After a four-year process, local agencies will debate before the Washington State Court of Appeals a previous state board’s ruling that halted an industrial mining expansion project in Chelatchie.
Clark County, Granite Construction and Friends of Clark County (FCC) are slated to argue sometime this year whether or not the Growth Management Hearing Board (GMHB) erred in its ruling to halt mining in the Chelatchie hills.
FCC submitted an appeal in 2023 to uphold the GMHB’s ruling, which stated environmental studies were required to mine the property, while Clark County and Granite Construction appealed to overturn it. FCC submitted its final paperwork on Feb. 16, and Clark County and Granite Construction must file their evidence by March 22, said David McDonald, FCC representative and attorney.
Once the documents are submitted an oral argument will be scheduled.
The disagreement began after Clark County approved a request by Granite Construction, a construction and materials company, to rezone its Chelatchie property with a surface mining overlay (SMO) that would allow subsidiary company BRP LLC to mine aggregates, such as sand, gravel and rock.
Granite Construction intended to mine 200 million tons of construction-grade aggregate from the 330.95-acre property. The company noted it would extract approximately 1.3 million tons of material from the site each year, shipping the majority by rail and the rest by truck.
Following the county’s decision, FCC appealed to GMHB because members feared that the mining operations would harm fish, Western pond turtles and Northern spotted owls, which are both endangered. GMHB agreed the Clark County Council should have required environmental impact studies and more information about the impacts of the project before it approved the overlay.
“... [The ordinance] places at risk 330 acres of environmentally sensitive lands by authorizing mineral extraction without an adequate analysis and consideration of the potential adverse environmental impacts of this action,” the ruling stated.
Opponents argue, however, that mining the aggregate materials is critical to the building industry. The aggregates are used to form compound materials such as asphalt and cement, according to the Association of Equipment Manufacturers.
“This proposal will help to enhance urban growth in communities throughout Clark County by providing an alternative option to the existing aggregate resources that are forecast to be depleted within the next 20 years,” Granite Construction’s initial application stated.
Granite Construction’s proposal acknowledged the existence of wildlife and native plants on the property, including the potential presence of the pond turtles and owls but did not provide plans to mitigate environmental impacts.
The FCC appeal cited other impacts could include degradation of waterways and riparian areas, increased traffic, increased public safety risk and a decrease in water quality and supply, the appeal stated.
During the rezoning process, multiple agencies across Washington expressed both concern and support for the mining project.
The Washington Department of Fish and Wildlife sent a letter to the council, concerned about the deforestation required to mine the property.
“We are particularly concerned about the close proximity of this mining operation to the Gifford Pinchot National Forest which provides invaluable wildlife habitat. The extent and scale of tree removal needed to accommodate a mining operation would fragment available habitat on adjacent parcels,” the letter stated.
Cascade Forest Conservancy submitted a letter stating that the council’s ruling did not adequately assess the significant impacts that surface mining could have on aquatic habitat, federally endangered species, groundwater and landslide risk in Chelatchie.
“Mining activities … could significantly impact the health of both Cedar and Chelatchie Creek, resulting in detrimental impacts on the survival of these species,” the letter stated.
Construction agencies maintain that more aggregate is needed to support the region’s growth.
“The preservation of existing aggregate resources and pursuit of new resources are of critical importance while we are still able to address the impending aggregate supply crisis,” a letter from the construction agencies stated.
In response, Clark County and Granite Construction appealed to the Superior Court of the State of Washington in April 2023.
Granite Construction's attorney expressed concerns that the GMHB’s decision would inhibit future development in Clark County.
“No right-mind developer in the world is going to conduct all these studies and all of this analysis … simply to change the zoning on something,” Jamie Howsley said during a County Council meeting. “I think that that’s exactly why the county is interested in appealing this decision.”
Mining and further development has halted until the appeal is decided.
Even if the Court of Appeals overturns the GMHB’s decision, the state Department of Ecology will need to assess mining operations to determine what, if any, water quality permits are required, according to communications manager Mugdha Flores.
The Reflector was unable to reach Granite Construction for further comment, as of March 1.
To read the court documents for the project, visit www2.clark.wa.gov/files/chelatchie-bluff-in dex-record/ and www2.clark.wa.gov/files/che latchie-bluff-compliance-index-record/.
To read The Reflector’s previous coverage on the mining project, visit thereflector.com/stories/chelatchie-bluff-mine-overlay-remains-as-county-appeals-growth-board-deci sion,321747.
