life and real estate in Pagosa Springs, Colorado

The dam offender

This arrived in my e-mail yesterday.  Fortunately,  it is NOT a local Pagosa story … but too amusing not to share.

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 ofPennsylvania:

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 Jan uary 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 08/17/09 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..

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 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 them 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 1/31/2010? 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.

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
& THE DAM BEAVERS

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68 Echo Drive - sale pending

It’s never over ’til it’s over and these properties have not yet closed, but it’s an encouraging sign for our local real estate market to see so many under contract.   The average list price is $262,605.

Especially heartening is the observation that 6 of these homes are priced between $500,000-600,000.  Only 6 homes in this very depressed market segment sold during all of 2009, and the first one not until July.  This is a notable upstat for early in 2010.

This home at 68 Echo Drive is located on 5 acres in Loma Linda, about 6 miles south of Pagosa Springs.  It’s 3320 square feet, listed at $599,500.

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From the Pagosa Trails website - Plumtaw Road

Adventurous, athletic types check out this new website featuring trails near Pagosa Springs, pagosatrails.net

It’s creator is one of my most athletic friends, Tom Steen.  It’s a work in progress, but it’s already a very informative site that provides multi-sport trail descriptions, routes and maps.  The main headings are Mountain Bike Trails, Cross Bike Trails, Cross-Country Ski Trails, Running Trails and Road Bike Routes.

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January unit sales and $Volume in Millions

Only 7 homes and condos closed during January, with a total market value of $$2.52 million.  The average sale price was $360,429 and the median $187,000.

January sales volume was very bleak indeed but on a considerably brighter note, the six units that have closed to date in February already match the 6 sales for all of February, 2009, at higher prices.  February 2009 volume was $1.3 million and this years it’s already $2.1 million with half the month yet to go.  The median sale price last February was $219,050 and month-to-date this year it’s $374,000.  The upshot is that the middle-market is  beginning to thaw, even as the ground outside is still frozen solid, and sales are no longer restricted to the very low end of the market.

More encouraging still, there are currently 31 homes and condos pending sale.  These are under contract and actual sales prices won’t be public until they close, but the average list price is $290,328 and the median is $239,900.  It looks like buyers are finally taking action to capitalize on the opportunity of very low interest rates and some really great bargains being offered in this current Pagosa Springs market.

Vacant land sales are typically very slow at this time of year.  Inspecting land parcels is pretty much limited to snowshoes or snowmobile, and it’s not a great idea to buy land covered over with a heavy blanket of snow unless you already know what the terrain looks like underneath.  That said, 5 parcels of residential land under 50 acres closed in January, up from only 3 last year.  Prices of those few sales are also showing a lift, with the average sale price of $82,000 up from $25,333 last year and an increase in median price from $14,000 to $30,000.   There are also 9 parcels pending sale at an average list price of $198,977;  median is $115,000.   The vacant land market has been extremely hard hit during this recession, so it’s encouraging to see an uptick in sales so early in the new year.

Data is from the Pagosa Springs Area MLS – deemed reliable but not guaranteed.

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photo from the Wolf Creek Ski Area website

Pagosa is encased in snow after this last storm and there are few people shopping for real estate.  So, while the skiers and boarders are enjoying the powder, I’m taking this opportunity to drive cross country to visit my failing parents in Indianapolis.

When I return early February, I’ll take a look at some real estate stats for Pagosa Springs during January.

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