[GeoStL] NGR- Dam Beavers:
- From: "GC-RGS" <gc-rgs@xxxxxxxxxx>
- To: "GC-maillist" <geocaching@xxxxxxxxxxxxx>
- Date: Wed, 25 Feb 2004 08:26:43 -0600
This is a little OT but is a funny story. It's been around for a while but some
of you may not have seen it. Myotis, were you involved with this one? :-)
Subject: Michigan Dept. of Environmental Quality
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This is an actual letter sent to a man named Ryan DeVries by the Michigan
Department of Environmental Quality, State of Michigan. This guy's response
is hilarious, but read the State's letter before you get to the response
letter.
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 in 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
* * Here is the actual response sent back by Mr. DeVries * *
** Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County.
Dear Mr. Price,
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 process of constructing and
maintaining two wood "debris" dams across the outlet stream of my Spring Pond.
While I did not pay for,
authorize, or supervise their dam project, I think they would be highly
offended
that you call their skilful use of natures 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 occur-
rence, 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, they 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 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. It is the bears! 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.
THANK YOU.
RYAN DEVRIES & THE DAM BEAVERS
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