THE DAM ISSUE
No idea if this is made up
or genuine...
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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
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Re: DEQ File No. 97-59-0023;
T11N; R10W, Sec. 20;
Montcalm County
Dear Mr. Price,
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 (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 skilful 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 damwork 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). 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 1/31/2002? 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 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.
Sincerely,
Stephen L.Tvedten. |