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The "Beaver
Dam" Correspondence Between the State of Michigan and a Land Owner-Truth!
Summary of the eRumor The message consists of
two letters. The first is from the Michigan Department of
Environmental Quality to a Mr. Ryan DeVries. The letter says
there are two dams on his property for which there does not seem to
be any permit. The landowner is told to remove the dams and to
restore the stream to its free-flowing conditio
The Truth
Both letters are authentic although
slightly different than their originals. Stephen Tvedten says the
beavers that built the dams on his property were killed by his
neighbor who was then concerned about what would happen to the
abandoned dams. The neighbor lived downstream where any debris
from the dams would go if they disintegrated. Tvedten says his
neighbor told the state authorities that he had seen Tvedten tending
to the dams and reported him. A spokesperson for the state,
however, says there was evidence that the dams had human
intervention, namely the installation of some 2 x 4's. According to state law, beaver
dams cannot be built or maintained except by beavers. On Tvedten's
website, he has a copy of an email sent by the Michigan office to
someone inquiring about the beaver dam letter and that says Tvedten
had been seen maintaining the dams. Tvedten's response was
that they were "dam" liars. CLICK
HERE to see the
original letters.
A real example of the eRumor as it has
appeared on the Internet:
Subject: Go Figure
This is a copy of an actual letter sent to Ryan DeVries, 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 DeVries
2088 Dagget
Pierson, MI 49339
SUBJECT: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20;
Site Location: Montcalm County
Dear Mr. DeVries:
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
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 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
Reference your certified letter dated 12/17/2000 has been referred
to me
to respond to. 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 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 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
must
first 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 P! art 301, Inland
Lakes
and Streams, of the Natural Resource and Environmental Protection
Act,
Act 451 of the Public Acts of 1994, being sections 324.3010,1 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
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
harrass them and call 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).
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 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
1/31/2002 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 answering machine, I am sending this response
to
your office via another government organization - the USPS. Maybe,
someday, it will get there.
Sincerely,
Stephen L. Tvedten
The University of Texas at: Austin
Office Community Relations/Accounting unit
P.O. Box 7367
Austin, TX 78713
O thus be it ever, when free men shall stand; Between their loved
homes
and the war's desolation; Blessed with victory and peace, may the
heaven's rescued land; Praise the power that hath made, and
preserved us
a nation. Then conquer we must, when our cause it is just; And
this be
our motto,
"In God is our Trust"; And the Star Spangled Banner in
triumph shall
wave, O'er the land of the free & the home of the brave. (last
verse of
the National
Anthem)
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