“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, 2013. 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
Dear Mr. Price,
Your certified letter dated 11/17/12 has been handed to me. I am the legal landowner but not the Contractor at 2088 Dagget Lane, Trout Run, Pennsylvania.
A couple of beavers are in the 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. If you want the damed 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.
Boy, is that ever familiar: at my last house, there was a stream running through my back yard. Then the beavers showed up. The pond resulting from their work caused a neighbor upstream to come to my door to complain about "my beavers" that flooded his vegetable garden. Next up - yep, the Portland Bureau of "Environmental Services". They informed me that I could not trap and relocate the animals, nor could I shoot them. But I had to do something about their dam, as it was "impeding the free flow of water".
Yeah, that's a big help.
So, ever the cooperative guy, I took an axe to the dam. The beavers rebuilt it overnight.
Now they were starting to tick even me off.
i knew that beavers react to the sound of flowing water, so I got an eight-foot length of PVC pipe and a couple of 90-degee elbows.
Chopped a hole in the dam and laid in the pipe - with one elbow to drop water onto the back-side of the dam. Moved the rest of the pipe and elbow facing downward into the pond. Sure enough, water flowed quietly through the rig, and sure enough, the beavers plastered over the pipe at their dam. So it was part of their dam, but I could keep the water at a manageable level.
Made the neighbor happy and mollified BES.