> Hi Rikk,
Thought you might like this. If you think it is appropriate you can submit
it to the MV list. I'm
too new to be able to decide if it is appropriate.
Bruce
>
> The Dam
>
> The following is a genuine hoot. This was an actual letter sent to Ryan De
> Vries from The Michigan Department
> of Environmental
> Quality, State of Michigan. Wait till you read this guy's response - but read
> the entire letter before you get to the
> response.
> -----------------------------------------------------------------
>
> Mr. Ryan De Vries
> 2088 Dagget
> Pierson, MI 49339
>
> Dear Mr. De Vries:
> SUBJECT: DEQ File No. 97-59-0023; 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 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 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
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
> RESPONSE
>
> 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. First of all, Mr. Ryan De Vries 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, 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 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, 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 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
> this State, I seriously hope you are not selectively enforcing this dam policy
> or once again both the Spring Pond
> Beavers and I 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 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
> 1/31/98? 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 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 day office via another
> government organization - the dam
> USPS. Maybe, someday, it will get there.
>
> Sincerely,
>
> Stephen L. Tvedten
>
> There certainly is more here than meets the eye! I think the big old,
> yeelow school bus is not such a bad idea. Of course, this will irritate
> your neighbors more than the city....
>
> Joe Garrett
> cell 425-344-1402
>
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This archive was generated by hypermail 2b29 : Sun Sep 02 2001 - 11:15:41 PDT