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Jan 10th, 2023
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Joined: Mar 2005
Posts: 21,408 Likes: 253
Moderator Hall of Fame 2014  Lunker
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Moderator Hall of Fame 2014 Lunker
Joined: Mar 2005
Posts: 21,408 Likes: 253 |
The US Supreme Court does not agree with the COE/EPA on what is a wetland subject to regulation. The COE/EPA has been slapped down the last 3 times they went to the Court on this issue.
The CWA has nothing to do with dam size and the size issue is generally a state safety regulation.
Last edited by ewest; 03/04/13 03:01 PM.
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Joined: Nov 2011
Posts: 910
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Joined: Nov 2011
Posts: 910 |
The trouble is your legal,PE and other people besides the fees you have to pay COE. They don't have to pay their legal fees so they have nothing to lose. The best way to get a pond now is to buy a place with them. It just costs too much money and time(can take 10 yrs.) to deal with COE.
Two ponds, 13 and 15 acres on the Mattaponi River.
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Joined: Oct 2012
Posts: 9
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Joined: Oct 2012
Posts: 9 |
I'm seeing the same type issues (see my post in this forum), I'm 18 months in with COE, SCDHEC, SCDNR (wanting to build a greentree resevior for ducks)and the NRCS. My situation sounds very similiar to yours. I'm trying to do myself but not sure I will succeed, seems like everytime I send more info they ask more question. I asked the COE project manager was it possible for an individual to get a pond permit passed, and they said yes but recommended hiring an evironmental consultant. I've met with them in their regional office and the property. I'm hoping they will get tired and try to help at some point just so I will go away. But I doubt it.
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Joined: Jan 2009
Posts: 28,074 Likes: 670
Moderator Ambassador Field Correspondent Lunker
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Moderator Ambassador Field Correspondent Lunker
Joined: Jan 2009
Posts: 28,074 Likes: 670 |
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Joined: Jun 2007
Posts: 7,097 Likes: 22
Ambassador Field Correspondent Hall of Fame Lunker
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Ambassador Field Correspondent Hall of Fame Lunker
Joined: Jun 2007
Posts: 7,097 Likes: 22 |
I think the corps is claiming jurisdiction yet will have none, personally. You "creating" a wetland doesn't make it theirs. I could be wrong and it is obviously your wallet. I would ask what grounds they are claiming control under. The NRCS agent may just be lazy and dumping his job off on the Corps so he doesn't have to work.
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Joined: Jul 2021
Posts: 1
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Joined: Jul 2021
Posts: 1 |
Hi, new user here wondering about the outcome on this 2013 thread in light of the COE rules changes Obama - Trump - Biden. We have 2 ponds in VA on our 247 acres and would like to build another;.
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