EPA takes lead on railroad investigation after missed deadline

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After missing the deadline to submit documents requested by the Washington State Department of Ecology (DOE), the Environmental Protection Agency (EPA) will take the lead in investigating whether Portland Vancouver Junction Railroad (PVJR) impacted wetlands and streams in Chelatchie.

The DOE requested PVJR complete a wetland and stream assessment report and general stormwater permit application following an on-site investigation on Oct. 13.

PVJR submitted a draft for the stormwater general permit but missed the deadline for the wetland and stream assessment report on Jan. 21, DOE communications manager Mugdha Flores said in an email.

PVJR’s road construction disrupted a tributary to Chelatchie Creek that had cutthroat and steelhead trout and coho salmon, according to the Washington Department of Fish and Wildlife.

Following an investigation into the construction, the U.S. Army Corp of Engineers (USACE) issued a notice of violation, claiming the railroad violated the Clean Water Act after an on-site visit on Nov. 16. The USACE investigation found discharge of fill material into 200 linear feet of tributaries into the Chelatchie Creek and adjacent wetland, according to Col. Kathryn Sanborn.

PVJR’s owner Eric Temple disputed the investigation findings in a letter to Clark County officials on Oct. 17 and again in a letter to the editor submitted to The Reflector on Jan. 2.



Completing the general stormwater permit may take more time as DOE has required PVJR to submit details about the entire construction project from Chelatchie to Vancouver, Flores said.

“It might take a few months for them to submit everything [for the stormwater permit]. In the meantime, they are not allowed to conduct any earth/ground disturbing activities without the permit,” Flores said.

With the EPA taking the lead in the investigation, the DOE will continue coordinating with federal and state agencies to determine the next steps, Flores said.

The EPA declined comment regarding PVJR and the investigation, as ongoing investigations cannot be discussed, according to EPA public affairs specialist Bill Dunbar.

To read more about PVJR’S construction project in Chelatchie, visit thereflector.com/stories/us-army-corps-of-engineers-latest-to-accuse-railroad-of-environmen tal-damage,331579.