Environmental Quality

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Environmental Quality


This was an actual letter from and a reply to the Michigan
  Department of Environmental Quality, State of Michigan:

  Mr. Ryan De Vries
  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 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

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THE 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.  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 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 supervised 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 first must 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 451of 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 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 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 dam office via another government
  organization -- the dam USPS. Maybe, someday, it will get
  there.

  Sincerely,
  Stephen L. Tvedten


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