This was an actual letter sent from the Michigan Department of
Environmental
Quality, State of Michigan. Wait until you read the response - but read
the entire letter before you get there!
LETTER
Mr. Ryan De Vries
2088 Dagget Pierson, MI 49339
SUBJECT: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm
County
Dear Mr. De Vries:
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.
District Representative
Land and Water Management Division
RESPONSE
Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm Count
Dear Mr.
Your certified letter dated 12/17/97 has been handed to me to
respond to.
First of all, Mr. Ryan De Vries 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 natural 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 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
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, 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 right than I do to
live and enjoy said 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 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 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 via another government organization - the dam USPS.\
Maybe, someday, it will get there.
Sincerely,
Stephen L.
Aggrieved citizen
