Keep in mind and/or a little help...

AJ · 02-21-2008, 07:48 PM

I thought about this for a long time before I actually sat down and posted this. I’m all for enhancing and building ponds for recreation, especially with the lack of public access to private waters. There are some very important issues that should be kept in mind prior to taking any actions. Please understand this isn’t to rain on anybody’s parade, but rather to prevent potential problems, legal issues, etc. down the road. For your convenience I’ve provided some links that may be of benefit.

US Army Corps of Engineers
NRCS
NRD’s
NGPC
DNR
NDEQ
USFWS

1. Do not alter, impede, change, or disturb the natural flow of any stream (permanent or otherwise) without permission. This can be done by contacting the US Army Corps of Engineers. This would include the construction of a dam, pond, or any other structure to include erosion control measures. It also extends to removing or filling the stream with soil, debris (woody, herbaceous, or artificial) and/or altering the natural contour of the stream banks.

2. Beaver dams create a unique situation both environmentally and legally. Beaver dams are a naturally occurring phenomenon and can create beneficial habitats. They can also be very destructive. Ponds, or more appropriately named “impoundments” created behind beaver dams create a unique micro-ecosystem for aquatic, avian, and other species. These beaver dams however can have devastating consequences for land owners upstream. Their land will flood much more easily and the water table will rise as well due to increased levels of water in the stream. Beavers and their dams cannot be modified by the public. If you need a dam removed it needs to be done by professionals. Several agencies can assist you if you want one removed. The usual methods are to use an axe or shovel to break the dam apart AFTER all beavers in the area have been removed. Explosives or heavy machinery can also be necessary if the dam is particularly large or well built. DO NOT try to remove the beavers yourself, let professionals handle it. They become educated and nocturnal very easily and will be nearly impossible to remove.

3. Do not stock any body of water with non-native or unapproved fish species. I know of several pond owners in SE NE that have koi in their ponds. This is most unfortunate as every time a large runoff event occurs these fish escape into the watershed from the drainage structures. Do not transport fish from one stream or lake to another. This is how diseases spread, and if you happen to dump minnows out you never know what you will end up with in your pond.

4. DO ask for help in determining if your land is suitable for a pond. There are many programs out there to assist you. They range from help in determining suitability of the site, design, and even costs of construction. The best places to start would be your local NRD followed by a call to your NRCS.

5. Don’t assume that just because you have an existing pond that you can’t/shouldn’t ask for help. Professionals are out there just for these situations. Never modify an existing structure without first ensuring that it will be okay.

6. DO NOT destroy, damage, or otherwise alter any wetland that may be associated with a privately owned pond, even if it was man-made. Any wetland that is to be disturbed, either positively or negatively must have prior permission. The US Corps of Engineers is usually the best place to start for assistance as is the NRCS – especially if you are trying to improve or protect the wetland for future generations.

7. Keep your neighbors informed of your plans. Usually you will need consent from both upstream and downstream landowners before any pond(s) can be built. I’ve found that open and up front communication before you begin any project can prevent a lot of problems.

8. Do not assume that you can pump ground water into your pond/impoundment to keep it full during years of drought. There are different rules in different NRDs pertaining to this, check with them prior to taking this action.

9. Try at all times to maintain a minimum depth of at least 10-12 feet. The entire pond doesn’t need to be this deep but at least a forth to a third of a smaller impoundment should be at this minimum to prevent fish kills during winter. Keep in mind that as your structure ages it will silt in and your maximum depth will degrade over time. It would be a good idea to start substantially deeper than 10 feet if at all feasible.

10. Up-stream land practices will have a huge impact on water quality. Try to build only where there is a substantial amount of prairie or grassland/trees upstream. This will improve water quality and the health of your fishery.

11. Do not assume that your drainage is sufficient to sustain a pond. There are a lot of factors to take into consideration such as; slope, length of watershed, land uses (curve numbers), rainfall events, soil types, average rainfall and 1 -2- 5 & 10 year storms.

I hope this helps everyone a little. I don’t want to dampen anyone’s spirits about private ponds but there are a lot of hoops that need to be jumped through to ensure that you will have a quality product in the end that is both enjoyable and legal. If you have specific questions either post them or PM me and I’ll try to help you out, at the very least I can point you in the right direction to get you started.

RatherBFishing · 02-22-2008, 09:21 AM

AJ,
you seem well informed on this subject. Do you mind sharing how you became so versed on the subject?

AJ · 02-22-2008, 10:03 PM

Mostly from work experience, some from associates who work in those fields as well. It's kind of interesting the things you learn/experience when you work with all those agencies and fish with friends who are employed by those agencies. Kind of get the inside scoop on a lot of stuff plus practical experience in dealing with these issues.

Hope that satisfies your curiosity RatherBFishing.

