Posted by Nancy on April 11, 1999 at 12:23:39:
This was an actual letter from and reply to the Michigan
Department of Environmental Quality, State of Michigan. It's
too funny not to share. Enjoy.
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 reference 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 file show 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 (state ?
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, 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 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
Hugs and a smile, Nancy