Subject: Fwd: DAM BEAVERS
Date: Aug 31 09:24:06 1998
From: Dennis Paulson - dpaulson at ups.edu


>Subject: DAM BEAVERS
>
>>> All nature-rights activists should appreciate this. 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!
>>>
>>> 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.mius/
>>> RUSSELL J. HARDING, Director
>>
>>> December 17, 1997
>>
>>> CERTIFIED
>>
>>> 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

Dennis Paulson, Director phone 253-756-3798
Slater Museum of Natural History fax 253-756-3352
University of Puget Sound e-mail dpaulson at ups.edu
Tacoma, WA 98416
http://www.ups.edu/biology/museum/museum.html