permaculture

["John Schinnerer" <john@eco-living.net>]

Aloha,

No apologies at all for this forward.  This is just too...um, ah, *darn*
funny, real or not.

Hi ho,
John S.

------------------------------ Original Message ------------------------------
Subject: [essa] Problems with building with natural materials
From:    max57tbird@att.net
Date:    Thu, August 7, 2003 8:20 pm
To:      essa@csf.colorado.edu
------------------------------------------------------------------------------

Subject: Unauthorized Activiity


This is an actual letter sent to a man named Ryan
De Vries 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





** 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 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

-----------------------------------


John Schinnerer - MA, Whole Systems Design
------------------------------------------
- Eco-Living -
Cultural & Ecological Designing
People - Place - Learning - Integration
john@eco-living.net
http://eco-living.net