This is purported to be actual letter sent to a man named Ryan
DeVries by the Michigan Department of Environmental Quality,
State of Michigan. Wait till you read this guy's response-but read
the State's letter before you get to the response letter.
SUBJECT: DEQ File No.97-59-0023; 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
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, 2002.
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
This is the actual response sent back:
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. I am the legal landowner but not the Contractor at
2088 Dagget, Pierson, Michigan. 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 natures 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 they being unable to read
English.
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
rights 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 1/31/2002? 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 to 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 dam office.
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