Did I mention---

---that I love comments?

Lots of folks out there know more about the ONSR than I will ever know. You information is so valuable to me.

I am not a park employee--which you can quickly find out by running a Google search. To my memory I have never spoken to a park employee except when one wanted to see my fishing license and when two others stopped to chat when I was looking at the paddlefish at Pin Oak.

If I know anybody who works at the Park, I don't know it. Hell, I'm not even sure who drives the green trucks and who drives the white ones. LOL

I do know that truth to power is effective. Other people care.

Luann

The mysterious ordinary high water mark

I think the Park is going to try to tell the Corps that the sidewalk at Big Spring is above the Ordinary High Water Mark. I doubt that BS is going to fly. And even if they can get that dog to hunt, they still have problems the whole "adjacent wetlands" concept. I am not enough of a whiz to know whether this is a section 10 or section 404 violation, but it is still stupid.

Here are some interesting tidbits. More later.


FAQ from the Corps site

Who should apply for a permit?

A. Any person, firm, or agency (including Federal, state, and local government agencies) planning to work in navigable waters of the United States, or discharge (dump, place, deposit) dredged or fill material in waters of the United States, including wetlands, must first obtain a permit from the Corps of Engineers. Permits, licenses, variances, or similar authorization may also be required by other Federal, state and local statutes.

What will happen if I do work without getting a permit from the Corps?

A. Performing unauthorized work in waters of the United States or failure to comply with the terms of a valid permit can have serious consequences. You would be in violation of federal law and could face stiff penalties, including fines and/or requirements to restore the area. Enforcement is an important part of the Corps regulatory program. Corps surveillance and monitoring activities are often aided by various agencies, groups, and individuals, who report suspected violations. When in doubt as to whether a planned activity needs a permit, contact the nearest district regulatory office. It could save a lot of unnecessary trouble later.


Section 10 of the Rivers and Harbors Act of 1899

33 U.S.C. 403

That the creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or enclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same.

Rare, newly discovered Missouri Jumping Rocks

I have heard of Mexican Jumping Beans, but never Missouri Jumping Rocks. Have you?

You can see on the right side of the picture where a bunch of rocks washed into the Big Spring pool. Note the color difference indicating more recent deposition.

Choice A: These are Missouri Jumping Rocks. They washed down the hillside, jumped over the back retaining wall, hopped across the sidewalk, jumped over the front retaining wall and decided they were hot and needed to cool off.

Choice B: They washed in from the walkway contruction. See previous picture/post.

What exactly is "fill material"

So, uh, do you think building a wall and pouring a bunch of concrete slobber and rock into the Big Spring pool might qualify?

I hope so.

Here is the definition right out of the Federal Register.

Fill material. (1) Except as specified
in paragraph (3) of this definition, the
term fill material means material placed
in waters of the United States where the
material has the effect of:
(i) Replacing any portion of a water of
the United States with dry land; or
(ii) Changing the bottom elevation of
any portion of a water of the United
States.
(2) Examples of such fill material
include, but are not limited to: rock,
sand, soil, clay, plastics, construction
debris, wood chips, overburden from
mining or other excavation activities,
and materials used to create any
structure or infrastructure in the waters
of the United States.
(3) The term fill material does not
include trash or garbage.

http://www.usace.army.mil/CECW/Documents/cecwo/reg/definfil.pdf

Uncle Sam answers my pleas--sort of

Here is the slightly edited email that I got back from the Corps of Engineers on the 404 compliance issues regarding the Waymeyer ACM boat ramp.

My question:


Thank you so much for this website link.

Here is my annoying question for the day--or for the minute anyway.

The boat ramp at Waymeyer prior to the 2008 flood was a gravel boat ramp. The flood washed away approximately 20 feet of gravel bar. An articulated concrete mattress is clearly a construction improvement.

From the Corps perspective, was this construction improvement properly permitted?

I suspect the answer is "no".

Here is my analysis. Please feel free to educate me where I am wrong.

I can't find an "emergency" exception to any of the compliance regulations. It is going to be a smooth talker who convinces me that there is an emergency need for a boat ramp at Waymeyer. Neither can I find an exemption for "temporary" structures. A "emergency, temporary, improvement" is going to be a tough sell. So is that a ACM is not an improvement over a gravel ramp.

I'm thinking that construction below the OHWM requires permitting and compliance.

Not that it is your concern, but the EA for the horse trails considered long term impacts--that is conspicously absent in the Chilton Creek EA, especially when that part of the river is designated low impact.

I really do appreciate your time and effort. Teaching born again tree huggers may not be your favorite task.

