FreeLists / tn-bird / [tn-bird] illegal dams

[jreese5@xxxxxxx]

Carol Reese
Ornamental Horticulture Specialist -Western District
University of Tennessee Extension Service
605 Airways Blvd.
Jackson TN 38301
901 425 4721 email  jcreese@xxxxxxxxxxxxxxx

A friend sent me this...too funny not to share, and more evidence of
bureaucratic faux pas...



Illegal dam

This is priceless - well worth taking a moment or two to read it. This was
an actual letter sent to Ryan De Varies FROM the Michigan Department of
Environmental Quality, State of Michigan. Wait till you read this guy's
response - but read the entire letter before you get to the response.

   Mr. Ryan De Vries
   2088 Dagget
   Pierson, MI 49339

Dear Mr. De Vries:

SUBJECT: DEQ File No. 97-59-0023; 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 reference 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 floting 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, 2002.
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 the 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.

First of all, Mr. Ryan De Vries is not the legal landowner and/or
contractor at 2008 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 supervise 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 at 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 donot think the beavers are aware that they must
first fill out a dam permit prior to the start of this type of dam
activity.
My first 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 451
of 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
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 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 the Spring Pond Beavers and I 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 that I do to live and
enjoy
Spring Pond.
If the Department of Natural Resources and Environmental Quality lives
up 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 1/31/02?
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 day office via another government organization - the dam
US
PS.
Maybe,someday, it will get there.
   Sincerely,

   Stephen L. Tvedten

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