PROSECUTE CLOUS FOR ECO-CRIMES

June 20, 2004, Record Eagle Editorial
Clous deal left enviros hoping for much more
http://www.record-eagle.com/2004/jun/062004.htm


Settlement, read it here

June 16, 2004 -- Clous will pay $140,000 to settle
Agreement includes conservation easements

By PATRICK SULLIVAN, Record-Eagle staff writer
http://www.record-eagle.com/2004/jun/16clous.htm

Watch a Street Demonstration here


June 8, 2004 -- DEVELOPMENT: Clous requests permit --
Residents decry proposed 'after-the-fact' permit
By KEITH MATHENY, Record-Eagle staff writer
http://www.record-eagle.com/2004/jun/08preverv.htm

June 5, 2004 -- Attorneys say settlement near in Clous case
Details won't be released until terms are final
By PATRICK SULLIVAN, Record-Eagle staff writer
http://www.record-eagle.com/2004/jun/05clous.htm

June 3, 2004 -- Record Eagle Editorial
County should demand restoration of site now
http://www.record-eagle.com/2004/jun/060304.htm


Update on Wetland Violations by Clous in Elk Rapids
Bill Clous has applied for an "after-the-fact" (AFT) permit from the Corps of Engineers for his 24-home Elk Rapids Preserve development. Both the Corps and EPA have ruled regulated wetlands are present on the property and fall under their jurisdiction since they are only 680 feet from Grand Traverse Bay. In the permit application, Clous proposes going ahead with development with absolutely no wetland restoration or viable mitigation indicated. The period for public comment runs until June 15, 2004. Please write to the following address opposing this AFT permit and asking the Corps to move ahead with enforcement actions pertaining to the Clean Water Act, Section 404.
Ed Arthur
Corps of Engineers
Sault Ste. Marie Field Office
St. Mary's Falls Canal
Sault Ste. Marie, MI 49783-1880

In addition, we will need the help of Congressman Bart Stupak. Please call his D.C. office at 202-225-4735 or his Petoskey office at 231-348-0657 asking the Congressman to oppose the AFT permit for the Elk Rapids Preserve and call for the Clean Water Act to be enforced in Elk Rapids.


April 22, 2004
Fast track to resolution serves both GT, Clous
http://www.record-eagle.com/2004/apr/042204.htm


April 7, 2004 -- Preliminary Injunction granted as follows by Judge Tom Powers:
NO FARMING, NO TRUCKS, NO VEHICLES, NO MACHINERY

"The worst thing that happens is the wheat matures and
the little critters whose wetlands got destroyed get to eat it,"
said 13th Circuit Court Judge Thomas Power . . . read more
April 8, 2004
Moving vehicles forbidden for Clous
Judge also puts case on fast track
By PATRICK SULLIVAN, Record-Eagle staff writer
http://www.record-eagle.com/2004/apr/08clous.htm

• Other Record Eagle articles about Clous wetland Issues

Video clip of the settlement -- March 10, 2004

PROSECUTE CLOUS FOR ECO-CRIMES
The out of court settlement on Wednesday was only one part of a larger case Dennis LaBelle(Chris Bizdok has been helping LaBelle) is bringing against Bill Clous in Circuit Court under Part 17 of Michigan Environmenal Protection Act. This deals with violations of the Wetland act, Inland Lakes and Streams act, Part 91 soil erosion and Restoration. Please keep in mind Clous will never be able to use that property for development again only farming(ironically) with the follow through of the Circuit Court case and DEQ settlement negoiations with Clous. So don't fret and steam yet! Take Action!

ACTION:
Call Dennis LaBelle's office and encourage him on in the Circuit Court Case. This case wouldn't of happened if it wasn't for both confrontation and encouragement from citizens. We don't want him to give up now! This is not a pandering but strategic reinforcement. He's up for election this year.

Dennis LaBelle, Grand Traverse County Prosecuting Attorney
324 Court
Traverse City, MI 49684
231 922-4600

Next Very Important! Calling the DEQ officials(names numbers below) who are negoiating with Clous now on his DEQ violations. Here is where your firm and confrontive behavior can come out. Tell them to not to settle for less! We want them to stand firm and get the full extent of compensation for irrepable damage that Bill Clous has done.

