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#538644 08/11/21 07:57 AM
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Has anyone worked with the Corp of Engineers on digging ponds in areas designated as wetlands? Is it difficult to get permits to dig a pond? Seems like you are enhancing the areas wetland characteristics, but I know logic doesn't always hold when working with government agencies... I have an area that would be great for a pond, but I'm pretty sure they would classify it as wetland, and I don't want to get in trouble with the Feds, so just wondering where do I start to find out if it would even be possible? Thanks J

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I've worked with developers on various things but basically anythign involving corps of engineers takes *forever* but they are usually less unreasonable than people expect.

Start by talking to county ag extension, theyll point you in the right direction. Depending on size they may not care (i.e. if you dont need a permit)


Im going to ask a lot of questions, but only because I'm clueless


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COE can be real trouble - never trust what is said (in writing only). If you are serious go talk to a natural resources attorney before you deal with the COE.
















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Check with your local NRCS office first.

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Good idea on NRCS, I forgot they used to be plugged in on what is determined to be wetlands or not.... So hopefully they can help with the paperwork fun... Wonder if they are still helping with aquaculture type grants? If so maybe they would help to get a project pushed through... Thanks for the reminder... J

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So NRCS passed the buck to COE without even getting much for details... Of course the COE are teleworking so calls go directly to answering machines and who knows when calls will be returned... Oh well you said it would be slow... start the clock... Later J

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SkunkedAgain, I wish you would have listened to ewest when he said talk to a Natural Resources Attorney before contacting the COE. Now you are on their radar and from what I know about the COE, you WILL need an attorney to deal with them to avoid getting you know what in a wringer after the project is started. Ewest is an attorney, so when he says you should talk to one, you really, really should.

I can see the COE saying that they need site studies done, etc. before any work can be started if the area is deemed a wetland already, and that can run into huge dollars before a shovelful of dirt is moved.


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Yikes that sounds like I may have screwed up... But I haven't talked to anyone yet, do you think it's too late if I only left a message of contact me about a possible pond? Where do I find a Natural Resources Attorney in my area? Is a Google search going to get me a decent one? Thanks for the heads up, guess I assumed that the attorney was after you found out they weren't going to work with you... Thanks J

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Originally Posted by SkunkedAgain
Yikes that sounds like I may have screwed up... But I haven't talked to anyone yet, do you think it's too late if I only left a message of contact me about a possible pond? Where do I find a Natural Resources Attorney in my area? Is a Google search going to get me a decent one? Thanks for the heads up, guess I assumed that the attorney was after you found out they weren't going to work with you... Thanks J


Hopefully ewest will see this and chime in.


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What was the message you left ? With the new administration it may become impossible to work with COE. If you could get it in under the wire (before they start implementing their new boss' policy) you would be extremely lucky. I have seen them just say no , its a wetland.

Last edited by ewest; 08/11/21 06:16 PM.















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I don't remember exactly what I said, but something about a pond on my property that may be wetlands... they still have not returned my call. I did talk with a local resource and environmental planning group (came up under attorney search) they told me something similar to what you indicated, that if we got things done under the Trump rules that it may be possible, but if the new rules get in place it may not happen... They put me onto the wetland mapper and my area is designated as a wetland.. Not sure what the code PEM 1Ch means, but it looks like I'm going to need to work with them... One thing they told me, that I need to verify, they said that filling the wetland is the major concern of the protection, and they said if I was removing soil, they may allow it as long as the soil didn't fill any of the wetland... I'm hoping that is the case... I'd like to dig a couple new ponds for growing minnows or different fish mix and to use my land for something besides pasture, but it's not worth spending a ton of money on either, just a nice to have, but not a must have thing... Thank you for your insight... Jeff


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