Ooooh- selective quotes game.
In their complaint, the PLF lawyers stated the work was exempt as a “construction or maintenance of farm or stock ponds.” But what the lawyers left out is the line that proceeded the listed exemptions, ” Except as provided in paragraph (2) of this subsection, the discharge of dredged or fill material.” In paragraph 2, we find:
(2) Any discharge of dredged or fill material into the navigable waters incidental to any activity having as its purpose bringing an area of the navigable waters into a use to which it was not previously subject, where the flow or circulation of navigable waters may be impaired or the reach of such waters be reduced, shall be required to have a permit under this section
In other words, if you’re maintaining an existing pond, no permit is necessary. If you’re building a new one, however, you need that permit. More importantly, the Army Corps of Engineers needs to ascertain whether the work being done is going to have an adverse effect on the water system.
And another -
The difference for Johnson ended up being in who lives downstream. "From the information we have gathered, we have a neighbor who took it upon themselves to make all the phone calls. It's really very strange. Everybody in our community absolutely loves our project. These neighbors moved here from out of state," Johnson said. "Their son was in the trackhoe when I was building the dam. I was showing him how to run it, they were out there taking pictures. The next day they reported us to the Corps of Engineers."
