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Joined: Jul 2008
Posts: 172
Lunker
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Lunker
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Anyone familiar with a Lawyer that is knowledgeable on Missouri drainage, pond issues in the Kansas City area ? I want to get a legal take on this pond before making any decisions about filling it in. Steve
Last edited by SK63; 12/01/09 10:31 AM.
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Joined: Oct 2007
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Ambassador Field Correspondent  Lunker
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Ambassador Field Correspondent Lunker
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Steve,
You want to fill your backyard pond in???
12 ac pond in NW Missouri. 28' max depth at full pool. Fish Present: LMB, BG, RES, YP, CC, WB, HSB, WE, BCP, WCP, GSH.
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I'll be happy to check for you as I've got a couple of lawyer buddies in that area, though they handle criminal defense matters only. I oughtta be able to find a referral for you. Give me a little bit and I'll see what I can do. You may get another suggestion or two before I get back to you, but I think forum member TheMoMule is in Missouri and he's also an attorney.
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Joined: Jul 2008
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Lunker
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Steve,
You want to fill your backyard pond in??? Thinking about it, it's just too frustrating and I don't see getting this pond in any kind of respectable shape without, at least, a dredging. I don't have the bucks for that. Overall, it's just a money pit and a pain in the rear and the biggest factor, the pond is unusable ! I was able to fish maybe 3 times last summer, that's only when the wind would blow the duckweed to one side of the pond. Most of the summer I had 100% coverage of the stuff and if it wouldn't have been DW, it would have been FA.
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Are tilapia not an option for you, Steve? I had similar issues with my small pond this past summer and am going to give tilapia a shot next spring. Might be worth considering before you throw in the towel. Of course, if they aren't legal in MO, then you may be much more limited in your options.
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Are tilapia not an option for you, Steve? I had similar issues with my small pond this past summer and am going to give tilapia a shot next spring. Might be worth considering before you throw in the towel. Of course, if they aren't legal in MO, then you may be much more limited in your options. Unfortunately, they're not legal in MO
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Steve,
You're in Lee's Summit right? I'm in the North KC area. I'd be glad to take a look and try to help.
Have you tried pond dye?
12 ac pond in NW Missouri. 28' max depth at full pool. Fish Present: LMB, BG, RES, YP, CC, WB, HSB, WE, BCP, WCP, GSH.
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Lunker
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I'll be happy to check for you as I've got a couple of lawyer buddies in that area, though they handle criminal defense matters only. I oughtta be able to find a referral for you. Give me a little bit and I'll see what I can do. You may get another suggestion or two before I get back to you, but I think forum member TheMoMule is in Missouri and he's also an attorney. Thanks Todd, let me know if you find anything.
Last edited by SK63; 12/02/09 12:35 AM.
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Having seen SK63 pond situation, the biggest, insurmountable problem is the watershed. His inflow now comes from a large housing development that is heavily fertilized and can't be diverted. Inflow amounts from a moderate or large rain event is asstounding, probably 50,000gpm or more.
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Joined: Oct 2007
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Steve,
Your best bet would be to contact the DNR as they are the regulatory agency that would determine if Missouri clean water laws were being violated.
Kansas City Regional Office
500 NE Colbern Road
Lee's Summit, MO 64086-4710
816-622-7000
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Ambassador Field Correspondent Hall of Fame Lunker
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Ambassador Field Correspondent Hall of Fame Lunker
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I'll be happy to check for you as I've got a couple of lawyer buddies in that area, though they handle criminal defense matters only. I oughtta be able to find a referral for you. Give me a little bit and I'll see what I can do. You may get another suggestion or two before I get back to you, but I think forum member TheMoMule is in Missouri and he's also an attorney. Thanks Todd, let me know if you find anything. So I got this name from one of my friends who used to be in practice with this guy. Mike Keleher - 816-452-6030. If you decide to give him and call and see what he can do for you, please let him know that the referral came from Matt Guilfoil, who is my friend. There's no need to mention me as I don't know Mike. Good luck with your eventual decision, but like the others here, I agree that you need to try to find a way to save the pond and not fill it in!
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Moderator Hall of Fame 2014 Lunker
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I know a few lawyers that might be able to help in the KC area.
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Joined: Jul 2008
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Lunker
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Steve,
Your best bet would be to contact the DNR as they are the regulatory agency that would determine if Missouri clean water laws were being violated.
Kansas City Regional Office
500 NE Colbern Road
Lee's Summit, MO 64086-4710
816-622-7000
I spoke (email) with the DNR and explained the situation, they said it would be a civil matter between me and the developer of the subdivision and something they wouldn't get involved in. I'm guessing it would be difficult to find the developer as I'm sure they've long quit business. I've had DNR, MDC, State Representatives, City Engineer, etc, out here, nobody is interested or gives a flying...hence the reason for draining. however I spoke with the Corps of Engineers about a permit for breaching the dam, they said I didn't need one but I would be responsible for any silt, excessive runoff, wetland damage downstream. I was thinking, what about the people UPSTREAM from me, they've done it all !...what a crock. I made that point in my Email response to the Corps but naturally, never got anything back.
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Thanks Todd, I'll give him a call
Last edited by SK63; 12/02/09 09:51 PM.
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Ambassador Field Correspondent Hall of Fame Lunker
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No sweat, Steve. He's apparently a pretty well regarded property law attorney in that area, so I hope he's able to help. Good luck.
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Joined: Oct 2007
Posts: 13
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Lunker
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I feel your pain. I acutally work for MDC and have attempted to deal with situations like this in the past. It truely falls back on the developer and the DNR to enforce the clean water laws that have been inacted.
A couple of years ago I was dealing with a landowner that had a complete fish kill due to over application of poultry litter and couldn't get any responce either. Extremely frustrating to have that kind of investment destroyed with no easy way to be compensated.
I do know that about 10 years ago the biologist on the Reed Area (Lees Summit) was able to receive compensation for the devlopment that went in within the watershed so there is a legal precedent.
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Joined: Dec 2009
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Fingerling
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Fingerling
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Pretty well said..!!!
Shelly Smith..
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Last edited by ewest; 12/11/09 09:40 AM.
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Joined: Feb 2006
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Lunker
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Lunker
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To Dam or not to dam  That isn't even a question
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Joined: Jul 2008
Posts: 172
Lunker
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Are we letting spammers on the board now ?
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Moderator Hall of Fame 2014 Lunker
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Moderator Hall of Fame 2014 Lunker
Joined: Mar 2005
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Joined: Feb 2006
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Lunker
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Lunker
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cool, I wonder if she is single
To Dam or not to dam That isn't even a question
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