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Michigan DEQ and the Dam Builders
This one has made the rounds of the Internet for years, so you may
have already seen it, but just in case you haven't:
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 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 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
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
1/6/98
David L. Price 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 xc: PETA http://www.thebestcontrol.com/tvedten.htm http://www.getipm.com/personal/dam.htm
Response to an Inquiry as to whether the "Dam Beaver" Letter is real From: "Luis Saldivia" SALDIVIL@state.mi.us
Dear Mrs. Carol Whittom: Thank you for your inquiry to the Department of
Environmental Quality regarding the beaver dam letter that has been
circulating in the internet. The letter concerned an enforcement action directed
to a tenant on property surrounding Spring Pond, which is located in
Pierson Township, Montcalm County, Michigan.
The tenant was observed by the downstream complainant, and has
since admitted to the complainant, that he artificially built up, and
maintained two abandoned beaver dams on the discharge end of the natural
pond. Such an activity
falls under the jurisdiction of Part 301, Inland Lakes and Streams, of
the Natural Resources and Environmental Protection Act, 1194 PA 451, as
amended. It is the
Department's position that in the absence of any threat to public
welfare, beaver dams should be left in their natural state, that being
either actively maintained or abandoned by beaver. The Department conducted an on-site inspection of
the dams in August of 1997, accompanied by a Department of Natural
Resources fisheries biologist, the Pierson Township Supervisor and the
complainant. The tenant's
actions, and a threat to the welfare of the downstream complainant
prompted our correspondence of December 1997, instructing the tenant to
cease and desist all illegal activity and to restore the stream to its
prior condition. The owner
of the property took issue with our action, and responded with his own
version of the situation. It was this correspondence that has been
circulating in the Internet. I trust that this information is helpful.
If you need further information, please do not hesitate to
contact me.
STEVE'S RESPONSE: Subject: Re: Beaver Dam letter Dear Luis, You are a Dam liar! Please forward to me immediately any "proof" you have that anyone but the Dam beaver maintained this Dam! The Dam neighbor killed the beavers - or the Dams would not have been "abandoned". You Dam bureaucrats never can get the facts straight - there were and are THREE Dams on this property! Quit your Dam Lying! Respectfully, Stephen, I just came across your letter to David Price regarding the beaver dams. It was the BEST! I found it at the Safe2use site. I recently exchanged links with your site (Thank-you!) and was doing my nightly search for more links when I came across this letter. It was So wonderfully written I just wanted to let you know. Since it has been 3 years, I was wondering what ever happened to those dams and beavers? I know it is tough to fight city hall and was hoping to hear that you won the battle for the beavers! Keep up the excellent work you are doing, Sincerely, Pat Goodwin Dear Pat, The man who started this had already killed the beavers and was worried that their now untended dams would now break apart and enter his property. Tom Brokaw made him look like a fool and called him my "Dam Neighbor" on April Fool's Day a couple of years ago. The State just wants to pretend that this did not happen. You can fight "city hall" and win - I do it everyday! Have a great day! Steve http://www.getipm.com/personal/dam2.htm Steve's Stuff: http://www.getipm.com/personal/sitemap-st.htm
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