National Audubon Society

HEIST AVENTE, SALT LAKE CITY, UTAA 8-403

(32) 355-8140

Feb. 24, 1995

Bob Morgan

State Engineer

Division of Water Rights

Department of Natural Resources

1636 West North Temple, Suite 220

SLC, UT 84116-3156

Dear Mr. Morgan:

SUBJECT: Actions Requested Due to Inappropriate Dredging of Benjamin Slough-Stream Channel Aheration 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 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 all 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 incident is very disheartening to me.

Lask 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 youn
decisions regarding the three requests provided above.

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

Sincerely,

Wayne Martin

Wayna Martinson

Utah Wetlands Coordin.tor

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

Clydetytor CatBounty"?

MT. TIMPANOGOS AUDUBON SOCIETY

P.O. Box 1332
OREM, UTAH 84057

Jammary 24, 1994

Robert Morgan, Director
Division of Water Rights

Der-satment of Natural. Hasources

1435 Hast North Temple, Suite 220 Salt Lake City, Utah 84116-3156

Mr. Morgan:

Be: Stream Chamal Alteration Permit Number 93-53-01SA to anlarga and the Benjamin Slough Channel.

We write on behalf of the Mt. Timpanogos Audubon Society to ask that you consider your decision in granting Utah County's application to dredge Benjamin Slough. According to newspaper articles, the application was occasioned by the rising ground veter laval in the Benjarin and Lake Shore ms of Utah County.

mamination of the land will show that there are large, deap drains
north and south located in the area west of the town of Benjamin
et of Benjamin Slaugh. Are these drains being property maintained
they performing as they should to regulate ground water levels
Locations currently experiencing trouble? If not, it would base
the logical solution should be to bring existing drains to rall desk
stance beface considering any other action. The paruit itself (par.#
was doubt that the project will accomplish that is desired bacar
constraints of Utah Lake and the low elevation of the Sl

Omitral Utah Project Completion Act, Section 306, provides for & Utah Lake wetlands Preserve, and refers to a nap thích identifies areas in Bends Slough as being part of the Wetlands Preserve. Further, SBC. 201(p)(2) specifies vabér development projects vhich‚are not to be funded, and incimias “Braining of Benjamin Slough".

guments available in the office of the Utah County myineer do not
lands are intended to be improved by the desparing and straightening
Slough. The lends adjacent to Benjamin Slough are wetlands, an
identified on the nap referred to in the Central Utzil Completion
along the lands authorised for purchase by the CURCA. Congres
zed the appropriation of almost 17 million dollars for the acquisition
ints of laids for the Utah Lake Wetlands Preserve.

Central Utah Water Conservancy District has formed a team to make

endations concerning the Wetlands Preserve. Members of the team include Nalais from the Utah Division of Wildlife Resources. The team stated that puola in streams are essential as resting places for fish and for. Dradging and straightening Benjarin Slough will destroy the resting places and make the stream lass habitable for fish and far. Also, the team has stated that sinmosities will have to be put back in place where dredging has removed then,

If it is accepted that dredging is bad for fish and foil, then it is important to know who will be benefitted by the dredging and by how much. With all of the expertise available to the Department of Neimal Resources, the benefits wo be achieved ought to be quantified.

We believe that the proposed dredging will be destructive to the wetlands and the wildlife habitat that it provides. We respectfully request that you reconsider your decision to allow the enlargement and dredging, and withdraw the permit.