Forwarded Message! ----- Original Message ----- From: "James Killgore" <jkilgore@mediaone.net> To: <KILGORE-L@rootsweb.com> Sent: Thursday, August 23, 2001 7:14 AM Subject: {not a subscriber} RE: [KILGORE] Test > > Hello all you Kilgore's out there. This is a test from the best looking > Kilgore man in 250 years. > Have a great day. > > attached is for your amusement. Jim :-)) > > The following is a genuine hoot. This was an actual letter sent to Ryan > DeVries from the Michigan Department of Environmental Quality, State of > Michigan. > Wait till you read this guy's response - but read the entire letter before > you get to the response. > ------------------------------------------------------------ > > Mr. Ryan DeVries > 2088 Dagget Pierson, MI 49339 > 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, 1998. > > 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 12/17/97 has been handed to me > to respond to. > > First of all, Mr. Ryan De Vries is 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 skillful 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 324.30101 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 > 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 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 1/31/98? 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 > day 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. Box > 7367 Austin, TX 78713 > >