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December 1, 2003PRESERVING MICHIGAN'S WATERSNorthern Michigan developer a lightning rod in wetland debateBy JOHN FLESHERAssociated Press Writer EAST BAY TOWNSHIP, Mich. (AP) - Bill Clous drives a pickup truck and prefers faded jeans to business suits. Bushy-haired and bearded, with an ever-present baseball cap, he could pass for an aging hippie or a beer-swilling Bubba. He is one of northern Michigan's most prominent land developers, a part-time farmer and a symbolic figure in the debate over how to protect valuable wetlands without trampling private property rights. In Grand Traverse County's East Bay Township, Clous is accused of improperly disturbing wetlands while clearing land. He says it's to grow crops. Critics fear the actual plan is to build a housing and commercial development in the sensitive Mitchell Creek watershed. Meanwhile, some 20 miles away in Elk Rapids, his company is trying to build a subdivision across the road from Lake Michigan in an area that federal regulators say contains protected wetlands. "We think he's just a rogue developer who fills wetlands without permits and thinks he can get away with it," said Greg Reisig, an activist who has prodded government agencies to crack down on Clous. Clous denies any wrongdoing, and supporters say he's simply a businessman being persecuted for using his land as he wishes. "They are looking to control the property rights of the American people, just like the communists controlled all the property," said Dean Kolden, who lives near the disputed field in East Bay Township. Environmentalists have picketed Clous' business, Eastwood Construction Companies in Traverse City. They devote a Web site to attacking him. At a Department of Environmental Quality hearing about one of his projects, protesters hung banners reading, "Zero Tolerance for Eco-Crimes." Meanwhile, a group of farmers started a letter-writing campaign supporting Clous. A state senator, Republican Michelle McManus of Lake Leelanau, urged regulators to give him a break for the sake of agriculture, which critics labeled improper political meddling. For his part, Clous says he could do without the attention. "I think we do a lot of things on all fronts, so there's a lot of exposure," the 49-year-old Kingsley resident said in an interview. "We just want to do our work." In August 2002, the DEQ ordered Clous to stop land-clearing activities on the 360-acre parcel in East Bay Township. He had clearcut trees on a large section, and was yanking up stumps and moving soil with heavy equipment. The DEQ said Clous needed a permit because he was disturbing wetlands, which make up about 25 percent of the property. The agency believes about 50 acres were damaged, said Peter Manning, an assistant state attorney general. "It's a pretty big violation," Manning said. Clous argues he didn't need a permit because farming activities are exempt from regulation under state environmental law. Todd Kalish, a fisheries biologist with the Department of Natural Resources, examined the site last spring and reported Clous had "severely degraded" the watershed of Mitchell Creek, which is fed by streams on the Clous property and flows into Grand Traverse Bay. The creek and its tributaries are important habitat and spawning areas for trout and salmon. By degrading wetlands, Clous disrupted natural filters that remove pollutants and keep streams healthy, Kalish said. He also said streams had been damaged and a channel filled with dirt, although Clous insists it was only a drainage ditch for snowmelt runoff. "There's no bed, no bank, no evidence of continuous flow," Clous said, standing on the dry surface during a tour of the property. "This isn't a stream; it's a ditch." When he kept working, the DEQ issued another cease-and-desist order last January. For months, they have been negotiating an out-of-court settlement while environmentalists complain about delayed justice. Manning said the DEQ wants Clous to repair damage and pay fines. If no deal is struck, the state will file suit. Matthew Vermetten, attorney for Clous, said recently they were still haggling over details but the settlement would show his client's critics had exaggerated the damage. Clous also is butting heads with county officials over his work in non-wetland areas of the same parcel. Maureen Templeton, the drain commissioner, issued two stop-work orders because Clous had not obtained a soil erosion permit. He finally applied for one but didn't provide enough information, so none was issued, Templeton said. When he continued clearing the land, county prosecutor Dennis LaBelle cited him. Clous pleaded "responsible," the equivalent of "guilty" in a civil case, last January and was fined $500. He is fighting a second citation, which a district judge in October refused to dismiss. In an interview, Clous defended his work and accused officials of overstating its effect on the environment. "We have destroyed no streams; we have filled no regulated wetlands," he said. Clous said state law allows certain activities in wetlands without a permit, including farm-related work such as plowing, irrigation, seeding, cultivation and harvesting. "The law is clear; farming operations are exempt," Vermetten said. The DEQ says Clous is interpreting the farming exemption too broadly. It does not apply to all related activities - certainly not the stump removal and earth moving Clous has done, Manning said. The district judge last month ruled the exemption didn't apply in the local soil erosion case. Skeptics believe Clous will farm the land just long enough to exploit the exemption, then convert it to housing and businesses. Sprawl from nearby Traverse City is creeping toward the Clous property, making it ripe for development. Its zoning designation was changed this year from agricultural to residential and industrial. "The guy's got numerous development companies; that's mainly what he does," said Jim Lively, a planner with the Michigan Land Use Institute. "It's just too hard to believe he's not draining that land for the purpose of developing it later." Clous says he considered developing the property years ago, but decided it was better suited to agriculture. He and a cousin have planted corn and winter wheat there and will do so indefinitely, he said. "Some people like to play golf. I absolutely love to farm," said Clous, who said he cultivates about 900 acres in various locations. "If we could be left alone, we'd just farm and do it with a smile on our face." --- On the Net: -Clous business site: http://www.eastwoodcustomhomes.com -Clous critics: http://www.ventingmedia.com/clous |
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