CONTACTS:
John Arevalo (DEQ/Gaylord)
Gaylord Field Office
2100 West M-32
Gaylord, MI 49735-9282
arevaloj@michigan.gov
phone:  989-731-4920
fax:  989-731-6181

Peter Manning (Assistant Attorney General/Lansing)
G. Mennen Williams Building, 7th Floor
525 W. Ottawa St.
P.O. Box 30212
Lansing, MI 48909
manningp@michigan.gov
Main Number (517) 373-1110

David Schulenberg (Senior Enforcement Officer, EPA/Chicago)
US EPA Region 5
77 W. Jackson Blvd.
Chicago, IL 60604
schulenberg.david@epa.gov
800-621-8431 9 a.m. to 4:30 (CST)

At times, they will answer emails. I don't know if any of them have staff who screen their emails. Emails sent to them should be brief, asking for complete and thorough enforcement of all violations on the East Bay property by William Clous. Include the following in your note: Notice of Violation, DEQ Complaint Number 02-28-0022-V, issued August 15, 2002.


The wetlands he destroyed in Eastbay Township, section 19, were classified as "Important Wetlands" in the Mitchell Creek Watershed Protection Strategy, Grand Traverse County, February 1995.
Go here for other information from the Mitchell Creek Watershed Protection Strategy

• Index of Documents related to Clous


"I absolutely love to farm"- Bill Clous

Look at aerial photos of the wetland fill site here. Watch a video clip of the destroyed wetlands taken in early May, 2003

• Quicktime: click here

A repeat offender
Bill Clous's Eastwood Construction Companies also filled wetlands in Elk Rapids without permits -- details here

Is the Senator Confused?

In the letter to Grand Traverse County Drain Commissioner, State Senator Michelle McManus wrote:
". . .Mr. Clous has assured me that he sincerely desires to be a good steward of the environment and will continue his efforts" (see the letter here)

But Todd Kalish, Fisheries Management Biologist with the DNR wrote in a report May 6, 2003:
"... The conversion of wetland and upland to agricultural fields by Mr. Clous appeared to be undertaken with little regard to best management practices; for example. . . (see the full report here)

Did Senator Michelle McManus also forget about this letter?


Eastwood Construction Companies were picketed on Tuesday, July 1st., picket organized by the Sweet Water Alliance and supported by the Traverse Area Sierra Club and NMEAC
-- photo from other pickets here


Officials to Contact--be polite, firm and respectful.

Steve Chester, DEQ Director
send the e-mail to his personal assistant, JoAnn Merrick. - MERRICKJ@michigan.gov
Copy Skip Pruss - PRUSS@michigan.gov

Send the Attorney General's office:
email to Mike Leffler - LefflerM@michigan.gov
Copy Peter Manning - ManningP@michigan.gov

Peter Strom, Chair
Grand Travese County Board of Commissioners
Governmental Center
400 Boardman Avenue
Traverse City, MI 49684
Phone: 231-922-4797
Home address:
702 N. Monroe
Traverse City, MI 49684
Ph. 231-946-9306
FAX: 231-933-9916

Dennis LaBelle, Grand Traverse County Prosecuting Attorney
324 Court
Traverse City, MI 49684
231 922-4600


Stop work Orders were issued:
Two "Stop Work" notices from Grand Traverse County were issued, one August 5 and a second on August 14, 2002. The Michigan Department of Environmental Quality (MDEQ) issued a Notice of Violation to stop work on August 15, 2002 (view the DEQ document here and note who was copied). The work on the site continued until mid-April of 2003 even after both county and state stop work notices had been issued in August of 2002--almost 9 months. During this time the complete destruction of all wetlands and stream beds occurred with neither the county or state officials stopping the destruction. These are the principle people handling the violations of state environmental laws on the East Bay property. Their contact information are as follows:

CONTACTS:
John Arevalo (DEQ/Gaylord)
Gaylord Field Office
2100 West M-32
Gaylord, MI 49735-9282
arevaloj@michigan.gov
phone:  989-731-4920
fax:  989-731-6181

Peter Manning (Assistant Attorney General/Lansing)
G. Mennen Williams Building, 7th Floor
525 W. Ottawa St.
P.O. Box 30212
Lansing, MI 48909
manningp@michigan.gov
Main Number (517) 373-1110

David Schulenberg (Senior Enforcement Officer, EPA/Chicago)
US EPA Region 5
77 W. Jackson Blvd.
Chicago, IL 60604
schulenberg.david@epa.gov
800-621-8431 9 a.m. to 4:30 (CST)

At times, they will answer emails. I don't know if any of them have staff who screen their emails. Emails sent to them should be brief, asking for complete and thorough enforcement of all violations on the East Bay property by William Clous. Include the following in your note: Notice of Violation, DEQ Complaint Number 02-28-0022-V, issued August 15, 2002.

For violation of Grand Traverse Soil Erosion and Stormwater Runoff Control Ordinance, Legal Stop Work Notice given August 5 and August 14, 2002:

Dennis LaBelle, Grand Traverse County Prosecuting Attorney
324 Court
Traverse City, MI 49684
231 922-4600


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