Reply
Tue 29 Oct, 2002 12:56 am
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 DeVries 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 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
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 1/31/2002? 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 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.
Sincerely,
Stephen L.Tvedten.