-Caveat Lector-

ref - http://www.warroom.com/beavers.htm

Heads Up



            This was an actual letter from and a reply to the Michigan
            Department of Environmental Quality, State of Michigan:


      Mr. Ryan De Vries
      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 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 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
stream
      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



      RESPONSE 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 De Vries 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 supervised their
dam
      project, I think they would be highly offended that you call their
      skillful use of natural 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 first
      must 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 451of 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-being unable to read
English)
      -- be sure they are read the Miranda rights first. As for me, I am not
      going to cause more 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 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
      unauthorized dams as long as the sky is blue, the grass is green and
water
      flows downstream. They have more dam right than I do to live and enjoy
      Spring Pond. If the Department of Natural Resources and Environmental
      Protection lives 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
      1/31/98? 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 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 via another government organization - the dam USPS. Maybe,
someday,
      it will get there.

      Sincerely,
      Stephen L. Tvedten

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