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Here's the problem, they didn't care about the power conduit because it didn't materially disturb the course, current, or cross-section of the stream. Digging a hole in the bottom of the streambed does alter the cross-section and probably either requires a permit from DNR or the Corps of Engineers. I'd hate to have you or her do the work and then have to restore the creekbed to it's previous state. Restoration always costs about a hundred times more than the job itself.
Having been in the agency that enforced water laws in Minnesota for almost 30 years I've seen nightmares develop out of situations similar to the one you describe. I hope you are right about the county/state not caring about the stream but in your shoes I'd say very little about it and hope for the best.
Mike
If you're the smartest person in the room, you're in the wrong room!
But not today...
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(06-11-2017, 09:04 PM)gMike Wrote: Here's the problem, they didn't care about the power conduit because it didn't materially disturb the course, current, or cross-section of the stream.
Well... considering I had a backhoe dig a 48" deep trench across the stream bed (the PoCo minimum was 44") I'd say it was 'materially disturbed'. I did do my best to patch things up when I was done, but I know stream is a) wider at the point it crosses than it used to be and b) is moved about 6-8 inches to one side. For sure what I want to do is going to disturb it less than that conduit run did.
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The stream went back to being a stream when the conduit was placed. Digging a sump, even a small one, alters the streambed permanently, that's where the problem may arise. I hope they ignore what you are doing but I wanted to make you aware of the possibility that they might have a problem with it.
Mike
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But not today...
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(06-12-2017, 08:37 AM)gMike Wrote: The stream went back to being a stream when the conduit was placed. Digging a sump, even a small one, alters the streambed permanently, that's where the problem may arise. I hope they ignore what you are doing but I wanted to make you aware of the possibility that they might have a problem with it.
He is not rerouting anything the water will still flow. We have change streams to grass water ways with the ok of the government and that changes the stream bed but not the flow.
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Why not just drop a simple pond waterfall pump in the stream. It comes with it's own foam filters. You can clean them out with a garden hose when they get dirty.
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You say that it alters the stream bed permanently but that is not true he could refill the hole and it would be the same as before
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You guys are right, I know nothing, I just did the law enforcement work on this for 29+ years. This will be my last ill placed post attempting to help someone avoid a problem. I bow to superior knowledge...
Mike
If you're the smartest person in the room, you're in the wrong room!
But not today...
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We need CC to set this straight.
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(06-12-2017, 07:52 PM)gMike Wrote: You guys are right, I know nothing, I just did the law enforcement work on this for 29+ years. This will be my last ill placed post attempting to help someone avoid a problem. I bow to superior knowledge...
Mike is right. Each state, however, takes these type of things with different levels of seriousness or attention. In NJ, they would be all over you like white on rice, and the fines could be expensive. NC, I don't know how aggressive their enforcement is, or may be.
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(06-12-2017, 07:52 PM)gMike Wrote: You guys are right, I know nothing, I just did the law enforcement work on this for 29+ years. This will be my last ill placed post attempting to help someone avoid a problem. I bow to superior knowledge...
I'm sure you know what you're doing and I know you've got much more experience than I do on the enforcement side. However.... this is a stream I can step over that's not on any maps that I know about and during low periods has about 2" of water in it, at best. Previous history when I wanted to disturb it is that no one seems to care what I do with it. The county - which is very protective of its water - didn't. The state DNR didn't. The Army Corps of Engineers didn't. Whether you consider the previous work to permanently affect the flow, I can promise it was a much bigger disturbance to the stream and the bank on both sides than this sump will be. The alternative to not doing this is to spend several hundred dollars to rent a trencher and pull water about 400' from the nearest water line, or hand carry water to an ever-growing herd of goats.
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