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dam related story

Post in 'DIY and General non-hearth advice' started by mariacw, May 6, 2010.

  1. mariacw

    mariacw New Member

    Joined:
    Apr 17, 2007
    Messages:
    43
    Loc:
    Maryland, Central MD
    In another forum someone was asking what to do about dam troubles I don't have a solutions but I have a cute story.
    This is an actual letter sent to a man named Ryan DeVries 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 yo u 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, 2006.

    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 12/17/02 has been hande d 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 th ey 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 o f 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
    Compil ed 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 their 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 opi nion, 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, t

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  2. ROBERT F

    ROBERT F Minister of Fire

    Joined:
    Sep 2, 2009
    Messages:
    547
    Loc:
    CENTRAL COLORADO
    Dam right! not that I love beavers, but I love idiots that cant tell one dam dam from another even less. what would be worse is when he destroys the dam, then gets fined for destroying a natural habitat.

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