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Old 01-22-2016, 06:07 PM   #1
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Excavating


I have a stream that runs on a customers property and they want to dig about a foot away and put in wire baskets and stone to stop it from eroding. The stream is about 6 foot wide with probably 2 foot wide worth of water going threw it. How close am I aloud to dig to it with out a permit?
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Old 01-22-2016, 08:49 PM   #2
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Re: Excavating


If no one knows, as close as you want.
For real though, check the setbacks and zoning in their area. Don't f with the con com.

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Old 01-22-2016, 09:31 PM   #3
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Ya was going to do that then the neighbor called the township and now it's a **** story and I can't seem to find out the law on it
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Old 01-22-2016, 11:55 PM   #4
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Re: Excavating


When you start screwing with any form/body of water get ready for a sh^t show. You could possible be looking at the town, county, state, corp of engineers, feds, sediment control, department of the environment, ..... Depends where it ends up, fish in the stream, etc...

I started to look at the same thing for an HOA in my area 7-8 years ago and I'm not sure they have done anything with it yet. Last time I checked the army corp of engineers was involved and they were at a complete stand still.

Unfortunately it sounds like they have a pia neighbor or you could have tried to do something under the radar.

I would see if they want to get a civil engineer involved, they could at least point you in a direction.
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Old 01-24-2016, 02:32 PM   #5
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Re: Excavating


We work in 3 states and the general rule is the state has jurisdiction to the top of the bank. So, a foot away would tell me you need a permit. Simply go to your state department of environmental services (or whatever they call it where you are) and ask about the division that handles wetlands permitting.
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Old 01-26-2016, 12:38 PM   #6
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Re: Excavating


Stay away from it. You cannot afford the fines.
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Old 01-26-2016, 02:32 PM   #7
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Re: Excavating


Permit it, or walk away

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Old 01-31-2016, 08:19 AM   #8
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Re: Excavating


Quote:
Originally Posted by JDEERE View Post
We work in 3 states and the general rule is the state has jurisdiction to the top of the bank. So, a foot away would tell me you need a permit. Simply go to your state department of environmental services (or whatever they call it where you are) and ask about the division that handles wetlands permitting.
Don't forget, any navigable body of water will also fall under Army Corps of Engineers control as well. You start playing around the water, it becomes a giant pain in the ass
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Old 02-07-2016, 04:07 PM   #9
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Re: Excavating


The army corp of engineers (ACE) are nuts.
If the owner does not have a permit to work in this water then it is a no brainer, Walk away for this project, you really; really do not need the problems that will come your way with out all the "t's" crossed and "i's" dotted.
I have experience dealing with the Army Corp of Engineers with water, I say stay away from them (ACE) you will loose you will not win.
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Old 02-07-2016, 05:11 PM   #10
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Re: Excavating


I agree with the above, I walked away from a bid opportunity as we would have had to do shoreline work under an ACE permit. I asked myself, "do I really need that type of stress and liability in my life?"

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