STREAMS

KennyKenCan

Commander
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Aug 26, 2002
Messages
2,501
Does anyone out there have any dealings with your local municipality about streams that run through your property? :confused: <br /><br />Here is the deal...<br /><br />Their was a vacant lot next to my house that had a stream running through it, and now a building contractor has bought the lot and is constructing 3 new homes. :( <br /><br />Unfortunatly, the stream has been bulldozed over and now the entire neighborhood is having water problems, ie: water flooding the street and neighboring properties. :mad: <br /><br />My question is, is their not laws against destroying natural streams? :confused: <br /><br />My local Town Government says that there is nothing that can be done about it because they did not see the stream because the contractor already bulldozed it before applying for building permits. (The contractor was fined $500 for bulldozing without a permit.)<br /><br />I have shown the Town photos of the stream, but they don't want to hear my complaints because I feel that they have been paid-off.<br /><br />Does anyone know any organizations that this type of activity can be reported to?<br /><br />Have already contacted the State and County Governments, but the told me it was a Town Government issue.<br /><br />Now this same contractor has purchased aquafer wetlands near a river, and has begun destrying this land also.<br /><br />I know for a fact that this wetland was protected property, but the Town states that there was no signs posted, so how could it be wetlands.<br /><br />I know for a fact that this land was posted as protected wetlands and that the contractor removed the signs upon purchasing land.<br /><br />Construction in the wetlands in the area that I live have already destroyed the shellfishing industry here.<br /><br />Maybe you have heard of Long Island Clams, well they are no more because 80% of the aquafer wetlands have been destroyed.<br /><br />I just can't stand by and allow any further destruction of wetlands, and my property, so if anybody has any idea how I can get some help here, it would be greatly appretiated.
 

martyscher

Petty Officer 1st Class
Joined
Mar 18, 2002
Messages
207
Re: STREAMS

Not sure about which government bureaucracy to get another run-around from, but it certainly sound's like it is time to contact a lawyer, by both yourself and effected neighbors.<br /><br />I believe that if it is a real stream, they should have a least installed culvert pipe, verses simply filling it in.<br /><br />"Oh well" usually does not cut it, in instances effecting drainage for other property owners.<br /><br />Good luck.
 

KennyKenCan

Commander
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Aug 26, 2002
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Re: STREAMS

Thanks Marty<br /><br />It just irks me that the local government is more interested in payoffs than protecting its citizens.<br /><br />By the way, the contractor lives in Connecticut!<br /><br />A lawyer wants $10,000 just to take the case.<br /><br />I do not have that kind of money.
 

BlackSmoke

Petty Officer 2nd Class
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Jun 11, 2002
Messages
116
Re: STREAMS

Contact your state Dept. of Natural Resources. On the federal level, contact EPA and the US Fish and Wildlife Service. The wetlands will get their attention.<br /><br />If contractor's action diverted water that is now damaging other property, contractor can be sued for damages - that's a lawyer issue. Your documentation of prior conditions will be important.
 

KennyKenCan

Commander
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Aug 26, 2002
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2,501
Re: STREAMS

Thanks for the response BlackSmoke,<br /><br />Have already contacted Dept. of Natural Reasorces and the EPA, and they all claim its a Town Govt. issue.<br /><br />I don't have a spare $10,000 to pay a lawyer.
 

LadyFish

Admiral
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Mar 18, 2003
Messages
6,894
Re: STREAMS

This would make me mad too. Here, wetlands and water issues are mainly the County's jurisdiction.<br /><br />If I were you, I'd raise such a stink the Town would have to do somthing. Write a letter to the editor of your local paper. Go to every Town council meeting to complain, get your neighbors to go with you. Picket outside City hall if you have to, but something must be done. :mad: <br /><br />My husband has been in the civil engineering field for over 35 years. Let me see if he has anything to add to this.
 

KennyKenCan

Commander
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Aug 26, 2002
Messages
2,501
Re: STREAMS

Thanks LadyFish,<br /><br />I would greatly appreciate any help.<br /><br />Just spoke to the Town Engineer who said that nothing can be done at his level.<br /><br />He said it was a political issue and out of his hands.<br /><br />This is obserd.<br /><br />And to think that this is what I pay these people for?<br /><br />My property taxes are already $11,000/year, and this is the kind of service I get?
 

KennyKenCan

Commander
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Aug 26, 2002
Messages
2,501
Re: STREAMS

Just got another call from the town. :( <br /><br />They said that nothing can be done now because construction has already begun. <br /><br />I was at all the meetings concerning this matter and was never aloud to speak. <br /><br />Was told I'd have an opertunity at the next meeting.<br /><br />They never held another meeting! :confused:
 

LadyFish

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Mar 18, 2003
Messages
6,894
Re: STREAMS

Kenny, I emailed him your post and here is his response.<br /><br />Here it is illegal to grade your property causing water to run onto your neighbors. That would include filling in a natural stream or drainage gully without providing for the water flow with retention, ditching or piping. If it is a year round stream I would think the fish & game section of the state government would be very interested.<br /><br />As for filling in wetlands, that is a federal offense. The people to contact about that are the Corps of Engineers. Bribes won't work with those guys and they get really pissed when people try to pull a fast one.<br /><br />Hope this helps.<br /><br />P.S. Are their any environmental groups there or national wildlife refuges? They may be able to put you in touch with the right people. They may even want to get involved.
 

