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Commissioners approve Stone property grading with limits; add 'time is of the essence' to soil‑removal condition
Summary
The board approved limited‑impact special use for non‑foundational earthwork at 650 Long's Peak Drive with conditions that reduce disturbance near a ditch, require removal of imported, potentially Marshall Fire–impacted soils, and add a timing emphasis to the removal condition to address a homeowner’s concern.
Boulder County commissioners on April 1 conditionally approved LU‑25‑00002, a limited‑impact request by Robert and Diana Stone to perform approximately 2,136 cubic yards of non‑foundational earthwork at a parcel on Long’s Peak Drive. The approval includes conditions limiting grading near the Goodhue Ditch, requiring removal of imported soils that may be fire‑impacted, and standard erosion‑control and revegetation requirements.
Planning staff said the proposal originally showed disturbance in required ditch setbacks and a drainage easement; staff recommended revising plans to pull grading out of those setbacks and to remove stockpiled fill placed on the site without county review. Staff also flagged the potential health risk from soils imported from Marshall Fire‑affected properties and recommended removal and proper landfill disposal unless testing demonstrated they were safe. The owner, Robert Stone, told the board the fill had been placed by a contractor and had been on the lot longer than intended; he said prompt removal would be beneficial.
The commissioners discussed practical enforcement and timing; the board added the phrase “time is of the essence” to the condition requiring removal and proper disposal of imported soils to underscore urgency, while staff noted the condition is tied to permit milestones and final inspection requirements. The board approved the project with the revised conditions. Staff said the applicant must submit revised grading plans that avoid the ditch setbacks, remove the stockpile or document its proper disposal, and meet stormwater and erosion‑control standards prior to further grading activity.
