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The Dam Permit—

The mystery of Land Patents unveiled.

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The Dam Permit—

Postby Moderator » Tuesday August 26th, 2008 6:45 pm MDT

This is copy of a letter sent to a man regarding a pond on his property. It was sent by a State Department of Environmental Quality. The names have been changed for posting here.
State of Department of Environmental Quality wrote:SUBJECT: DEQ
File No.12-40-9976; T11N; R1W, Sec 2; Lyching County

Dear Mr. Jones:
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 698 Inland Lakes and Streams, of the Natural Resource and Environmental Protection Act, Act 458 of the Public Acts of 1994, being sections 675.69886 to 675.69898 of the State Compiled Laws.

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, 2009.

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, John Q. Costmore
District Representative and Water Management Division.

Here is Mr. Jones' response:
The Landowner wrote:Re: DEQ File
File No.12-40-9976; T11N; R1W, Sec 2; Lynching County

Dear Mr. Costmore,
I am the lawful landowner of the land in question at, 8802 Tagged Lane, Fishing River; regarding your certified letter dated 11/7/07; which was handed to me for a response, though I am the legal landowner I am not the dam builders.

A couple of beavers are in the area without authorization and they seem to be in the process of constructing and maintaining two wood 'debris' dams across the outlet stream of Spring Pond, which sits on my land. 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.
Image

The dam builders you seem to be seeking are beavers not contractors. 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:
  • Are you trying to discriminate against the Spring Pond Beavers; or,
  • do you require all beavers throughout this State to conform to such dam building requests?
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 698 Inland Lakes and Streams, of the Natural Resource and Environmental Protection Act, Act 458 of the Public Acts of 1994, being sections 675.69886 to 675.69898 of the State Compiled Laws.)

I have several dam concerns:
My first dam 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 them dam names.

If you want the dammed 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. Apparently, 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 1/31/2009? The Spring Pond Beavers may be under the dam ice by then and there will be no way for you or your dam staff to contact/harass them.

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 and failing to clean up after themselves. I definitely believe you should be going after the defecating bears and leave the beavers alone. If you are going to investigate the beaver dam, watch your dam step; the bears are not careful where they dump!

Being unable to forward your concerns to the Beavers, and otherwise 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,
Mr. Jones the Landowner

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Re: The Dam Permit

Postby Twodog » Tuesday August 26th, 2008 9:48 pm MDT

I enjoyed that, thank you :hello1:

Lou.

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Re: The Dam Permit

Postby Thomas Robert » Thursday August 28th, 2008 9:38 am MDT

Some may see this post as entertaining, however I don't see the place for it on our fourm. It has no educational value and there are too many other places on the internet for this kind of thing. Team Law is about educating people that want to learn the law and how to apply it. I'm not sure how the moderator and the Trustee will react and they may suggest that I "lighten up". However for me I come to this forum expecting to see real life problems and they are handled using our history and law.
Thank you, Master Thomas Robert

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Re: The Dam Permit

Postby TripleR » Thursday August 28th, 2008 11:31 am MDT

Well, if they wont say it, I will....lighten up! Laughter is good for the mind just as knowledge is. It can release endorphins and lower blood pressure, which we know we could all use from time to time.

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Re: The Dam Permit

Postby Twodog » Thursday August 28th, 2008 5:19 pm MDT

Hello Thomas Robert,
You may want to take notice of the Forum Rules:
At, Forum Rules, Rule 10: Team Law wrote:Users are asked to not act as "back seat moderators". If users note an issue which contravenes something in this policy document they are welcome to bring it to the attention of Admin by way of a private message. Only do this if a moderator team member has not replied within 6 hours. Do not respond to such topics yourself. Members who consistently "act" as moderators may be warned.
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Re: The Dam Permit

Postby Admin » Friday August 29th, 2008 12:34 am MDT

:h: Thomas Robert:
Though we appreciate the intent behind your comment, that being to help us keep our Open Forum system focused on its purpose (which is to eliminate e-mail to and from Team Law while awakening people to the existence and purpose for Team Law), we must agree with Twodog on the rule he cited. Had you first contacted Admin and awaited our reply, you would have discovered that Testy actually had the post approved before it was submitted.

Still, we would agree with your point if it had been valid. In fact, this post was not merely presented as a joke; rather, it was presented as a result of an actual situation. We suggested that Testy change the names, location and a couple of the details of the events to remove it from any direct reference to the parties involved.

We accepted the post because it is actually quite a good example of the power of a landowner dealing with their land rights. In fact, with land patent secured land, the party that sent the first letter was way out of line. We thought the post would have invoked a discussion around that issue. We are also aware that Beaver are usually considered a horrendous pest that destroy massive amounts of property every year. We know trappers that are paid quite well just to eradicate them; and, it is a constant effort.

The bottom line, though the landowner responded to the situation with a tongue-in-cheek letter, the response was quite appropriate as a first time response to such a very real problem. It even addressed advocacy issues addressing the natural rights of the Beaver, which alone would have likely stopped the bureaucrat in his tracks from implementing unwarranted controls over the landowner.

We also appreciated the fact that the task could be so well accomplished with a touch of humor.

We hope this information is helpful to you.
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Re: The Dam Permit

Postby Brinton2000 » Friday August 29th, 2008 3:08 pm MDT

Yes, THANK YOU, Moderator; that was the funniest dam story I have ever read!!! :ro


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