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III. BACKGROUND <br />Introduction <br />GCC Energy currently operates within the County in violation of the adopted Code. This report includes <br />demonstration of the County's efforts toward assisting the applicant (as is typical within the processing of <br />outstanding violations) with becoming compliant according to the adopted Code; and with the goal of <br />obtaining a required Class I1 Land Use Permit. <br />Therefore, the County devoted considerable resources to help GCC with this complex project (evident within <br />its multi-year process) and has evaluated this petition for a Class II Land Use Permit, encompassing surface <br />and transport operations for the GCC Energy King II Coal Mine. The ultimate results of that evaluation are <br />further elaborated upon here, relative to the standards of the adopted La Plata County Land Use Code <br />(LPLUC). <br />La Plata CounU s Assistance toward Compliance with Adopted Code <br />A highly relied upon, flexible tool by the County during its efforts to assist the applicant into compliance with <br />the adopted code is a phased schedule of improvements. The schedule correlates with the applicant's initially <br />stated needs for operation; and provides for incremental installation of required improvements. These <br />primarily relate to roadway improvements and mitigation of adverse impacts, generally. Again, it focuses on <br />the applicant's initially stated needs/interests while recognizing the implementation of codified standards <br />(considered over a specified period of time). <br />The County drafted, and negotiated over the last six months with the applicant, a Road Improvement <br />Agreement (RIA) in order to clearly accomplish this. Several issues were resolved successfully during these <br />negotiations; however two significant issues remain outstanding. The outstanding items revolve around (1) <br />GCC's refusal to comply with the minimum, compatible truck traffic standards dictated by the adopted Code <br />and (2) the applicant's conviction to base its improvements to the County Road upon an unknown date <br />associated with a federal agency (Bureau of Land Management — BLM) application process. This uncertainty <br />Project No. 2012-0089 PC <br />4852-5627-2942, v. 3 <br />Page 2 of 32 <br />(DM, VS, DP) <br />