(State’s 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
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, 2003.
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 12/17/02 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 (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 PondBeavers…. 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, Act451 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 them 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 1/31/2003 ? The Spring Pond
Beavers may be under the dam ice then and there will
be no way for you or your dam staff to 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.

Thank You,

Ryan DeVries & The Dam Beavers/me returns to vacation mode till Tuesday afternoon. See ya then with LOTS of pictures and a few stories ;)-=T=-