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Post by Gold Seeker on May 11, 2015 5:35:44 GMT -5
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Post by uregold on May 11, 2015 12:04:00 GMT -5
they can have it. not much gold there anymore. still cool though. glad to see something is happening.
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Post by uregold on May 11, 2015 16:41:32 GMT -5
I just read the whole thing. very interesting indeed... id like to see what happens with all this. id also like to show support in whatever way I can. however they are claiming the uwharrie river is a navigable river. it is not a navigable river in fact in the summer it drys up to a trickle. if they are going to use that as an argument then this will most likely go nowhere.
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Post by Gold Seeker on May 11, 2015 19:33:35 GMT -5
A river/stream doesn't have to be navigable all year for it to be classified a "Navigable Waterway", it only has to be navigable at some point during year to the point that logs, rafts, boats, canoes, or other commerce etc. can navigate it or been used historically to move goods during high water up or down river, e.g. logs, rafts, boats, canoes, etc., hence a "highway" of the past.
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Post by uregold on May 12, 2015 5:37:39 GMT -5
then that would mean any waterway would be navigable. a small 1 foot wide creek could get high enough to float a canoe down after a 100 year storm. I disagree. the uwharrie river is not navigable. I would say over 3 quarters of the year you cant even get a kayak down that river. theres no way you would have any commercial commerce on uwharrie river. it wasn't even used for that back in the day because the river would not support that kind of travel.
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Post by uregold on May 12, 2015 5:41:48 GMT -5
the only rivers deemed navigable are rivers like the cape fear or peedee. those kind of rivers can be traveled on easily and sustain commercial commerce.
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Post by kruzman on May 13, 2015 15:23:54 GMT -5
NC has ruled that ALL waterways are considered navigable and owned by the state IF you can float a log, canoe, raft, kayak, tube, etc. down it even if only seasonally. However the state USED to be able to GIVE that ownership to an individual. The individual would have to show that the state granted them explicit ownership of the waterway and all the land between its outer banks prior to that practice being made illegal in order to claim ownership. NC property rights do NOT extend to the rivers and streams in most cases, regardless of what you might see on a city/county plat. In most cases, it skips over to the opposite bank. If as a property owner you dislike that, buy property in a different state (most likely not on the east coast). NC law on this is consistent with many east coast states.
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Post by uregold on May 13, 2015 17:06:26 GMT -5
then I guess the side ditches down my driveway are considered navigable since they float logs all the time when it rains lol.
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Post by Gold Seeker on May 13, 2015 19:50:20 GMT -5
then I guess the side ditches down my driveway are considered navigable since they float logs all the time when it rains lol. At one time I had either a link or a file on my computer that showed all the Navigable Waterways in N.C., tried to find it last night, I'll post it if I find it. As far as your ditches or concerned I don't think they would make the grade, since they aren't naturally connected to other waterways, BUT on another note give the EPA enough time and they will be claiming all water holding areas, even ditches, ponds, puddles, etc. one way or other under the Clean Water Act as "Waters of the United States". |
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Post by uregold on May 14, 2015 6:16:52 GMT -5
one of them does have a natural spring that runs year round. according to what I have been told that would make it navigable.
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