Another clash with authority

This is a copy of an actual letter sent to Ryan DeVries, from theMichigan Department of Environmental Quality, State of Michigan. Wait until you read this guy's response - but read the entire letter before you get to the response.Mr. Ryan DeVries2088 DaggetPierson, MI 49339SUBJECT: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20;Site Location: Montcalm County

Dear Mr. DeVries:

It has come to the attention of the Department of Environmental Qualitythat there has been recent unauthorized activity on the above referencedparcel of property. You have been certified as the legal landownerand/or contractor who did the following unauthorized activity:Construction and maintenance of two wood debris dams across the outletstream of Spring Pond.A permit must be issued prior to the start of this type of activity. Areview of the Department's files shows that no permits have been issued.Therefore, the Department has determined that this activity is inviolation of Part 301, Inland Lakes and Streams, of the Natural Resourceand Environmental Protection Act, Act 451 of the Public Acts of 1994,being sections 324.30101 to 324.30113 of the Michigan Compiled Lawsannotated.The Department has been informed that one or both of the dams partiallyfailed during a recent rain event, causing debris and flooding atdownstream locations. We find that dams of this nature are inherentlyhazardous and cannot be permitted.The Department therefore orders you to cease and desist all activitiesat this location, and to restore the stream to a free-flow condition byremoving 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 sothat a follow-up site inspection may be scheduled by our staff. Failureto comply with this request or any further unauthorized activity on thesite may result in this case being referred for elevated enforcementaction.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. PriceDistrict RepresentativeLand and Water Management Division

RESPONSE:

Dear Mr. Price,Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20;Montcalm CountyReference your certified letter dated 12/17/2000 has been referred to meto respond to. First of all, Mr. Ryan De Vries is not the legallandowner and/or contractor at 2088 Dagget, Pierson, Michigan.I am the legal owner and a couple of beavers are in the (Stateunauthorized) 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, Ithink they would be highly offended that you call their skillful use ofnatural building materials "debris." I would like to challenge yourdepartment to attempt to emulate their dam project any time and/or anyplace you choose. I believe I can safely state there is no way you couldever match their dam skills, their dam resourcefulness, their damingenuity, their dam persistence, their dam determination and/or theirdam work ethic.As to your request, I do not think the beavers are aware that they mustfirst fill out a dam permit prior to the start of this type of damactivity. 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 saiddam request?If you are not discriminating against these particular beavers, throughthe Freedom of Information Act I request completed copies of all thoseother applicable beaver dam permits that have been issued. Perhaps wewill see if there really is a dam violation of P! art 301, Inland Lakesand Streams, of the Natural Resource and Environmental Protection Act,Act 451 of the Public Acts of 1994, being sections 324.3010,1 to324.30113 of the Michigan Compiled Laws, annotated. I have severalconcerns. My first concern is aren't the beavers entitled to legalrepresentation?The Spring Pond Beavers are financially destitute and are unable to payfor said representation - so the State will have to provide them with alawyer.The Department's dam concern that either one or both of the dams failedduring a recent rain event causing flooding is proof that this is anatural occurrence, which the Department is required to protect. Inother words, we should leave the Spring Pond Beavers alone rather thanharrass them and call their dam names. If you want the stream "restored"to a dam free-flow condition - please contact the beavers - but if youare going to arrest them they obviously did not pay any attention toyour dam letter (being unable to read English).In my humble ! opinion, the Spring Pond Beavers have a right to buildtheir unauthorized dams as long as the sky is blue, the grass is greenand water flows downstream. They have more dam right than I do to liveand enjoy Spring Pond. If the Department of Natural Resources andEnvironmental Protection lives up to its name, it should protect thenatural resources(Beavers) and the environment (Beavers' Dams).So, as far as the beavers and I are concerned, this dam case can bereferred for more elevated enforcement action right now. Why wait until1/31/2002 The Spring Pond Beavers may be under the dam ice then, andthere will be no way for you or your dam staff to contact/harass themthen.In conclusion, I would like to bring to your attention a realenvironmental quality (health) problem in the area. It is the bears.Bears are actually defecating in our woods. I definitely believe youshould be persecuting the defecating bears and leave the beavers alone.If you are going to investigate the beaver dam, watch your step! (Thebears are not careful where they dump!)Being unable to comply with your dam request, and being unable tocontact you on your answering machine, I am sending this response toyour office via another government organization - the USPS. Maybe,someday, it will get there.Sincerely,Stephen L. TvedtenThe University of Texas at: AustinOffice Community Relations/Accounting unitP.O. Box 7367Austin, TX 78713