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<blockquote data-quote="Babagounj" data-source="post: 1807805" data-attributes="member: 12952"><p><span style="font-size: 22px"><strong>Rancher fights $16 million EPA fine for building pond</strong></span></p><p></p><p>“But EPA regulators have decided they know better than the law,” Wood continued. “By trying to seize control of Andy Johnson’s land – and threatening him with financial ruin – they are imposing their will where they have no authority. Ironically, EPA is attempting to destroy a scenic environmental asset that provides habitat for fish and wildlife, and cleans water that passes through it, all in the name of enforcing the Clean Water Act.”</p><p></p><p>The pond was created in 2013 by building a dam across an intermittent stream. It provides a more reliable water source for Johnson’s horses, cattle and other livestock.</p><p></p><p>The legal team, which is seeking a court’s declaration that the pond is exempt from EPA oversight and a cancellation of the compliance order along with an injunction preventing future arguments, said that Johnson had obtained from Ray and Susan Kagel, experts in stream and wetland restoration and mitigation, reports that the dam actually improves the habitat in the area.</p><p></p><p>Their reports explained there were “numerous” environmental benefits from the creation of wetlands and riparian vegetation areas as well as habitat for migratory birds, fish and wildlife.</p><p></p><p>Even the water draining off the property was cleaner than the water entering, they said.</p><p></p><p>“In addition to providing water for his livestock, the pond has been an environmental boon,” said Ray Kagel, a former Army Corps of Engineers enforcement officer and environmental consultant.</p><p></p><p>Among the beneficiaries have been moose and bald eagles.</p><p></p><p>“According to tests by an independent lab, the water flowing out of Andy’s pond is three times cleaner than the water entering his pond,” Kagel noted. “And the suspended solids in the nearest navigable waterway – the Green River – are 41 times greater than in Andy’s pond, which means that Andy’s pond is significantly cleaner than the downstream river that’s allegedly affected.”</p><p></p><p>The Clean Water Act specifically exempts “construction or maintenance of farm or stock ponds.”</p></blockquote><p></p>
[QUOTE="Babagounj, post: 1807805, member: 12952"] [SIZE=6][B]Rancher fights $16 million EPA fine for building pond[/B][/SIZE] “But EPA regulators have decided they know better than the law,” Wood continued. “By trying to seize control of Andy Johnson’s land – and threatening him with financial ruin – they are imposing their will where they have no authority. Ironically, EPA is attempting to destroy a scenic environmental asset that provides habitat for fish and wildlife, and cleans water that passes through it, all in the name of enforcing the Clean Water Act.” The pond was created in 2013 by building a dam across an intermittent stream. It provides a more reliable water source for Johnson’s horses, cattle and other livestock. The legal team, which is seeking a court’s declaration that the pond is exempt from EPA oversight and a cancellation of the compliance order along with an injunction preventing future arguments, said that Johnson had obtained from Ray and Susan Kagel, experts in stream and wetland restoration and mitigation, reports that the dam actually improves the habitat in the area. Their reports explained there were “numerous” environmental benefits from the creation of wetlands and riparian vegetation areas as well as habitat for migratory birds, fish and wildlife. Even the water draining off the property was cleaner than the water entering, they said. “In addition to providing water for his livestock, the pond has been an environmental boon,” said Ray Kagel, a former Army Corps of Engineers enforcement officer and environmental consultant. Among the beneficiaries have been moose and bald eagles. “According to tests by an independent lab, the water flowing out of Andy’s pond is three times cleaner than the water entering his pond,” Kagel noted. “And the suspended solids in the nearest navigable waterway – the Green River – are 41 times greater than in Andy’s pond, which means that Andy’s pond is significantly cleaner than the downstream river that’s allegedly affected.” The Clean Water Act specifically exempts “construction or maintenance of farm or stock ponds.” [/QUOTE]
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