But, it's a beautiful flood.
Posted on 08/25/2005 5:31:51 PM PDT by legalhelp1
csx flooding
Get some beavers
The Law is the Law.
This is an actual letter sent to a man named Ryan DeVries by the
Michigan Department of Environmental Quality, State of Michigan. This
guy's response is hilarious, but read the State's letter before you get to
the response 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 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, 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
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 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 1/31/2003? The
Spring Pond Beavers may be under the dam ice then and there will be no
way for you or your dam staff to 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.
Thank You,
Ryan DeVries & The Dam Beavers
I'd check to see if an "Environmental Impact Study" had been properly completed before they 'did this' otherwise, they could be in a heap of trouble from other than yourself as well ...
How interesting.
Is your beeber stuned?
Thanks for posting that. Haven't seen it in years : )
You registered tomorrow to troll for free legal advice?
legalhelp1
Since Aug 26, 2005
Why would you think the person is a troll? Maybe your beeber is set on zoink.
It's an obscure and obtuse vanity by someone who signed up today regarding someone's own isolated personal problem. I wasn't saying it was a troll, I was saying "Hey, It's an obscure and obtuse vanity by someone who signed up today regarding someone's own isolated personal problem."
Thus sounds like something my dad would write. He's good at such things. I recall he once complained to a state agency about something and called them "niggardly". The respone he got was amusing.
That is a classic! Thanks for posting it. (Wonder what happened to the beavers and the dam nazis?)
You are welcome
Just trying to help the guy out ;^)
But, it's a beautiful flood.
I was the one who said he was trolling. Actually, my guess is that it is a freeper who is embarrassed to post this under his regular handle.
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