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.


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