Was a Utah Supreme Court’s decision upheld? – Harper’s Quarry

In 2004, the Utah Supreme Court issued a ruling which determined the Salt Lake Planning Commission was in violation of its own zoning ordinances. This ruling should have prevented Harper’s, the operator of a limestone quarry in Parley’s Canyon from expanding its boundaries.

Back in 2000 Harper’s submitted an application to the Salt lake Planning Commission seeking to expand its operational activities. The Planning Commission approved the application for a conditional use permit, thus granting the expansion request. Save Our Canyons got involved in 2001, when we filed an appeal with the Board of Adjustments challenging the decision for expansion. The case made it all the way to the Utah Supreme Court.

Since the 2004 ruling Save Our Canyons (SOC) has been monitoring Harper’s. Based on observations, satellite images, and complaints, it appears evident that Harper’s is operating outside its permitted area, and has continued to expand its operations. Harper’s activity seems to be occurring with no oversight from the County. Salt Lake County seemed unaware of the situation until it was informed by SOC. So, who managed to drop the ball on enforcing a courts decision and preventing Harper’s expansion?

According to a conversation with Paul Baker from the Division of Oil, Gas & Mining (DOGM), Harper’s filed a Notice of Intention (NOI), which was approved by DOGM in December 2000, and serves as their permit. According to DOGM’s rules and regulations there is a provision which states their approval is not the only authority which Harpers needs in order to commence further operation. Approval of their NOI does not preclude the operator from filing for applicable permits, and complying with rules and regulations of other agencies which have jurisdictional authority over any aspect of a quarry operator. Salt Lake County governs the operation through the FR-20 zone and FCOZ ordinance.

Ann Ober with Mayor Corroon’s office mentioned she will make sure the County sends a surveyor up to the quarry to inspect the quarries boundaries. The surveyor will set out to determine if Harper’s is indeed operating outside of the permit boundaries. According to DOGM, the Notice of Intent they approved is for 56 acres. However, based on the courts ruling, Harper’s should only be operating on 11.5 acres. If Harper’s has mined outside the 11.5 acres, the County will have failed to comply with a Utah Supreme Court Ruling.

The spotlight is on the County and Save Our Canyons is waiting for the outcome of a surveyor’s report. We are very concerned with what has been occurring at Harper’s over the last 4 years; frustrated by a lack of enforcement and reluctance to monitor Harper’s operations. Extent of the damage is yet unknown, and what kind of reclamation would have to take place in order to restore the area. Hopefully the right entities will be held accountable for their actions.