Isn’t it great to hike, jog, or ride the Mueller Park Trail; to enjoy the peace and beauty of this pristine basin? It is as great a location as one can find anywhere in the world. Each of its seasons is uniquely spectacular and even spiritual. With the advent of the fall colors, feelings are running high relative to recent developments here. Please see the photo gallery

     Since early spring, this pristine beauty has been eroding day by day, hour by hour. Over the past several months, helpless residents have observed the continuous excavation and seemingly irresponsible and uncontrollable destruction of heretofore Virgin Hillside, hundred of trees, and thousands of cubic yards of raw soil—the virtual unclothing of mother earth herself. This destruction is clearly visible from the freeway, while coming up 1800 South, from the subdivision encircling and leading into Mueller Park, and particularly from the Mueller Park Trail. What are these 26’ wide roadways, 18’ high cuts, displaced fill materials running 50’– 80’ down the hillside, ski-run type clearings over severe grades and pristine terrain? What in the world is going on?

     What kind of person would do this? Now silt and mud runoff fill some storm drain facilities each time it rains, residents’ lots have been flooded and encroached upon, good will and private property rights abused, heavy construction equipment operated from 7:00 am to 10:00 pm since the snows melted, banging hydro units, huge loads of rocks and being dumped and walls constructed, and adding insult to injury, a wall structure reminiscent of the San Diego Zoo installed. As hillside vegetation and trees are uprooted, husbands tell their sweet wives to “try and be good neighbors; turn the other cheek”, but folks are going to bed with sore cheeks and headaches – particularly on weekends and after hours. Those who hike and bike the Mueller Park Trail or drive the Mueller Park area, know exactly what I’m talking about.

     How did all of this happen? Where are City and County rules and restrictive covenants when we need them? Where are the environmentalists? Why would someone be so disrespectful of their neighbors’ rights to peace and the quiet enjoyment of private property? Here’s what some have observed:

- The fellow perpetrating these atrocities owns 160 acres outside Bountiful City limits, but adjacent to his lot in the Bountiful Ridges development.

- The perpetrator formerly owned a large lot on the Stone Ridge Subdivision and had attempted to access his adjacent acreage by building a road through Bountiful City’s watershed property and over the Forest Service’s property lower in Mueller Park. He also reportedly was trespassing over an adjacent neighbor’s property. Both the City and Forest Service successfully prosecuted him, the city still holding a permanent injunction against him case he ever starts excavating on lands over 30 degree grade again (it appears that his continued activities may have violated that injunction, but it is not clear whether the City has investigated or attempted to enforce their injunction).

- Stone Ridge Homeowners Association (HOA) took immediate and direct steps to stop the perpetrator there by impressing upon him their restrictive covenants prohibiting farm-type activities – which he purportedly wanted to engage in. They blocked his access with large rocks and sent him a bill to stop the reckless destruction. Now that the perpetrator has purchased a lot adjacent to his 160 acres on ‘The Ridges’ side, the aggressive pace of this unwarranted destruction has been increased without any known regard for environmental, visual, regulatory, or safety concerns, let alone common decency and regard toward his neighbors and Mueller Park recreationists.

- The Ridges HOA has not approved any of his plans, has advised him not to remove trees or exceed 30 degree grades, and has denied him permission to build a barn on his Lot A in the Ridges.

- Local neighbors have been told by County officials “there’s nothing that can be done as his work on the 160 acres is not restricted” since they have no foothill ordinance and he has not asked for a building permit.

     Now it devolves upon neighbors and citizens to do two things: First, to get the County off its duff and install a foothill ordinance similar to Bountiful’s (specifically requiring a permit prior to any foothill excavation, and prohibiting disturbance on grades over 30 degrees); and second, to get Bountiful City officials to investigate and enforce its excavation injunction if a violation has occurred. If we don’t act, this same thing will repeat itself all along the face of these Davis County upper foothills into the mountains. Ultimately, the public pays the price of this kind of activity, as it increases the likelihood for dangerous runoff and landslides, adversely affects water quality, destroys habitat and cover for dozens of native flora and fauna species, destroys native beauty, and ultimately makes South Davis County’s premier public recreation destination yet another place to observe the press of development instead of the beautiful boundary of Nature.

Please consider the following points:

1. No one has ever suggested depriving this person of any private property right or of access his 160 acres over his ‘Ridges’ lot. But his rights to access must be for private and personal use that is residential in nature (not for development of homes, as he’s told others, etc.) – a garden or horse path, for instance.

2. Why should good citizens and neighbors have to put up with this nonsense? The perpetrator is defiantly straight-arming the City, County, and the community, and we are all paying for it. As citizens, we all have to obey the same local rules and regulations. Indeed it is a function of government and law to establish – and if necessary – to enforce these laws for the benefit, health, and safety of all. Bountiful leadership needs to step up here and protect those being abused.

3. At a minimum the perpetrator should be REQUIRED to: a. Restore all disturbed lands over 30 Degree grade to their original condition and scope to include mature trees, shrubs and grasses as originally existed prior to their disturbance, allowing for a minimal pathway for foot/horse and ATV access, only if possible on under 30 degree grades. b. Restore all the trees, shrubs and vegetation removed improperly according to the applicable Maple Hills restrictive covenants. c. Gate and lock his private pathway d. Apologize to his neighbors now suffering from headaches, neurosis, and loss of real estate value due to their proximity to the Zoo. e. Teach his kids how to work ‘the old fashioned’ way rather than riding ATV’s and disrespecting neighbors’ property rights of quiet enjoyment. f. Donate to the handicapped kids (he continually uses as a ploy) the same dollar amount he’s dedicated to destruction of the foothills, so they will have a truly practical place to coalesce.

Thank you for taking the time to consider this issue. If you share in these concerns and want to help, add your contact information to our list of concerned citizens, or consider donating to our Friends of Mueller Park fund through PayPal.

Signed,

A Friend of Mueller Park