using an explosive. This includes but is not limited to fuses, blasting caps, fireworks, rockets, exploding targets, tracers, and incendiary ammunition. 36 CFR S 261.52(b). 7) Possessing or using a motor vehicle off established roads, motorized trails or established parking areas, except when parking in an area devoid of vegetation within 10 feet of the vehicle. 36 CFR 5 261.56. Visitors may use stoves, grilis and lanterns fueled by propane or other liquid petroleum gas (LPG) fuels that meet manufacturer's s safety specifications. If you plan to visit the forest, be sure to practice One Less Spark vehicle safety guidelines by securing chains, checking tire pressure and properly maintaining your brakes. Stage 2 fire restrictions are a proactive way to reduce the risk of human-caused wildfires, protect natural and cultural resources, and enhance public and firefighter safety. Forest visitors are asked to use extreme caution when fire restrictions are in place. Violations are punishable as a Class B misdemeanor by a fine of not more than $5,000 for individuals and $10,000 for organizations and/or by imprisonment for not more than six months. The fire restrictions are in place until Dec. 31, 2022, unless rescinded earlier. Federal, state and local officers and members of an organized rescue team or firefighting force are exempt from the closure order. Neighboring federal, state, and local fire managers have also entered fire restrictions. We work closely with our partners in fire prevention to reduce the risk of human-caused wildfires across the andscape. Visit the Rocky Mountain Area Coordination Center fire restrictions page and know before you go. Almost 90% of all wildfires on public lands are started by humans. It is every forest visitor's responsibility to recreate responsibly and follow best practices. To report a fire call 9-1-1. For information on current fire restrictions, conditions, and recreation opportunities on the San Juan National Forest, call (970) 247-4874, visit the forest website, or follow us on social media (Twitter and Facebook). -USDA- USDA is an equal opportunity provider, employer, and lender. ORDER NO. SJNF-2022-08 Stage 2 Fire Restrictions FOREST ORDER USDA FOREST SERVICE SAN JUAN NATIONAL FOREST STAGE 2 FIRE RESTRICTIONS Pursuant to 16 U.S.C. S 551 and 36 CFR S 261.50 (a) and (b), the following acts are prohibited on all National Forest System lands within the San Juan National Forest located within Archuleta, Conejos, Dolores, Hinsdale, La Plata, Mineral, Montezuma, Rio Grande, and San Juan Counties, State of Colorado, and on all roads and trails located with the Restricted Area as shown on the attached map incorporated into this Order as Exhibit A. The purpose of this Order is to protect public health, safety, and natural resources by preventing wildfires. PROHIBITIONS: The following acts are prohibited in the Restricted Area and on the Restricted Roads and Trails: 1) Igniting, building, maintaining, attending or using a fire, including fires in developed recreation sites (campgrounds and picnic areas), charcoal grills and oarbecues, coal and wood burning stoves, and sheepherder's stoves. 36 CFR S 261.52(a). 2) Smoking, except within an enclosed vehicle, trailer, or building. 36 CFR S 261.52(c). 3) Blasting, welding, or operating acetylene or other torch with open flame. 36 CFR S 261.52(i). 4) Operating or using any internal combustion engine without an effective and properly installed USDA- or Society of Automotive Engineers (SAE)- approved spark arrestor. 36 CFR S 261.52(). 5) Operating a chainsaw without an effective and properly installed USDA- or SAE- approved spark arrestor, a chemical pressurized fire extinguisher (with a minimum of 8 OZ. capacity and rating of 2A) kept with the operator and a round point shovel with an overall length ofat least 35 inches readily available for use. 36 CFR S 261.52(h). 6) Using an explosive. This includes but is not limited to fuses, blasting caps, fireworks, rockets, exploding targets, tracers, and incendiary ammunition. 36 CFR S 261.52(b). 7) Possessing or using a motor vehicle off established roads, motorized trails or established parking areas, except when parking in an area devoid of vegetation within 10 feet of the vehicle. 36 CFR S 261.56. Stage 2 Template 01/07/2021 1 EXEMPTIONS: Pursuant to 36 CFR S 261.50(e), the following persons are exempt from the prohibitions specified below: 1) Persons with the following authorizations are exempt from Prohibitions #1, #3, #4, #5, #6 and #7: (i) a valid Forest Service permit or contract specifically authorizing Prohibitions #1, #3, #4, #5, #6 and #7 in the Restricted Area or on the Restricted Roads and Trails in their physical possession and (i) a written exemption with an appropriate mitigation plan authorized in writing by the appropriate Forest Service official. 2) Any Federal, State or local officer or member of an organized rescue or firefighting force in the performance of an official duty is exempt from Prohibitions #1, #3, #4, #5, #6, and #7. 3) Persons using pressurized liquid or gas devices (stoves, grills or lanterns) with shut-off valves in an area at least three feet from any flammable materials are exempt from Prohibition #1. 4) Residents, owners or lessees within the Restricted Area, who are using a fire in a permanent dwelling with an effective and properly installed USDA- or SAE- approved spark arrestor, are exempt from Prohibition #1. Notice regarding Exemptions: The persons exempted above are on notice that they are responsible for conducting activities subject to these exemptions in a safe and prudent manner using extra preçautions and are electing to proceed at their own risk. An exemption does not absolve an individual or organization from liability or responsibility for damage, injury or loss to the United States for any fire started while undertaking the exempted activity. This Order supersedes, rescinds, and replaces Order #SJ-2022-06, issued the 20th day of May 2020 This Order will be in effect from 12:01 am on June 15, 2022, and will remain in force until December 31, 2022, or until rescinded, whichever event occurs first. Executed in Durango, Colorado this 15lh day of June 2022. DAVID NEELY Digitally signed by DAVIDI NEELY Date: 2022.06.1 14 09:1 14:38 -06'00' David Neely, Acting Forest Supervisor A violation of the prohibitions in this Order is punishable as a Class B misdemeanor by a fine of not more than $5,000 for an individual or $10,000 for an organization, or imprisonment for notmore than 6 months, or both. (16 U.S.C. S 551 and 18 U.S.C SS 3559 and 3571). Stage 2 Template 01/07/2021 2 NZV NLV NOV N6€ N8E N/E N9E NSE NVE NEE e A E W U a 5 N > dE S / E M - 5 3 3 à d S a E 5 a a U CN - & 5 3 a 2 NZT NLt NOt N6E N8E NZE N9E NSE NVE EE NEE NZE U.S. Department of the Interior a Bureau of Land Management Fire Prevention Order COS06-22-01 Stage 1 Fire Restrictions Gunnison Field Office Due to dry conditions and high fire danger, under authority of the Federal Land Policy and Management Act of 1976 (Title 43, United States Code, Section 1701, et. seq.) pursuant to Title 43, Code of Federal Regulations (CFR) 9212.2(a), the Bureau of Land Management Gunnison Field Office is implementing fire restrictions for all BLM-administered public lands within the boundaries of