The
Dam Notice
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This
is an actual letter s ent to a man named Ryan DeVries regarding a pond
on his property. It was sent by
the Pennsylvania Department of
Environmental Quality, State of Pennsylvania. This guy's response is
hilarious, but read the State's letter before you get to the response
letter.
SUBJECT:
DEQ File No.97-59-0023; T11N; R10W, Sec. 20;
Lycoming County
Dear
Mr. DeVrie s:
It has come to the attention
of the Department of Environmental Quality that there has been recent
unauthorized activity on the above referenced parcel of
property. You have been certified as the legal landowner and/or
contractor who did the following unauthorized activity: Construction
and maintenance of two wood debris dams across the outlet stream of
Spring Pond.
A permit must be issued
prior to the start of this type of activity. A review of the
Department's files shows that no permits have been issued. Therefore,
the Department has determined that this activity is in violation of
Part 301, Inland Lakes and Streams, of the Natural Resource and
Environmental Protection Act, Act 451 of the Public Acts of 1994,
being sections 324.30101 to 324.30113 of the Pennsylvania Compiled
Laws, annotated.
The Department has
been informed that one or both of the dams partially failed during a
recent rain event, causing debris and flooding at downstream
locations.
We find that dams of this
nature are inherently hazardous and cannot be permitted.
The
Department therefore orders you to cease and desist all activities at
this location, and to restore the stream to a free-flow condition by
removing all wood and brush forming the dams from the stream channel.
All restoration work shall be completed no later than January 31,
2008.
Please
notify this office when the restoration has been completed so that a
follow-up site inspection may be scheduled by our staff. Failure to
comply with this request or any further unauthorized activity on the
site may result in this case being referred for elevated enforcement
action. We anticipate and would appreciate your full cooperation in
this matter. Please feel free to contact me at this office if you have
any
questions.
Sincerely,
David
L. Price
District Representative and Water
Management Division.
Here
is the actual response sent back by Mr.
DeVries:
Re:
DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Lycoming
County
Dear Mr.
Price,
Your certified letter
dated 11/25/07 has been handed to me to respond
to.
I am the legal landowner but not the
Contractor at 2088 Dagget Lane , Trout Run,
Pennsylvania
A couple of beavers are in the
(State unauthorized) process of constructing and maintaining two wood
"debris" dams across the outlet stream of my Spring Pond. While I did
not pay for, authorize, nor supervise their dam project, I think they
would be highly offended that you call their skillful use of natures
building materials "debris."
I would like to
challenge your department to attempt to emulate their dam project any
time and/or any place you choose. I believe I can safely state there
is no way you could ever match their dam skills, their dam
resourcefulness, their dam ingenuity, their dam persistence, their dam
determination and/or their dam work
ethic.
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These are the beavers/contractors you
are seeking. As to your request, I do not think the beavers are aware
that they must first fill out a dam perm it prior to the start of this
type of dam activity.
My first dam question
to you is:
(1) Are you trying to
discriminate against my Spring Pond Beavers,
or
(2) do you require all beavers throughout
this State to conform to said dam
request?
If you are not discriminating
against these particular beavers, through the Freedom of Information
Act, I request completed copies of all those other applicable beaver
dam permits that have been issued.
(Perhaps
we will see if there really is a dam violation of Part 301, Inland
Lakes and Streams, of the Natural Resource and
Environmental Protection Act, Act 451 of t he Public
Acts of 1994, being sections 324.30101 to 324.30113 of the
Pennsylvania Compiled Laws, annotated.)
I
have several concerns. My first concern is, aren't the beavers
entitled to legal representation? The Spring Pond Beavers are
financially destitute and are unable to pay for said representation --
so the State will have to provide them with a dam lawyer. The
Department's dam concern that either one or both of the dams failed
during a recent rain event, causing flooding, is proof that this is a
natural occurrence, which the Department is required to protect. In
other words, we should leave the Spring Pond Beavers alone rather than
harassing them and calling them dam
names.
If you want the stream "restored" to
a dam free-flow condition please contact the beavers -- but if you are
going to arrest them, they obviously did not pay any at tention to
your dam letter, they being unable to read
English.
In my humble opinion, the Spring
Pond Beavers have a right to build their unauthorized dams as long as
the sky is blue, the grass is green and water flows downstream. They
have more dam rights than I do to live and enjoy Spring Pond. If the
Department of Natural Resources and Environmental Protection lives up
to its name, it should protect the natural resources (Beavers) and the
environment (Beavers' Dams).
So, as far as
the beavers and I are concerned, this dam case can be referred for
more elevated enforcement action right now. Why wait until 1/31/2008?
The Spring Pond Beavers may be under the dam ice then and there will
be no way for you or your dam staff to contact/harass
them.
In conclusion, I would like to bring
to your attention to a real environmental quality, health, problem in
the area. It is the bears! Bears are actually defecating in our woods.
I definitely believe you should be persecuting the defecating/dumping
bears and leave the beavers alone. If you are going to investigate the
beaver dam, watch your step! The bears are not careful where they
dump!
Being unable to comply with your dam
request, and being unable to contact you on your dam answering
machine, I am sending this response to your dam
office.
THANK
YOU,
RYAN
DEVRIES
& THE DAM BEAVERS