La Plata County ended six years of negotiation Wednesday by approving a Class II land-use permit for the King II coal mine, although the unanimous vote may bring legal action from residents.
As an integral condition of the permit, mine owner GCC Energy has pledged $10 million for improvements to County Road 120, which is the gateway to the mine in Hesperus.
County planning staff members and the applicant agreed that GCC can operate 80 trucks daily until the first phase of improvements is complete in August, and the county has the discretion to detour some of those trucks to the road’s southern portion to lessen traffic.
King II will be able to increase traffic to 100 trucks daily as road improvements are made over the next five years, with a maximum operational limit of 120 when the road project is complete.
“I know the impacts are very real, and I really hope we are striking a balance between the company’s right to operate and residents’ right to peacefully enjoy their property,” Commissioner Gwen Lachelt said.
“The county made a grave mistake in 2006 when it told GCC it didn’t need a land-use permit. I hope we’re striking a path forward that will improve the safety of the road.”
King II’s neighbors, represented by attorneys Jeff Robbins and Luke Danielson, proposed a cap of 55 trucks maximum each day until road improvements are complete, based on a study conducted by LSC Transportation Consultant. Robbins said the proposal is to ensure his clients’ safety, but both the county and GCC agreed that the citizens group was not a party to the agreement.
“We appreciate the difficulty of the commissioners’ decision, and the county’s original mistake is why we’re here,” Danielson said after the vote. “We’re not happy with the outcome, but it’s premature to speculate whether our next step will be here or in court.”
GCC Energy opened King II in 2007 without a local permit, which was deemed unnecessary at the time because mine operations were considered to be under state and federal purview. When the county reversed that decision and decided in 2010 that GCC must obtain a commercial permit, it began an arduous process of defining terms, road maintenance responsibility and compatibility.
“We have to make decisions for all the people in the county,” Commissioner Brad Blake said. “I hope it’s taken into consideration that we have a viable business, and that’s what they want to do: Do business. At the same time, we want to make sure as many issues as possible are mitigated. I do feel like we have struck a good balance here, and the county has met its obligations.”
In addition to approving the permit on Wednesday, the commissioners unanimously approved the road-improvement agreement, with changes to strengthen enforcement.
If GCC fails to complete the first phase of improvements to County Road 120 by Aug. 19 for any reason beyond those out of the company’s control, the county can reduce the mine’s hauling activity to 55 trucks.
Commissioner Julie Westendorff pushed for enforcement measures in the permit, citing GCC’s track record with completing tasks on time throughout the process.
“There have been a lot of promises over the past several months, where things didn’t happen on the time frame that was said. That pattern makes me really nervous,” she said. “Without strong enforcement mechanisms, the permit means nothing.”
jpace@durangoherald.com
King II coal mine permit conditions
Here are conditions of the La Plata County land-use permit for the King II coal mine:
Safety and warning lights and speeding radar signs will be installed.
Groundwater will be monitored.
Road will be aligned as far south as possible.
No truck hauling on Sundays, specifically from 11:59 p.m. on Saturday until 12:01 a.m. on Monday.
Trucks must travel 10 mph below the speed limit.
Noise and dust mitigation.
Buffering fencing is available to residents who want it.
Mine pays 12 cents per ton of coal for road maintenance.
Expanding the mine will require permit modification.