02-21-2008, 07:48 PM	#1 (permalink)
AJ Member Join Date: Feb 2007 Location: Lincoln, NE Certified Youth Fishing Instructor Posts: 89 Thanks: 4 Thanked 5 Times in 3 Posts	Keep in mind and/or a little help... I thought about this for a long time before I actually sat down and posted this. I’m all for enhancing and building ponds for recreation, especially with the lack of public access to private waters. There are some very important issues that should be kept in mind prior to taking any actions. Please understand this isn’t to rain on anybody’s parade, but rather to prevent potential problems, legal issues, etc. down the road. For your convenience I’ve provided some links that may be of benefit. US Army Corps of Engineers NRCS NRD’s NGPC DNR NDEQ USFWS 1. Do not alter, impede, change, or disturb the natural flow of any stream (permanent or otherwise) without permission. This can be done by contacting the US Army Corps of Engineers. This would include the construction of a dam, pond, or any other structure to include erosion control measures. It also extends to removing or filling the stream with soil, debris (woody, herbaceous, or artificial) and/or altering the natural contour of the stream banks. 2. Beaver dams create a unique situation both environmentally and legally. Beaver dams are a naturally occurring phenomenon and can create beneficial habitats. They can also be very destructive. Ponds, or more appropriately named “impoundments” created behind beaver dams create a unique micro-ecosystem for aquatic, avian, and other species. These beaver dams however can have devastating consequences for land owners upstream. Their land will flood much more easily and the water table will rise as well due to increased levels of water in the stream. Beavers and their dams cannot be modified by the public. If you need a dam removed it needs to be done by professionals. Several agencies can assist you if you want one removed. The usual methods are to use an axe or shovel to break the dam apart AFTER all beavers in the area have been removed. Explosives or heavy machinery can also be necessary if the dam is particularly large or well built. DO NOT try to remove the beavers yourself, let professionals handle it. They become educated and nocturnal very easily and will be nearly impossible to remove. 3. Do not stock any body of water with non-native or unapproved fish species. I know of several pond owners in SE NE that have koi in their ponds. This is most unfortunate as every time a large runoff event occurs these fish escape into the watershed from the drainage structures. Do not transport fish from one stream or lake to another. This is how diseases spread, and if you happen to dump minnows out you never know what you will end up with in your pond. 4. DO ask for help in determining if your land is suitable for a pond. There are many programs out there to assist you. They range from help in determining suitability of the site, design, and even costs of construction. The best places to start would be your local NRD followed by a call to your NRCS. 5. Don’t assume that just because you have an existing pond that you can’t/shouldn’t ask for help. Professionals are out there just for these situations. Never modify an existing structure without first ensuring that it will be okay. 6. DO NOT destroy, damage, or otherwise alter any wetland that may be associated with a privately owned pond, even if it was man-made. Any wetland that is to be disturbed, either positively or negatively must have prior permission. The US Corps of Engineers is usually the best place to start for assistance as is the NRCS – especially if you are trying to improve or protect the wetland for future generations. 7. Keep your neighbors informed of your plans. Usually you will need consent from both upstream and downstream landowners before any pond(s) can be built. I’ve found that open and up front communication before you begin any project can prevent a lot of problems. 8. Do not assume that you can pump ground water into your pond/impoundment to keep it full during years of drought. There are different rules in different NRDs pertaining to this, check with them prior to taking this action. 9. Try at all times to maintain a minimum depth of at least 10-12 feet. The entire pond doesn’t need to be this deep but at least a forth to a third of a smaller impoundment should be at this minimum to prevent fish kills during winter. Keep in mind that as your structure ages it will silt in and your maximum depth will degrade over time. It would be a good idea to start substantially deeper than 10 feet if at all feasible. 10. Up-stream land practices will have a huge impact on water quality. Try to build only where there is a substantial amount of prairie or grassland/trees upstream. This will improve water quality and the health of your fishery. 11. Do not assume that your drainage is sufficient to sustain a pond. There are a lot of factors to take into consideration such as; slope, length of watershed, land uses (curve numbers), rainfall events, soil types, average rainfall and 1 -2- 5 & 10 year storms. I hope this helps everyone a little. I don’t want to dampen anyone’s spirits about private ponds but there are a lot of hoops that need to be jumped through to ensure that you will have a quality product in the end that is both enjoyable and legal. If you have specific questions either post them or PM me and I’ll try to help you out, at the very least I can point you in the right direction to get you started.

02-22-2008, 09:21 AM	#2 (permalink)
RatherBFishing Member Join Date: Sep 2006 Location: Where the Owls chase the Chickens Posts: 76 Thanks: 1 Thanked 1 Time in 1 Post	AJ, you seem well informed on this subject. Do you mind sharing how you became so versed on the subject? __________________ A good day at work will pay for a lot of bad days fishing!

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02-22-2008, 10:03 PM	#3 (permalink)
AJ Member Join Date: Feb 2007 Location: Lincoln, NE Certified Youth Fishing Instructor Posts: 89 Thanks: 4 Thanked 5 Times in 3 Posts	Mostly from work experience, some from associates who work in those fields as well. It's kind of interesting the things you learn/experience when you work with all those agencies and fish with friends who are employed by those agencies. Kind of get the inside scoop on a lot of stuff plus practical experience in dealing with these issues. Hope that satisfies your curiosity RatherBFishing.