This is an actual letter sent to a man named Ryan DeVries by
the Michigan Department of Environmental Quality, State of Michigan.
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:
Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County
Dear Mr. Price,
Your certified letter dated 12/17/97 has been handed to me to
respond to.
I am the legal landowner but not the Contractor at 2088 Dagget, Pierson, Michigan.
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 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.
John H.B. Smith
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