Dam Notice

obmar · Site Admin Joined: 14 Apr 2006 Posts: 5697

Date: Mar 14, 2008 1:41 PM
Subject: The Dam Notice

The Dam Notice

This is an actual letter sent 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. DeVries:

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.

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 permit 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 the 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 attention 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/harrass 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 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

Radiate_Truth · Joined: 18 Aug 2007 Posts: 1056