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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 whodid 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, 2007.
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