Dam the Man

This is an actual letter sent to a man named Ryan DeVries by the
Michigan Department of Environmental Quality, State of Michigan.


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 show 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, 2005.

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:

Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County.

Dear Mr. Price,

Your certified letter dated 12/17/04 has been handed to me to respond in regarding to the above mentioned file. I am the legal landowner but not the Contractor at 2088 Dagget, Pierson, Michigan.

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 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 Co implied Laws, annotated.

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

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