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County postpones decision on King II coal mine permit

Day-long meeting includes public comment but no vote

An all-day meeting of La Plata County commissioners on Tuesday didn’t end in a vote on whether to approve a Class II land-use permit for the King II coal mine in Hesperus.

Instead, commissioners will convene early Wednesday in executive session to seek legal advice, and then plan to take a vote on the issue at a 12:30 p.m. meeting.

“The executive session was called because the commissioners have questions about their legal authority to condition our land-use permit on other, federal and state permits,” County Attorney Sheryl Rogers said.

King II has hit regulatory walls in recent months.

The uncertainty of the federal coal moratorium has threatened future coal production, and, more recently, an environmental group filed a complaint with a federal agency, challenging whether the mine has the proper approvals to increase production.

Starting at 9 a.m. Tuesday, commissioners heard testimony from county staff and the applicant, GCC Energy, which owns the mine. As in previous meetings with the La Plata County Planning Commission, which recommended its approval of the permit in April, both sides presented plans to address traffic control and compatibility with the mine’s neighbors.

A condition of the permit would require GCC to spend $10 million on improvements to County Road 120, where residents have protested truck traffic since the mine opened in 2007. GCC also would be responsible for maintaining the roads using a 12-cent-per-ton fee.

King II, which employs about 120, supplies coal primarily to the cement-production industry and also for several historic railroads including the Durango & Silverton Narrow Gauge.

When commissioners reconvene at 12:30 p.m. Wednesday, county planning staff members and GCC will have 10 minutes each to address proposed changes to the permit conditions.

The suggested changes were submitted Tuesday by Jeff Robbins, an attorney with Southwest Colorado Advocates, a group representing County Road 120 residents.

Robbins proposed King II be allowed to run 55 trucks per day, not 80 as county staff recommended, while GCC makes road improvements. He also proposed that the improvements should not abide by phasing timeframes, so that theoretically, the road improvements could be completed faster than planned.

Wednesday’s meeting will be held at the county Administration Building at 1101 East Second Ave.

jpace@durangoherald.com

Jun 30, 2016
County Road 120 improvements delayed
May 19, 2016
Increased production at King II coal mine prompts complaint
May 18, 2016
La Plata County officials tour King II coal mine site ahead of permit vote
Apr 13, 2016
La Plata County planners give green light to King II permit
Feb 13, 2016
Uncertain future for Hesperus-area coal mine


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