Subject: FW: Dam Builders
>
> > This was the letter sent by and actual reply to the Michigan
> > Department of Environmental Quality.
> >
> > -----Original Message-----
> > 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
> > DEPARTMENT OF ENVIRONMENTAL QUALITY
> > HOLLISTER BUILDING, PO BOX 30473,
> > LANSING MI 48909-7973
> > INTERNET: deq.state.mi us
> > RUSSELL J. HARDING, Director
> >
> > December 17, 1997
> > CERTIFIED
> > Mr. Ryan DeVries
> > 2088 Dagget
> > Pierson, MI 49339
> >
> > Dear Mr. DeVries:
> >
> > SUBJECT: DEQ File No. 97-59-0023-1 T11N,
> > R10W, Sec. 20, Montcalm County
> >
> > 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 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 strewn 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
> >
> >
> > ----Reply Letter----
> >
> > 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. 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 (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, nor authorize their dam
> > project, I think they would be highly offended you call their
> skillful use
> > of natural building materials "debris." I would like to challenge
> you to
> > attempt to emulate their dam project any dam time and/or any dam
> place you
> > choose. I believe I can safely state there is no dam 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 dam request the beavers first must fill
> out a
> > dam permit prior to the start of this type of dam activity, my first
> dam
> > question to you is: are you going to discriminate against my Spring
> Pond
> > Beavers or do you require all dam beavers throughout this State to
> conform
> > to said dam request? If you are not discriminating against these
> > particular beavers, please send me completed copies of all those
> other
> > applicable beaver dam permits.
> >
> > 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.
> >
> > My first concern is - aren't the dam beavers
> entitled to
> > dam legal representation? The Spring Pond Beavers are financially
> > destitute and are unable to pay for said dam 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 dam flooding is
> proof
> > we should leave the dam Spring Pond Beavers alone rather than
> harassing
> > them and calling their dam names. If you want the dam stream
> "restored" to
> > a dam free-flow condition - contact the dam beavers - but if you are
> going
> > to arrest them (they obviously did not pay any dam attention to your
> dam
> > letter-being unable to read English) - be sure you read them their
> dam
> > Miranda rights first.
> >
> > As for me, I am not going to cause more dam 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 this dam 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 dam unauthorized dams as long as the sky is
> blue, the
> > grass is green and water flows downstream. They have more dam right
> than I
> > to live and enjoy Spring Pond. So, as far as the beavers and I are
> > concerned, this dam case can be referred for more dam elevated
> enforcement
> > action now. Why wait until 1/31/98? The Spring Pond Beavers may be
> under
> > the dam ice then and there will be no dam 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; bears are actually
> defecating
> > in our woods. I definitely believe you should be persecuting the
> > defecating bears and leave the dam 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
> > xc: PETA |
