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May 24, 2004GRAND TRAVERSE: County moving toward own soil control measuresLaBelle asks that money be set aside for restorationByRecord-Eagle staff writer TRAVERSE CITY - Experts claim soil erosion continues unabated, fouling the streams of the Mitchell Creek Watershed while Grand Traverse County and developer Bill Clous keep battling in court. After two years of legal wrangling over allegations of environmental damage in East Bay Township, Grand Traverse County Prosecutor Dennis LaBelle says the county may implement its own soil erosion control measures - steps that LaBelle's critics say could have been taken at any time. "It would have been great to get some (control measures) in May of last year, but I don't think that diminished the importance of getting them in now," said Todd Kalish, a fisheries biologist with the Michigan Department of Natural Resources. "It's critical to get those measures implemented." Some question why it took two years before such action was considered by the prosecutor's office. Former county drain commissioner Maureen Templeton said she spoke with LaBelle about several avenues available to the county to stop the alleged erosion, but she says nothing was done. "He's just finally starting to move on it two years down the road," Templeton said. "I guess it's better than nothing." Clous was accused of failing to get soil erosion permits for earth-moving and tree-clearing performed on 360 acres at Hammond, Townline and Three Mile roads. Authorities said work continued on the site after Templeton warned Clous that permits were necessary. Clous, through his attorney, maintained he didn't need permits because he intended to farm - not develop - the property. In April, Circuit Court Judge Thomas Power ordered Clous to stop work and keep vehicles, including farming equipment, off the property until a civil suit filed against Clous by LaBelle is resolved. That case is scheduled for trial beginning June 15 and seeks to force Clous to remediate alleged environmental damage. If the county prevails, LaBelle wants it to be ready to go in and fix the damage. Under state law, the soil erosion control director has the authority to enter the property to install appropriate soil erosion control measures if the property owner fails to do so within 10 days of notice. The county can then recoup its cost through a tax lien on the property. Last week, LaBelle asked the county board to set aside the $25,000 the county received in a district court settlement with Clous for the restoration work. LaBelle declined to say why he didn't take action earlier. "Anytime I say anything it gets twisted around and I get all sorts of letters and phone calls," LaBelle said. "It's a very complicated issue and I really don't want to talk about it beyond what was in the memo to the county board."
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