THE CORRIDOR
International Right of Way Association
Garden State Chapter 15   Issue No. 2  May 2006
Website: WWW.IRWANJ.ORG

EXECUTIVE BOARD
2006-2007

Lorraine Gorman, SR/WA
President

Stephanie Rankin, SR/WA
Vice President


R.J. Krueger
Secretary

Walter Scharfenberg, SR/WA
Treasurer                  

Kristina Hofmann Director 
& Membership

Dave Kook Director

William (Bill) Perry
/Professional Development


Robert RaVell
/Professional Development

Linda Beyer
Arrangements

President's Message 

I can’t believe our third Chapter meeting is just around the corner.    Where are the months going?   I think we’re all probably busier than ever, and that’s why the days and weeks are passing us by.  More and more I have to agree with the statement that the older you get, the faster time flies”, although I hate to agree to the first part of that statement.

We generally do not hold meetings during the summer months, so we wanted our May meeting to be a bit special since we won't meet again until the fall.  We’ve selected a restaurant that is centrally located and easy to get to – a fantastic location on the Navesink River with incredible food.   We have been there once before –   several years ago – in the middle of the winter, so we’re long overdue for a revisit to the Oyster Pointe Hotel in Red Bank.   This time of year is the perfect time to appreciate its location….the water….the boats…..the serenity of it all!!.   Not only should the restaurant itself be a draw, but if you want to gain a better perspective on  CONDEMNATION proceedings, this is a meeting you won’t want to miss!    

As you read through the newsletter, please pay particular attention to the EDUCATION section, as your input is essential in determining which course(s) we need to sponsor for YOUR BENEFIT.   Right now we don’t have anything in the works, so we want to make sure we select a course that will benefit the most members.

Dave Kook, as always, is looking for contributions to the Chapter newsletter.  If you have any articles the membership would find interesting, please forward to Dave.   Better yet, if you would like to use your creative writing skills, why not put together an article for the newsletter?   I’m sure we would all enjoy hearing about any work-related experiences that would enlighten us or just brighten our day with a little humor.   Think about the possibilities if each member submitted at least one article a year.   With a membership base of 80+, that would generate a lot of interesting reading……

I’m looking forward to seeing you all on the 24th….. Lorraine 


Chapter 15 2006 Meeting Schedule
Wednesday, May 24
Thursday, September 21
Thursday, November 9
Thursday, December 14


New Members
Chapter 15 would like to welcome
Thomas Costello, Todd Rutledge and Lori Springer. Tom is with Taylor Wiseman Taylor, Todd is a Right of Way Specialist and Lori is a Distribution Specialist.with JCP&L
The 52nd Annual IRWA Education Conference is being held in Denver this year. Check out details about this great event at http://www.irwaonline.org/news_events/annual/upload/CONFERENCE.pdf and submit your application at
http://www.irwaonline.org/news_events/annual/Online-Registration.cfm
REGION 4 NEWS
The Fall Forum will be held in Rehobeth Beach, Delaware October 3rd thru 5th.    Course #104 – Standards of Practice for the R/W Professional will be held on Tuesday, 10/3, with the business meeting taking place on Wednesday, 10/4,  and education sessions (TBA) on Thursday, 10/5.  Registration information will be available at our next Chapter meeting – or feel free to contact Lorraine for additional information

Region 4 Newsletter http://www.irwanj.org/REGION_4_NEWSLETTER_spring_06.htm
Call for Articles Do you have an opinion? Is something new and different happening
in your area of specialization? Do you feel an urge to share a better way to get the job
done? If you said yes to any of these, you could be a contributor. You don't have to
submit a full blown article, even an idea would be a great help in making this newsletter
better. If you would like to contribute to the newsletter, click here.
Educational Opportunities
You should have received the EDUCATION survey from Bill Perry a while back.  Unfortunately, Bill has had only a handful of responses to the survey, which is not enough for us to commit to sponsor a course.   Those of you who did respond indicated that you were looking for an “Appraisal” course, but we do need to generate more interest before we make any arrangements.  So, if anyone else is interested in an Appraisal course, please let Bill know.  (bill.perry@williams.com).

The IRWA has many courses and seminars in various right of way related fields.. Chapter 15 would be happy to sponsor a course. Typically, a minimum of 10 people are needed to break even. To see what courses IRWA has to offer, visit http://www.irwanj.org/IRWACourselist.htm To suggest a course or a possible course meeting location, use our feedback and questions link





For a little humor, consider the following letter from the Michigan Department of Environmental Quality regarding illegal dam construction and the owner's reply letter on the next pages



.

