Note: Whether
the following is true or not, in this day and age, it certainly is not beyond
the realm of possibility. While
some might consider the response somewhat crude, it was deserved.
Unauthorized Dam Building
Mr. Ryan DeVries
2088 Dagget
Pierson, MI 49339
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, 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
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 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.
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, 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
1/31/1998? 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
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