BREAKING: Clark County’s Decision to Retain the Illegal Chelatchie Surface Mining Overlay (SMO) Risks Millions in Grants and Loans from Washington State for Non-Compliance
We hate to say we told you so, but FOCC has long echoed the warnings of Clark County staff saying that retaining the illegal Chelatchie SMO would put state grant funding in jeopardy because of non-compliance with state law. Those warnings went unheeded by most of the Council, and now the county is poised to lose millions in state funding.
Chelatchie forest from Clark County government website
Read the Columbian’s coverage from the front page today referencing FOCC’s advocacy:
Background on the Chelatchie SMO
Are you new to the Chelatchie SMO saga and FOCC’s involvement in it? Here’s some background:
In 2021, Granite Construction applied for a surface mining overlay (a special zoning district for surface mining that overlays on top of existing zoning, SMO) on top of Forest Tier 1 zoning, covering 330 acres in Chelatchie to move forward with plans for another aggregate mine. They provided great detail for their plans to the county, which should have been used to create an Environmental Impact Statement (EIS) at the earliest opportunity in accordance with the State Environmental Policy Act (SEPA). The county failed to do this prior to approving the overlay, so FOCC appealed this decision to the Growth Management Hearings Board (GMHB) on the state level. The board heard FOCC’s appeal and agreed, invalidating Clark County’s decision that the application did not require an EIS.
SMO Decision Risks Funds and Emboldens Corporate Interests
In response, the majority of the Clark County Council chose to retain the SMO and not comply with the GMHB’s decision, despite the SMO having been determined to be invalid. Using the illegal SMO as justification, Eric Temple/Portland Vancouver Junction Railroad (the rail operator) claimed their unpermitted activity at the Chelatchie Yard site (where many fish-bearing streams were damaged and fish killed), was necessary so that the railroad could accommodate the mine. For more on PVJR and the railroad, check out our previous articles:
So not only did this reckless decision embolden Temple and attract even more mining industry buy-ups of forest land in Chelatchie, but it was revealed during the Clean Water Rate Study work session last week that Clark County would not receive grant or loan funding from the state to the tune of millions of dollars— $6.4 million lost over 5 years, $1.3 million annually—for stormwater permit-related work until they come into compliance with state law. This begs the question: How many MORE millions in grants is the county no longer eligible for?
Additionally, we were surprised to hear Council Chair Gary Medvigy state that he did not know the county was out of compliance with the Growth Management Act (GMA), given that he was present throughout an entire hearing about the very subject of the Chelatchie SMO noncompliance, provided remarks about the funding risk warnings, and voted to retain the illegal SMO anyway on June 27th, 2023. Take a trip down memory lane with us in this video montage we shared on Facebook:
How Far Will Clark County Go to Protect Corporate Interests Over the People?
What’s Next and How You Can Help
We reiterate our call for the county to remove the illegal Chelatchie SMO and for the sake of county taxpayers to come into compliance with state law, and we encourage YOU to support this effort by writing a letter to the editor of the Columbian and/or the Reflector!
FOCC needs financial support from the community to keep fighting these crucial and costly fights. Please consider donating to Friends of Clark County today:
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