TRAVERSE CITY -- State and county officials are beginning to make noises about taking developer Bill Clous back to court.
In 2004, Clous agreed to a consent judgment with Grand Traverse County and Michigan Department of Environmental Quality over allegations he illegally bulldozed wetlands in portions of his 360-acre East Bay Township property.
The major enforcement actions of the agreement have been completed, but two items continue to drag on three years later, including easement signage and sediment traps to preserve a creek. "They need to comply and finish the job," said Michigan Attorney General spokesman Matt Frendewey. "If they continue to fail to comply, we'll go to court to force them to comply, including (financial) penalties."
Officials said the consent agreement did not spell out a specific time frame for accomplishing the tasks, but the work should still be completed in "reasonable time."
"I'd be the first to say three years is too long," said Bob Cooney, deputy Grand Traverse County prosecuting attorney.
The remaining items are neither complicated nor expensive, officials said.
Clous is required to post signs demarcating the area of a conservation easement he was required to create as part of the settlement.
"The postings are important; the DEQ has brought it up several times, and we might be back in court if it doesn't happen soon," Cooney said.
Clous attorney Matt Vermetten said the postings were completed in 2005.
DEQ enforcement officer Eric Hudy said Clous put up a couple signs made of paper wrapped in plastic stapled onto wooden sticks.
Hudy said the signs must be permanent and cover the entire conservation easement area.
The consent agreement also required the installation of sediment traps on Black and Sleder creeks, along with an intermittent stream. Clous argued revegetation of the property eliminated the need for the traps. The DEQ agreed to eliminate the traps on Black Creek and the intermittent stream but still wants Clous to create sediment traps in two ponds through which Sleder Creek runs.
Hudy said Clous can scoop out the sediment in the ponds to create the traps in a couple of hours with equipment he has on site.
Vermetten said the ponds act as sediment traps and what the DEQ wants goes above and beyond what is called for in the consent agreement.
