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March 10, 2004TRAVERSE CITY: Clous may face trial, or settleBoth sides just say they are preparing for courtByRecord-Eagle staff writer TRAVERSE CITY - Bill Clous could face a judge today in a trial over alleged soil erosion violations on his 360-acre East Bay Township property in the Mitchell Creek Watershed. But a last-minute settlement could be in the works, Grand Traverse County Prosecutor Dennis LaBelle said. LaBelle would not discus details or describe what offer, if any, may be on the table. "I don't want to get too far into that topic," LaBelle said Tuesday afternoon. "We're still getting ready to go to trial." Clous' attorney, Matthew Vermetten, was just as elusive. "We're preparing for trial," he said. The formal hearing, before 86th District Court Judge Thomas Phillips, is scheduled to begin this afternoon and run through Friday. The hearing could result in tens of thousands of dollars in fines against Clous, president of Eastwood Custom Homes, for knowingly violating a section of the Michigan Environmental Protection Act involving soil erosion control. Clous is accused of moving earth and removing trees from property at Hammond, Three Mile and Townline roads after county and state regulators ordered him to stop and obtain a permit. In a trial brief filed by Chief Assistant Prosecutor Alan Schneider on Monday, Schneider said the state's case will concentrate on whether Clous directed land clearing on his property that could have caused environmental damage to streams and wetlands. Prosecutors plan to call nine witnesses, including Peter Bruski, a deputy drain commissioner, who is expected to testify that he saw evidence of excavation on the property after the county issued a stop work order against Clous in August 2002. Vermetten filed a witness list that includes more than 50 names, including LaBelle and 18 farmers. Vermetten said he expects the farmers to testify about standard agricultural practices. Vermetten maintains Clous was preparing the property for farming and that he did not need a permit under state law. In his trial brief, Vermetten argued that agricultural work is exempt from the soil erosion law and that prosecutors won't be able to prove Clous caused an earth change of more than 1 acre within 500 feet of a lake or a stream. Clous also faces a civil suit from LaBelle's office that seeks to prevent further work at the property and potential state fines for violating wetland protection law. Patricia Spitzley, spokesperson for the Michigan Department of Environmental Quality, said Clous and the DEQ are in negotiations regarding the alleged wetland violations but no settlement has been reached. "There has not been a settlement at all, but we're still moving ahead," Spitzley said.
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