FW: Correspondence with Michigan Departm (fwd)

I am told this is a real letter and real response from the State of
Michigan

I am not convinced.....you make the call

Andy



>
>
>
>Mr. Ryan De Vries
>2088 Dagget
>Pierson, MI 49339
>
>
>Dear Mr. DeVries:
>
>SUBJECT: DEQ File No. 97-59-0023-1 T11N, R10W, Sec. 20, Montcalm County
>
>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 unauthorized
>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   
strewn
>channel. 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
>
>
>
>
>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
>You sent out a great deal of carbon copies to a lot of people, but you
>neglected to include their addresses. You will, therefore, have to send
>them
>a copy of my response.
>
>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 (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 supervised their dam
>project,
>I think they would be highly offended that you call their skillful us of
>natural building materials "debris." I would like to challenge you
>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 first
>must 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-being unable to read
>English) -- be sure they are read the Miranda rights first.
>
>As for me, I am not going to cause more flooding or dam debris jams by
>interfering with these dam builders. If you want to hurt these dam
>beavers-be aware I am sending a copy of your dam letter and his
>response
>to PETA. If your dam Department seriously finds all dams of this nature
>inherently hazardous and truly will not permit their existence in this
>State-I seriously hope you are not selectively enforcing this dam
>policy - or once again both I and the Spring Pond Beavers will scream
>prejudice!
>
>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
>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 1/31/98? 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 via another government organization - the dam USPS. Maybe,
>someday,
>it will get there.
>
>Sincerely,
>
>Stephen L. Tvedten
>
>cc: PETA