This is an actual letter sent to a
man named Ryan DeVries by the
Michigan Department of Environmental Quality, State of Michigan.
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 1 to 3 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:
Dear Mr. Price,
Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County.
Your certified letter dated 10/17/02 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" 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
1 to 3 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 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.
Ryan DeVries