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Businessman ordered to remove dike from Utah Lake

Release Date: 8/18/2000
Contact Information:
EPA (303) 312-6637,

Release Date: 8/18/2000
Contact Information:
EPA (303) 312-6362,

Release Date: 8/18/2000
Contact Information:
EPA (303) 312-7814

Denver -- The U.S. Environmental Protection Agency has ordered a Provo, UT businessman and his construction company to remove a Utah Lake dike which allegedly violates the Clean Water Act.

Richard W. Davis must immediately stop placing materials into Utah Lake without authorization, and must submit a removal and restoration plan to EPA within 30 days. EPA will review the removal and restoration plans – which are subject to EPA approval -- and oversee their implementation. Under the Clean Water Act, Mr. Davis could be fined up to $27,500 per day for each day of violation.

“EPA is taking this action to protect water quality, recreation opportunities and wildlife habitat in Utah Lake. EPA is particularly concerned because the dike threatens Native American cultural resources and an endangered species,” said Carol Rushin, EPA’s Enforcement Director in Denver.

The dike cuts off several hundred acres of Utah Lake, including wetlands, which provide habitat to many wildlife species, including the June sucker, a fish species protected under the Endangered Species Act. Furthermore, the dike is located in the area of a recorded prehistoric site used by Native Americans, which may be protected under the National Historic Preservation Act.

Water projects and other developments that impact wetlands and other regulated waters normally require a federal permit from the U.S. Army Corps of Engineers (Corps). The Corps did permit reconstruction of a preexisting dike in 1991, but Mr. Davis extended the dike beyond permitted conditions, using unsuitable materials including construction debris and other refuse. Throughout the construction process, Mr. Davis has violated permit conditions, ignored a Cease and Desist Order, refused to provide information regarding unauthorized work, and continued to place construction materials and refuse into Utah Lake. In conjunction with EPA’s action, the Corps has permanently revoked Mr. Davis’ original permit.

Property owners or contractors planning to do construction in or near wetlands and other waterbodies should always contact the nearest Corps regulatory office prior to starting work. For the Inter-mountain region, call Brooks Carter at 801/295-8380 to determine whether a permit is required.