Luann


Here is the Corps answer:

Luann,
I suppose you have a copy of the 4 September 2008 letter to the ONSR (FOIA request). This permitted the removal of approximately 2 cubic yards of gravel from the Waymeyer Boat Access. An articulated concrete boat ramp (constructed above OHW and then relocated), is considered a ‘structure’ rather than ‘fill or dredged’ material, therefore an articulated concrete boat ramp does not require a Section 404 permit from the Corps. If this was located downstream of the old highway 60 bridge there at Van Buren , Missouri , then the Corps would regulate an articulated concrete boat ramp (steps, floating docks, etc.). This is because the old highway 60 bridge is the upper limit of the Section 10 portion of the Current River , and under Section 10 the Corps regulates everything.

Talk to you later.

Of course, I don't know enough about compliance law to know if the Corps answer is horse apples or tastee freeze. I do know that any area of the law is complex and since it is in writing, it is not likely to be total horse apples.

Comments from the peanut gallery welcomed--and all the rest of the born again tree huggers--and those of you who know more about compliance law than I do--which is just about everyone.

Interestingly, I got a response from ONSR about my questions. Of course, I sent the email to the Super and got a reply from Russ.

Here it is in all it helpful glory:

Ms. Holst,I received your e-mail regarding compliance questions relating to severalprojects at Ozark National Scenic Riverways from Superintendent Detring.I would be happy to address your concerns and questions via e-mail if youwould please send them to me.Thank you,Russ RungeDeputy SuperintendentOzark National Scenic Riverways

Thought ya'll would enjoy it. I guess I will go to work setting out the questions. Any contributions welcomed.

Here are some starters

How come the Waymeyer EA doesn't mention that it is in a low impact area of the river? And, how come that EA doesn't consider long term impacts like the horse ones did? The horse ones at least mentioned projected usage/past usage. How come Waymeyer does not?

Is the walkway at Big Spring above or below the OHWM? Where is the OHWM at BS? What about the stupid wall, is it above or below? Was all of that properly permitted? It is clearly below the old Highway 60 bridge, so that dog ain't gonna hunt. Was there any cultural compliance done or needed?

What about the maintenance building at BS? It was a CCC structure. Where is the cultural compliance done on that remodel?

That should do for a start.

Bet 50 cents I get the most fluffy answer of all time.

Don't take that bet.

Luann

Oops

I hate it when I find a typo--"we bring in" how about, "we DID bring in"

You know how it is when everything suddenly goes quiet? Like when you send an email to the ONSR Park Super and don't get a reply?

That sort of email looks alot like this: (it had my real phone number)

Superintendent Detring,

I have several concerns that I would like to address with you regarding ONSR compliance issues.

I can address these in writing via email or we can speak on the phone, whichever you prefer.

I am concerned about the following areas

1) The boat ramp at Waymeyer
2) The walkway and wall at Big Spring
3) The remodel of the maintenance building at Big Spring


Please let me know your preference. My daytime phone is (573) XXX-XXXX or you can return email me at this address.

Sincerely,

Luann Holst

Isn't there some song about the "Sound of Silence"?

Good Evening

I know everyone is enjoying the last few days of spring weather in the Ozarks.

Last Saturday I spent in the best smallmouth fishing place in the world, our very own Current River. This time we went above Doniphan---way above Doniphan. Although I don't count, I have to estimate that the two of us caught somewhere around 80 fish. What a day.

If fishing bores you skip the next paragraph or two.

The smallies are on the beds, but the beds are quite deep--4 to 5 feet of water. They are also just starting to move onto the wood--hanging under suspended logs. We caught fish on 4" straight plastic worms, swim baits and top water baits. Top water is a huge blast. The worms are more productive, but the top waters are more fun. Can't wait to go back. Every fish we caught was nice and fat and slick. Although we bring one in who was missing his whole top lip and was blind in his left eye. The will to live is just incredible. He was about an 18" fish and all of his wounds had healed.

We saw three osprey, one with a yellow sucker in its talons. I think I saw a baby buzzard--something I have been looking for all of my life. We also saw one bald eagle.

It seemed like every place you looked there was a cabin for sale. The economy pinches hard on recreation.

Sadly, we saw a clear 404 violation. Someone had bulldozed a bunch of construction debris into a creek right on the river. Happily, I did not see alot of trash along the river. I did see lots of new construction and "improvements." House way up on the bluff, half ass road, and a bunch of large rip rap. Little by little this adds to the nutrient load, and hence the clouding of the water, growth of algae and moss, changes, more changes and soon it won't be our clear flowing, gravel bottom, haven.

The ONSR is working on the General Management Plan and there will be a series of open meetings in June. You can be sure the access and recreation folks will be there--will you?

Luann