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/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 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