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Section 404 Clean Water Act Undisturbed Easement

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(@rlshound)
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Hello,

A parcel owner called asking if the wash could be redesigned to accommodate building a larger house on the lot. The wash has a USACE Section 404 Undisturbed Easement. I've reviewed the language on the plat, researched the citation and the EPAs Clean Water Act in hopes of finding something definitive that supports the plat.

Has anyone had experience with this situation?

Your input would be appreciated, Thanks
Paul

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Posted : April 18, 2017 10:41 am
(@mightymoe)
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rlshound, post: 424132, member: 6800 wrote: Hello,

A parcel owner called asking if the wash could be redesigned to accommodate building a larger house on the lot. The wash has a USACE Section 404 Undisturbed Easement. I've reviewed the language on the plat, researched the citation and the EPAs Clean Water Act in hopes of finding something definitive that supports the plat.

Has anyone had experience with this situation?

Your input would be appreciated, Thanks
Paul

I have one guy and one gal I call for these kinds of issues. My guy deals with federal regulators all the time, and the gal deals with stream/flow issues, he's a civil engineer and I'm not exactly sure what her education is in but everyone seems to consider her the guru for stream issues. Probably most civils could direct to the proper person.

Going out on a limb and thinking this isn't a surveying issue until the changes get approved by powers that be.

 
Posted : April 19, 2017 8:28 am
(@rlshound)
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Morning,
have gone that route and the engineers here are not aware of the rules regarding redesign. I keep knocking on the USACEs door but have not heard back... the issue is the change possible to begin with???
Thanks

 
Posted : April 19, 2017 8:59 am
(@mightymoe)
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rlshound, post: 424363, member: 6800 wrote: Morning,
have gone that route and the engineers here are not aware of the rules regarding redesign. I keep knocking on the USACEs door but have not heard back... the issue is the change possible to begin with???
Thanks

I'm pretty sure there is a way, but like I say it's not surveying, I have been involved with stream "restoration" it's quite a process, might be more expensive than they want to deal with, is the topo severe?

 
Posted : April 19, 2017 9:32 am
(@mightymoe)
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My guy called a bit before lunch about a totally unrelated issue.
I asked him about 404's, he isn't surprised that the civils you talked to didn't know much.
He said that you need someone who has done a lot of this type of work, he has gotten involved because of pipelines, irrigation districts, bridges,,,,,,

You need to contact the Army Corps, there are some permits/forms you can fill out, one I think he called a 403.
He didn't think you can change the stream very easily, but it will be up to the Corps.
They will help with the process and possibly come out for an on-site.
The important thing is don't touch that stream before a permit is issued.
If you can track down an engineer who does this it could be a real timesaver, they can at least say go ahead or don't bother.

 
Posted : April 19, 2017 11:36 am
(@rlshound)
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Morning,
Thanks for taking the time, after phone calls and emails the USACE called. They said they would review a general idea of what the parcel owner is intending. After informing the client of the possible steps involved....estimate with risk management time and cost, initial topo, revising easement, civil redesign, review process with USACE and the city, contractor doing the work, as built...it makes you wonder how much they'll gain as opposed to a smaller building footprint. This is a high end celebrity type retirement area, while researching I found letters from Game and Fish addressing the impact to Bald Eagle habitat.

It gets more interesting the deeper you dig. Absolutely proceeding with caution.

Thanks again for asking,

 
Posted : April 20, 2017 7:58 am
(@mightymoe)
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rlshound, post: 424506, member: 6800 wrote: Morning,
Thanks for taking the time, after phone calls and emails the USACE called. They said they would review a general idea of what the parcel owner is intending. After informing the client of the possible steps involved....estimate with risk management time and cost, initial topo, revising easement, civil redesign, review process with USACE and the city, contractor doing the work, as built...it makes you wonder how much they'll gain as opposed to a smaller building footprint. This is a high end celebrity type retirement area, while researching I found letters from Game and Fish addressing the impact to Bald Eagle habitat.

It gets more interesting the deeper you dig. Absolutely proceeding with caution.

Thanks again for asking,

Ha!! Good luck, hope it works out, the Corps will be good to work with and it should be interesting, at the very least your contact list should expand before you finish this project.

 
Posted : April 20, 2017 8:15 am