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Show citizens tor a Responsible Central Utah Project */t t: 1445 N. 10 Manitowoc, foard of Directori Dorothy Harvey, co-chairperson Fred Reimherr. co-chairperson Beth Duncan David Freed karl Heidenreich Peter Hovmgh David Littlefield Dave McCormick Barbara Poiich lames Talley Hartt Wixom Supporting Organizations • L:ah Council. Troul Unlimited • Sticky Mountian Council of the federation of Fry Fishermen • L MT\ Member Clubs of the federation of Fiy Fishermen •Sionefly Sociery of the Wastach Salt Lake City. Utah • Order of the Roval Coachman Pleasant C.rove Utah *!_ 'ah Audubon January St. Wisconsin 54220 29, 1979 Cecil Andrus Secretary of Interior Interior Bldg. C Street between 18th and 19th, N.W. Washington, D.C. 20240 Dear Secretary Andrus; Can you help clarify the following issues which have arisen in the CUP development? Enclosed is a copy of a Corps of Engineers 404 Permit "to place fill below the ordinary high water elevation of the West Fork of the Duchesne River, near the town of Duchesne, Utah, by the Bureau of Reclamation. This procedure is part of the Vat Dam Diversion of the Strawberry Collection System. Last spring the Bureau claimed exemption from the need for such a Permit. However, upon interpretation by EPA of Amendments to the Clean Water Act, it was determined that the Bureau did require a Permit. Two statements made in this Permit raise questions. The Permit states: "Approx flows will be maintained i Duchesne River during and for the downstream fishery Chairman of Citizens for a by the Bureau that this is will be allowed for the We Apparently whoever signed did not read what it said, re-do this Permit process. imately 8 cubic-feet-per-second* n the West Fork of the after construction of the dam 11. Dr. Fred Reimherr, Co- Responsible CUP, was informed a mistake. No stream flows st Fork of the Duchesne River, the Permit request in the Bureau The Bureau now will have to Is this only an issue of failure to coordinate plan and carry-through regulations or does this raise legal issues? Under State of Utah, Department of Social Services,Division of Health, Part II Standards of Quality for Waters of the State (Under Authority of 26-15-& 5 73-14-1 through 13 Utah Code Annotated 1953, as Amended) the West Fork of the Duchesne River has a non-degradation classification for Domestic Source (1C), Aquatic Wildlife (3A) and Agriculture (4). * U.S. Fish & Wildlife Service recommends 11 cfs to sustain a fishery |