Precise letter by the Michigan Division of Environmental High quality

Michigan Department of Environmental Quality.jpg

Expensive Mr. DeVries:

It has come to the eye of the Division of Environmental High quality that there was current unauthorized exercise on the above referenced parcel of property. You’ve got been licensed because the authorized landowner and/or contractor who did the next unauthorized exercise:

Development and upkeep of two wooden particles dams throughout the outlet stream of Spring Pond

A allow should be issued previous to the beginning of the sort of exercise. A evaluate of the Division’s information reveals that no permits have been issued. Subsequently, the Division has decided that this exercise is in violation of Half 301, Inland Lakes and Streams, of the Pure Useful resource and Environmental Safety Act, Act 451 of the Public Acts of 1994, being sections 324.30101 to 324.30113 of the Michigan Compiled Legal guidelines, annotated.

The Division has been knowledgeable that one or each of the dams partially failed throughout a current rain occasion, inflicting particles and flooding at downstream areas. We discover that dams of this nature are inherently hazardous and can’t be permitted. The Division due to this fact orders you to stop and desist all actions at this location, and to revive the stream to a free- movement situation by eradicating all wooden and brush forming the dams from the stream channel. All restoration work shall be accomplished no later than January 31, 2003.

Please notify this workplace when the restoration has been accomplished so {that a} follow-up website inspection could also be scheduled by our employees. Failure to adjust to this request or any additional unauthorized exercise on the positioning might outcome on this case being referred for elevated enforcement motion. We anticipate and would recognize your full cooperation on this matter.

Please be happy to contact me at this workplace you probably have any questions.

Sincerely,

David L. Value District Consultant Land and Water Administration Division

Expensive Mr. Value:

Your licensed letter dated 12/17/02 has been handed to me to reply to. I’m the authorized landowner however not the Contractor at 2088 Dagget, Pierson, Michigan. A few beavers are within the (State unauthorized) means of establishing and sustaining two wooden” particles” dams throughout the outlet stream of my Spring Pond. Whereas I didn’t pay for, authorize, nor supervise their dam mission, I believe they might be extremely offended that you just name their skilful use of natures constructing supplies “particles.” I wish to problem your division to aim to emulate their dam mission any time and/or anywhere you select. I consider I can safely state there isn’t any approach you can ever match their dam abilities, their dam resourcefulness, their dam ingenuity, their dam persistence, their dam dedication and/or their dam work ethic.

As to your request, I don’t assume the beavers are conscious that they have to first fill out a dam allow previous to the beginning of the sort of dam exercise. My first dam query to you is: (1) Are you making an attempt to discriminate towards my Spring Pond Beavers or (2) do you require all beavers all through this State to evolve to stated dam request? If you’re not discriminating towards these specific beavers, by way of the Freedom of Data Act, I request accomplished copies of all these different relevant beaver dam permits which have been issued. Maybe we’ll see if there actually is a dam violation of Half 301, Inland Lakes and Streams, of the Pure Useful resource and Environmental Safety Act, Act 451 of the Public Acts of 1994, being sections 324.30101 to 324.30113 of the Michigan Compiled Legal guidelines, annotated.

I’ve a number of considerations. My first concern is – aren’t the beavers entitled to authorized illustration? The Spring Pond Beavers are financially destitute and are unable to pay for stated illustration – so the State must present them with a dam lawyer. The Division’s dam concern that both one or each of the dams failed throughout a current rain occasion inflicting flooding is proof that this can be a pure prevalence, which the Division is required to guard. In different phrases, we should always go away the Spring Pond Beavers alone slightly than harassing them and calling their dam names. If you need the stream “restored” to a dam free-flow situation please contact the beavers – but when you will arrest them, they clearly didn’t pay any consideration to your dam letter – they being unable to learn English.

In my humble opinion, the Spring Pond Beavers have a proper to construct their unauthorized dams so long as the sky is blue, the grass is inexperienced and water flows downstream. They’ve extra dam rights than I do to stay and revel in Spring Pond. If the Division of Pure Sources and Environmental Safety lives as much as its identify, it ought to defend the pure sources (Beavers) and the surroundings( Beavers’ Dams). So, so far as the beavers and I are involved, this dam case will be referred for extra elevated enforcement motion proper now. Why wait till 1/31/2003? The Spring Pond Beavers could also be beneath the dam ice then and there might be no approach for you or your dam employees to contact/harass them then.

In conclusion, I wish to deliver to your consideration to an actual environmental high quality (well being) drawback within the space. It’s the bears! Bears are literally defecating in our woods. I undoubtedly consider you ought to be persecuting the defecating bears and go away the beavers alone. If you will examine the beaver dam, watch your step! (The bears aren’t cautious the place they dump!) Being unable to conform along with your dam request, and being unable to contact you in your dam answering machine, I’m sending this response to your dam workplace.

THANK YOU

RYAN DEVRIES + THE DAM BEAVERS

 

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