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dealing with the Army Corp of Engineers
#516644 02/11/20 08:56 AM
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DanaL Offline OP
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On our property there is a dam that creates a pond in our backyard. The dam was vandalized and blew out in a hurricane. The Corp said since the dam was old and was created under a agricultural exemption, we could reconstruct it as is with no permit. We started moving some dirt, the Corp came to look at it, and immediately sent us an email telling us to stop because we had no erosion or silt protection. We stopped, and the next day had an unexpected and underestimated storm come through that washed out what fencing we did have.

Two days later, the Corp sent another email saying to acknowledge we had received the first email or she would involve the EPA and the DOJ. We were stunned. It feels like a huge over-reaction. We have made it clear we want to be in compliance and need to know what is expected.

How do we deal with this? What exactly is the role of the Corp in this? How do we get them to tell us how to do this right? And what are our rights?j

Thanks for any and all help with this.

Re: dealing with the Army Corp of Engineers
DanaL #516649 02/11/20 09:53 AM
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Might need to have a lawyer take a look at the documentation given to you indicating that they did not have jurisdiction (if that is what they said).

Re: dealing with the Army Corp of Engineers
DanaL #516651 02/11/20 11:01 AM
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Beings it was originally an ag related structure, NRCS has the required protocol to meet CORP specs.
Should be a non-issue unless in a drainage of a tributary or navigable stream.


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Re: dealing with the Army Corp of Engineers
DanaL #516712 02/12/20 08:33 AM
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WOW! sounds like she is a leftover from the previous government administration. And I thought Trump was able to change a lot of this unless it is a navigable stream. Agree with RAH, might need to get an attorney involved based on the onsite inspection and your dealings with her.


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Re: dealing with the Army Corp of Engineers
DanaL #516722 02/12/20 11:14 AM
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Maybe a threat to file suit against them by your attorney.
















Re: dealing with the Army Corp of Engineers
DanaL #516733 02/12/20 01:53 PM
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Just my theory but what I gather from reading you statement I would guess this is more about potential erosion of soil that could possibly enter into a navigable stream due to erosion from your land disturbance, which would be in the jurisdiction of the EPA or the DNR, they are extremely sensitive, especially in some areas to runoff carrying soil and other contaminants into a stream.
As an excavating contractor I deal with such every week, Another local contractor received over 30 thousand in fines for failing silt retention devices allowing a minute amount of soil contamination in a minor creek, not even a navigable one.


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Re: dealing with the Army Corp of Engineers
DanaL #516738 02/12/20 02:58 PM
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But why is the Army Corp of Engineers involved?

Re: dealing with the Army Corp of Engineers
DanaL #516739 02/12/20 03:07 PM
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Corps of Engineers have jurisdiction over federal waterways and tributaries of, only. There has to be something involving either of the above for them to have jurisdiction.


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Re: dealing with the Army Corp of Engineers
DanaL #516741 02/12/20 03:17 PM
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I doubt that they have jurisdiction, hence the threat of calling in the DNR and others, they seldom threaten to call in somebody with more administrative power then they do, which leads me to believe they know they don't have that much.


All the really good ideas I've ever had came to me while I was milking a cow.
Re: dealing with the Army Corp of Engineers
DanaL #516742 02/12/20 03:44 PM
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If they have nothing, a 404 permit is not required if no federal waterway or tributary is involved. In which case one can press on.. Corps are not usually an issue, I guess I don't understand who is controlling what, here. COE is our final say on Navigable or Federal.. we don't have anyone else other than KS dept of water resources that can step in, but their place is after permits (if required).
Different everywhere I guess.


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