Gunnison, San Juan, and portions of Saguache and Hinsdale counties beginning June 15, 2022. Under Stage 1 Fire Restrictions the following acts are prohibited: Building, maintaining, attending or using a fire or campfire except within agency-provided fire grates at developed recreation sites. Devices using gas, jellied petroleum, or pressurized liquid fuel are permitted. Smoking, except in an enclosed vehicle or building, a developed recreation site, or while stopped in an area at least three feet in diameter that is barren or cleared of all flammable materials. Operating a chainsaw without a USDA or SAE approved spark arrester properly installed and working, a chemical fire extinguisher of not less than 8 ounces capacity by weight, and one round point shovel with an overall length of at least 36 inches. Using a welder, either arc or gas, or operating acetylene or other torch with open flame, except in cleared areas ofat least 10 feet in diameter with a chemical pressurized fire extinguisher of not less than 8 Ounces capacity. Using exploding targets. These fire restrictions are in addition to the year-round wildfire prevention restrictions on BLM- administered public lands in Colorado. These are: Leaving a fire unattended or unextinguished. Possession, discharge or use ofany fireworks. Discharge ofa firearm using incendiary or lracer ammunilion. Burn, ignite or cause to burn any tire. wire, magnesium, or any other hazardous or explosive material. Operate any off-road vehicle on public lands unless the vehicle is equipped with a properly installed spark arrester pursuant to 43 CFR 8343.1 (c). The following persons are exempt from this order: 1. Persons with a permit or letter of authorization specifically authorizing the prohibited act or omission. 2. Any Federal, State, or local officer or member of an organized rescue or firefighting force in the performance of an official duty. Executed in Gunnison, Colorado this 151h day of. June 2022. Digitallys signed by JGNI KAMINSKY Agency Administrator gna).(i Date: 2022.06.1 10 18:16:11- -0600" Violation of this Fire Prevention Order is punishable by a fine of not more than $100,000. or imprisonment of not more than 12 months, or both. (43 CFR 9212.4 and 18 U.S.C. 3571). Restitution for total suppression and damage costs incurred will be borne by the violator. U.S. Department of the Interior Bureau of Land Management Fire Prevention Order COS05-22-01 Stage 1 Fire Restrictions Uncompahgre Field Office Due to dry conditions and high fire danger, under authority of the Federal Land Policy and Management Act of 1976 (Title 43, United States Code, Section 1701, et. seq.) pursuant to Title 43, Code of Federal Regulations (CFR) 9212.2(a), the Bureau ofLand Management Uncompahgre Field Office, including the Gunnison Gorge and Dominguer-Escalante National Conservation Areas, is implementing fire restrictions for all BLM-administered public lands within the boundaries of Montrose, San Miguel, Ouray, Delta counties and a portion of Gunnison County beginning June 15, 2022. Under Stage 1 Fire Restrictions the following acts are prohibited: Building, maintaining, attending or using a fire or campfire except within agency-provided fire grates at developed recreation sites. Devices using gas.J jellied petroleum, or pressurized liquid fuel are permitted. Smoking, except in an enclosed vehicle or building, a developed recreation site, or while stopped in an area at least three feet in diameter that is barren or cleared of all flammable materials. Operating a chainsaw without a USDA or SAE approved spark arrester properly installed and working, a chemical fire extinguisher of not less than 8 ounces capacity by weight, and one round point shovel with an overall length of at least 36 inches. Using a welder, either arc or gas, or operating acetylene or other torch with open flame, except in cleared areas of at least 10 feet in diameter with a chemical pressurized fire extinguisher of not less than 8 ounces capacity. Using exploding targets. These fire restrictions are in addition to the year-round wildfire prevention restrictions on BLM- administered public lands in Colorado. These are: Leaving a fire unattended or unextinguished. Possession, discharge or use of any fireworks. Discharge of a firearm using incendiary or traçer ammunition. Burn, ignite or cause to burn any tire, wire, magnesium, or any other hazardous or explosive material. Operate any off-road vehicle on public lands unless the vehicle is equipped with a properly installed spark arrester pursuant to 43 CFR 8343.1 (c). The following persons are exempt from this order: 1. Persons with a permit or letter of authorization specifically authorizing the prohibited act or omission. 2. Any Federal, State, or local officer or member of an organized rescue or firefighting force in the performance of an official duty. Executed in Montrose, Colorado this 15th day of June 2022. Cigitally signed by SUZANNE SUZANNE COPPING COPFING Agency Administrator Date: 2022.C6.1 1309:15:11 06'C0 Violation of this Fire Prevention Order is punishable by a fine of not more than S100,000, or mprisonment of not more than 12 months, or both. (43 CFR 9212.4 and 18 U.S.C. 3571). Restitution for total suppression and damage costs incurred will be borne by the violator. U.S. Department of the Interior Bureau of Land Management News Release Gunnison & Uncompahgre Field Offices, Colorado FOR IMMEDIATE RELEASE: June 14, 2022 Contact: Deana Harms, Fire Mitigation, Education, Prevention Specialist, 970-403-5576 BLM implements Stage 1 Fire Restrictions in Gunnison and Uncompahgre Field Offices MONTROSE, Colo. - Stage 1 fire restrictions begin June 15 for all Bureau of Land Management (BLM) public lands administered by the Gunnison and Uncompahgre Field Offices within the boundaries of Delta, Gunnison, Montrose, Ouray, San Juan, San Miguel and portions ofl Hinsdale and Saguache counties, including Gunnison Gorge National Conservation Area, and the Uncompahgre Field Office side of Dominguez Escalante National Conservation Area. The restrictions align with local orders and guidelines to protect the public's safety during high fire danger. "The fire danger indices within the Southwest District are at very high to extreme, including high elevations" said acting Southwest District Fire Management Officer James Savage. "These restrictions are being put in place due to the persistent drought and weather conditions." Under Stage 1 Fire Restrictions: Campfires are only allowed within designated fire grates in developed campgrounds (i.e. a metal, in- ground containment structure fire pans and rock campfire rings are not acceptable) No fires of any type, including charcoal, outside of developed areas. No smoking except within an enclosed vehicle or building, a developed recreation site, or in a barren area free of vegetation No use of explosive materials, including explosive targets. No welding or operation of an acetylene or other similar torch with open flame except an area that has been cleared of vegetation. No operation of any internal combustion engine without a spark-arresting device properly installed and in working order. Stage 1 fire restrictions on these lands will become effective at 12:01 a.m., MDT,June 15th, 2022, and will be in place until further notice. Violation of federal fire restrictions is punishable by a fine of not more than $1,000 or imprisonment for not more than 12 months or both. In addition, those found responsible for starting wildfires will also face restitution costs of suppressing the fire. Fireworks are always prohibited on public lands. More information about fire prevention is available at: https: www blm.gov programs mublesuf-amu-fire Tembntonstaimulaliepeewn For West Slope Fire Information visit mpnenleputinemtaemw u.s. DEPABEWENt-aETRETERIOF BUREAU OF LAND MANAGEMENT COLORADO Gunnison Field Office 82) Twin Lakes Granite (133) 24 Paonia Crested Butte Hotchkiss Buena Vista Crawford Nathrop. 