Digging out stream?

[two70]

Somehow, I'm not surprised ACE and EPA would ignore a SCOTUS ruling...

They are not ignoring the SCOTUS ruling, they spent the last two years actively rewriting the interpretation of the Clean Water Act to include intermittent streams to purposefully get around the ruling.

 

[Dirty Steve]

They are not ignoring the SCOTUS ruling, they spent the last two years actively rewriting the interpretation of the Clean Water Act to include intermittent streams to purposefully get around the ruling.

THIS is what I alluded to. Don't do it unless you have an Individual 404 Permit from the CORPS and agreement from IDEM. Excavation below the ordinary high water mark of any stream requires a permit. Or wait until after the election and hope that a more reasonable interpretation is put in place. I have spent a ton of time the last two years permitting the most ridiculous "stream crossings" for projects because of this current overreaching interpretation.

If you decide to do it without a permit, prepare to pay the piper when you get caught. It is not pretty.

Dirty Steve

 

[KJQ6945]

I would like to own the company that makes "Waters of the U.S." signs. The I-69 project between Martinsville and Bloomington was covered in them last year. Every single ditch or ravine had signs from any possible approach. That was last year. This year, all new signs that say "environmentally sensitive area". The costs involved to protect a ditch are mind blowing.

 

[Hkindiana]

I appreciate the insight, folks...especially the link CBR1000r posted. I didn't know what I didn't know, but figured somebody here had BTDT before.

Looks like some hoops to jump through for sure, but the juice might end up being worth the squeeze from a regulatory side...we'll see.

Sometimes its easier to ask forgiveness than to ask for permission

 

[T.Lex]

Sometimes its easier to ask forgiveness than to ask for permission

When dealing with the government, it is more expensive. Rarely is there a, "Aw, I guess its not that big of a deal."

 

[AGarbers]

When dealing with the government, it is more expensive. Rarely is there a, "Aw, I guess its not that big of a deal."

Especially when you post on a public forum that you're going to do it regardless. If you think these boards are not trolled for information, you are very naive. At the minimum, the IDNR regularly stalks this and other boards.

 

[Tactically Fat]

IDNR regularly stalks this and other boards.

Stupid government employees. Don't they have anything better to do?

 

[avboiler11]

I'm inclined to do things the right way, hence starting this thread.

I'm also known to occasionally "press to test", and it helps to have ammunition and facts supporting your cause if you want to do that. In that sense, this thread has been very informative and enlightening.

 

[Hardscrable]

Sometimes its easier to ask forgiveness than to ask for permission

So you have never been personally involved in such a situation with any of the gov't alphabet agencies I take it ? !