Johnson family pond

Government Harassment: $75,000-a-day Fine for Family Pond

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By Barnini Chakraborty

All Andy Johnson wanted to do was build a stock pond on his sprawling eight-acre Wyoming farm. He and his wife Katie spent hours constructing it, filling it with crystal-clear water, and bringing in brook and brown trout, ducks and geese. It was a place where his horses could drink and graze, and a private playground for his three children.

But instead of enjoying the fruits of his labor, the Wyoming welder says he was harangued by the federal government, stuck in what he calls a petty power play by the Environmental Protection Agency. He claims the agency is now threatening him with civil and criminal penalties – including the threat of a $75,000-a-day fine.

The government says he violated the Clean Water Act by building a dam on a creek without a permit from the Army Corps of Engineers. Further, the EPA claims that material from his pond is being discharged into other waterways. Johnson says he built a stock pond — a man-made pond meant to attract wildlife — which is exempt from Clean Water Act regulations.

The property owner says he followed the state rules for a stock pond when he built it in 2012 and has an April 4-dated letter from the Wyoming State Engineer’s Office to prove it.

Johnson says he was “bombarded by hopelessness” when he first received the administrative order from the EPA. He then turned to state lawmakers who fast-tracked his pleas to Wyoming’s two U.S. senators, John Barrasso and Mike Enzi, and Louisiana Sen. David Vitter.

The Republican lawmakers sent a March 12 letter to Nancy Stoner, the EPA’s acting assistant administration for water, saying they were “troubled” by Johnson’s case and demanding the EPA withdraw the compliance order.

The EPA order on Jan. 30 gave Johnson 30 days to hire a consultant and have him or her assess the impact of the supposed unauthorized discharges. The report was also supposed to include a restoration proposal to be approved by the EPA as well as contain a schedule requiring all work be completed within 60 days of the plan’s approval.

The EPA told FoxNews.com that it is reviewing the senators’ letter. “We will carefully evaluate any additional information received, and all of the facts regarding this case,” a spokeswoman for the agency said.

Regardless of the outcome, Johnson says his legal fight with the government agency is a teachable moment for his kids

Read more: FoxsNews.com

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