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, 2002. Pease 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........ ******************* Dear Mr. Price, Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County. Your certified letter dated 12/17/01 has been handed to me to respond to. 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, 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 1/31/2002? 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. Sincerely, Stephen L.Tvedten. . . . . . . . . . .

Tugaloo Lake

On Labor Day weekend, 2002, Jim Wilcox, J.D., Wesley Belcher and I took a little trip to North Georgia where we discovered a little-known gem of a lake nestled in the foothills of the Blue Ridge Mountains. It is formed by the damming of the Tugaloo River. The Tugaloo River is formed by the Tallulah and Chattooga Rivers. The dam is located just below their confluence. The backed up water is called Tugaloo Lake.


The Tallulah River carved world famous and spectacular Tallulah Gorge. The Chattooga, of course, is Georgia's (and South Carolina's) world famous National Wild and Scenic River. Tugaloo Lake is the take out for those running Section IV of the Chattooga.

The lake is a 575 acre impoundment, just on the edge of Tallulah Falls State Park, about 7 miles south of Clayton on Highway 441. In fact, one of the two ways to get down to the lake is to follow the road through the park until the pavement ends. Then continue on the dirt road, being careful to not let your vehicle get away from you on the steep descent.

We arrived on a Friday, and set up camp in the park. Before we turned in, though, Jim and I rode down the road out of the back of the park that leads down to the lake. We had been adequately warned that you really do need a four wheel drive to take this road -- not so much to get to the lake, but to get back out! Of course, my trusty 2 wheel drive 1992 Chevrolet S-10 with 292,000 miles has taken me to many many places inaccessible to the average vehicle (and has never left me stranded - knock on wood), so I promptly, and with only minor trepitadion, ignored the warnings and drove on down to the lake. There is a boat ramp down there and there were some people standing around a roaring fire.

After scoping the scene, we headed back up the road. Well, we like to have not made it out. I lost count of the tries as, with deepening darkness, I'd gun it up the road only to have our forward progress stop while the tires spun madly. You could hear the gravel dinging against the differential. Sadly I'd press the clutch and gingerly, through my rear view mirror, back the truck down the road to something of a level spot in order to make another running start at the hill. I figured the ranger we'd seen at the boat ramp would soon be coming up behind us and we wouldn't be able to get a running start. Not only that, but he'd want to call a tow truck. Boy would that be embarrassing! But, before that happened, Jim climbed into the back of the truck and laid down over the rear end. His weight managed to give us enough traction to finally make it up the hill -- but just barely.

After we were over that rough spot, we agreed that we'd better go to the South Carolina side, where the road was supposed to be nicer. Indeed, that's where those river outfitters with their old school busses pick up the rafters who've just run the Chattooga. So, Saturday morning, we made the trip to South Carolina. There is no development around the lake, and outboards are limited to 20 hp, so there's not a lot of traffic on the lake. The effect, for the most part, is one of isolation. You feel like you're a long way from anywhere.

Tugaloo Lake is stocked with largemouth bass, trout, bream, crappie, white catfish, and, as of a couple years ago, walleye. But the fish are finicky and hard to catch. All Saturday afternoon and all day Sunday, Jim and I threw everything we had at them. Nary a bite.

It's a good thing we didn't rely on our fishing skills to eat. About dark, though, on Sunday night, I set up on the bank with some nightcrawlers. I soon was catching fish. I caught several white catfish, the first I'd ever seen of that species, a largemouth, and a bream. Wesley joind me at some point and caught a four inch walleye -- the first of those I'd ever seen. They quit biting about 10:30. So it was off to bed.

More on Tugaloo can be found here at Danny Norwood's site.


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