Housing values in Clark County have grown at varying rates, depending on neighborhood. (Taylor Balkom/The Columbian)
When the Clark County Council last year passed an ordinance clearing the way for mining permits in the Chelatchie area, the county’s lawyers warned the decision violated state law and could have unintended financial impacts. Now the state Department of Ecology is withholding around $6.4 million – $1.3 million annually over five years – in state grants and loans.
Ecology is withholding the money because in March 2023, the Growth Management Hearings Board ruled the ordinance allowing surface mining in the rural area in northeast Clark County didn’t comply with state law. The state board also said the county incorrectly determined the request for the surface-mining zoning overlay, made by Granite Construction, did not warrant an environmental assessment. The county has appealed the ruling.
Devan Rostorfer, manager of the county’s clean water division, said at least some of the state funding would have gone to the 78th Street Heritage Farm wetlands restoration project, which is expected to begin construction next year.
“We applied for a clean water state-revolving loan fund from the Department of Ecology. That is a 20-year loan at a 1.2 percent interest rate. We recently received a letter that said, ‘Congrats, you get the loan, but we can’t sign it until you achieve (Growth Management Act) compliance.’ So we’re not able to sign that agreement,” Rostorfer told the council at a July 31 meeting.
The county applied for $3.5 million from the revolving-fund loan program to pay for clean-water projects, and planned to seek another $2.9 million in stormwater assistance grants.
If the county comes into compliance with the Growth Management Act, and depending on how quickly that could be done, Rostorfer said the county would still be eligible to receive the state funds.
The news seemed to come as a surprise to Council Chair Gary Medvigy, who said he was shocked to see the numbers.
“I thought we were in compliance,” Medvigy said, adding he was under the impression requiring Granite Construction to do an environmental assessment was enough. “That’s what I believed we were told.”
Medvigy wasn’t the only one, though. Councilor Glen Yung said he also didn’t realize the county was not in compliance with the Growth Management Act.
Councilor Sue Marshall said the council could take action to bring the county into compliance by repealing the ordinance on surface mining. Marshall previously voted to repeal the ordinance in June 2023 but was outvoted 3-2.
Medvigy said any discussions now about repealing the ordinance or removing the mining overlay should be done in an executive session, which is closed to the public.
“Yes, we need to deal with this in executive session, with our lawyers and find out what the heck is coming, what is going on,” Medvigy said.
However, the council was warned last year that approving the ordinance could cause problems down the road.
“The issue is we’ve got an ordinance that the growth board says is illegal. The only way I know to come into compliance is to get rid of the ordinance,” county attorney Christine Cook told the council during a June 2023 public hearing.
Medvigy’s comments created a stir among opponents of the mining overlay. Ann Foster from Friends of Clark County said Cook and Community Planning Director Oliver Orjiako “made it explicitly clear that the county would not be compliant with the GMA unless it repealed the surface mining overlay ordinance.”
They also made it clear that the consequences of retaining the overlay could result in the loss of financial support including making the county ineligible for grants and loans, she said.
Friends of Clark County has been fighting to block approval of the mining overlay since Granite Construction first submitted its application in 2021. The group appealed the county’s approval of the ordinance and its ruling that an environmental study wasn’t needed, which eventually sent the matter to the Growth Management Hearings Board.
Editor’s note: This story has been updated to clarify the county has already applied for a $3.5 million revolving-fund loan. The county plans to apply for stormwater assistance grants at a later time.
This story was made possible by Community Funded Journalism, a project from The Columbian and the Local Media Foundation. Top donors include the Ed and Dollie Lynch Fund, Patricia, David and Jacob Nierenberg, Connie and Lee Kearney, Steve and Jan Oliva, The Cowlitz Tribal Foundation and the Mason E. Nolan Charitable Fund. The Columbian controls all content. For more information, visit columbian.com/cfj.
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