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Show Citizens for a Responsible Central Utah Project Bojrd of Director* Horothy Harvey. co-chairperson ffe-d Reimherr. co-chairperson 3eth Duncan David freed Kzrl H?tdenreich r'e:er Hovingh Da«-d tittlefielrJ Dd.e McCormick r-j'bara Polich iamw T alley rUrft Wixom Supporting Organiration* • I rah Council. Trout Unlimited •Jfocfey Mountun Council of the Federation ot F!y Fishermen »L:ah Member Ciubs of the '^deration of F!y Fishermen »>:onefly Society of tne Wastach Salt lake City. Utah *0'der of the Royal Coachman Pleasant C.rovp Utah • •.. lah Audubon 1445 N. 10 St. Manitowoc, Wisconsin 54220 January 29, 1979 Cecil Andrus Secretary of interior Interior Bldg. C Street between 18th and 19th, N.W. Washington, D.C. 202*10 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. questions. Two statements made in this Permit raise 1. The Permit states: flows will be maint Duchesne River duri for the downstream Chairman of Citizen by the Bureau that will be allowed for Apparently whoever did not read what i re-do this Permit p "Approximately 8 cubic-feet-per-second* alned in the West Pork of the ng and after construction of the dam fishery". Dr. Fred Reimherr, Co-s for a Responsible CUP, was informed this is a mistake. No stream flows the West Fork of the Duchesne River, signed the Permit request in the Bureau t said. The Bureau now will have to rocess. 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 _ |
