From Jim Willis -
[email protected]
The Tiergarten Sanctuary Trust
The following is an actual letter sent to Ryan DeVries
from the Michigan Department of Environmental Quality, State of
Michigan, and his response.
Mr. Ryan DeVries
Pierson, MI 49339
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, 2002.
Please notify this office when the restoration has been completed so
that our staff may schedule a follow-up site inspection. 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. First of all, Mr. Ryan De Vries is not the legal
landowner and/or contractor at (address). 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
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 (they
obviously did not pay any attention to your dam letter 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 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 1/31/2002? 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.
Go on to Billy
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