STATE OF MICHIGAN

Reply to: GRAND RAPIDS DISTRICT OFFICE STATE OFFICE BUILDING 6TH FLOOR
350 OTTAWA NW GRAND RAPIDS MI 49503-2341
JOHN ENGLER, Governor
DEPARTMENT OF ENVIRONMENTAL QUALITY
HOLLISTER BUILDING, PO BOX 30473, LANSING MI 48909-7973
INTERNET: http://www.deq.state.mi
RUSSELL J. HARDING, Director

December 17, 1997

CERTIFIED

Mr. Ryan DeVries 2088 Dagget Pierson, MI 49339

Dear Mr. DeVries:

SUBJECT: DEQ File No. 97-59-0023-1 T11N, R10W, Sec. 20, Montcalm County

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 show 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 Michigan Compiled Laws annotated. The Department has been informed that one or both of the dams partially failed during a recent rain event, causing debris dams 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 unauthorized 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 strewn channel. All restoration work shall be completed no later than January 31, 1998. 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 Land and Water Management Division


REPLY REPLY REPLY

Dear Mr. Price:

Re: DEQ File No. 97-59-0023; T11N, R10W, Sec 20; Montcalm County

Your certified letter dated 12/17/97 has been handed to me to respond to. You sent out a great deal of carbon copies to a lot of people, but you neglected to include their addresses. You will, therefore, have to send them a copy of my response.

First of all, Mr. Ryan DeVries is not the legal landowner and/or contractor at 2088 Dagget, Pierson, Michigan - I am the legal owner and 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, nor authorize, their dam project, I think they would be highly offended you call their skillful use of natural building materials "debris." I would like to challenge you to attempt to emulate their dam project any dam time and/or any dam place you choose. I believe I can safely state there is no dam 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 dam request the beavers first must fill out a dam permit prior to the start of this type of dam activity, my first dam question to you is: are you trying to discriminate against my Spring Pond Beavers or do you require all dam beavers throughout this State to conform to said dam request? If you are not discriminating against these particular beavers, please send me completed copies of all those other applicable beaver dam permits. 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 Michigan Compiled Laws annotated.

My first concern is - aren't the dam beavers entitled to dam legal representation? The Spring Pond Beavers are financially destitute and are unable to pay for said dam 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 dam flooding is proof we should leave the dam Spring Pond Beavers alone rather than harassing them and calling them dam names. If you want the dam stream "restored" to a dam free-flow condition - contact the dam beavers - but if you are going to arrest them (they obviously did not pay any dam attention to your dam letter-being unable to read English) - be sure you read them their dam Miranda rights first.

As for me, I am not going to cause more dam flooding or dam debris jams by interfering with these dam builders. If you want to hurt these dam beavers - be aware I am sending a copy of your dam letter and this response to PETA. If your dam Department seriously finds all dams of this nature inherently hazardous and truly will not permit their existence in this dam State - I seriously hope you are not selectively enforcing this dam policy, or once again both I and the Spring Pond Beavers will scream prejudice!

In my humble opinion, the Spring Pond Beavers have a right to build their dam unauthorized dams as long as the sky is blue, the grass is green, and water flows downstream. They have more dam right than I to live and enjoy Spring Pond. So, as far as I and the beavers are concerned, this dam case can be referred for more dam elevated enforcement action now. Why wait until 1/31/98? The Spring Pond Beavers may be under the dam ice then, and there will be no dam way for you or your dam staff to contact/harass them then. In conclusion, I would like to bring to your attention a real environmental quality (health) problem: bears are actually defecating in our woods. I definitely believe you should be persecuting the defecating bears and leave the dam 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.

Sincerely,
Stephen L. Tvedten


The source for the funny is located online at http://www.snopes.com/humor/letters/dammed.htm. and was suggested by one of our members (many thanks). The version from our member had been altered to be a Pennsylvania story. This is common with urban myths that often change details to make it easier for people to believe them.

The version of the letter in the newsletter is is actually based on a true story that happened in Michigan.

A full explanation is on the Snopes.com web site noted above, where you can also check out other urban legends, both true and (more often) false.

And if that isn't enough on beavers, check out this web site http://www.beaversww.org/solutions.html
This site explains how to build an enclosure around an outlet pipe to prevent beavers from damming it up and flooding adjoining roads. Pretty clever stuff and worth looking at if only to see how clever people can be at fooling mother nature.