Dam
CERTIFIED MAIL
Mr. Ryan DeVries
2088 Dagget
Pierson. MI 49339
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 show 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 strewn 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
----Reply Letter----
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 DeVries 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, nor authorize
their dam project, I think they would be highly offended you call their skillful use of
natural building materials "debris."
I would like to challenge you to attempt to emulate their dam project any dam time
and/or any dam place you choose. I believe I can safely state there is no dam 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 dam request the beavers first must fill out a dam permit prior to the start
of this type of dam activity, my first dam question to you is: are you trying to
discriminate against my Spring Pond Beavers or do you require all dam beavers
throughout this State to conform to said dam request? If you are not discriminating
against these particular beavers, please send me completed copies of all those other
applicable beaver dam permits. 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.
My first concern is - aren't the dam beavers entitled to dam legal representation?
The Spring Pond Beavers are financially destitute and are unable to pay for said dam
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 dam flooding is proof we should leave the dam Spring Pond Beavers
alone rather than harassing them and calling their dam names. If you want the dam
stream "restored" to a dam free-flow condition - contact the dam beavers - but if you
are going to arrest them (they obviously did not pay any dam attention to your dam
letter-being unable to read English) - be sure you read them their dam Miranda rights
first.
As for me, I am not going to cause more dam 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 dam 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 dam
unauthorized dams as long as the sky is blue, the grass is green and water flows
downstream. They have more dam right than I to live and enjoy Spring Pond. So, as far
as I and the beavers are concerned, this dam case can be referred for more dam
elevated enforcement action now. Why wait until 1/31/98? The Spring Pond Beavers
may be under the dam ice then, and there will be no dam 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; bears are actually defecating in our woods. I definitely believe you
should be persecuting the defecating bears and leave the dam 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, xc: PETA