SARATOGA SPRINGS -- An exasperated state official has closed the public marina on the northwest shore of Utah Lake because a developer has reportedly failed to come through on his promises -- promises the developer says he's planning to keep.
Mike Dortch, president of Saratoga Springs Development, agreed to build a new marina in deeper water farther south on the lake shore in return for receiving the right to keep the existing marina open only for residents in his development.He says he has nearly $100,000 in escrow and materials stockpiled for the new facility but cannot proceed without approval from the Army Corps of Engineers.
But Richard Buehler, Wasatch Front area manager for the state department of natural resources division over forestry, fire and state lands, said Dortch promised more than a year ago to provide a better replacement marina for the public if he could get that one-time right-of-entry permit to the marina located on state trust land adjacent to the old Saratoga Springs Resort.
That has not been done, he said.
In a meeting with Dortch in May 1998, Buehler outlined specific conditions that must be met before the permit for lease could be granted.
Those conditions included securing a pair of permits from the corps for the proposed new marina and for improvements at the old marina, submitting a development plan that would be approved by the division of forestry, fire and state lands and posting of a construction bond with a deadline for completion included.
According to a "cease and desist" order sent Oct. 5 by Utah Assistant Attorney General Stephen G. Boyden, Dortch has posted signs at the existing marina that deny access to the general public in favor of residents of the development without providing the new marina.
That order remains in effect, Buehler said Friday.
"In a nutshell, what's holding us up now is the Division of Fish and Game," Dortch said. "They've protested based on a concern for the June sucker, which could be endangered by our enhancement of the habitat for one of their natural predators, the walleye."
Buehler said actually the U.S. Fish and Wildlife division is investigating the possibility of endangerment but could easily have dealt with the matter months ago if Dortch had filed the application in a timely manner.
"It's at their choice that it's come to this point," Buehler said. "They went in, took adverse possession. They even stopped pedestrian fishing. The state has had to take the role of advocate for the public."
Buehler visited the site on Sept. 24 and discovered posting as well as tire rippers and fencing in place at the existing marina warning the public to stay out. Little or no progress could be found on developing a new marina.
Buehler said as of Oct. 5, no one can now use the boat dock without running the risk of being cited for trespassing. He reiterated that fact in a follow-up letter to the mayor Oct. 18.
"Unless the public is allowed to use the boat harbor and marina equally with Saratoga (Springs) residents, the existing harbor and marina will be closed to all use until the new marina is completed. This means that if the present marina is not open to the general public anyone using the marina for boat launching shall be cited for trespass. As of this date, the status of the marina has not changed and no other arrangements have been made," Buehler said.
Dortch said his attorney is working with the state to resolve the matter and he intends to go ahead with dredging work as if all is well. "We're all proceeding in good faith here," he said.
Buehler said until the public is allowed free access, it is not resolved and the marina is closed to everyone.
Dortch said it will remain closed until he can finish the improvements and install the boat docks. "Then we'll open it back up for limited public access," he said. "We don't want to make it entirely public or we'll invite access to our pool and other facilities. We don't want the camel's nose in the tent."
"The State has supported the concept of the new marina from its inception," said Buehler. "However, private use of the existing marina is contingent upon the completion of the new public marina."
If Dortch does not build the new marina and obtain the state lease, the division will take possession of the marina and any improvements Saratoga Springs Development has put in, Buehler said.