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: Fw: dam problem



>>
>> This was an actual letter from and a reply to the Michigan Department
>> of Environmental Quality, State of Michigan:
>>
>> Mr. Ryan De Vries
>> 2088 Dagget
>> Pierson, MI 49339
>>
>> Dear Mr. DeVries:
>>
>> 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
>> 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
>> 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 stream 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
>>
>>
>> RESPONSE
>>
>> 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 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 (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
>> supervised their dam project, I think they would be highly offended
>> that you call their skillful 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 sourcefulness, 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
>> first must 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) -- be sure they are read the Miranda rights
>> first.  As for me, I am not going to cause more 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 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 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 1/31/98? 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 via another government organization - the dam
>> USPS.
>>
>> Maybe, someday, it will get there.
>>
>> Sincerely,
>>
>> Stephen L. Tvedten
>>
>>
>>
>>
>>
>>
>


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