| 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, 2003. 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 |
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