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#200240 01/22/10 11:11 AM
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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

bman #200366 01/23/10 12:21 AM
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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.






Cecil Baird1 #200367 01/23/10 12:26 AM
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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.
Cecil Baird1 #200676 01/25/10 01:58 PM
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Yah! that is my dilemma. there is got to be a way to inforce him to fix that problem. Anybody have an idea?

Weissguy #200677 01/25/10 02:02 PM
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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?

bman #200686 01/25/10 04:22 PM
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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.

Brettski #200714 01/25/10 07:11 PM
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Was the pond a selling point of the house? If so, then you may have something that an attorney should be looking at.


www.hoosierpondpros.com


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3/4 to 1 1/4 ac pond LMB, SMB, PS, BG, RES, CC, YP, Bardello BG, (RBT & Blue Tilapia - seasonal).
Brettski #201406 01/28/10 12:35 PM
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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.

bman #201414 01/28/10 01:47 PM
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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.

Brettski #201523 01/29/10 06:29 AM
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How high is the dam? Here in PA any dam higher than 15' must be inspected yearly by the DEP Division of Dam Safety.



jsec #202011 02/01/10 02:20 PM
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jsec, I think its approx. 10-15 ft. I have not seen anybody check the dam yet.

bman #205219 02/22/10 08:27 AM
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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.

bman #205227 02/22/10 09:31 AM
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That's great news!


www.hoosierpondpros.com


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3/4 to 1 1/4 ac pond LMB, SMB, PS, BG, RES, CC, YP, Bardello BG, (RBT & Blue Tilapia - seasonal).

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