Mr. Ryan DeVries
2088 Dagget
Pierson, MI 49339
December 17, 2002
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
[Response sent back.]
Dear Mr. Price,
Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County
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 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 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, be aware that they
obviously did not pay any attention to your dam letter due to
inability 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 a real
environmental quality (health) problem in the area: 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 day office via another dam government organization - the USPS.
Maybe, someday, it will get there.
Sincerely, Stephen L. Tvedten
The University of Texas at Austin