It has come to the attention of...




This was an actual letter from and reply to the Michigan Department of
Environmental Quality.



State of Michigan Reply To:
   Grand Rapids District Office
   State Office Building 6th Floor
   350 Ottawa NW
   Grand Rapids  MI  49403-2341
   John Engler, Governor
   Russell J. Harding, Director
   Department Of Environmental Quality
   Hollister Building, PO Box 30473
   Lansing MI  48909-7973

December 17, 1997

CERTIFIED

Mr. Ryan DeVries
2088 Dagget
Pierson, MI  49339
SUBJECT:   DEQ File No. 97-59-0023-1 T11N, R10W,  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 sections 324.30101 to 324.30113 of the Michigan Complied 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 steam to free-flow condition
by removing all wood and brush forming the dams from the strewn 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 he 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

---------Reply Letter-----------Reply Letter-----------Reply Letter---------

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 DeVries 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, nor authorize their dam project, I think they
would be highly offended by your calling their skillful use of natural
building materials "debris."  I would like to challenge you to attempt to
emulate their dam project any dam time and/or any dam place you choose. I
believe I can safely state there is no dam way you could ever match their
dam skills, their dam resourcefullness, their dam ingenuity, their dam
persistence, their dam determination and/or their dam work ethic.  As to
your dam request the beavers first must fill out a dam permit prior to the
start of this type of dam activity, my question to you is:  are you trying
to discriminate against my Spring Pond Beavers or do you require all dam
beavers throughout this State to conform to said dam request?  If you are
not discriminating against these particular beavers, please send me
completed copies of all those other applicable beaver dam permits.  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.

   My first concern is - aren't the dam beavers entitled to dam legal
representation?  The Spring Pond Beavers are financially destitute and are
unable to pay for said dam representation - so the State will have to
provide them with a dam lawyer.

   The Department's position that either one or both of the dams failed
during a recent rain event causing dam flooding is proof we should leave
the dam Spring Pond Beavers alone rather than harassing them and calling
their dam names.  If you want the dam stream "restored" to a dam free-flow
condition - contact the dam beavers - but if you are going to arrest them
(they obviously did not pay any dam attention to your dam letter - being
unable to read English) - be sure you read them their dam Miranda rights
first.  As for me, I am not going to cause more dam 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 dam 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 opinion, the Spring Pond Beavers have a right
to build their dam unauthorized dams as long as the sky is blue, the grass
is green and water flows downstream.  They have more dam right than I to
live and enjoy Spring Pond.

    So, as far as the beavers and I are concerned, this dam case can be
referred for more dam elevated enforcement action now.   Why wait until
1/31/98?  The Spring Pond Beavers may be under the dam ice then and there
will be no dam 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; bears are actually defecating in
our woods.  I definitely believe you should be persecuting the defecating
bears and leave the dam 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.

   Sincerely,

   Stephen L. Tvedten

   cc:PETA (People for the Ethical Treatment of Animals)
   

 
   
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