Special zoning that allows surface mining in the Chelatchie Bluff area will stay in effect, at least for now. On Tuesday, the Clark County Council voted 3-2 against repealing the ordinance that approved the zoning overlay, despite opposition from dozens of residents attending the meeting.
The council’s decision to leave the ordinance in place also means the county will remain out of compliance with the state’s Growth Management Act, a decision that has already cost the county millions of dollars in state grants.
Council Chair Gary Medvigy said he wants to wait until the state Court of Appeals rules on a petition filed by Friends of Clark County challenging the ordinance. Medvigy’s motion to keep the ordinance was supported by Councilors Karen Bowerman and Michelle Belkot. Councilors Glen Yung and Sue Marshall voted against.
Medvigy said part of the council’s role is “appealing rulings by administrative boards that don’t seem to be following the law. There is no law in the (Revised Code of Washington) that requires an overlay to have an environmental impact statement. The Legislature could have done that but they did not.”
In December 2021, the county council passed an ordinance approving the zoning overlay, which was appealed to the state Growth Management Hearings Board by the Friends of Clark County, an environmental group.
In March 2023, the board found that the county had “failed to conduct an adequate State Environmental Policy Act analysis and improperly chose to defer a more in-depth review of impacts of the surface mining overlay until the project stage, despite the higher level of detail provided by the applicant.”
The council then reversed its findings for two zoning requests for mining operations, one for Chelatchie Bluff filed by Granite Construction Company and another for Cardai Hill near Woodland, and issued a determination of significance, which meant an environmental analysis would be required. However, the county did not repeal its ordinance.
The case is now scheduled before the Court of Appeals, with oral arguments to be presented Jan. 9. David McDonald, attorney for Friends of Clark County, said by phone Tuesday that it could be months after the oral arguments before the appellate court makes its ruling.
“It will probably be four to six months. It could be longer,” McDonald said.
Meanwhile, the county continues to lose out on some state grants. Devan Rostorfer, manager of the county’s Clean Water Division, told the council the department has lost $2.9 million in state grants.
The money would have covered projects in the county’s clean water capital expenditure plan between 2025 to 2029, Rostorfer said by email Tuesday.
Because implementation of that capital plan is required under the county’s municipal stormwater permit, she said the county can’t move or delay projects in hopes of reapplying for grants later.
Rostorfer also said the county is eligible to apply for and receive up to $5 million in stormwater assistance money each year, or $25 million over the five-year program, but was only planning to apply for $2.9 million this year. The county won’t be able to apply for those funds until it is again in compliance.
Marshall said too much is at risk for the county to remain out of compliance with the state Growth Management Act.
“There is $2.9 million that we’ve lost and that’s a direct loss because we’re not in compliance. Alarming to me is that we’re not applying for grants because we might not be eligible. We don’t know what additional millions we may be losing,” she said. “Whether or not the money comes in will directly impact the ratepayers because we’re now looking at what the rates ought to be.”
Rostorfer said the stormwater rates have been adjusted to account for the lost revenue and are scheduled to be presented to the council next month.
“At this time, our plan is to cover the costs of these projects using revenue from stormwater rates. The council will vote to adopt final stormwater rates at a public hearing on Nov. 12,” Rostorfer said.
The public works department’s earlier estimate of $6.4 million in lost grants was reduced after it was able to reclassify a 78th Street Heritage Farm project and obtain a $3.5 million low-interest loan.
