Damming Evidence
This was an actual letter from and reply to the Michigan
Department of Environmental Quality, 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
Russell J. Harding, Director
Department of Environmental Quality
Hollister Building, PO Box 30473
Lansing, MI 48909-7973
December 17, 1997
CERTIFIED MAIL
Mr. Ryan DeVries
2088 Dagget
Pierson, MI 49339
Dear Mr. DeVries:
SUBJECT: DEQ File No.97-59-0023; T11N, R10W, Section 20; Montcalm
County
It has come to the attention of the Department of Environmental Quality
that there has been recent unauthorized activity at the above
referenced parcel of property. You have been certified as the legal
landowner and/or contractor who performed 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 file 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
Complied 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 location. 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 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 the
follow-up site inspection may be scheduled by our staff. Failure to
comply with this request or any further unauthorized activity 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
RESPONSE
Dear Mr. Price:
Re: DEQ File No.97-59-0023; T11N, R10W, Section 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 (unauthorized)
process of construction 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 that there
is no way you could ever match their dam skills, their dam
resourcefulness, their dam ingenuity, their dam persistence, or 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 the
State to conform to said dam request? If you are not discriminating
against
these particular beavers, through the Freedom of Information Act,
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 Complied 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) - be sure they are
read
the Miranda rights first. As for me, I am not going to cause more
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 the 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 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 Spring Pond. If the
Department of Natural Resources and Environmental Protection lives to
its
name, it should protect the natural resource (Beavers) and the
environment
(Beavers' Dams). So, as far as the beavers and I are concerned, this dam
case can be referred for a more elevated enforcement action right now.
Why
wait until 1/31/98? 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 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 be
investigating 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,
Steven L. Tvedten
cc: PETA
Leo Green 10/02/1998Categories: Slightly Smutty