I really don't know how to clearly explain our problem, so I'll throw out a bunch of information and hope that is mostly relevant:
We own some property in NC. Over half of our 5 acres is in an area that is considered a pond, but we don't own the whole pond area. The area was created years and years ago in a swampy section of a swale that feeds a creek that feeds the Cape Fear River. A long portion of one side is a man-made berm which partially washed out in Hurricane Floyd and was then more of a spillway. When we bought our lots 10 years ago, the 'spillway' was built up by the beavers that were living here and it kept the pond full of water.
There were all kinds of fish, turtles, birds, beavers, and plants in the pond. It was healthy, and people would fish it for small-mouth bass, warmouth bass, bowfin, and more. We had bald eagles, heron, osprey, egrets, kingfishers and more. My husband started maintaining the spillway area, especially after another hurricane washed it out even more. The old man who sold us the property and his son who inherited the sub-division were supportive of this, and they realized the value the pond added to the subdivision. All was well and good, until they both died within a year of each other, and...
We were gone in November last year, and someone came in with a backhoe and tore out the spillway. Then they came back 4 more times over the next month and moved rocks by hand to bring the level down more and more. We caught a picture of him using a trail cam, and don't recognize him. No one around we show the picture to knows who he is. We don't know why anyone wanted the pond gone as no one ever complained to us, and there are only 2 other properties that back up to the pond.
Looking for information, we called the guy who is handling the sale of lots in the subdivision who eventually put us in touch with the fiance of the daughter who now owns it. He say he does not know who tore down the spillway, he didn't tell anyone to do it, no one ever complained to him about the pond, and no we may not rebuild it on his land.
We contact the local Corp of Engineers to see if we can move the spillway onto our land - build it here so we can monitor it. We could build it back the way it was, but to move it would take a permit which will be costly and take months and months to process. But if we move it on to our land, do we need a permit? Why?
We desperately want the pond back. We can re-create it by filling in some of our land, but are we allowed to? If we put dirt in this area, if we divert the waterflow, if we impede the waterflow, will we be violating regulations? Whose regulations? What regulations? How do we find out if this area is under someones jurisdiction? If we are not governed by the Corp of Engineers at this point, who can tell us who to talk to? Who would come out to see what we were up to?
The big problem I guess is the fact we only own a certain percentage of the shoreline, which does not include the berm or spillway. But we do own a large part of the pond area.
I hope this makes enough sense to get help figuring out a course of action. I appreciate any advice and clarity of thought!
