Pond Boss Magazine
https://www.pondboss.com/images/userfiles/image/20130301193901_6_150by50orangewhyshouldsubscribejpeg.jpg
Advertisment
Newest Members
Shotgun01, Dan H, Stipker, LunkerHunt23, Jeanjules
18,451 Registered Users
Forum Statistics
Forums36
Topics40,901
Posts557,098
Members18,452
Most Online3,612
Jan 10th, 2023
Top Posters
esshup 28,415
ewest 21,475
Cecil Baird1 20,043
Bill Cody 15,110
Who's Online Now
11 members (H20fwler, nvcdl, esshup, Bing, Fishingadventure, Dylanfrely, Angler8689, Sunil, jpsdad, azteca, BillyE), 679 guests, and 233 robots.
Key: Admin, Global Mod, Mod
Previous Thread
Next Thread
Print Thread
Joined: Dec 2018
Posts: 5
DanaL Offline OP
OP Offline
Joined: Dec 2018
Posts: 5
On our property there is a dam that creates a pond in our backyard. The dam was vandalized and blew out in a hurricane. The Corp said since the dam was old and was created under a agricultural exemption, we could reconstruct it as is with no permit. We started moving some dirt, the Corp came to look at it, and immediately sent us an email telling us to stop because we had no erosion or silt protection. We stopped, and the next day had an unexpected and underestimated storm come through that washed out what fencing we did have.

Two days later, the Corp sent another email saying to acknowledge we had received the first email or she would involve the EPA and the DOJ. We were stunned. It feels like a huge over-reaction. We have made it clear we want to be in compliance and need to know what is expected.

How do we deal with this? What exactly is the role of the Corp in this? How do we get them to tell us how to do this right? And what are our rights?j

Thanks for any and all help with this.

Joined: May 2009
Posts: 5,714
Likes: 281
R
RAH Offline
Lunker
Offline
Lunker
R
Joined: May 2009
Posts: 5,714
Likes: 281
Might need to have a lawyer take a look at the documentation given to you indicating that they did not have jurisdiction (if that is what they said).

Joined: Oct 2018
Posts: 2,213
Likes: 514
S
Offline
S
Joined: Oct 2018
Posts: 2,213
Likes: 514
Beings it was originally an ag related structure, NRCS has the required protocol to meet CORP specs.
Should be a non-issue unless in a drainage of a tributary or navigable stream.

Joined: Sep 2014
Posts: 3,668
Likes: 57
T
Offline
T
Joined: Sep 2014
Posts: 3,668
Likes: 57
WOW! sounds like she is a leftover from the previous government administration. And I thought Trump was able to change a lot of this unless it is a navigable stream. Agree with RAH, might need to get an attorney involved based on the onsite inspection and your dealings with her.


Do not judge me by the politicians in my City, State or Federal Government.


Tracy
Joined: Mar 2005
Posts: 21,475
Likes: 264
E
Moderator
Hall of Fame 2014
Lunker
Offline
Moderator
Hall of Fame 2014
Lunker
E
Joined: Mar 2005
Posts: 21,475
Likes: 264
Maybe a threat to file suit against them by your attorney.
















Joined: Dec 2018
Posts: 884
Likes: 201
G
Offline
G
Joined: Dec 2018
Posts: 884
Likes: 201
Just my theory but what I gather from reading you statement I would guess this is more about potential erosion of soil that could possibly enter into a navigable stream due to erosion from your land disturbance, which would be in the jurisdiction of the EPA or the DNR, they are extremely sensitive, especially in some areas to runoff carrying soil and other contaminants into a stream.
As an excavating contractor I deal with such every week, Another local contractor received over 30 thousand in fines for failing silt retention devices allowing a minute amount of soil contamination in a minor creek, not even a navigable one.


All the really good ideas I've ever had came to me while I was milking a cow.
Joined: May 2009
Posts: 5,714
Likes: 281
R
RAH Offline
Lunker
Offline
Lunker
R
Joined: May 2009
Posts: 5,714
Likes: 281
But why is the Army Corp of Engineers involved?

Joined: Oct 2018
Posts: 2,213
Likes: 514
S
Offline
S
Joined: Oct 2018
Posts: 2,213
Likes: 514
Corps of Engineers have jurisdiction over federal waterways and tributaries of, only. There has to be something involving either of the above for them to have jurisdiction.

Joined: Dec 2018
Posts: 884
Likes: 201
G
Offline
G
Joined: Dec 2018
Posts: 884
Likes: 201
I doubt that they have jurisdiction, hence the threat of calling in the DNR and others, they seldom threaten to call in somebody with more administrative power then they do, which leads me to believe they know they don't have that much.


All the really good ideas I've ever had came to me while I was milking a cow.
Joined: Oct 2018
Posts: 2,213
Likes: 514
S
Offline
S
Joined: Oct 2018
Posts: 2,213
Likes: 514
If they have nothing, a 404 permit is not required if no federal waterway or tributary is involved. In which case one can press on.. Corps are not usually an issue, I guess I don't understand who is controlling what, here. COE is our final say on Navigable or Federal.. we don't have anyone else other than KS dept of water resources that can step in, but their place is after permits (if required).
Different everywhere I guess.


Link Copied to Clipboard
Today's Birthdays
Bob Lusk, GaryK, GrizzFan, PhotographerDave
Recent Posts
Fungus infection on fish
by nvcdl - 03/28/24 06:07 PM
Can anyone ID these minnows?
by Dylanfrely - 03/28/24 05:43 PM
Working on a .5acre disaster, I mean pond.
by Sunil - 03/28/24 05:33 PM
Relative weight charts in Excel ? Calculations?
by jpsdad - 03/28/24 04:51 PM
1 year after stocking question
by esshup - 03/28/24 04:48 PM
Yellow Perch Spawn 2024
by H20fwler - 03/28/24 04:29 PM
Alum vs Bentonite/Lathanum for Phosphorus Removal?
by FishinRod - 03/28/24 04:23 PM
New 2 acre pond stocking plan
by LANGSTER - 03/28/24 03:49 PM
Happy Birthday Bob Lusk!!
by ewest - 03/28/24 03:37 PM
Paper-shell crayfish and Japanese snails
by esshup - 03/28/24 10:39 AM
Brooder Shiners and Fry, What to do??
by Freg - 03/28/24 09:42 AM
Dewatering bags seeded to form berms?
by Justin W - 03/28/24 08:19 AM
Newly Uploaded Images
Eagles Over The Pond Yesterday
Eagles Over The Pond Yesterday
by Tbar, December 10
Deer at Theo's 2023
Deer at Theo's 2023
by Theo Gallus, November 13
Minnow identification
Minnow identification
by Mike Troyer, October 6
Sharing the Food
Sharing the Food
by FishinRod, September 9
Nice BGxRES
Nice BGxRES
by Theo Gallus, July 28
Snake Identification
Snake Identification
by Rangersedge, July 12

� 2014 POND BOSS INC. all rights reserved USA and Worldwide

Powered by UBB.threads™ PHP Forum Software 7.7.5