Don't give up. The COE authority over small isolated waters is not what they like to tell people. The US Sup Court has told them that recently - twice. Also recently the US Sup Court in a unanimous decision corrected them (COE/EPA) on their power to enter cease and desist orders which are not appealed. On March 21, a unanimous Supreme Court ruled that courts can review EPA administrative orders under the Clean Water Act before EPA seeks to enforce them - the case is Sackett v. EPA . Two more Clean water act cases are up for hearing on appeal to the US Sup Court next term.
All this may be true but an Oregon man recently got 30 days in jail and a hefty fine for defying local authorities on a similar issue. Permitting may still be required and this can be a costly and time consuming process and there is no guarantee that the permits will be granted.