LadyFish

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Mar 18, 2003
Messages
6,894
Re: STREAMS

Save Our Seashore<br />P.O Box 469<br />Brightwaters, NY 11718<br /><br />631-583-9266
 

KennyKenCan

Commander
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Aug 26, 2002
Messages
2,501
Re: STREAMS

LadyFish,<br /><br />Thank you very much with your assistance.<br /><br />I will keep everyone posted.
 

wvit100

Chief Petty Officer
Joined
May 6, 2002
Messages
416
Re: STREAMS

http://www.usace.army.mil/ <br /><br />Check this website. I am a civil engineer and I know any work filling or piping in of an actual stream requires you to obtain a 401/404 permit through the Corp of Engineers. Working on such streams without the permit can carry heavy fines and probably mitigation of any damages. The Corp should be very interested in this. They are understaffed however and I would not expect a quick response, the more people who call or write the better. A letter would probably get a better response than a phone call, put any picture of the property before and after the costruction you have in the letter. Again I would not expect anybody to run right out there though, I know here in North Carolina there is one guy for this entire region and he is only here in Charlotte on day a month.
 

KennyKenCan

Commander
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Aug 26, 2002
Messages
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Re: STREAMS

Thanks for the info wvit100,<br /><br />I just got done sending the Army Corps. of Engineers an E-Mail.<br /><br />Tryed calling, but phone # was busy, of coarse.<br /><br />The problem here is that construction has already begun and one home is already complete, and from what I understand, sold!
 

LadyFish

Admiral
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Mar 18, 2003
Messages
6,894
Re: STREAMS

Its possible that your County Engineer's office may have an aerial of the land which would reveal the river prior to construction. Just a thought.
 

FlyBoyMark

Ensign
Joined
Apr 14, 2002
Messages
934
Re: STREAMS

As much as I DON'T like them...I would get on the web to some environmental oganizations that look at things like this....this is in my book what they SHOULD be protecting...
 

marty_scher

Petty Officer 1st Class
Joined
Mar 30, 2002
Messages
208
Re: STREAMS

KennyKenCan,<br /><br />Some good responses here, but can I add:<br /><br />You say that neighbors are effect too. Can they chip in for a lawyer, since it is in their interest too? Have all of the lawyers you contacted want that much money?<br /><br />Although it may not be possible, as a last resort, you might do some landscaping, or retaining wall, of your own, that deflects the water back from your property.<br /><br />Also, the fact that the work has already begun, should have no bearing on what is right or wrong and what should be corrected (the "oh well" clause). To simply fill a stream certainly seems to violate laws, other than digging without a permit.<br /><br />You should see if Army Corps. of Engineers has a field office in your area.<br /><br />Good luck
 

miloman

Lieutenant Junior Grade
Joined
Nov 3, 2002
Messages
1,181
Re: STREAMS

here in Canada is is 100% illegal to divert enclose any type of stream unless it has been deemed to have no contact with head water a spring or any connection to any stream. In other works basically run off that in the summer runs dry. The fines for such action are over $50000 and jail time. The fact that he has built homes means that your must act fast real fast and attempt to obtain a stop order. There are many ways that can be done check your local bylaws and see where 1 might apply.
 

Fishbusters

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Apr 20, 2002
Messages
921
Re: STREAMS

Can't think of the name but it is a federal agency and they oversee any and all construction that affects marshlands, wetlands and coastal regions. I know people that own property that had a house until the hurricane that now can't rebuild because of this agency.
 

SpinnerBait_Nut

Honorary Moderator Emeritus
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Aug 25, 2002
Messages
17,651
Re: STREAMS

Here in Kentucky, you can not just fill in a stream.<br />You have to contact the state and get a permit to put pipe in that they say you have to use after they come out and look at it.<br /><br />A federal wetland is protected, period.<br />No if, and, or buts about it.<br /><br />Call the federal fish and wildlife people, and get them involved.<br />The state fish and wildlife won't get involved because of politics.<br />Here if you mess with a protected wetland, you go to jail and pay a big fine.<br /><br />Check with these people and see if they won't get involved.<br /> FDFW <br />And here is your region.<br /> your region <br /><br />Hope this helps, and don't let it just go away cause once he gets by with it, he will just keep going till someone puts a stop to him.
 

ebbtide176

Commander
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Jan 22, 2002
Messages
2,289
Re: STREAMS

what a bad deal you have there! i don't have experience with it either, but from what i know a friend's dad (developer) went through, just to build a large lake bordering natural wetlands, i'd think you'd contact:<br /><br />EPA<br />Wildlife Resources Division<br /><br />i don't deal with activists, but for flagrant land abuse, i might seek attn from them. maybe writing some of them will get them in there, and many have $$$ to blow on practically anything to whine about. greenpeace, etc.<br />-maybe some group is anal about snails, crawfish & mosquitos? <br /><br />maybe OSHA wants to check the builders methods, and someone might want to verify the septic systems? man, you know there are a zillion reasons why people can complain to gov over something- here's your chance to see both sides of the coin.<br /><br />i'd probably do the earlier mentioned idea- rent a bobcat, and push up a berm around your property to at least exacerbate the flooding problem back on the new development...good luck<br /><br />PS - (well i deleted 4 lines - to much of a loophole to friggin share, since it hurts honest folks) i can paraphrase it though - <br />do NOT allow this to continue, and do NOT think it cannot be changed even though bldgs have been erected. <br />Sitting on the problem will only make it harder to fight later ;)
 
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