IJMC - It's Not Your Dam Problem
Really, it's not. It's all about the bears. I promise. The beavers are
just misunderstood, that's all. Course, since they don't speak any
English, that could be why they're misunderstood. Ok, at this point, I'm
no longer sure I'm speaking English, so I'm going to write a paper and go
to bed. Ugh. G'night all...have a good one. -dave
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
Department Of Environmental Quality
Hollister Building, PO Box 30473,
Lansing MI 48909-7973
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 trying 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
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