Is there a reply? I'm falling over, laughing! Does this sound like
AP, or what? Gotta love 'em, is all I can state! Thanks, I needed
that! Great to see you posting!
SB
--- In AsburyPark@yahoogroups.com, "Skip Bernstein" <[EMAIL PROTECTED]> wrote:
>
> 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
