Eastland, so I was correct. You have never applied for a 404 permit, and therefore you know nothing about it. You think you are exempt because you do some kind of farming, or ranching. But you do not know for a fact that you are exempt, and I'll put my money on that you would not be exempt, you would not have gotten a permit, and you would not have a pond if you had tried to get a permit, and that is exactly my point. You would be in the same place I am now if you had tried to get a permit. Just because you didn't does not make you right or me wrong.
Now don't get me wrong, I'd trade places with you in a heartbeat. I'd rather have a pond that a fight with the Corps. But I thought a permit would be easy, so I applied. Now they know who and where I am, and I am afraid to just build it anyway, like you did. The penalties are too tough.
I have 22 acres of timber pines and 20 acres of ornamental trees. ACoE says that does not qualify. I have suggested to the Corps that I would be getting cattle, but they need to actually see 25 head or more to even discuss an agricultural exemption. And the exemption would be to flood no more than 300 feet of creek. No exceptions. Less than 25 head can be watered with a trough, they say. How many cows do you have?
Bill, you are correct. The new rules went into effect in 2001 and there is legislation currently being worked on to make the rules even stricter.
Sunil, that is exactly what I am saying. Anyone who has built a pond on a strean since 2001 without a 404 permit has done so illegally. Period. If you and everyone else wants to say I'm wrong, so be it. I'm not pointing a finger or criticizing anyone. It's just a fact. I wish now that I had done what most of you all have done. If I had it to do over, I would just build it. But because I didn't, I feel it is appropriate for me to address this issue on this forum. Would you rather just be ignorant of what is going on? You could stick your head in the sand or plug your ears, but that won't make this go away.
Did you know that you cannot put a pipe in a creek for a road without a 404 permit? On your own property! If you did not know this, then you don't know the current rules.
I have taken many of the suggestions I have gotten. I have not written to my senator or congressman. My congressman is Cynthia McKinney. That probably means nothing to you, but if you knew her, you would understand. I do plan to call my state representative and go that direction. I guess the reason I haven't done this yet is that I just can't get it through my thick head that the government would actually call my creek "navigable" and prohibit me from doing anything with it. It's a tough idea to accept, and I suppose this is why many of you have trouble believing what I'm dealing with.
Oh, about the $10,000. I already spent it trying to get a permit. I'll probably spend that much more. With no guarantees.
Dennisinponca, I think you, and most everyone else here know that I never meant anything negative about this forum or Pondboss. Sunil didn't like my choice of words "short-sighted" and "supposed authority", but I have to stand by what I meant, even if you don't like my wording. It is short-sighted not to address this issue. If people are not allowed to build anymore ponds, who will buy Pondboss magazine? Yea, I know, people who either already have one, or people who build them without a permit.
And Pondboss is the supposed authority, aren't they? I personally suppose they are. I mean, they offer more information than anyone or anywhere else that I know of.
If I offended anyone, I appologize. I thought this forum was here to exchange all ideas and information concerning ponds. From MY perspective, this is a huge problem, and I came here to ask for help and ideas on how to deal with it. The ACoE is MY pond problem. I would rather have a problem with my fish not growing big enough. I wish I had geese. I would PAY to have turtles and snakes in my pond. I WANT WATER TURKEYS!
I appreciate all of the suggestions, but have not heard from anyone who has actually been through the 404 process successfully. That should get your attention, huh? Because I am up to my ears in ACoE and the 404 process, I probably know more about it than most. So I am sharing MY information with the forum. Is this not what the forum is here for?
I still want to hear from ONE person who has built a pond on a stream, and applied for and received approval on a 404 permit. Just one.
