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State of Pennsylvania 's letter to Mr. DeVries:
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, 2007.
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 12/17/06 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.. [pictures not available] 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 dam concerns. My first dam 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 damed 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 1/31/2007? The Spring Pond Beavers may be under the dam ice by 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 bears and leave the beavers alone. If you are going to investigate
the beaver dam, watch your dam 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
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