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