2016-05-20_GENERAL DOCUMENTS - C1981035

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working with the BLM to expand the subsurface extent of King Coal II. Specifically, the BLM is conducting or anticipated to conduct National Environmental Protection Act (NEPA) reviews for the following three mine expansion activities: 1. A lease modification to allow for 955 additional subsurface acres (in process); 2. An exploration permit to allow for 24 test sites (in process); 3. A subsequent lease to extract coal from the exploration area, pending findings from the proposed exploration (future) Although the outcome of any NEPA review is by design uncertain, the U.S. Department of the Interior recently issued a coal lease moratorium on January 15, 2016. It is anticipated that the U.S. will pause federal coal leasing for at least three years to allow time for the BLM to consider comprehensive reforms to the federal program. Due to the uncertainty surrounding federal coal leasing and GCC's desire to continue existing operations, La Plata County's only choice is to exercise its independent land use authority without regard to GCC's attempts to expand the subsurface extent of the King Coal II mine. For this reasons, and as is discussed in the Access portion of Section IV above, the Planning Department does not support GCC's request to condition when and if GCC is required to complete subsequent road construction phases on uncertain federal action. VI. ISSUES AND STUDIES Primary issues with the proposal have included the safety of, directly impacted, north CR 120 for the traveling public; and impacts to neighbors/neighboring properties along the north CR 120 proposed haul route. General compatibility along the proposed route has been identified as a primary issue for further study/analysis relative to hauling trucks' impacts such as noise, dust, and privacy/visual impact to those properties along north CR 120. Additionally, concerns have been expressed by members of the public in the areas of groundwater quality and vibration from the mine operation. The content of each of these issues is addressed within the "Compatibility" section of this report. A number of data collection efforts and reports have been prepared related to compatibility, which are outlined here to provide background and a reference point for the issues discussed in the Compatibility section of this report. LPLUC Sec. 82-196 states "[a]n analysis of the proposed development may be required if.... the proposed development has the potential ofproducing unmitigated negative external effects including, but not limited to: endangerment of the safety of citizens, traffic, noise, vibration, odor, glare, dust, smoke and the pollution of ground or surface water, or any other negative external effect as necessary to determine compliance with any required standard. " Sec. 82-196 further states "[t]he staff, planning commission, joint planning commission, or board of county commissioners may request a special study during their review of the project if they determine that additional information is required to render a recommendation or decision. " In order to address a required compatibility assessment, and in anticipation for adequate analysis, the PC and BOCC may consider the provided baseline additional information within this report. Staff, in collaboration with other agencies, requested the applicant collect this baseline data relative to a number of measurable compatibility items. GCC's response of a Summary of Analytical Activities compiled by CDS Environmental Services (dated May 8, 2014) included the following data sets/reports and an Executive Summary of each (due to document size, these items are not included as attachments but summarized within this report). 1. Matheson Mining Consultants, Ground Motion Studies Report, January 8, 2013 (with additional data, later provided in Underground Miner Ground Motion Study Report, December 31, 2014) 2. Engineering Dynamics Incorporated, Noise Assessment, November 2013 Project No. 2012-0089 PC 4852-5627-2942, v. 3 Page 13 of 32 (DM, VS, DP)