birding-aus [Fwd: beaver dam & DEQ]

To: Malea Kneen <>, Lawrie Conole <>,
Subject: birding-aus [Fwd: beaver dam & DEQ]
From: Michael McLeish <>
Date: Fri, 29 Jan 1999 10:55:26 -0500

Not exactly bird related but people might like this:
>  Subject: DAM BEAVERS
>  The state of Michigan sent this letter to a
>  person who owns the  land on which some beavers have built a dam on a
>  pond. Just read the reply letter, it's a dam classic!
>   350 OTTAWA NW
>   GRAND RAPIDS, MI 49503-2341
>   JOHN ENGLER, Governor
>   PO BOX 30473
>   LANSING MI 48909-7973
>   INTERNET: http://www.deq.state.mius/
>   RUSSELL J. HARDING, Director
>  December 17, 1997
>  Mr. Ryan DeVries
>  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 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 District Representative Land and Water Management
> Division
>    ---- Reply Letter ----
>  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. 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
>  rights 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 truly
>  environmental quality (health) problem; State 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


Michael J. McLeish Ph.D.
Associate Research Scientist            Tel:    +1 (734) 615 1787
College of Pharmacy                     FAX:    +1 (734) 763 2022
University of Michigan
428 Church St
Ann Arbor  MI 48109-1065
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