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, 2006< /st1:date>.
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 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 1/31/2006? 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
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