Sunday, July 25, 2010

Re: Damn ruptures in Iowa

Rain isn't a natural disaster.

Yeah, right. Tell it to ANY flood victim, then run.

  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 and the Dam Beavers



On Sat, Jul 24, 2010 at 11:40 PM, studio <tlack@hotmail.com> wrote:
On Jul 25, 1:13 am, THE ANNOINTED ONE <markmka...@gmail.com> wrote:
> Not that I'm a big Georgie girl fan but I had no idea that he was/is
> responsible for natural disasters. Thats giving him way too much
> credit.

Rain isn't a natural disaster.
Failing to repair infrastructure isn't a natural disaster either.
It's another man made disaster made famous by a very typical
Republican agenda of deregulation and private ownership.

> Since the dam was built by the local electric company "in the 20's" ...

Not sure who owns the dam now, but deregulation was big on Bush Jr's.
and Republican agenda.

Let me know if anyone is held responsible for not maintaining the dams
integrity.
Never mind, no one will be despite any lawsuits to the contrary.

In NJ, it's illegal for private entities to own dams.
I know about this from personal experience.
The owner of a restaurant I frequent had a dam on her property...
the state said she had to fix it (huge expense she couldn't afford) or
be fined a huge amount of money for non-compliance (which she couldn't
afford either).
She could not get insurance for any possible personal injury that
might happen associated with the dam.

The solution was for her to give the dam and the property to the
state.
The state then tore the dam down, cleaned up the waterway, assumed
liability risk, put boulders in place, and planted new trees. This
allowed the water to flow freely again and returned it to it's natural
state.
It made the waterway look 100% better, and the owner didn't really
lose anything.

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Mark M. Kahle H.

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