135), Almonti Pitkin 92) Ohio 291) Gunnison Garfield 347) Montrose 50 Maysville Poncha Springs STAGE 1 Bonanza City Fire Réstrictions Ridgway 62 550 149) Saguache Ouray, Lake City Telluride 285 N Creede W 110 Wagon Wheel Gap BLM Energy, Minerals & Remymgerert Map produced by Bureau of Land Management, Colorado BLM State WSA Uncompahgre Field Office, GIS Program Projection: UTM, Zone 13; Dalum: NAD 1983 BOR Local Gov't BLM Wilderness May 19, 2022 NPS Banknead-ones NPS Wilderness No warranty is made on the accuracy. reliability and completeness of these data fori individual Other Federal USFS FS Wilderness use or aggregate use with other data. Spatial Private data may not meel National Map Accuracy 25 Standards. This information may be updated withoul notification. Miles u.s. DEPAAEWENF-GRTRE-WTERIO R BUREAU OF LAND MANAGEMENT COLORADO Uricompahgre Field Offiçe Collbran 139 (330) 6 (340) Palisade Grand Junction 65 Whitewater 133) Cedaredge Paonial Orchard City Hotchkiss Delta Gateway Crawford 348) (92) /. Olâthe 141 50 (347) STAGE Montrose ( Bedrock FireRestrictions. 90 Nucla (97) - N Naturita Norwood Ridgway 62 (149) 550 PlacerVille 145 Lake City Telluride N W E 491 Dove Creek (110) S BLM- Energy, Minerals & Rénymaragerent Map produced by! Bureau of Land Management, Colorado BLM Private WSA Uncompahgrn Fiald Office, GIS Prngram Projection: UTM, Zone 13; Datum: NAD 1983 BOR State BLM' Wilderness May 19, 2022 NPS Local Gov't NPS Wilderness No warranty is made on the accuracy, reliability and completeness of these data for individual Other Federal USFS FS Wilderness use or aggregate use with other data. Spatial 0 data may not meet National Map Accuracy 25 Standards: This information may be updated without notification. Miles Stage 1 Fire Restrictions Campfires and Cooking Fires Prohibited: Building, maintaining, attending or using a fire, campfire or stove fire, including charcoal briquette fire. 006 Permitted: Gas equipment with shut-offs switch.or campfires and No Campfires No Charcoal charcoal only in developed No Fire Pans campgrounds with metal ring. - - Campfires & charcoal only in Gas camping equipment with developed campground metal rings shutoff switch can be used Smoking Prohibited: Smoking in grass, brush or timber areas. Permitted: Cleared areas at least 3 feet in diameter cleared of all flammable materials, in enclosed vehicles or buildings. Smoking in Smoking in area No smoking in enclosed vehicle 3 feet diameter grass, brush or or building clear of timber areas vegetation Prohibited on Public Lands Prohibited: Fireworks (incendiary devices), explosives or exploding targets (including No Fireworks No Explosives No Tracer No Sky Tannerite), and tracer or exploding Rounds Lanterns ammunition or sky lanterns targets always prohibited. Chainsaw and Welding Prohibited: Using a chainsaw Prohibited: Welding or operating without an approved spark arrester at torch in grass, brush or timber Permitted: Chainsaw must have areas. approved spark arrester, a 2A rated Permitted: Using welder or torch pressurized fire extinguisher at least 8 Read in a cleared area at least 10 feet in Read OZ capacity, and a round pointed chainsaw diameter and possess a 2A rated welder or shovel at least 36 inches available. permitted pressurized fire extinguisher at torch section least 8 OZ capacity. permitted section DOI BLM Pursuant to Title 43 CFR S 9212.4, violators maybe subject to penalties. Restitution for total fire suppression or damage costs incurred will be borne by the violator. 2022 TOWN OF SILVERTON-SAN JUAN COUNTY GOVERNMENTAL SERVICES AGREEMENT AMMENDMENT LETTER As of June 14th, 2022, the Town of Silverton and San Juan County will be responsible for their own planning costs. By April 15th, 2023, the Town and County will calculate the shared cost of planning services in 2022 to be split 50:50 from January 1:, 2022 to June 14th, 2022 and from June 14th, 2022 to December 314, 2022 the parties will be responsible for their own planning expenses. COUNTY OF SAN JUAN TOWN OF SILVERTON Scott Fetchenhier, Chairman Shane Fuhrman, Mayor Board of County Commissioners Town Board of Trustees ATTEST: ATTEST: County Clerk and Recorder Town Clerk SEAL SEAL COLORADO CDHS Department of Human Services MEMORANDUM OF UNDERSTANDING The State of Colorado Department of Human Services and the Board of County Commissioners or other elected governing body of San Juan County, Colorado. This Memorandum of Understanding (MOU) is made this 1- day of July, 2022 between the State of Colorado Department of Human Services (CDHS) and the Board of the County Commissioners or other elected governing body of San Juan County, Colorado (the "County"). CDHS is the sole state agency with the responsibility to administer or supervise the administration of the human services programs listed in CRS 26-1-201. The Colorado General Assembly enacted Senate Bill 97-120 in response to the passage of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" thereby adopting the Colorado Works Program ("Works Program") for the purposes of this MOU. CRS 26-2-715 requires CDHS, and the County to enter into an annual performance contract that explains the County's duties and responsibilities in implementing the Works Program. CDHS and the County understand and agree that the services and assistance outlined in this MOU are subject to available appropriations by the General Assembly, and the County. Neither party will be obligated to provide services or assistance if adequate appropriations have not been made. The following terms are agreed to by CDHS and the County: 1) MOU MEETS PERFORMANCE CONTRACT REQUIREMENT a) The parties agree that the provisions of this MOU constitute compliance with CRS 26-2- 715. 2) TERM a) The term ofthis MOU will be from July 1, 2022 through June 30, 2025, This MOU shall be reaffirmed annually through an amendment signed by both parties. 