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  1. #1
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    India Brook dewatering

    You might want to check out this post on another site. I am familiar with the old diversion that was there to fill the pond about 500 feet below this spot. I'm sure that the pond owner has a dry pond now and was trying to get more water from the brook to fill it. However as you can see from the photos, he has pretty much diverted all the flow to his pond. I hope the DEP slaps this person with a huge one.

    https://www.njfishing.com/forums/sho...d.php?t=110481

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    Pete (2 Weeks Ago)

  3. #2
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    Re: India Brook dewatering

    Those are my photos and my GPS in them that you see. Yes, I am this landowner's biggest nightmare. Mendham Twp. is on the case, but not sure where DEP Enforcement stands. They never reached out which is highly unusual, since nobody at DEP has seen the photos I took yet. But with Mendham directly involved, I know DEP will be engaged as well. TU and Raritan Headwaters are also both fully involved and are following this up.

    For the record, one of our RVTU members reached out to me yesterday morning as he hiked the trail. He was planning to fish until he encountered this obvious illegal activity and he instead took some video and shot it off to me asking me to get involved. Things got a little heated for a short time when the landowner confronted me, but I remained on the public side so I couldn't be accused of trespassing. He admitted that he "had reached out to DEP, but he and the lady he spoke with didn't see eye to eye on his stream issues". So he obviously tried to get away with it instead, and now he faces both fines and remediation costs. And he may have lost any future diversion into his pond since he replaced on old pipe that was grandfathered in (before we had environmental laws) without any permits.

    A sinking fly is closer to Hell - ​Unknown

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    FIN-ITE 34 (2 Weeks Ago)

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    Re: India Brook dewatering

    With the trail running right next to the diversion, how in the world did he think he was going to get away with this?

    Sorry I didn't make the "BC" connection when I read the post. Give 'em hell Mr. C.


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    Re: India Brook dewatering

    Quote Originally Posted by FIN-ITE 34 View Post
    With the trail running right next to the diversion, how in the world did he think he was going to get away with this?

    Sorry I didn't make the "BC" connection when I read the post. Give 'em hell Mr. C.
    Oh, I'm going to be his worst nightmare. Headed back later today, in fact. With a contingent of watershed folks in tow. Hopefully by the end of the day, he's had the equivalent of a DEP enima if you know what I mean. That's C-1 trout production water, so he can't cut trees down that close to the river or at this time of year without a forestry plan approved and signed off on my the state. No chance he has that in place after owning the property for "about a month" as he told me. He filled State Open Waters which is likely the biggest fine coming his way. That dam he made to divert water is fresh bank soils, and that is now in the drinking water for between 2 and 3 million NJ residents downstream. I'm sure they are grateful for that mess.....

    And we have the stones from the bridge abutment. This is an historic structure in an historic area, so additional ass-reaming there. Then we have working without state and county (soil district) permits, working after September 15th when this work is not allowed until after March 15 due to wild trout spawning. We probably have encroachment onto town owned property, so damages will be paid to the town (see above "ass reaming"). I'm sure there will be more, but those should start to sting a bit and quickly.

    A sinking fly is closer to Hell - ​Unknown

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    Re: India Brook dewatering

    The quarry in G.G. got off relatively easily, I think, for what they did, and they dumped tons of silica dust into drinking water....I hope that isn't the case for this guy..

    "I'm not out on the river to win." -Kieth Rutherford

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    Re: India Brook dewatering

    Quote Originally Posted by lightenup View Post
    The quarry in G.G. got off relatively easily, I think, for what they did, and they dumped tons of silica dust into drinking water....I hope that isn't the case for this guy..
    If you call $1.5 million getting off easy, good for you! That doesn't include lawyer fees, and their lawyers were on site all day, every day. That was fines, cleanup, and a future restoration in lieu of additional fines.

    A sinking fly is closer to Hell - ​Unknown

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    Re: India Brook dewatering

    Quote Originally Posted by Rusty Spinner View Post
    If you call $1.5 million getting off easy, good for you! That doesn't include lawyer fees, and their lawyers were on site all day, every day. That was fines, cleanup, and a future restoration in lieu of additional fines.
    That's good to hear, they told us at the town meeting it was 50k...thats light for a large company...hopefully this guy gets the same business.

    "I'm not out on the river to win." -Kieth Rutherford

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    Re: India Brook dewatering

    Mendham Twp. is citing this landowner today for town violations. This will be on top of whatever the DEP does to him. He's apparently doing work on the house, cutting down half the forest, and other things including the illegal diversion into his pond. My guess is he didn't draw a single permit for any of the work.

    A sinking fly is closer to Hell - ​Unknown

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    Re: India Brook dewatering

    Permits? Permits? We dont need no stinking permits.

    To look good is to fish good

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    Re: India Brook dewatering

    Quote Originally Posted by WBDluver View Post
    Permits? Permits? We dont need no stinking permits.
    NJDEP Enforcement called me yesterday. I know several of these folks from various meetings at DEP and because we have to notice them before we initiate a stream restoration permit. The plot thickens as this landowner who purchased this property about a month ago reached out to DEP. He wound up talking to the very same person that today is his case person from DEP. She told him he could not do most of the things he wanted to do after he made a formal complaint to DEP that "his pond was too low". His pond had a grandfathered diversion pipe flowing out of the brook and into the pond, but during low flows in India Brook, no water flows into the pipe. We call it a drought or low flow time of year. Deal with it. After hearing he could not do what he wanted, he went over the head of that DEP employee to have a heated argument with her supervisor who once again told him NO. So he's got no place to run and hide and claim ignorance.

    A sinking fly is closer to Hell - ​Unknown

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    Re: India Brook dewatering

    Back in the day I fished India Brook a lot. Caught mostly brown trout, and one brookie...

    I would park in a lot adjacent to a huge soccer field,...

    Iíve tried to return to the same spot, but canít find it!!

    Iím assuming that access to India Brook is different today than it had been years ago when I fished he stream regularly.

    Yet for a soccer field to go missing?


  17. #12
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    Re: India Brook dewatering

    Quote Originally Posted by golden beetle View Post
    Back in the day I fished India Brook a lot. Caught mostly brown trout, and one brookie...

    I would park in a lot adjacent to a huge soccer field,...

    I’ve tried to return to the same spot, but can’t find it!!

    I’m assuming that access to India Brook is different today than it had been years ago when I fished he stream regularly.

    Yet for a soccer field to go missing?
    Sounds like Ralston Field off old route 24 which is the NBR. Just west of Roxiticus Road in Mendham Twp. (not Borough). It's the town fields behind their old fire house.

    A sinking fly is closer to Hell - ​Unknown

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