A truck prepares to leave the Washougal Pit on July 25, 2018. (Amanda Cowan/The Columbian files)
The Columbia River Gorge Commission on Wednesday upheld an appeal filed by Friends of the Columbia River Gorge and local residents involving Clark County’s denial of an application for mining at the Washougal Pit.
Rather than seeking to reverse the county’s decision, the appeal challenged specific findings by the county.
“This appeal involves the unpermitted drainage system and the seeps and springs on the property. Friends and the neighbors prevailed on all contested issues,” Nathan Baker, attorney for the Friends group, wrote in an email Thursday.
Ridgefield resident Judith Zimmerly, through her mining company ZP#5 LLC, and mining operator Nutter Corp. have sought several times to resume mining operations on six parcels of land totaling 122 acres east of Washougal known as the Washougal Pit.
All six parcels are within the Columbia River Gorge National Scenic Area. The two largest are zoned for agricultural use, and the other four parcels are zoned for residential use.
In July 2023, a county hearings board examiner ruled that Zimmerly’s land-use application was incomplete under National Scenic Area rules, that operating a mining haul road in a residential area is prohibited and that the project could not proceed without a full environmental review.
Zimmerly and Nutter Corp. unsuccessfully appealed the ruling in Clark County Superior Court.
The Friends group filed its own appeal to the Gorge Commission claiming the hearing examiner’s decision contained errors, including a ruling that Zimmerly isn’t required to get permits for prior construction despite Zimmerly and Nutter Corp. already agreeing to comply.
“The appellants argued that there is continuing harm because the applicant has sought a new land use approval for mining, and Clark County’s pre-application conference report for that new application does not require the application to include the drainage or information about the seeps and springs on the property that are the subject of this appeal. … We conclude that the appellants are adversely affected and have standing to bring this appeal,” the commission ruling says.
Wednesday’s ruling was welcome news for Gorge residents.
“If it weren’t for Nathan (Baker) and Friends (of the Columbia River Gorge), I’d be hearing mining noises right now, my neighbors would have hundreds of trucks driving past their homes and my kids’ school would be choked by mining dust. This fight will continue, and I hope we continue to prevail,” resident Sean Streeter wrote in an email Thursday.
Zimmerly hasn’t given up, though. A year after the hearings examiner ruling, she filed a new application for the mining property. This is the first step in the approval process, which includes a conditional use permit, preliminary site plan, Gorge commission review, final site plan and final engineering review.
Baker said all parties involved — including Clark County and attorney Jamie Howsley, who represents Zimmerly — have 60 days to appeal the commission’s ruling.
“In my opinion, it is extremely unlikely there will be any appeals,” Baker said.
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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