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Natural Resource and Environmental Protection

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THE DAM STORY

You gotta love the Government! 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 from the stream 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



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 12/17/97 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, nor supervise their dam project, I think

they would be highly offended that you call their skillful use of nature's 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. 30101to 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 1/31/1998?

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 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



:-laf
 
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