Laserfiche WebLink
C tSSZ © $,6 <br />st- -4 <br />A -tee .f ?jl?tilS ade of ?r <br />Kaldenbach, Tom I fIi5-1o <br />From: savageandsavage@earthlink.net <br />Sent: Monday, December 01, 2008 10:37 AM <br />To: Kaldenbach, Tom; Berry, David <br />Cc: PAUTSKY@aol.com <br />Subject: Carbon Junction Mine Reclamation Bond Release SL-04 <br />Tom, <br />In your letter of November 25, 2008 you requested any additional information regarding the <br />platting and zoning of the 35 acre residential parcels at the former Carbon Junction Mine. <br />I sent the following e-mail to Henry Austin and you on October 31, 2008 after our on-site <br />inspection. Henry acknowledged receiving it, but I did not get any response from you, so <br />I'm presuming it went awry in delivery. I contacted Parker Newby of Goff Engineering & <br />Surveying who provided the following information on the platting and zoning. <br />From: savageandsavage@earthlink.net <br />To: Henry Austin <haustin@osmre.gov> <br />Cc: tkalden@msn.com <br />Subject: 35 Acre parcels at Oakridge Energy Carbon Junction Mine <br />Date: Oct 31, 2008 11:52 AM <br />Henry, <br />I had a chance to talk with Parker Newby, one of the senior people at Goff Engineering & <br />Surveying in Durango Wednesday afternoon and he corrected my understanding regarding 35 <br />acre parcels. In the State of Colorado, a landowner can sub-divide his/her property into <br />35 acre (or greater) parcels and record them at the local county clerk and recorder's <br />office without any county approvals, under state law. Tom Kaldenbach is correct that the <br />county doesn't therefore review these actions, as State law trumps county codes or <br />regulations in this instance. Interestingly, Parker related to me that this 35 acre sub- <br />dividing ONLY applies to residential development, therefore if an owner wanted to do <br />anything with the 35 acres parcel, other than build a residential domicile on the <br />property, he/she would have to go through the county planning and zoning process to obtain <br />the correct and necessary approvals. Therefore, according to State of Colorado law, the <br />35 acre parcels on the Oakridge property are residential and must remain so, unless an <br />owner wishes to go through a county rezoning process. <br />For what its worth. <br />Cheers, <br />Mike Savage <br />It is therefore my understanding that: <br />1) No La Plata County action was required for the subdividing, platting, and recording and <br />2) The ONLY approved use for the parcels is residential, UNLESS the owner wishes to go <br />through a re-zoning process through La Plata County. <br />Therefore, under state law, the parcels are residential, and the Division should <br />acknowledge this fact and approve the bond release. <br />Mike Savage <br />1