Beaver Dam Problem
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 49503-2341
John Engler, Governor
Department Of Environmental Quality
Hollister Building, PO Box 30473,
Lansing MI 48909-7973
Russell J. Harding, Director
December 17, 1997
CERTIFIED
Mr. Ryan DeVries
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 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 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
----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 you call 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 resourcefulness, 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 first dam
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 dam concern 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 humble 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
xc: PETA
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