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    Dam it

    May 31st, 2007

    I received this as an email from one of my sisters. I immediately called a friend who works in HR at the PA state Dept. of the Conservation of Natural Resources (DCNR) and she told me it is real though the names were changed …I guessed to protect some moron gub’mint clerk with the IQ of an after dinner mint. She concoured.

    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.

    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 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 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 then: and there will
    be no way for you or your dam staff to contact/harass them then.

    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


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