A state board has approved a $232,000 fine for Chehalis developer Phil Smith, who is accused of destroying wetlands on his property for a proposed regional equestrian center.

    The state’s pollution control board ruled that Smith illegally pushed dirt from his property just off Exit 63 near Toledo into fish-bearing Lacamas Creek and that the fine was appropriate.

    Smith was also indicted by a federal grand jury last month. He’s facing four alleged violations of the federal Clean Water Act for clearing the land.

    “Mr. Smith had been provided both warnings and technical assistance about how to come into compliance a number of months before the order issued, the violations were on-going during the wettest time of year, and the urgency could have been avoided entirely had Mr. Smith undertaken the necessary preparations prior to clearing his property as the law requires,” the decision states. “Ecology gave Mr. Smith sufficient time to respond to the violations, including grace periods and extensions that reduced the total penalty amount.”

    The decision also stated it was not apparent Smith would have undertaken corrective action at all after receiving a warning letter unless the fine was issued by the Department of Ecology.

    Smith’s defense during the appeal to the pollution control board was that he didn’t have adequate time to hire professional consultants to conduct the necessary studies. His defense also noted his lack of any prior criminal history.

    Smith’s property is no longer under consideration for a proposed regional equestrian center. A new group of investors is seeking county approval to build a horse arena called the Newaukum Center near Napavine.