|
The following are perported to be actual letters, from the Michigan DEQ, and from landowner Ryan DeVries:
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 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
---------------------------------------------------------------------------------
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" 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 nature's 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
|
FAQ
Search
Register
Login
