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<br />Peter Hack <br />Office of the Attorney General R 1525 Sherman St., 7th Floor <br />EC <br />u <br />Denver, CO 80203 MAR 2 7 2009 <br />Re: Carbon Junction Mine Area Development ATTORNEY. GEN Ekm <br />NATURAL RESOURCES ac , <br />ENVIRONMENT SECTION <br />Dear Mr. Hack: <br />This letter is to summarize the'process surrounding the residential development potential <br />within the area you have indicated is covered by the Carbon Junction Mining and <br />Reclamation Permit. Based upon the County's records, Oakridge,Energy subdivided <br />their property that is currently in unincorporated La. Plata County just east of Durango <br />into tracts'of more than 35 acres in size. This plat was recorded with the County Clerk's <br />Office (Recorded 01-08-08 at Reception # 970250) without any County <br />reviews/approvals because all the tracts created exceeded the 35-acre lot size minimum <br />that, by State Statute, are exempt from County subdivision review. <br />As a note of clarification, the letter dated November 25, 2008 from Tom Kaldenback of <br />the Division of Reclamation, Mining and Safety lists I 3.parcel numbers; however, as a <br />result of the manner in which the County Assessor's office assigns parcel numbers some <br />of those parcels are not actually separate tracts of record. Any parcel number that ends in <br />an "800" number means its actually not a separate.tract but is only a portion of a tract <br />split by a.taxing district. Therefore, the referenced 13 parcel numbers can be. tied to nine . <br />(9) legal tracts of record greater than 35 acres. The County could then issue a building <br />permit for one single-family residence on each of the 9 tracts. In checking the County <br />building permit records today, no single-family building permit applications have been <br />received by the County on the referenced parcels. <br />The process to commence residential construction on these parcels would begin with the <br />submittal of an application fora building permit. The County Planning Department and <br />County Building Department would each review the building permit application and site <br />plan. Building permit review would require outside agency sign offs from the Division <br />of Water Resources for a water well and San Juan Basin Health Department for a septic <br />system. Though not required as partof the.County's review for a building permit, since <br />access to these parcels may result in additional vehicle use of an existing private road <br />1060 1?'. 2ND AVE. • DURANGO, COLORADO • 81301