Beavers, Bears, and the law

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Among other things I am a father, grandfather, brother, uncle and fortunate member of a large and loving family without a throw-away in the bunch. Now a writer of quips, essays and short stories, I started serious writing and my first novel at age 70. A chemical engineering graduate of Purdue University in 1949, I am a dreamer who would like to be a poet, a cosmologist, a true environmentalist and a naturalist. I've become a lecturer on several subjects. That's my little buddy, Charlie, with me in the photo. He's an energetic, very friendly Lhasa Apso born in September, 2003. He's a good one!

Saturday, January 21, 2006

What we need is more bureaucracy!

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 first.

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, 2006.

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 and Water Management Division.

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Response sent back by Mr. DeVries:
Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County.

Dear Mr. Price,

Your certified letter dated 07/19/2005 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 1/31/2006? 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

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Here are a few observations prompted by the above which I received recently by email.

It has been said that truth is stranger than fiction, to which I might add (especially in this case), truth is funnier than fiction. I will also add a serious tone to this by noting it is an example of the kind of things we Americans face at the hands of a ponderously overgrown and still growing, monstrously inept, totally self absorbed government peopled with anal retentive, busy-body lawyers with no sense of reality and far too much time on their hands. This bloated bureaucracy serves mostly its own members, many of whom couldn’t hold a productive job in the private sector because of their poor education, nonexistent work ethic, or combination of both. The only groups of sorrier, more questionable and more self-serving humans I can think of are our elected officials, and the Federal Congress in particular. This includes members of all political parties.

It is amazing to me that our republic has endured for so long at the hands of scoundrels and brigands. This is particularly true since these multitudinous, unproductive bureaucratic "Jabba the Huts" drain increasing amounts of hard-earned cash from the pockets of the ordinary, hard working, harder pressed populace who have no access to and little control over these monsters. Sadly, our supposedly watchdog media are more enthralled with ratings and promoting their own self protection, agenda, income and status than in exposing the real corruption and waste within these Frankenstein creations, the Hydras of government. I say this with due respect and apologies to the tiny percentage of government employees who actually do work, care and probably produce 99.9% of the effectiveness of government. I would wager that we could eliminate close to 99% of government jobs and the nation would move on forward with hardly a ripple noticeable by non-government individuals.

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