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News / Business / Clark County Business

Mining proposal hits dead end at Clark County Council

3 councilors present fail to agree on Granite Construction Co.’s request

By Shari Phiel, Columbian staff writer
Published: March 15, 2022, 6:42pm

A proposal to allow mining in the Chelatchie Bluff area hit an unusual snag during Tuesday’s Clark County Council meeting, effectively bringing an end to the request.

With Councilor Julie Olson out for two weeks, and Eileen Quiring O’Brien’s March 1 retirement, only three council members were in attendance. Although still a quorum, the remaining council members could not agree on the change requested nor a related appeal.

The request to amend the county’s comprehensive plan and zoning map for four parcels totaling 330 acres came from Granite Construction Co., which leases the rights to mine the site from BRP LLC, a subsidiary of Natural Resource Partners, according to county records.

In December, the county determined those changes would not have significant environmental impacts that warrant further study. Friends of Clark County appealed that ruling, arguing that the county should consider the effects not only of a zone change but also of the planned mining project.

David McDonald, attorney for Friends of Clark County, told councilors on Tuesday that the site provides important habitat for endangered and threatened fish. McDonald also said the area has wetlands, geologically hazardous areas and other “land use factors that make it an environmental sensitive, critical area.”

“This is not just a countywide adoption of a proposal for surface mining overlay. This is a site-specific proposal. We know the parcels, we know where they are and we know exactly what is the intention of the parties,” McDonald said. “They have stated affirmatively in the documents they have provided to the county that they intend to file an application to mine the entire property.”

McDonald said Granite Construction has stated it plans to mine 1.3 million tons of aggregate each year from the site, with 1 million tons shipped by rail and 300,000 tons shipped by truck. With other mines in the state extracting similar amounts, McDonald said the impacts from those operations are already well known.

“It would not take very much for the county to compare taking the gravel extract of that quantity from this kind of environment,” McDonald told the council.

Jamie Howsley, the attorney representing Granite Construction, argued that Friends of Clark County lacked the legal standing to appeal the decision and that the advocacy group misinterpreted the county’s findings. Howsley also said the company has yet to apply for a mining permit, noting further environmental review could be done then.

Granite Construction’s plan to mine aggregate sounded like good news to Councilor Gary Medvigy.

“It’s adjacent to former mining. It’s adjacent to an existing overlay. In the grand scheme of the health of Clark County, we need the aggregate but it’s also in an almost perfect location with connection to our rail line that could ultimately benefit the county in reducing its carbon footprint by getting those rock loads off our roads and getting them on to rail,” Medvigy said.

However, Councilor Temple Lentz said she supported the appeal.

“I’m not compelled by staff or legal counsel or the applicant’s statements that this is premature. If we don’t have the information but we do know there might be impacts, I don’t understand how we get to a determination of nonsignificance,” Lentz said. “This may be how we’ve always done it but this doesn’t mean we’ve always been doing the right thing. We do know a great deal about what is intended.”

Medvigy and Chair Karen Bowerman voted to deny the appeal; Lentz dissented. Christine Cook, the county’s legal counsel, noted three votes were needed to pass any motion. Without those three votes, the appeal was denied.

Bowerman and Medvigy also voted to approve the zoning request while Lentz did not. To approve the request, Cook again said three votes were necessary. Medvigy asked if the decision could be tabled to another day when four, if not five, council members were present. Cook said that was not possible under current code, which means the mining proposal hit a dead end.

The council next meets Wednesday following the Board of Health meeting at 9 a.m. For an agenda or links to the meeting, go to https://clark.wa.gov/calendar.

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