Cosby
05-21-2003, 07:57 PM
> Just a case of government regulations - that is absurd!!!!
>
> Dam Permit :
> This is an actual letter sent to a man named Ryan DeVries by the
> Michigan Department of Environmental Quality, State of Michigan. Wait till
> you read this guy's response-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 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
> -----------------------------------------
>
> This is the actual response sent back:
>
> Dear Mr. Price,
> Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County.
> Your certified letter dated 10/17/02 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 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 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 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 to 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.
>
> Ryan DeVries
>
> Dam Permit :
> This is an actual letter sent to a man named Ryan DeVries by the
> Michigan Department of Environmental Quality, State of Michigan. Wait till
> you read this guy's response-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 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
> -----------------------------------------
>
> This is the actual response sent back:
>
> Dear Mr. Price,
> Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County.
> Your certified letter dated 10/17/02 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 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 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 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 to 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.
>
> Ryan DeVries