3) REQUIRED DUTTES OF THE COUNTY a) The County will administer and implement the Works Program using fair and objective criteria, and in compliance with federal law, State Statute, and applicable program policy in 9 CCR 2503-6 (Works Program). b) The County will not reduce the basic assistance grant administered according to CRS 26-2-709, except as otherwise outlined in 9 CCR 2503-6. c) The County will not restrict eligibility or the provisions of services, nor will it impose sanctions that are inconsistent with State Statute or Federal law and applicable program policy, including the process and sanctions outlined in 9 CCR 2503-6. COLORADO - COHS Department of Human Services d) For the term of this MOU, the County's negotiated Work Participation Rate (WPR) will be held accountable only to the adjusted WPR, after the caseload reduction credit is applied, with the elimination and removal of the Two-Parent rate. The County's agreement to meet the federally required participation rate is relevant to CDHS's anticipation that CDHS will, in turn, be able to meet any work participation rates imposed by the federal government. e) The parties acknowledge that the WPR is, as ofthe signing of this MOU, the only federally mandated performance goal identified specifically in CRS 26-2-712(4). The parties also acknowledge that in an effort to help individuals prepare for and enter the workforce, they are encouraged to adopt employment focused measures, as outlined under "OPTIONAL OUTCOME MEASURES" below. f) The County will maintain sufficient records, and will permit CDHS or its duly designated agents and/or representatives of the federal government, to inspect the records and make such records available to CDHS as specified in CRS 26-2-717 for the Colorado Works Program. The County must also continue to report to CDHS as currently required by CRS 26-2-716 and 717 for the Colorado Works Program and must report to CDHS as required by law. In addition, Counties or county departments that are covered entities, or contracting parties to a Business Associate Agreement, pursuant to the Health Insurance Portability & Accountability Act of 1996 (HIPAA), must comply with HIPAA, as required by law. g) As specified by rule and state statute, counties shall have flexibility in determining the approaches needed to achieve federal and State requirements. The County agrees to provide CDHS with its adopted policies and any updated written information when, or if, changes to these policies are made in these Programs. The County agrees to provide the information and policies specified in paragraph (h) herein, to CDHS for review and approval prior to adopting aforementioned policies. h) Outside of what is required by statute or rule, the parties agree that information and policies provided by the County to CDHS, as described in paragraph (g) herein, are for informational purposes and are provided to assist CDHS in meeting its responsibilities, with respect to the Colorado Works Programs. Nothing in this MOU gives CDHS the authority to require any County policies beyond what is required by statute or rule. The County acknowledges CDHS' s right to review, comment upon or request reasonable additional information or clarification of any County policies or records. Such requests will be made in writing and directed to the County Department ofHuman/Social Services Director. i) The County will utilize the technical assistance, training and reporting or tracking resources offered by CDHS in order to administer the Programs, including those that support the four purposes of Temporary Assistance to Needy Families (TANF) and will meet the WPR. j) The County will participate in formal expeditious vetting processes with CDHS to review, draft and recommend policies or rule changes that would have a positive impact on WPR and meet federal guidelines. k) In order to maximize the caseload reduction credit for the State, the County will actively identify and report third party Maintenance of Effort (MOE) contributions, in accordance with the timelines and guidelines established by CDHS. 4) OPTIONAL OUTCOME MEASURES a) Counties may submit a proposal as an attachment to this MOU, describing additional employment focused performance measures, specific to employment. Such proposals may be submitted either at the time of execution or at any time during the period ofthis MOU. The proposal is limited to issues COLORADO C CDHS Department of Human Services regarding the pursuit of programs, strategies, and associated evaluation plans that focus on improving employment outcomes and contribute to the evidence base for effective programs. In addition, terms and conditions will require either interim targets for each performance measure or a framework for how interim goals will be set after the baseline measures are established. The terms and conditions will establish a review process for programs, strategies and metrics designed to achieve optimal outcomes. b) Upon approval ofthe proposal by CDHS, the County or region will be subject to the performance measures, interim goals, and other conditions set forth in the MOU addendum, and negotiated WPR that consider employment focused outcome measures and anticipated statewide case-load credit reductions. 5) DUTIES OF CDHS a) In consultation with the Counties, CDHS will oversee the statewide implementation of the Works Program, and will develop standardized forms that streamline the application process, the delivery of services, and the tracking of participants. b) CDHS will monitor the County's provision of basic assistance grants and, if necessary, perform the duties outlined in CRS 26-2-712 (5). c) CDHS exercises oversight of and responsibility for the development, implementation, maintenance, and enhancement of the State Benefit System and its application relative to the Works Program. Because the State Benefit System is a system that utilizes decision tables run by a rules engine for determining eligibility and amount of benefits to the extent allowed by law, the County will not be sanctioned or required to follow a remediation plan for erroneous decisions made by the State Benefit System. Without limitation, this applies to erroneous eligibility decisions, erroneous determination of amount ofbenefits, erroneous decisions resulting in overpayments and subsequent claims, and erroneous decisions resulting in underpayments and subsequent supplemental payments of restorative benefits. (1) The State acknowledges that liability to third parties resulting from erroneous, inaccurate or inadequate State Benefits System notices to Works Program households, is properly the State's liability. CDHS will not take recovery action against the County for any claim, including a legal claim, that is defined in this paragraph as a State Benefit System caused error. This provision does not apply to any errors, claims or issues caused by the County'si inaccurate data entry in the system, the County's failure to follow clear, reasonable, and lawf ful instruction, or failure to follow program rules formally adopted by the State Board of Human Serviçes. This provision does apply to the State Benefit System training and data entry rules and/or any rules that are pari ofthe State Benefit System rule engine. d) CDHS will develop and provide training for Works Program staff, as required by CRS 26-2-712 (7). e) CDHS will hold Contracted Agencies with cooperative agreements with the State Department responsible for providing reception and placement services for refugees, accountable to its own WPR and must not include refugees receiving Contracted Agency's services in the County's calculation of the WPR. The Contracted Agency's S negotiated WPR will be held accountable only to the adjusted WPR after the case-load reduction credit is applied with the elimination and removal ofthe Two-Parent rate. f) CDHS will use valid data from the State Benefit System and other sources, as necessary, to accurately calculate the County's WPR. Prior to submitting its calculation to the federal govemment, CDHS will provide the County the individual data variables and supporting information used in the COLORADO - CORS Department of Human Services calculations, so that the County may review the data to ensure the accuracy, validity and proper calculation of the WPR. g) CDHS will provide technical assistance and available resources to the Counties to help Counties meet WPR and Payment Accuracy Goals. h) CDHS will provide ongoing techniçal assistance, training, and reporting for tracking resources to help the County administer the program, in support ofthe four purposes OfTANF and to meet WPR. i) CDHS will conduct formal expeditious collaborative processes with the County to review, draft and recommend policies or rule changes that would have a positive impact on work participation rate and meet federal guidelines. j) In order to maximize the caseload reduction credit for the State, CDHS agrees to actively identify and report third party Maintenance of Effort (MOE) contributions. k) The amount identified for a County's level of spending shall be identified annually in the Allocation Agency Letter as required in CRS 26-2-712. 