A multi-phase road improvement plan was a key stipulation of the La Plata County Planning Commission’s approval on Thursday of a Class II land-use permit for the King II coal mine in Hesperus.
The commission’s 4-1 recommendation is now forwarded to the La Plata County Board of Commissioners, which will make a final decision on the commercial permit at a future date.
Commissioner Lucy Baizel was the sole opposing vote, voicing doubt that the mine will comply with the county’s stipulations.
“What other Class II permit have we ever forwarded with this many conditions?” she said. “It seems like we’re letting GCC continue to say they’ll do stuff and don’t know that they will.”
In 2010, King II had been operating about three years as an extension of King I when the county decided the mine must apply for a commercial permit. GCC Energy submitted an application in 2012, and the process has dragged on with impact studies, public meetings and six planning commission hearings along the way.
At Thursday’s meeting, commissioners said they sympathized with residents on County Road 120, which accesses the mine, but were generally satisfied with the conditions of the permit.
“This is a difficult situation,” Commissioner Tom Gorton said. “In many ways, this is a historical and compatible use (of the road) by virtue of the fact the King I mine has been here 75-plus years. I feel personally there is a lot more clarity for the county in monitoring and having control over what happens there now.”
There are five phases of the road plan, and King II will be held to a limit of 80 trucks, or 160 trips, daily for the first two, which is a reduction from GCC’s proposed 100-truck maximum.
Improvements include reconstruction of a 90-degree angle in the road and are expected to be completed in about four years, at which time GCC can operate 120 trucks.
The company is prohibited from hauling on Sundays, and 80 percent of travel must occur between 6 a.m. and 10 p.m. Speed limits are set at 10 miles per hour.
“The question has been raised: Why not limit any increase in trucks?” senior county planner Dan Murray said. “The road improvement agreement is a significant commitment. It is reasonable to allow them to increase proportional to road improvements. This is an incentive-based schedule.”
Murray cited areas of concern with the plan, including the lack of detailed road designs, the issue of obtaining easements, and whether additional conditions must be placed on the permit to allow King II to dump rock at King I.
Carolynne White, an attorney representing GCC Energy, said the company concedes to all conditions, despite the uncertainty the federal coal moratorium imposes.
“As it stands with the executed road improvement agreement, there are firm dates that are enforceable by he county whether or not federal permits are granted,” White said. “That is a concession we have made. The federal moratorium, which was what made the process more uncertain and made us concerned, we still don’t know if those permits will be granted.”
GCC plans to install buffers for impacted neighbors who want them and will get started on paving the first mile of road this summer.
As in previous meetings, the public was divided between those arguing for road improvements and those who say the permitting process for King II is threatening jobs and economic stability.
Jeff Robbins is an attorney representing Southwest Colorado Advocates, which has rallied on behalf of County Road 120 residents for road improvements. He objected that the road agreement is not compatible given the current impacts to the road.
“We’re proposing 80 trucks now,” Robbins said. “A mile of the road will be paved this summer. That establishes that (the truck proposal) is not compatible until the road is done.”
Durango-Silverton Narrow Gauge Railroad owner Al Harper, who powers the train with King II coal, commended GCC for its “tenacity” while the coal industry faces uncertain times.
“I use 3,000 tons of coal every year,” he said. “It’s a complicated issue. I empathize with all residents, and also with the people affected throughout our county. It’s a risky time to be in (coal) business. In reality, we need this type of energy.
“Regardless what we do with wind, water and other alternative power, it will take a century to replace the kind of energy if people want to maintain the quality of life we have today. GCC has contributed to our community. I’d like to help them keep them here.”
