OZARKS WATER WATCH TM
UWRB: Upper White River Basin Foundation

lakes in missouri

Ozark Waters

  Volume IV, Issue 20

                                
                           May 17, 2010
In This Issue
Check Out Our Archive
Feature Article:
Water coalition hires executive director
Fitness center water tainted with E coli
Grease clog to blame for waste in creek
Buffalo River Foundation

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Is it the Beavers' Dam or the Dam Beavers? 
 

In lieu of our usual column in the newsletter this week, we have included below correspondence last year between the Pennsylvania Department of Environmental Quality and a landowner named Ryan DeVries.  Although some might think that Pennsylvania's DEQ has simply given credence to one of the greatest lies of modern times ("I'm here from the government to help you!"), the real substance is Devries' wit and humor on behalf of his resident beavers' hapless enterprise.  Read the letters in order below and share the chuckles we enjoyed when this correspondence reached us.

 

John Moore            

 

                                                                   

   The Dam

beavers 1

This is an actual letter sent to a man named Ryan DeVries regarding a pond on his property. It was sent 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.   

State of Pennsylvania's letter to Mr. DeVries:

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, 2010. 
 
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 11/17/09 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 (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 nature's 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. 
  

beavers 2

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. 
 
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 dam concerns.  My first dam 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 them dam names.     
 
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.     
 
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 1/31/2010? The Spring Pond Beavers may be under the dam ice by then and there will be no way for you or your dam staff to contact/harass them. 
 
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 dam 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
 

 

 QUOTE OF THE WEEK

 "I fish all the time when I'm at home; so when I get a chance to go on vacation, I make sure I get in plenty of fishing."

  

 Thomas McGuane
"Fishing The Big Hole"
An  Outside Chance (1990)
 

  CURRENT NEWS ARTICLES

 

Water coalition hires executive director

May 11, 2010

Joplin Globe

 

Gail Melgren, coordinator of The Leadership Project at Missouri State University and chairwoman of the Future of Water Committee, both in Springfield, will be the first executive director of the Tri-State Water Resource Coalition.

 
Story continues here  
 

Fitness center water tainted with E. coli

Columbia Daily Tribune

May 11, 2010-05-12

 

JACKSON (AP) - A southeast Missouri fitness center is taking steps to address a suspected outbreak of E. coli that state health officials said might have sickened 14 people. The Missouri Department of Health and Senior Services said there have been five confirmed cases linked to Shawn McNally's Class Act Family Fitness business near Jackson. The agency said nine other people were probably infected. The Southeast Missourian of Cape Girardeau reported health officials found the bacteria Wednesday in water from the businesses well, which McNally believes was contaminated during rainstorms last month.

 
Story conitnues here 
 

Grease clog to blame for waste in creek-Overflow began Monday, continued until Tuesday; city completed cleanup.

Springfield News-Leader

May 13, 2010

 

A sewer line clogged with grease caused an estimated 3,000 to 4,000 gallons of wastewater to flow into a Springfield creek Tuesday, according to the Missouri Department of Natural Resources. The clog in a 10-inch sewer line occurred in the 1200 block of West Sunset Street and caused sewage to back up and escape from a manhole and into a ditch that leads to South Creek.

 

 

Story continues here

 
 

Buffalo River Foundation

The Buffalo River Foundation, devoted to protecting and conserving this remarkable Ozark stream, is having an informational meeting in Springfield on Thursday, June 10th, at the Doubletree Hotel in Springfield on North Glenstone Avenue at Kearney. The meeting will be from 6 to 8 pm that evening, and will feature a presentation on the Buffalo by Ken Smith. All interested are invited to attend. The Foundation asks folks to let them know if they plan to attend by calling 479-856-6698.
 
 

 

Contact Info
Upper White River Basin Foundation
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F: (417) 334-7645
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