6) JOINT STATE AND COUNTY DUTIES a) The State and Counties will work together in partnership to communicate performance expectations and results to jointly achieve federally required performance outcome measures related to the WPR. b) As needed, the State and Counties will convene meetings, workshops, focus groups, or other forums to share information, best process, or targeted strategies to achieve the spirit and intent of this MOU document and related federally required performance requirements. c) The State and the Counties will work together to ensure that the information entered and reported in the Colorado Benefits Management System is as accurate as possible. The State shall work to address any system issues in a timely manner, and Counties will enter accurate client and provider information in the systems. 7) REMEDIATION PLANS The County, in consultation with CDHS may develop a remediation plan if, during the term of this MOU, the County engages in any of the following actions: a) Spending, federal or state, Works Program funds in a manner disallowed by Federal or State law, which could include receipts or recoveries that are not reported; b) Failing to meet the WPR, after the caseload reduction credit is applied, as contained in this MOU and/or failing to meet the negotiated performance measures; c) Reducing the basic assistance grant, restricting eligibility or the provision of services, or imposing sanctions in a manner inconsistent with a federally compliant state law and state plan, and applicable program policy; 8) SANCTIONS a) Subject to the limitations set forth herein, ifCDHS subject to a federal sanction, and the County's remediation plan was insufficient, CDHS may impose sanctions on the County pursuant to this MOU only if during the term of this MOU, the County engages in any of the following actions: COLORADO COHS Department of Human Services 1. Failing to meet the WPR, after the caseload reduction credit is applied, as contained in this MOU and/or not meeting negotiated performance measures; 2. Reducing the basic assistance grant, restricting eligibility or the provision of services, or imposing sanctions in a manner inconsistent with a federally compliant state law and state plan and applicable program policy; b) A sanction should not be imposed on the County for failing to adhere to a state regulation that conflicts with federal law. c) The county will not be sanctioned or required to follow a remediation plan if: 1. the County can demonstrate by a preponderance ofe evidence that CDHS provided inaccurate guidance, training or data with regards to performance under this MOU; and, 2. that the County's reliance on this information is the proximate cause for the imposed sanctions. Ifthe County can only demonstrate that it is the proximate cause for part oft the sanction, the County will not be liable for that portion of the sanction. 9) PROCEDURES FOR IMPOSING REMEDIATION PLAN OR SANCTIONS a) The process for a sanction or remediation plan against the County by CDHS will be as follows: 1. CDHS will provide the County with written notice ofthe County's failure to meet the performance measures outlined in this MOU. This notification will include all associated documentation that supports CDHS's determination of the performance failure. Upon receiving such notice, the County has sixty (60) days to contest, explain, offer evidence ofr mitigating factors, and/or submit a remediation plan to correct the alleged performance problem. 2. Ifthe County's remediation plan does not rectify the performance problem, CDHS may determine the appropriate level of sanction. CDHS shall take into consideration as a mitigating factor any violation of a state regulation that exceeds or conflicts the requirements of the federal law. CDHS will provide the County one hundred eighty (180) days written notice oft the proposed sanction before imposing any sanction. This notification will include the rationale ofi imposing the sanction, as well as, all associated documentation, a calculation of the proposed sanction, and an indication of what constitutes a remedy or correction that will allow the County to avert the sanction, ifany remedy or correction is possible. Upon receiving such notice, the County has sixty (60) days to contest, explain or offer evidence of mitigating factors, sanctions are imposed. 3. Ifa sanction is imposed, the amount cannot be greater than that imposed by the federal government. IfCDHS has incurred a sanction due to the failure of more than one County to meet its obligations under the terms of this MOU, the County will only be sanctioned for its share of the sanction. b) CDHS will provide the County with all documents received from the federal government related to any proposed or imposed federal sanction within twenty (20) days of receipt, together with all CDHS documents related to the actions giving rise to that federal sanction, or that related to the sanction process. COLORADO - COMS Department of Human Services IfCDHS fails to provide the required documentation within the twenty (20) days, it may not hold the County liable for that sanction. 10) CIRCUMSTANCES FOR CDHS ASSUMING ADMINISTRATION a) Ifthe County continues to knowingly or consistently fail to meet its obligation specified in this MOU, CDHS may assume the County's administration and implementation of the Works Program. i) In that event, CDHS will provide the County ninety (90) days written notice before assuming these duties. Upon receipt of such notice, the County shall have the opportunity to contest, explain, offer evidence of mitigating factors, or to correct the failure before assuming the duties. b) Ift the County continues to consistently fail to meet its obligation specified in this MOU, the County at its sole discretion, may ask CDHS to assume the County's administration and implementation oft the Works Program. CDHS is under no obligation to accept or assume the administration ofthe Works Program. i) IfCDHS assumes the County's administration and implementation of the WorksProgram, it may retain the unused portion of the allocation that was provided to the County, as part of the County's block grant for its administration and implementation ofthe Program, in accordance with the formulas described in CRS 26-2-714 for the Colorado Works Program. CDHS will, in consultation and in conjunction with the County, develop or modify automated systems to meet the reporting requirements of CRS 26-2-717 for the Colorado Works Program 11) DISCRETIONARY MATTERS The parties agree that all portions of Part 7 or Article 2 of Title 26, C.R.S. for the Colorado Works Program grant discretion to either party regarding the administration of the Works in the County, will not be affected by the execution oft this MOU except as explicitly stated herein. 