[AT] Beaver Dams

[DAVIESW739 at aol.com]

I have a large beaver dam just above my property  line feeding my pond which 
is man made. so this is very interesting to me. It  may be an urban legend but 
it is  funny.
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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 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. 

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. 

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 


Walt Davies
Cooper Hollow  Farm
Monmouth, OR 97361
503 623-0460