Attention: TDR Forum Junkies 
Subject: Unauthorized Dams
This was an actual letter sent to Ryan DeVries
from the Michigan Department of Environmental Quality, State of Michigan.
Wait till you read this guy's response-but read the letter before you
get to the response.
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 2002. 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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
RESPONSE
Dear Mr. Price,
Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County
Your certified letter dated 12/17/97 has been handed to me to respond to.
First of all, Mr. Ryan De Vries is not the legal landowner and/or
contractor at 2088 Dagget, Pierson, Michigan. I am the legal owner and a
couple of beavers are in the (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
natural 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 - pleae
contact the beavers - but if you are going to arrest them (they obviously
did not pay any attention to your dam letter 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 right 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 1/31/2002? 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 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.
Sincerely, Stephen L. Tvedten
This was an actual letter sent to Ryan DeVries
from the Michigan Department of Environmental Quality, State of Michigan.
Wait till you read this guy's response-but read the letter before you
get to the response.
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 2002. 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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
RESPONSE
Dear Mr. Price,
Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County
Your certified letter dated 12/17/97 has been handed to me to respond to.
First of all, Mr. Ryan De Vries is not the legal landowner and/or
contractor at 2088 Dagget, Pierson, Michigan. I am the legal owner and a
couple of beavers are in the (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
natural 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 - pleae
contact the beavers - but if you are going to arrest them (they obviously
did not pay any attention to your dam letter 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 right 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 1/31/2002? 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 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.
Sincerely, Stephen L. Tvedten