12) SEVERABILITY To the extent that this MOU is executed, and the performance of the obligations of the parties may be accomplished within the intent of the MOU, the terms oft the MOU are severable. Thus, should any term or provision herein be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision herein. The waiver of any break of term, herein shall not be construed as a waiver of any other term, or of the same term upon subsequent breach. 13) INTEGRATION OF UNDERSTANDING This MOU is intended as the complete integration oft the understanding between the parties concerning the matters negotiated between them and incorporated in this MOU. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect uniess embodied in a written amendment executed by the parties. The parties recognize the nature of the relationship between the County and State. This relationship is governed more broadly by pertinent provisions of the Colorado Constitution and of State statutes and rules, and for Colorado Works includes, lawful rules promulgated by the State Board of Human Services. COLORADO ( CONS Department of Human Services The parties further recognize that this MOU is not intended to supersede or change the relationship between the County and the State as established by any legal authority. 14) NO THIRD-PARTY BENEFICIARY This MOU is binding on CDHS and the County as well as their respective successors and assigns. It is agreed that the enforcement ofthe terms and conditions of the MOU are reserved for CDHS and the County, to the extent permitted by law. Nothing contained in this MOU allows a claim or right of action by a third party. Any third-party receiving services or benefits under the provisions of this MOU: is deemed an incidental beneficiary. 15) DISPUTE RESOLUTION a) Prior to the execution of this document, if CDHS or the County are unable to reach agreement concerning the inclusion of, or wording of, provisions of the MOU that apply to the Colorado Works Program, either CDHS or the County may refer the dispute to the State Board of Human Services for resolution pursuant to the provisions of CRS 26-2-715 (3). b) Subsequent to the execution oft this document, CDHS and the Counties will work in good faith to resolve a dispute arising from any provision of this executed MOU as applied to the Colorado Works program. Ifthe parties are unable to resolve such dispute, any of the following non-binding mediation options are available by agreement oft the parties; i) Mediation by the Governor or a third party of the Governor's choosing. Such review must be initiated by notice provided to the Governor and other party, by certified mail. Decision by the Governor, or his appointed third-party, in non-binding. ii) Mediation by a dispute resolution panel, to consist of one County designated member, one CDHS designated member, and one member selected by the other two panelists. Each party must pay for its own costs and attorey fees and must share equally in any fees paid to panel members. The panel' s decision shall be made by a majority vote ofi its members and is non-binding. iii) Mediation by the State Board of Human Services. Ift the State Board is requested to mediate, the provisions of CRS 26-2-715 concerning time limits and final effect of the State Board's decision will not apply. The State Board ofl Human Services' decision is non-binding. c) None ofthese options will be a jurisdictional prerequisite to legal action by either party. DEPARTMENT DIRECTOR, MICHELLE BARNES STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES Executive Director or Designee COLORADO COWS Department of Human Services COUNTY OF SAN JUAN_ COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS Chair ATTEST: County Clerk to the Board Date: Bonita Peak Mining District Update June 2022 AE57 COLORADO United States SEPA Environmental Protection UAS Department ofF Public Agency Health 6 Environment tp/ww.EPA.ZoVbuperiund/bonita peak Announcements EPA has reached settlement agreements with the State of New Mexico and the Navajo Nation resolving the State and the Navajo Nation's legal claims against EPA and the United States associated with the Gold King Mine release, which occurred on August 5, 2015, in southwest Colorado. New Mexico ettlementagreement Navajo Nation settlement. agreement Temporary Staff Changes Al Basile will be filling in for Meg Broughton while on leave. Al is excited to be returning to Region 8 and Colorado after serving as the Team Lead for the Water Quality Section in EPA's New England Office. Prior to leaving Region 8 in August of last year, he served as the Region 8 Science Advisor. Alh has both undergraduate and graduate degrees in Fisheries Biolog/Management. He enjoys the outdoors and is very much looking forward to being settled again in Colorado. Site Updates Bandora Mine Al Basile The EPA has completed Interim Remedial Actions at the Bandora Mine pursuant to the 2019 IROD. While the majority of this work was completed in 2021, liner tie-ins and repairs to over-wintering features were finalized in early June 2022. Specifically, the liners at both the upper and lower ponds were tucked into the pond border. The perimeter of the ponds were covered with rock and the upper and lower spillways were armored. Tenry Tunnel The EPA mobilized to the Terry Tunnel to complete regrading after last year's portal opening and stabilization. Work is ongoing. The perimeter of the pond will be covered with rock to secure the liner, and the lower channel will also be lined with rocks. The slopes and upper areas around the portal structure will be armored with rock as well. no0r a The EPA will be mobilizing to the Mammoth Tunnel in late June to route the adit discharge Upper and Lower into the lower pond. Sediments in the closed upper pond will be stabilized on-site with quicklime. Ponds at Bandora Silver Wing Mine After EPA contractors finish work at the Mammoth Tunnel, they will mobilize to the Silver Wing Mine. Anticipated work to be completed in June includes improvements to the mine access road and dewatering of pond sediments. The remainder of actions will take place in July and include adit discharge rerouting, pond excavation, and pH stabilization of sediments on site. Drilling In 0U3 On June 7, EPA and their contractors visited Lake Emma to scout potential drilling locations for future wells in the Sunnyside workings. The team was accompanied by local members of the BPMD CAG with knowledge of the previous Sunnyside mining operations. They shared a wealth of historical knowledge and assisted in locating survey control points. The information gathered during the scouting trip will help refine the team's existing model of the workings as they continue