# intermitent stream



## ohiogary (Dec 14, 2006)

I was wondering if it is legal to build a pond in Ohio , fed by a intermetent stream, just checking before pursuing.


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## Shaun69007 (Sep 2, 2009)

I am almost positive that unless its a natural spring it is illeagal to use a platted stream as a water source


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## [email protected] (Dec 22, 2006)

Check with your County Soil and Water.


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## ohiogary (Dec 14, 2006)

Well they said it was fine and came out and looked at the pond, that I already put in , it is only 1/4 acre pond, .....problem I have a neighbor complained to the army corps of engineers, and I had a real a## come out and hes telling me the pond has to go, because I am tied into a intermittent stream, only problem the goverment has the final say so. messed up sytem


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## hang_loose (Apr 2, 2008)

So, are you legal??? After while, the water will still keep flowimg downstream.


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## ohiogary (Dec 14, 2006)

According to state laws it is perfectly legal, I had a representive from Belmont County Soil and Water came out Friday, she said the state has no issue with the pond location, BUT the army corps, said it was illegal, two different sets of laws, and Ohio doesnt want to get involved with the army corps. So now I have to fill the pond area, Kind of frustrating, 
Ohio allows you to tie directly with a stream as long as you do not change the direction of the stream, but the army corps is saying the only way I can have a pond is offset the pond from the creek and tie into the creek, kind of like a Y, inwhich is changing the stream direction, inwhich is against ohio laws......Very confusing ...


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## ohiogary (Dec 14, 2006)

And the stream involved, flows approximatly one mile at the beginning of the stream a farmer has a farm pond that is spring fed and the overflow from his pond creates this stream, along with other springs along the way, and rain water coming off the hills in the area. The army corps were notified by a complaining neighbor saying I blocked up the stream......she didnt think .....it had been a total drought in the area for the past 3 months and there was no water even coming into the pond.


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## bountyhunter (Apr 28, 2004)

they did you a favor ,YOU DON,T WANT THAT NASTYWATER. its full of septic leakage,, farmers fertilizer and other nasties. build your pond away from the stream . and drill a well for water. I did 30yrs back, my ponds clean no storm floods to worry about . you can see 4ft down all yr long .cost a lttile but well worth it.


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## [email protected] (Dec 22, 2006)

You're not the first to have this problem where the state says one thing then the Feds say another. The Feds trump local. Your initial question was a bit misleading since you already built the pond.

Was Belmont Soil and Water consulted before you built the pond? Did you have them do a site visit?

This is not an ideal spot to build a 1/4 acre pond. Too much watershed for the size (5-10 acres is plenty...1 mile of ag drainage is way more) and it will likely fill in anyway. Products used to treat aquatic weeds will be quickly flushed out, possible unwanted species making their way in or desired fish finding their way out too. A mile of ditch/stream can pick up a lot debris which can plug overflow structures and cause flooding and property damage upstream and/or downstream.

I suggest you proceed with caution as there's potential liabilities in the correction of this now too. You may need a permit from the corps to do the correction which may require written plans. I haven't done this kind of work with the COE but my only advice is to work _with_ them, be respectful, and that it's best not to get in a fight as they have the upper hand in every aspect.


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## bdawg (Apr 14, 2009)

Developers fill/redirect streams and wetlands all the time, but they hire a wetlands consultant to get a permit from the Army Corps and the EPA. For an intermittent stream, there is a certain length that you can fill for a project that would fall within the limits of a Nationwide Permit which you can get from the Army Corps. If you are just filling to build a pond, you may be less then their limit and may be able to apply for the permit retroactively. I have dealt with the Army Corps on occasion for work and agree that they are a pain in the butt. That's why developers hire wetlands consultants that can speak whatever "language" the Army Corps is speaking.

I also agree with PondFin that you will have problems with muddy water, sediment, fertilizer, and debris clogging the outlet.


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