The Clark County Council will host a public hearing to consider repealing a mining overlay in Chelatchie, a decision prompted by the loss of millions in state funds due to the county's noncompliance with environmental regulations.
The state funding issue stems from a 2022 decision by the council to approve an overlay allowing Granite Construction to mine for aggregate on a 330.95-acre property in Chelatchie. Last year, the Washington Growth Management Hearings Board (GMHB), which oversees cases involving the Growth Management Act, ruled that Clark County’s overlay violated the State Environmental Policy Act (SEPA). The board determined that the county must provide an environmental impact statement (EIS), a document reviewing ecological impacts, before approving the overlay. Therefore, the county must remove the overlay to remain eligible for various state grants and short-term loans. The Washington State Court of Appeals is currently reviewing the decision, however.
Clark County Clean Water Division Manager Devan Rostorfer highlighted the financial impact of the county’s noncompliance during a July 31 presentation before the Clark County Council. The county stands to lose $1.3 million annually in clean water grants and short-term loans over the next five years, totaling $6.4 million in lost grants alone. This financial loss will directly affect the mandated clean water fees imposed on residents. As a result, the council discussed its next steps during its Aug. 21 meeting.
Council Chair Gary Medvigy called for a public hearing in a future meeting, emphasizing the need for public transparency. The hearing includes an overview of the situation, an opportunity for public comment and a potential council vote. Medvigy maintains the GMHB's interpretation of the law overstepped, asserting that the board was unjust in its decision.
“There’s this constant misstatement that we violated the law. We did not,” Medvigy said. “The board does not make law. They interpret it. The legislature could have required an environmental impact statement for an overlay. They didn’t. There’s no [code] that requires it.”
County Attorney Christine Cook supported Medvigy’s position, arguing that the law is unclear on when an environmental impact statement is necessary. She contended that the GMHB overstepped in its ruling by requiring a study before the overlay’s approval, whereas the process typically mandates a study before a project begins. Cook acknowledged, however, that the county would continue to lose funds if it remains non-compliant during the appeals process, which she does not expect to conclude until next year.
“I think it’s kind of a binary situation — either the county’s in compliance or we’re not, and once we aren’t, my understanding is that we go on a list,” Cook said. “ ... Unfortunately, SEPA is worse than vague about the circumstances [of] when a local government should require an EIS. In my view, an EIS was not required here because we don’t know what the project will be, and that is my fundamental disagreement with the growth board’s conclusion.”
Several county residents who attended the Aug. 21 meeting spoke out against the overlay and the potential mining project. Gregory Smith, a Chelatchie resident and member of the newly formed Chelatchie-Prairie Coalition, is concerned about the potential environmental impacts of surface mining and subsequent railroad use. The county-owned Chelatchie-Prairie Railroad, which runs 33 miles from Vancouver to Chelatchie and passes directly through Yacolt and Battle Ground, could ship aggregate materials from Chelatchie under the approved light-industrial overlay. Other environmental advocacy groups, including Friends of Clark County and the Loo Wit Sierra Club, have previously voiced opposition to these potential operations.
“We appreciate the service you provide the community first and foremost, but again, [we] just wanted to reiterate that we are watching the environmental issues associated not only with the mining but also potential railroad expansion activities,” Smith said.
All five Clark County Council members voted for a future public hearing, and a vote regarding the overlay may be held afterward. County staff will issue a 15-day notice ahead of the hearing. For more information on upcoming county meetings, visit clark.wa.gov/councilors/council-meeting-information.