planning for the upcoming drilling effort. EPA to pay NM, Navajo Nation $63 million for Gold King Mine spill BY THERESA DAVIS JOURNAL STAFF WRITER PUBLISHED: THURSDAY, JUNE 16TH, 2022 AT 12:06PM UPDATED: THURSDAY, JUNE 16TH, 2022 AT 10:35PM Water flows through ponds built to reduce heavy metal and chemical contaminants downstream from the Gold King Mine disaster on Aug. 14, 2015. The U.S. Environmental Protection Agency will pay $32 million to New Mexico and $31 million to the Navajo Nation for the spill that sent 3 million gallons of acid mine drainage into the San Juan and Animas rivers. (Brennan Linsley/Associated Press) Copyright O 2022 Albuquerque Journal Nearly seven years ago, federal contractors breached a tunnel at the abandoned Gold King Mine near Silverton, Colorado, sending 3 million gallons of acid mine drainage into the Animas and San Juan rivers. Now the U.S. Environmental Protection Agency will pay New Mexico and the Navajo Nation a combined $63 million for the 2015 Gold King Mine disaster, according to settlement agreements announced Thursday. During a news conference in Farmington, Gov. Michelle Lujan Grisham recalled the spill's disturbing yellow flow through our beautiful communities and rivers." Towns and farmers along the river scrambled to find alternative water after the disaster until testing declared the waterways safe. "We can't have these environmental accidents in our waterways, > Lujan Grisham said. "Every drop is precious. 39 The EPA will pay $32 million to New Mexico and $31 million to the Navajo Nation. The Gold King wastewater plume - with more than 500 tons ofk heavy metals, including arsenic, lead and copper - flowed through Colorado, New Mexico, Utah and the Navajo Nation. Federal and state agencies found that post-spill water quality met safety standards. But the stigma of contaminated water lingered. That had long-term impacts for local agriculture and outdoor recreation. Lynlaria Dickson, who farms in the Upper Fruitland Chapter of the Navajo Nation, remembers the chaos and confusion in the days after the spill. Hers was one of the first Navajo communities to be impacted by the plume. By the time residents received data showing the water was safe to use, "it was a little bit too late." Many communities had shut off irrigation canals. Crops died, and farmers lost everything. "Some do not farm to this day, > Dickson said. Former Navajo Nation Shiprock Chapter President Chili Yazzie looks at his garden in 2020. Some northwest New Mexico farmers still have concerns about water quality after the Gold King Mine spill. (Anthony ackson/Albuquerque Journal) advertisement For Navajo farmers, the impact was a severe economic and cultural blow. The confluence of the San Juan and Animas rivers has long been a hub for growing alfalfa, corn, melons and squash. Indigenous farmers revere the river as a life-giving entity. "We sacrificed SO much during that time, > Dickson said. "Nobody would buy our crops that did survive. I always find myself preparing for the worst ifit should ever come again." Lujan Grisham said the river "has largely healed" since the spill. She credited communities and agencies for testing water and keeping residents informed. "What hasn't happened is creating a holistic investment in the community, 3 Lujan Grisham said. The $32 million EPA settlement for New Mexico will fund aquatic habitat projects, cropland rehabilitation and long-term water quality monitoring. The money is also aimed at addressing economic impacts on regional outdoor recreation and tourism. Attorney General Hector Balderas said his office wasn't afraid to get into a fistfight" with the federal government to secure money and accountability for northwest New Mexico communities. The state first filed a lawsuit in 2016. "This was as much about justice as it was about science, > Balderas said. After the Gold King incident, images of the river filled with yellow and orange sludge were international news. But the region has a long history of mining and heavy metal pollution. Many mines were abandoned long before environmental regulations came into play. Governments are left to clean up the hazardous waste. Most heavy metals from the Gold King plume settled at the bottom ofl Utah's Lake Powell. The EPA has spent more than $150 million on cleanup at the Bonita Peak Mining District Superfund Site. A water treatment plant at the site treats acid mine drainage from Gold King. EPA Deputy Administrator Janet McCabe joined state officials in Farmington for the announcement. New Mexico will meet with the EPA annually for the next three years to discuss the Superfund work as part of the settlement. "That's why we're here today, 3 McCabe said, "to mark this incredible progress in improving water quality in the Animas and San Juan rivers, and to reaffirm our commitment on behalf of the EPA to continuing our efforts to work with you to keep these waters safe and clean for your communities, for your health, for your economy, for your recreation, for everything that makes New Mexico what it is and makes it SO special to those of you who are lucky enough to live here." The $31 million EPA settlement for the Navajo Nation reflects the suffering" endured by tribal residents, said President Jonathan Nez. At least one Navajo community chose not to irrigate from the river for an entire season. Some farmers on the reservation are still hesitant to grow crops with river water. "The Gold King Mine blowout damaged entire communities and ecosystems in the Navajo Nation,' > Nez said in a statement. Legal claims for about 300 Navajo farmers are still pending. The Navajo Nation also has an ongoing lawsuit against the individual contractors that triggered the spill. Last year, New Mexico and the Navajo Nation received $21 million from a settlement with the Sunnyside Gold Corp. mining company. That money will fund new irrigation pumps, boat ramps on the river, a farmers market pavilion in Farmington and a soil health project for area farmers. Local and state leaders fought hard to get a settlement of this magnitude from the EPA, said New Mexico Environment Secretary Jim Kenney. "We don't want to sit on the money,' 23 he said. "As soon as the money comes in, we want to get it out to communities. That's our goal." Elome >> BOnews Seeker > EPA to pay NM, Navajo Nation $63 milllion for Gold King Mine spill Albuquerque Journal and its reporters are committed to telling the stories of our community. . Do you have a question you want someone to try to answer for you? Do you have a bright spot you want to share? We want to hear from you. Please email ountoygapoumalcon 6/17/22, 11:31 AM New Mexico reaches $32M settlement over Gold King Mine spill The Durango Herald News LoclNews Nation & Msorid New Mesico Education New Mexico reaches $32M settlement over Gold King Mine spill By SUSAM MONTOYA 3RYAN. Associated Press Thursday: Jun 16, 20221:40 Upcated Thursday, Jun 16, 2022 1:55 Water hoys through a series oiretention ponds Aug. 12. 