This is
an actual letter sent to a man named Ryan DeVries by the
Michigan Department of Environmental Quality. Ryan’s
response is hilarious, but read the State's letter
before you get to this.
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, 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
The
response follows:
Re: DEQ 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
skilful 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 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.
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 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