Subject: Dept of Environmental Quality
This is an actual letter sent to a man named Ryan DeVries, by the
Michigan Department of Environmental Quality, State
of Michigan. (Pierson, MI is about 30 miles north of GR).
SUBJECT: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20;
Montcalm 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
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 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, 2002.
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.
This is the actual response sent back:
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.
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, 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.
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 articular
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
Michigan 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
1/31/2002? 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.
Sincerely,
Stephen L.Tvedten.
That is toooooo funny...