/pine
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My point is/was that the courts have supported landowner rights outlined by state laws (over fed. regs.) or maybe you just like to argue for arguments sake?
Moving gravel near streams and rivers
- Thread starter Komrade
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My point is/was that the courts have supported landowner rights outlined by state laws (over fed. regs.) or maybe you just like to argue for arguments sake?
orezok
Elite Member
If you choose to excavate in a waterway and the feds come after you, wave the "state rights" banner from your jail cell.
/pine
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LoL...tell that to the gold miners in Alaska...!
orezok
Elite Member
If they have a valid approved mining claim, then they have the right to excavate in a waterway just like a permitted gravel recovery operation does in Georgia.
Let me just ask one question, how many times have you dealt with the Corps of Engineers?
Let me just ask one question, how many times have you dealt with the Corps of Engineers?
/pine
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What is the difference between permitted mining rights and (court upheld) landowner rights that say I can use the bed of a stream the same as any of the rest of my land?...my deed is my permit imo...
"Corps of Engineers" is an oxymoron....
Seriously though I have dealt with them on many occasions in a professional capacity as an engineer for a marine construction co...mostly with bridge work and underwater pipelines...what was your point? around here it is the EPA that handles turbidity issues etc...
orezok
Elite Member
...your deed is your permit? Good luck with that.
/pine
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it has worked for myself and other landowners to date and the courts continue to uphold our rights...you being in kalifornia I understand your animosity for those that you think are getting away with something...around here we can pretty much do what we want if it does not step on another landowner's rights...
orezok
Elite Member
So as the engineer for these projects you were responsible for pulling the numerous permits required for work in a waterway?
/pine
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I never did any type of clerical work...All of the jobs involving the corps were done under contract or sub-contract for different governments of all levels...from federal to state, county, municipality etc...projects were already permitted...my dealings with corps personnel mostly came about when for some reason or another the project could not progress according to the contract/plans/specifications etc...etc...usually involving change orders from the original contracts...(ever hear the term "as-built"?)
orezok
Elite Member
OK, it's apparent that you have not dealt with Federal agencies permitting process. I have dealt with an alphabet soup of federal and state agencies and their requirements can be rigorous and expensive. For a permit in a waterway, it can cost thousands of dollars for studies by biologists, hydrologist, archeologists and just about any other ...ologist you can think of. It can also take a year as agencies like to daisy chain their requirements, that is when one is done, they decide they need another based on the previous one. Failure to comply will result in serious fines and threats of jail time.
On one project I had to agree to have a crew pull "invasive" weeds from a waterway located 50 miles away from my project for 3 years because I disturbed about 100 SF of "riparian habitat" that was created by an upstream property owners storm drain outflow that had constant nuisance water discharge. Weeds grew in the discharge. It's not pleasant but it's part of doing the job.
And yes, I think I have heard of the term "as-built" during my 40+ years of construction experience with 34+ years as a licensed General Contractor and Construction Manager and having successfully managed more than 1/2 Billion dollars of public works projects.
On one project I had to agree to have a crew pull "invasive" weeds from a waterway located 50 miles away from my project for 3 years because I disturbed about 100 SF of "riparian habitat" that was created by an upstream property owners storm drain outflow that had constant nuisance water discharge. Weeds grew in the discharge. It's not pleasant but it's part of doing the job.
And yes, I think I have heard of the term "as-built" during my 40+ years of construction experience with 34+ years as a licensed General Contractor and Construction Manager and having successfully managed more than 1/2 Billion dollars of public works projects.
