>Subject: The Dam Builders > >The Law is the Law >This is an actual letter sent to a man named Ryan DeVries by the Michigan >Department of Environmental Quality, State of Michigan. This guy's response >is hilarious, 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, >2003. >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: ** > Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County. > Dear Mr. Price, > Your certified letter dated 12/17/02 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" dam 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 1/31/2003? 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. > Thank You, > Ryan DeVries & The Dam Beavers >