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Re: [TowerTalk] Potential New FCC Tower Construction Threat

To: "'Eugene Jensen'" <>,<>
Subject: Re: [TowerTalk] Potential New FCC Tower Construction Threat
From: "Mike Fatchett" <>
Date: Sun, 10 Dec 2006 13:12:24 -0700
List-post: <>
I don't know but maybe these guys can help you out with your dilemma....

Okay, this one has nothing at all to do with birds, but it's too good not to

  GRAND RAPIDS, MI 49503-2341

  JOHN ENGLER, Governor
  PO BOX 30473
  LANSING MI 48909-7973
  INTERNET: http://www.deq.state.mius/

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.


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


Stephen L.Tvedten
xc: PETA  

-----Original Message-----
[] On Behalf Of Eugene Jensen
Sent: Sunday, December 10, 2006 11:06 AM
Subject: Re: [TowerTalk] Potential New FCC Tower Construction Threat

It is just terrible now with birds running into towers.. but I have a
different problem at my QTH -- I have these federally protected hawks
killing maybe federally protected other birds and I am just at a loss as to
whom to report it to???  If one federally protected bird is eating another
federally protected bird -- maybe the environmentalists will have to pass an
amendment to the federally protected bird act???  Because their brains are
probably about the same size as the federally protected bird!!! Everyone
have a good holiday season.  Gene K2QWD


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