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May 15, 2004'After-fact' permit soughtPublic can respond to Bill Clous' requestByRecord-Eagle staff writer ELK RAPIDS - Developer Bill Clous wants a federal "after-the-fact" permit for wetlands that regulators previously ruled he'd improperly filled. At issue is the Elk Rapids Preserve housing development on more than 20 acres off Fourth Street. Some environmentalists called what had been done there the largest wetlands fill in the state in recent years. The U.S. Army Corps of Engineers halted work at the site in the spring of 2002, after determining wetlands connecting to Grand Traverse Bay existed on the property, making it fall under federal jurisdiction. Edward Arthur of the Army Corps' Sault Ste. Marie office said the permit application by Clous' Eastwood Custom Homes includes "some elements of mitigation" - restoration or replacement of at least some wetlands that were damaged or destroyed. Arthur declined further elaboration. Multiple messages left with Eastwood seeking comment from Clous or other company officials were not returned. A 20-day public comment period on the after-the-fact permit request will begin sometime later this month, Arthur said. Anyone on the Corps' public notice mailing list will receive notice of when Clous' permit is being considered, and have an opportunity to respond, he said. Vern Wolfgram, who lives next to the Preserve development site, criticized "the whole idea of after-the-fact permitting." "It just seems like part of the construction costs," he said. "To me the idea that you can just fill in something and pay for it afterwards is a little disturbing." The rate at which wetlands are being filled in an area renowned for its clean lakes is troubling, Wolfgram said.
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