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Creek washing away yard
#3886968
03/29/23 08:18 PM
03/29/23 08:18 PM
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Joined: Oct 2016
Posts: 1,188 Chilton County
modoc_333
OP
6 point
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OP
6 point
Joined: Oct 2016
Posts: 1,188
Chilton County
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I live out in the country in Chilton county. On the south side of my property is a creek. It runs for a few miles each way, has a couple of creeks that feed into it, and ultimately dumps into another that works its way to the Little Cahaba. The creek is usually almost not moving past my property and is less than a foot deep. The creek bed is about 8 feet deep at my place. When we bought the place it was fine. It would rise with rains but stay in the banks. Then the guy that owned the woods behind me clear cut the land because he had money trouble. Shortly after that he committed suicide. Now that the land is clear cut, the creek gets a lot more run off. When it rains really hard the 8 foot creek bed floods and the lower part of my property has up to 6 feet of RUSHING water flowing across it. Yeah, that's about 14 feet higher than normal. And the bank keeps washing away so I am gradually losing land. Can the county engineer help? A few years ago I had them come and dig out the ditch on the road because it had filled in and was dumping into my yard.
-Keith
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Re: Creek washing away yard
[Re: modoc_333]
#3886995
03/29/23 09:15 PM
03/29/23 09:15 PM
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Joined: Oct 2006
Posts: 7,809 Montgomery, AL
Hunting-231
14 point
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14 point
Joined: Oct 2006
Posts: 7,809
Montgomery, AL
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I fear that your issue (in getting any help) may be that the creek ultimately feeds the Little Cahaba. Waterways are pretty stringently protected from damming, diverting, or otherwise modifying the flow. Even though the creek is on your property - you don't own the water or the dirt underneath it (assuming it is a tributary). Based on what someone with either the state or county told my friend.
Last edited by Hunting-231; 03/29/23 09:20 PM.
"The struggle you're in today, is developing the strength you need for tomorrow."
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Re: Creek washing away yard
[Re: Hunting-231]
#3887019
03/29/23 09:59 PM
03/29/23 09:59 PM
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Joined: Oct 2016
Posts: 1,188 Chilton County
modoc_333
OP
6 point
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OP
6 point
Joined: Oct 2016
Posts: 1,188
Chilton County
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I fear that your issue (in getting any help) may be that the creek ultimately feeds the Little Cahaba. Waterways are pretty stringently protected from damming, diverting, or otherwise modifying the flow. Even though the creek is on your property - you don't own the water or the dirt underneath it (assuming it is a tributary). Based on what someone with either the state or county told my friend. But the flow has already been HEAVILY modified by the clear cut. We went from about 5 feet higher to almost 15 feet higher. And as soon as it leaves my yard it crosses under a bridge that could now be damaged. It seems like they would care about all of that extra water flowing in and the possible road damage
-Keith
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Re: Creek washing away yard
[Re: scrubbuck]
#3887020
03/29/23 09:59 PM
03/29/23 09:59 PM
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Joined: Oct 2006
Posts: 7,809 Montgomery, AL
Hunting-231
14 point
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14 point
Joined: Oct 2006
Posts: 7,809
Montgomery, AL
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The creek will most likely be regulated by the US Army Corps of Engineers.
If I remember correctly, that is who told my friend the news - since the creek fed the Tallapoosa River.
"The struggle you're in today, is developing the strength you need for tomorrow."
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Re: Creek washing away yard
[Re: scrubbuck]
#3887021
03/29/23 10:00 PM
03/29/23 10:00 PM
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Joined: Jan 2014
Posts: 1,173 Black Belt
fourfive45
6 point
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6 point
Joined: Jan 2014
Posts: 1,173
Black Belt
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The County Engineer will most likely only be able to help you on the road right-of-way. I doubt Chilton County has any authority over the creek. The creek will most likely be regulated by the US Army Corps of Engineers. Make certain you know what you’re getting into before calling them. The result is generally not in your favor. There is no regulation against your neighbor harvesting his timber. If he dammed or diverted the stream to cause you impact, then that would be different.
Bottom line is all creeks and streams naturally flood, erode, and migrate over time. You might could get permitted to stabilize the bank, but it would probably be on your dime.
Great, factual response
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Re: Creek washing away yard
[Re: modoc_333]
#3887022
03/29/23 10:03 PM
03/29/23 10:03 PM
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Joined: Oct 2006
Posts: 7,809 Montgomery, AL
Hunting-231
14 point
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14 point
Joined: Oct 2006
Posts: 7,809
Montgomery, AL
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I fear that your issue (in getting any help) may be that the creek ultimately feeds the Little Cahaba. Waterways are pretty stringently protected from damming, diverting, or otherwise modifying the flow. Even though the creek is on your property - you don't own the water or the dirt underneath it (assuming it is a tributary). Based on what someone with either the state or county told my friend. But the flow has already been HEAVILY modified by the clear cut. We went from about 5 feet higher to almost 15 feet higher. And as soon as it leaves my yard it crosses under a bridge that could now be damaged. It seems like they would care about all of that extra water flowing in and the possible road damage I certainly don't know the answers and I hope that it works out for you - I would start with the county engineer, but it may be that his/her hands are tied based on the federally mandated laws in regards to water.
