The earthwork happening along Kane Creek Boulevard does not violate Grand County’s land use code according to a March 1 determination letter.
Complaints had alleged violation of rules around mining, resource extraction.
The complaints had alleged that earthwork happening along Kane Creek Boulevard — moving large amounts of soil and other infill from mesa tops to Colorado River-adjacent lowlands, all of it private property — violated the county’s land use code as a form of mining or resource extraction in a zone that forbid such uses.
Developers do have two grading and excavation permits that enable them to place up to roughly 840,000 cubic yards of fill — sand, gravel and boulders — on 65 acres of land. Plus, within county code, the extraction of sand or gravel as a form of resource extraction not allowed in Highway Commercial is listed as a “principal” or “primary” use. But the Kane Creek earthwork is an “accessory” use, Black wrote, meaning it is allowed in conjunction with a principal use.
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