[mobglob-discuss] How to deal with a government bureaucracy :o)

[Graeme Bacque]

------------forwarded message------------
Date: Sat, 17 Aug 2002 00:47:04 +0000
To: laurim at cybrnet.net
From: laurim at mycybernet.net
Subject: Fwd

This is a copy of an actual letter sent to Ryan DeVries, from the Michigan 
Department of Environmental Quality, State of Michigan and the response.

Mr. Ryan DeVries 2088 Dagget Pierson, MI 49339

SUBJECT: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Site Location: 
MontcalmCounty

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, 2002.

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



RESPONSE

Dear Mr. Price,

Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County

Your certified letter dated 12/17/2001 has been referred to me to respond 
to. First of all, Mr. Ryan De Vriesis 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 skilful 
use of natural 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 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 324.30101to 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 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 right than I do to live in 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 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 via another government organization - the dam USPS. Maybe, someday, 
it will get there.

Sincerely,

Stephen L. Tvedten
The University of Texas at: Austin Office Community Relations/Accounting 
Unit P.O. Box7367 Austin, TX78713