Landowner Sets Record Straight
In Controversy Over Dam Permit(Editors
note: The story behind this exchange of letters is almost
self-explanatory, but not quite. The first missive was a
Dec. 17, 1997 "cease and desist" order to a
Michigan landowner, the second his reply to that
states Department of Environmental Quality. It came
to our attention some time ago and we had fun with it
then, but we didnt have access to the full text of
the reply; now we do, thanks to Max Hartmann, Doss,
Texas. We thought our readers would get a chuckle out of
it, and chuckles are hard to come by in the livestock
industry these days.)
Dear Sir,
It has come to the attention of the Department of
Environmental Quality that there has been recent
unauthorized activity on the 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 unauthorized 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, 1998.
And in reply...
To the Department of Environmental Quality:
I am the legal owner of the property in question, 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 nor authorize their
dam project, I think they would be highly offended if you
call their skillful use of natural building materials
"debris." I would like to challenge you to
attempt to emulate their dam project any dam time and/or
any dam place you choose. I believe I can safely state
there is no dam 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.
If you want the dam stream "restored" to a
free-flow condition contact the dam beavers
but if you are going to arrest them (they obviously did
not pay any attention to your dam letter being
unable to read English) be sure you read them
their dam Miranda rights first. As for me, I am not going
to cause more dam flooding or dam debris jams by
interfering with these dam builders.
In conclusion, I would like to bring to your attention
a real environmental quality (health) problem
bears are actually defecating in our woods. I definitely
believe you should be prosecuting 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!)
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