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93-53-01SA

January 11, 1995

If you have any questions or need further clarification, please feel free to contact Greg Mladenka at 538-7375.

Sincerely,

Robert L. Morgan, P.E.
State Engineer

RLM/gcm

pc:

Brooks Carter - Corps of Engineers

Bob Marley - EPA

Bob Freeman - U. S. Fish & Wildlife

Jim Dykman - State History

Carolyn Wright - State Planning

Jim Riley-Regional Engineer

John Fairchild - Regional Wildlife Habitat Manager
Bill Bradwisch - Aquatic Habitat Coordinator
Wayne Martinson - Audubon Society

Wayne C. Anderson - Adjacent Property Owne?
Tom Halladay - Adjacent Property Owner

SUBJECT: Actions Requested Due to Inappropriate Dredging of Benjamin Slough - Stream Channel Alteration No. 93-53-01SA

In a letter dated Dec. 21, 1993, I wrote a letter requesting denial of Stream Channel Alteration Permit No. 93-53-01SA, Benjamin Slough. On Jan. 25, 1994 I requested reconsideration of the permit. I was informed on Jan. 28, 1994 that the request for reconsideration was denied and on Jan. 11, 1995 | was informed that the permit had been extended to March 1, 1995, was dismayed that the dredging was permitted and extended.

But now the dismay has tumed to anger. The dredging recently occurred. But worse, I have been informed that it happened without the proper oversight and with the the fill material being placed into the wetlands. Let me ask-How could this happen? There has been substantial attention paid to this potential dredging. I do not believe that anyone could simply say the inappropriate dredging was due to benign neglect. This seems to be a gool beyond simple innocence. To me, this feels like willful negligence. Perhaps, I overstate the case. Certainly, I don't know all of the facts. Bui this inciderit is very disheartening to me.

four things:

1. Utah County be made to repair any damages to the wetlands and
that they be made to assure they dredged according to the permit
2. Utah County provide mitigation, and/or penalties for this violation.
3. That you not even accept or consider permits regarding dredging
or enlarging of Benjamin Slough in this area for a long time I would
suggest ten years. In my mind, this was a breech of confidence
that warrants such action.

4. That you provide a letter to me by April 1, 1995 to inform me of your
decisions regarding the three requests provided above.

I would be happy to talk to you further and work with the apropriate parties in order to bring some resolution to this problem.

Sincerely,

Wayne Martin

Wayna Martinson

Utah Wetlands Coordinator

Brooks Carter, Army Corps of Engineers

John Fairchild, Regional Wildlife Habitat Manager

Bob Freeman U.S. Fish & Wildlife

Drasus Maciunas, Army Crops of Engineers

Bob Marley, EPA Region 8

Greg Miadenka, Division of Water Rights

Clyde taylor białGodinty"?