2015. seti up aftec a spill atl the Goid King Mne near Silverton, (Brennan LinsleylAssociated: Press file) % ALBUQUERQUE New Mexico and the US. govermment have reached a $32 million settlement over a 2015 mine spill that polluted rivers in three western states. Similar environmental accidents will he intolerable in the lutureas the region grappies with shrinking water supplies amid drought and climate change, the governor said Thursday. "Every drop is precious. Gov. Michelle Lujan Grisham said durimg news conterence. Iwe don't have that water: we aren't growing our oWn tood." htps/ww.durangoheraldconlanidleshnew-mencoreaches-32m.sellementover-galding-minespl/am.campagnedalyneadinessaum.medium.. 1/4 6/17/22, 11:31 AM New Mexico reaches $32M settlement over Gold King Mine spill - The Durango Herald the San Juan and Animas rivers. Water utilities were forced to scramble and shut down intake valves while farmers stopped drawing from the rivers as the contaminants moved downstream. The New Mexico settlement marks just the latest reached over the past year. Colorado and the Navajo Nation also have inked ultimillunealarn yreements to settle claims and: sort out responsibility for continued cleanup at the Superfund site that was established after the spill, Under the New Mexico agreement. the federal government will make cash payments for response costs, environmental restoration and efforts to mitigate the negative perceptions about the area's rivers after the spill. Money also will go toward water quality monitoring and cleanup activities. Lujan Grisham called the settlement a turning point for communities in the region, "While the San Juan and Animas rivers have healed from the spill, it's time for communities like Farmington, Bloomfield and. Aztec to do the same," she said in a statement. saying the money is deserved in light ofthe federal government's role in the disaster. The state. also received $11 million in clamages from the mining companies, and the case against the federal contractors involved is pending. SPONSORED CONTENT - - This 7-Day Savings Challenge Is Going Viral By Making People Richer D à a a SY THE PENNY HOARDER Can you stick with this challenge for seven days? It's easier than you think.. On Aug. 5. 2015. Environmental Protection Agency contractors attempting cleanup work caused the release of the toxic wastewater. The plume eventually reached Lake Powell in Utahs Aithough the rivers are now safe tor rrigation and other uses. state: and local officials have said the: stigma associated with the event has had lasting effects on the region's economy. The Navajo Nation finalized a $31 million settlement with the federal yovernment this week. The tribe said thej plume had traveled through an estimated 200 miles of the San Juan River, which it considers sacred. Top Navajo officials traveled to the mine site and shared photos and video of the wastewater rushing downstream on social media. Navajo Nation President Jonathan Nez said the tribe had pledged. to hold accountable all those who caused Or contributed to the spill. He added that he was, gratetul the federal government acknowledged the devastation that it caused. While New Mexico and the Navajo Nation pursued separate lawsuits. the cases were consolidated and state officials said Thursday that remediation and restoration work will be coordinated. State officials said a restoration plan will be developed with public input. EACH UI ATINGI YouT DISAGREE TRUTH COND County's refusal to certify the vote hints Company tests high-altitude airship New Mexico governor concerned with at election chaos over New Mexico desert potential migrant influx Jun 15,2022 Jun in, 2023 Jun 15. 2022 tpslwwwdurangonerald. CC o / mdan-masomsdw.sns----MpwnmawwyaNnpesrsampnsa. a 2/4 6/14/22, 1:35 PM San Juan County Mail SJC remains in "HIGH" Community Level for Covid-19 positive case: Gmail Willy Tookey SJC remains in "HIGH" Community Level for Covid-19 positive cases 2r messages SJC CO Office of Emergency Managment pio@sanluanodoradous" Tue, Jun 14, 2022 at 1:05 PM Reply-To: plo@sanpancolorado.us To: anuancouny@ronternet PRESS RELEASE 6/14/22 SILVERTON/SAN JUAN COUNTY CONTINUES TO BE IN "HIGH" COMMUNITY LEVEL FOR POSITIVE COVID-19 CASES WITH 60+ CASES m1 T IN LAST 2 WEEKS Silverton, CO: San Juan County Public Health continues to see high levels of ail Covid-19 cases in Silverton during the third wave since the Pandemic began. San Juan County is considered HIGH using the CDC Community Level Scale to monitor the status of the county since last week. Free Covid Kits at the Miners Hospital are available while supplies last. They include "At Home" Covid Tests, sanitizing wipes, thermometers, tests and masks all available for free. Stop by and grab what your family needs to protect yourself from Covid in the main hallway. "We are aware of at least 60+ cases of COVID-19 in the past 2-3 weeks which coincides with the rest of our Region and the State during the third biggest wave since the Pandemic began. We are really encouraged by how many home tests people are doing themselves and how responsible they are by knowing to isolate to prevent more spread. Cases are ranging from mild to moderate and we're not aware of hospitalizations at this time. People' 's symptoms have been reported as flu-like starting often with a scratchy throat, nasal congestion, cough and fatigue. We have been busy testing Monday-Friday, 10-12pm at the Miner's Hospital, giving people resources for Anti-virals, Telehealth (for those who do not have a doctor and need antivirals), isolation instructions and just general encouragement and support. If you do test positive on a home test, please let us know for surveillance purposes and stay home and isolate for 5 days. Wear a mask for another 5 days if your symptoms have resolved or are resolving" says Becky Joyce, PH Director. When the County is in HIGH transmission, San Juan County Public Health Recommends: Wear a mask indoors in public Stay up to date with COVID-19 vaccines Gett tested if you have symptoms htps./lmai.google.comimallwork-taseaseb2lesvew-plsearcheallpermhid-lhead-PA3A17358381485155209614smpl-msg-a3A3A17356381488. 1/3 6/14/22, 9:30 AM San Juan County Mail First fatal ATV Rollover accident of summer season Gmail Willy Tookey samneanpancdendour First fatal ATV Rollover accident of summer season 2 messages SJC CO Office of Emergency Managment po@sanuancdorado.usy Mon, Jun 13, 2022 at 4:46 PM Reply-To: po@sanvancolorado.us To: administrator@sanyuancolorado.us PRESS RELEASE 6/13/22 FATAL ATV ROLLOVER ACCIDENT NEAR ANIMAS FORKS ON SUNDAY JUNE 12TH San Juan County CO: On Sunday June 12th an emergency call went out at 4:06 pm for an ATV rollover accident out County Road 2 near Animas Forks The passenger of the ATV who was wearing a helmet, a 23-year-old male from Colorado Springs was pronounced dead at the scene. The operator of the ATV sustained minor injuries. This is the first backcountry fatality of the summer season. ### Please direct all media inquiries to San Juan County Public Information Officer DeAnne Gallegos at (970) 403-9951 or pogsAnwancoloraas. us To sign up for the updates from the Office of Emergency Management and San Juan County Public Health, email copsaouarrobrato to get on the email list. Make sure to sign up for emergency alerts through Nixle for San Juan County. Text 81433 to 888-777. Thank you. DeAnne Gallegos Public Information Officer San Juan County Office of Emergency Management po@sanuancoloradous San Juan County Colorado Website https:llmail. google. commaluo7lkelaseae2eivewpiseard-alspemend-neasaA125S659AR14239l0amplmgp-A3A17355614594 1/2