This was an actual letter from and reply to the Michigan Department of
Environmental Quality.
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From: State of Michigan
Grand Rapids District Office
State Office Building 6th Floor 350 Ottawa NW Grand Rapids MI
49503-2341
CC:
John Engler, Governor
CC:
Department Of Environmental Quality Hollister Building, PO Box 30473,
Lansing MI 48909-7973 Russell J. Harding, Director
To:
December 17, 1997 CERTIFIED
Mr. Ryan DeVries
2088 Dagget Pierson, MI 49339
SUBJECT: DEQ File
No. 97-59-0023-1
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 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----
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 for
response. 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 Spring Pond.
While I did not pay for, nor authorize their dam project, I think they
would be highly offended by you calling their skillful use of natural
building materials "debris." I would like to challenge you 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 dam request the beavers first must fill out a dam permit prior
to the start of this type of activity, my first dam question to you
is: are you trying to discriminate against Spring Pond Beavers or do
you require all 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 - are the dam beavers entitled to dam 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 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 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 attention to your dam letter - being unable
to read English) be sure you read them their 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 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 to live and enjoy Spring Pond. So, as far as the
beavers and I are concerned, this dam case can be referred for more
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 dam response to your dam office.
Sincerely,
Stephen L. Tvedten
CC: PETA
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