This is a true story and the
account of its investigation makes it even better…
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,
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
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
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.
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 1/31/2006? 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 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
