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Author Topic: Dam Laws  (Read 3599 times)
Saucer
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« on: November 12, 2003, 12:33:34 am »

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 the State unauthorized
contractors 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 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
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Captain Southbird (EHOL Creator)
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« Reply #1 on: November 12, 2003, 09:40:50 am »

XD

Anything come of this?  :P
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Dub vs. Sub, let's keep quiet about it.
Saucer
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« Reply #2 on: November 12, 2003, 10:58:44 pm »

Quote
XD

Anything come of this?  :P

Yes. The bears were found to be violating the Patriot Act by defecating in the woods and were arrested on charges of attempt to commit acts of terrosism.








Just kidding
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