Anyone Else Get A DHEC

[Mars Bluff]

Letter about their pond dams? I received one & it asked for a reply. Never seen one before.

[Murray]

What did it say?

[DMP]

Had a customer tell me a couple months ago about DHEC and existing pond dams. Can't remember exactly what he told me but it wasn't good.

[Mars Bluff]

What did it say?

Said that mine was considered a "low hazard dam" & asked that I ck the box that applies which consisted of whether the dam was in good shape or not. Said over the next five years they would be evaluating the low hazard dams & determining if the classification needs to be changed.

I've had the place 10 or 12 years & never heard of this before.

[millero]

Until you posted about it on here, you could have ignored and denied receiving the letter.

[Timberman22]

Probably better than a letter from the Core.

[scatter shot]

reminds me of this letter-

http://www.propertyrightsresearch.or...am_builder.htm

STATE OF MICHIGAN

Reply to:

GRAND RAPIDS DISTRICT OFFICE
STATE OFFICE BUILDING 6TH FLOOR
350 OTTAWA NW
GRAND RAPIDS MI 49503-2341

JOHN ENGLER, Governor
DEPARTMENT OF ENVIRONMENTAL QUALITY
HOLLISTER BUILDING, PO BOX 30473, LANSING MI 48909-7973
INTERNET: http://www.deq.state.mi.us
RUSSELL J. HARDING, Director

December 17, 1997

CERTIFIED


Mr. Ryan DeVries
2088 Dagget
Pierson, MI 49339
Dear Mr. DeVries:
SUBJECT: DEQ File No. 97-59-0023-1 T11N, R10W, Sec. 20, Montcalm County
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 show 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 dams 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 strewn 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
616-356-0269
dlp:bjc
cc: LWMD, Lansing

MontcaImCEA
Pierson Township
Lieutenant Mary C. Sherzer, DNR LED

Reply:

Stephen and Rosalind Tvedten
2530 Hayes Street
Marne, MI 49435-9751
616-677-1261
616-677-1262 Fax
steve@getipm.com

1/6/98


David L. Price
District Representative
Land and Water Management Division
Grand Rapids District Office
State Office Bldg., 6th Floor
350 Ottawa, N.W.
Grand Rapids, MI 49503-2341
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. You sent out a great deal of carbon copies to a lot of people, but you neglected to include their addresses. You will, therefore, have to send them a copy of my response.
First of all, Mr. Ryan DeVries 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, nor authorize their dam project, I think they would be highly offended 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.
As to your dam request the beavers first must fill out a dam permit prior to the start of this type of dam activity, my first dam question to you is: are you trying to discriminate against my Spring Pond Beavers or do you require all dam beavers throughout this State to conform to said dam request? If you are not discriminating against these particular beavers, please send me completed copies of all those other applicable beaver dam permits. 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. My first concern is - aren't the dam beavers entitled to dam legal representation? The Spring Pond Beavers are financially destitute and are unable to pay for said dam 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 dam flooding is proof we should leave the dam Spring Pond Beavers alone rather than harassing them and calling their dam names. If you want the dam stream "restored" to a dam free-flow condition - contact the dam beavers - but if you are going to arrest them (they obviously did not pay any dam attention to your dam letter -- being unable to read English) - be sure you read them their dam Miranda first. As for me, I am not going to cause more dam flooding or dam debris jams by interfering with these dam builders. If you want to hurt these dam beavers - be aware I am sending a copy of your dam letter and this response to PETA. If your dam Department seriously finds all dams of this nature inherently hazardous and truly will not permit their existence in this dam State - I seriously hope you are not selectively enforcing this dam policy - or once again both I and the Spring Pond Beavers will scream prejudice!
In my humble opinion, the Spring Pond Beavers have a right to build their dam unauthorized dams as long as the sky is blue, the grass is green and water flows downstream. They have more dam right than I to live and enjoy Spring Pond. So, as far as I and the beavers are concerned, this dam case can be referred for more dam elevated enforcement action now. Why wait until 1/31/98? The Spring Pond Beavers may be under the dam ice then, and there will be no dam 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; bears are actually defecating in our woods. I definitely believe you should be persecuting the defecating bears and leave the dam 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.

Sincerely, Stephen L.Tvedten

[Mars Bluff]

Letter also stated that if you have a dam on your property, that you are required to let them know in writing within 30 days after selling or transferring property. First I've heard of this also.

[Murray]

I do not deal with dams very much, but here is a quick summary of what I "think I know"

Most of the "dam regs" are found here:

http://www.scdhec.gov/Agency/docs/water-regs/r72-1.pdf

Dams that meet certain criteria (dam height, hazard potential, etc) have to be permitted.

Smaller dams are exempt from permitting. (generally all dams less that 25ft in height)

Dams that require permitting are classified as high hazard, significant hazard, and low hazard.

High hazard and significant hazard require more engineering (hydraulic calcs, breach analysis, emergency action plan, etc, etc)

In the regulations it says DHEC can check to make sure the hazard class has not changed due to downstream development.

I'm not sure what happens if they change the hazard classification...

[JABIII]

I am. You can be forced to redesign your dam to account for the high hazard classification. When presented with the choice, I have opted to go with high hazard the first time around and spend the money once if there is any chance that something downstream may lead to reclassification.

[Goin Coastal]

Dam it! Can't have anything any more.

[Murray]

Dam it! Can't have anything any more.

The dam regs have been in place (and mostly unrevised) since the mid 90s

[Murray]

I am. You can be forced to redesign your dam to account for the high hazard classification. When presented with the choice, I have opted to go with high hazard the first time around and spend the money once if there is any chance that something downstream may lead to reclassification.

high hazard dams require annual inspections from DHEC, in addition to other maintenance requirements. Doesn't seem like the best choice...

[JABIII]

Doesn't seem like the best choice...

If that's your nature, go for it...