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Joined: Feb 2009
Posts: 17
Lunker
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Lunker
Joined: Feb 2009
Posts: 17 |
I need help! I live in a subdivision( Fortson GA.) where I share an approx. 4 acre pond with my neighbors. Last year spring time the dam eroded at the main spillway and lost atleast 2-3 feet of water level. I talked to the environmental resources as well as to the owner of the subdivision to no avail. How can I get help or have the owner/builder to move his butt to fix this problem.
Thanks Bernie
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Joined: Aug 2002
Posts: 20,043 Likes: 1
Hall of Fame Lunker
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Hall of Fame Lunker
Joined: Aug 2002
Posts: 20,043 Likes: 1 |
Hmmm... if the owner of the subdivision isn't interested in fixing it, it doesn't sound like there is much you can do.
If pigs could fly bacon would be harder to come by and there would be a lot of damaged trees.
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Joined: Oct 2007
Posts: 644
Ambassador Field Correspondent Lunker
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Ambassador Field Correspondent Lunker
Joined: Oct 2007
Posts: 644 |
Do you have a homeowners association? If so, does the HOA own the pond property?
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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Joined: Feb 2009
Posts: 17
Lunker
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OP
Lunker
Joined: Feb 2009
Posts: 17 |
Yah! that is my dilemma. there is got to be a way to inforce him to fix that problem. Anybody have an idea?
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Joined: Feb 2009
Posts: 17
Lunker
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OP
Lunker
Joined: Feb 2009
Posts: 17 |
We don't have an HOA and the builder actually owns the land where the dam is located. I don't know who to go to. Any idea?
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Joined: Oct 2005
Posts: 6,934 Likes: 2
Ambassador Field Correspondent Lunker
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Ambassador Field Correspondent Lunker
Joined: Oct 2005
Posts: 6,934 Likes: 2 |
Is the pond considered a retention pond or as flood control? If yes, the pond would have been a legal requirement by the county or township before the subdivision development was approved. Failure of the dam would violate the approval. Speaking of failure, you might contact your county NRCS office to discuss the potential of a dam failure. They would likely be interested in 4 acres of water suddenly rushing out during a heavy rain.
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Joined: Jan 2009
Posts: 28,654 Likes: 878
Moderator Ambassador Field Correspondent Lunker
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Moderator Ambassador Field Correspondent Lunker
Joined: Jan 2009
Posts: 28,654 Likes: 878 |
Was the pond a selling point of the house? If so, then you may have something that an attorney should be looking at.
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Joined: Feb 2009
Posts: 17
Lunker
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OP
Lunker
Joined: Feb 2009
Posts: 17 |
Brettski, I think it's both. I did contact the NCRS and they said they could not do anything since its own by the builder and all kind of excuses basically they don't want anything to do with it. I don't know who talk to or who would listen and look at the situation. My problem is if one those kids doing their four wheeling falls into that gap then it's too late. The gap is about 10 ft wide and probably 15 ft deep without exaggeration. I talk to another builder in my subdivision Dan Hodge and he talk to Mr Moon my builder but all he did was to put caution tape. I don't think he cares.
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Joined: Oct 2005
Posts: 6,934 Likes: 2
Ambassador Field Correspondent Lunker
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Ambassador Field Correspondent Lunker
Joined: Oct 2005
Posts: 6,934 Likes: 2 |
I think my next stop would be the county seat. I would backtrack to when the subdivision received approval and what part the retention pond played in the development. I imagine a member of the county board would be a good one to bend their ear about the potential violation of the development contract. Another thought would be the DNR...or...Army corps of engineers. Since the NRCS shows no interest in the issues, these guys would be the next steps.
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Joined: May 2004
Posts: 91
Lunker
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Lunker
Joined: May 2004
Posts: 91 |
How high is the dam? Here in PA any dam higher than 15' must be inspected yearly by the DEP Division of Dam Safety.
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Joined: Feb 2009
Posts: 17
Lunker
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OP
Lunker
Joined: Feb 2009
Posts: 17 |
jsec, I think its approx. 10-15 ft. I have not seen anybody check the dam yet.
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Joined: Feb 2009
Posts: 17
Lunker
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OP
Lunker
Joined: Feb 2009
Posts: 17 |
To all: Dan Hodges the owner of the land where the pond is located promised to fixed the broken dam next month (March) after his surgery. I wish the rain will stop so that my pond will clear up.
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Joined: Jan 2009
Posts: 28,654 Likes: 878
Moderator Ambassador Field Correspondent Lunker
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Moderator Ambassador Field Correspondent Lunker
Joined: Jan 2009
Posts: 28,654 Likes: 878 |
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Moderated by Bill Cody, Bruce Condello, catmandoo, Chris Steelman, Dave Davidson1, esshup, ewest, FireIsHot, Omaha, Sunil, teehjaeh57
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