Document library

In late 2018, groups opposing the Gross Reservoir Expansion Project filed suit against the U.S. Army Corps of Engineers and the U.S. Fish & Wildlife Service in opposition to the 404 Permit and Record of Decision that Denver Water received in July 2017. Denver Water intervened as a respondent and is defending the permit alongside the federal respondents. Below are the primary court filings in order of submittal.

• Petition for Review of Agency Action – Dec. 19, 2018
• Denver Water’s Unopposed MOTION to Intervene and to Extend Time to Answer Petition – Feb. 7, 2019
• DECLARATION of James Lochhead – Feb. 7, 2019 
• ORDER granting Denver water motion to intervene – Feb. 8, 2019 
• Supplemental Petition for Review of Agency Action – Aug. 13, 2020 
• Denver Water’s Memo in Support of Motion To Dismiss – Aug. 17, 2020
• Federal Defendants Memo in Support of Motion To Dismiss – Aug. 17, 2020
• Petitioners’ Response to Motion To Dismiss – Sept. 25, 2020 
• Denver Water’s Reply in Support of Motion To Dismiss – Oct. 23, 2020 
• Federal Defendants Reply on Motion To Dismiss – Oct. 23, 2020
• Petitioners’ Motion for Surreply – Oct. 30, 2020 
• Denver Water’s Opposition to Surreply – Nov. 4, 2020 
• Order Denying Surreply Redacted – Nov. 9, 2020 
• Dismissal Order – March 31, 2021

In July 2020 the Federal Energy Regulatory Commission issued an order to proceed with design and construction to expand Gross Reservoir in Boulder County. The order can be found below.

• FERC Order

Feb 2019: FERC published the Final Supplemental Environmental Assessment, including the Finding of No Significant Impact. 

Feb 2018: FERC published notice of availability of a Supplemental Environmental Assessment. Public comment will be accepted until April 9, 2018; instructions may be found here.

May 2017: We responded to public comments received by FERC during their 60-day comment period. Those responses can be found here.

April 2017: We provided FERC with details about our consultation with the U.S. Forest Service regarding changes to our Recreational Management Plan.

March 2017: We responded to FERC’s February 2017 request for more information with this letter.

February 2017: FERC notified Denver Water that the public comment period has started on our application to amend our hydropower license. They also wrote us a letter requesting more information.

November 2016: Denver Water filed our final license amendment application with the FERC. Multiple Documents and Volumes available here:

• Download from Dropbox

• Settlement Agreement – the overall master agreement describing the negotiations and resolution of issues.
• Appendix 1 – 4(e) Conditions related to operation and maintenance of the Gross Expansion Project – these conditions will be part of the amended Federal Energy Regulatory Commission (FERC) license.
• Appendix 2 – Off-license Agreement – commitments by Denver Water and USFS related to Denver Water’s past, existing and future operations on USFS lands.

In July 2017 the U.S. Army Corps of Engineers approved the Gross Reservoir Expansion Project by granting Denver Water its’ 404 permit and Record of Decision. The 404 permit and Record of Decision can be found below.

• 404 Permit
• Record of Decision

June 2016: The Colorado Department of Public Health and Environment issued the Section 401 Water Quality Certification for the Gross Reservoir Expansion Project that certifies – with the approved mitigation and enhancement measures – the project will create a “Net Environmental Benefit” on both the West and East slopes. This certification includes the following documents:

• System Certification Letter
• Appendix A – Analysis of Narrative Temperature Standard for SBC
• Appendix B – Guidance for VPPs
• Rationale for Conditional 401 Certification

December 2013: U.S. Fish and Wildlife issued its Biological Opinion on impacts of depletions of Denver Water’s entire system (not just the Gross Reservoir Expansion Project).

Handouts:

• Project Update
• Environmental Approach
• Fact Sheet

Posters:

• Tracking Community Concerns
• Permitting Process Timeline
• Approach to Water Supply Reliability

Presentation:

• Community Primer

• Presentation

Documents:

• Noise Vibration Analysis
• Map – Gross Reservoir Sound Vibration Monitors
• Map – Proposed Gross Reservoir Haul Route

During construction, the volume of construction traffic will vary day-to-day and month-to-month, depending on the type and number of construction activities taking place.

There may be delays caused by slow-moving construction vehicles on Gross Dam Road and Colorado 72. Other roads, such as Colorado 93, Colorado 128, U.S. 287, Arapahoe Road (U.S. 287 bypass to County Line Road) and County Line Road may be affected depending on the location of the construction materials needed to be transported to the site.

Denver Water is looking into alternatives for reducing construction traffic delays, including constructing and/or improving turnouts on Colorado 72 for slow-moving traffic.

To assure we fully understand the potential impacts, on Aug. 8, 2013, Denver Water conducted a test by using loaded trucks to gauge noise and safety issues using third-party experts who have conducted many similar studies. Learn more by viewing the videos at the following links:

Introduction

Study Overview

Passing Slow-Moving Vehicles

Intersection of Highway 72 and Gross Dam Road

Truck Noise

Dust

Conclusion

• Denver Water operates a hydroelectric power plant at Gross Reservoir under a Federal Energy Regulatory Commission (FERC) hydropower license. To expand the reservoir, Denver Water needs to amend its existing hydropower license. Denver Water is required to provide information on the proposed changes at Gross Reservoir to stakeholders (e.g., relocation of recreation facilities, changes in hydropower generation, etc.), before submitting a final application to the FERC.

Please note that the draft application is a large document and it may take a long time to download.

Draft FERC Hydropower License Amendment Application (29.34 MB)

Copies of the draft FERC hydropower license amendment application are also available for public review at:

• • Denver Water Administrative Building, 1600 West 12th Ave., Denver, 80204
  • Local libraries:
    • Grand County:
      • Fraser Valley Library, 421 Norgren Road, Fraser, Colo. 80442
      • Granby Library, 55 Zero St., Granby, Colo. 80446
      • Kremmling Library, 300 S. 8th St., Kremmling, Colo. 80459-1240
    • Denver County:
      • Central Library, 10 W. Fourteenth Ave. Parkway, Denver, 80204
    • Boulder County:
      • Main Library, 1001 Arapahoe Ave., Boulder, Colo. 80302
    • Jefferson County:
      • Arvada Library, 7525 W. 57th Ave., Arvada, Colo., 80002
      • Golden Library, 1019 10th St. Golden, Colo., 80401
    • Summit County:
      • Summit County Library South Branch, 504 Airport Road, Breckenridge, Colo., 80424
      • Summit County Library North Branch, 651 Center Circle, Silverthorne, Colo., 80498
  • Denver Water will provide an electronic copy on CD of the draft FERC hydropower license amendment application, if requested.

Click here to visit the Moffat EIS Page on the U.S. Army Corps of Engineers’ Website.

• Pre-application Document (PAD)
• Hydrology
• Final Borrow Haul Study Alternatives Analysis
• Attachment 11
• Attachment 21
• Attachment 31
• Attachment 41

• Truck Haul Study Letter – July 2013
• Test Quarry Letter – Aug 2013
• Test Quarry Postcard – Nov 2013
• Update on Test Quarry
• Neighbor Update – March 2014
• Geotechnical Exploration Notice
• Community Cookout Invite Postcard – June 2016
• FERC License Amendment Application Notification – November 2016

• May 1, 2008
• June 18, 2008
• July 21, 2008
• Nov. 7, 2008
• Nov. 25, 2016