"The struggle you're in today, is developing the strength you need for tomorrow."
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Re: Creek washing away yard
[Re: modoc_333]
#3887023
03/29/23 10:04 PM
03/29/23 10:04 PM
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Joined: Jan 2014
Posts: 1,173 Black Belt
fourfive45
6 point
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6 point
Joined: Jan 2014
Posts: 1,173
Black Belt
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I fear that your issue (in getting any help) may be that the creek ultimately feeds the Little Cahaba. Waterways are pretty stringently protected from damming, diverting, or otherwise modifying the flow. Even though the creek is on your property - you don't own the water or the dirt underneath it (assuming it is a tributary). Based on what someone with either the state or county told my friend. But the flow has already been HEAVILY modified by the clear cut. We went from about 5 feet higher to almost 15 feet higher. And as soon as it leaves my yard it crosses under a bridge that could now be damaged. It seems like they would care about all of that extra water flowing in and the possible road damage It’s not more water. It’s the same water, it just occupies a different area due to scour/fill of the creek. You said the creek was 8’ before the clearcut. Imagine all that sediment from the clearcut now filling in. Is it still 8’ deep? If not, that water now has to go somewhere. It used to be restrained to the banks, but may not be anymore.
Last edited by fourfive45; 03/29/23 10:07 PM.
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Re: Creek washing away yard
[Re: modoc_333]
#3887057
03/30/23 04:39 AM
03/30/23 04:39 AM
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Joined: Jun 2016
Posts: 1,372 lauderdale co
brushwhacker
8 point
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8 point
Joined: Jun 2016
Posts: 1,372
lauderdale co
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Army corp of engineers control flow of water . Call them first . Usually no help there. ADEM suppose help in situations like this if damaging property. Probably gonna have stabilize creek bank with some filter stone an u pay for it if on your property. Seen it done many times . Cost gonna be according to how long creek bank area is washing . $500 a triaxle dump truck load in my area . I would not all call anyone if I could afford to fix it myself . Ask forgiveness easier than permission as long as you don t slow flow of water . It’s your property.
Brushwacker
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Re: Creek washing away yard
[Re: modoc_333]
#3887082
03/30/23 06:40 AM
03/30/23 06:40 AM
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Joined: Nov 2005
Posts: 3,859 Jasper
buckhunter2
10 point
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10 point
Joined: Nov 2005
Posts: 3,859
Jasper
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If the clearcut is the only reason for the issue, it should rectify itself within a few years as new growth is established. Assuming regrowth is occurring.
You’ll spend a fortune trying to mitigate the effects of an extra 14’ of water, if it’s really that much higher now.
You're only as good as your worst shot-
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Re: Creek washing away yard
[Re: modoc_333]
#3887087
03/30/23 06:45 AM
03/30/23 06:45 AM
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Joined: Aug 2001
Posts: 65,236 Luverne, AL
Skinny
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 65,236
Luverne, AL
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Gravity will win, sorry brother, just cash the place in and move on.
Never Trust Government
"You can be broke but you cant be poor." Ruthie-May Webster
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Re: Creek washing away yard
[Re: fourfive45]
#3887116
03/30/23 07:50 AM
03/30/23 07:50 AM
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Joined: Dec 2014
Posts: 3,390 FL
daylate
10 point
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10 point
Joined: Dec 2014
Posts: 3,390
FL
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I’m addition, this last rain event produced an enormous amount of rain. You may not see an event like that again in 50 years. But it could happen next week too. This. I had a property that had a drainage running through the middle of it. After no issues for many years, we got over a foot of rain in half a day and that drainage turned into a raging river. Washed away all of my backyard in one day.
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Re: Creek washing away yard
[Re: modoc_333]
#3887125
03/30/23 08:13 AM
03/30/23 08:13 AM
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Joined: Jan 2017
Posts: 3,631 Lower Alabama
Andalusia
10 point
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10 point
Joined: Jan 2017
Posts: 3,631
Lower Alabama
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I would be VERY hesitant to get the government involved!! Once that genie is out of the bottle you can't put her back in! They may tell you you can't do anything and then if you try to sell you would have to disclose to potential buyers!
Not sure how many feet of creek you are dealing with but if not a huge amount you can put in a "seawall" with pilings and boards and then backfill to level your yard. Or just go with Rip Rap to hold your soil. Use stone and not broken concrete because concrete will float.
"If you are the smartest person in the room, you're in the wrong room"
"How you do Anything, is how you do Everything"
"It is the mark of an educated mind to be able to entertain a thought without accepting it"
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Re: Creek washing away yard
[Re: C3SEAST]
#3887155
03/30/23 09:06 AM
03/30/23 09:06 AM
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Joined: Nov 2011
Posts: 21,818 USA
Remington270
Freak of Nature
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Freak of Nature
Joined: Nov 2011
Posts: 21,818
USA
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Did the loggers leave a SMZ? Great question.
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