The Chehalis man hoping to see an equestrian center built on his property near Winlock now faces four federal charges of Clean Water Act violations, according to the Seattle office of the United States Attorney.

Phil Smith, 52, was indicted by a federal grand jury late Wednesday, according to a press release. Arraignment has been set for Sept. 18. He faces up to three years in prison and fines ranging from $5,000 to $50,000 per day.

The charges don’t directly affect the Southwest Washington Regional Equestrian Center project. However, the state deadline to break ground is fast approaching, and more legal trouble for Smith could complicate matters if his site eventually is chosen for the project, said project manager Larry Hewitt.

The indictment alleges Smith knowingly dumped fill material into protected wetlands on his property and that he discharged pollutants directly into Lacamas Creek. It’s the latest in battle between Smith and state and federal authorities.

In 2008 the U.S. Environmental Protection Agency ordered Smith to restore the wetlands he disturbed on his 190-acre parcel. The land is at the southeast corner of Exit 63 along Interstate 5, about halfway between Winlock and Toledo. The restoration has not occurred, according to the press release.

In addition, Smith needed a permit to fill the wetlands, and such a permit was never sought nor granted, according to the government.

About 65 percent of Smith’s land is designated as wetlands that drain into the Lacamas Creek, a tributary of the Cowlitz River. Developers must minimize the impact to wetlands to preserve wildlife habitat and protect against severe flooding.

Smith, on Thursday, referred calls to his attorney. The lawyer could not be reached Thursday afternoon. In the past he’s said he was clearing the property to produce hay because there was not yet a final deal for the equestrian center.

The land in question was at one point the preferred location for the $70 million REQ being built by the Lewis County Public Facilities District. The proposed 7,000 seat arena is partially financed with $8 million in state sales tax revenue.

To qualify for the state money ground must be broken by Jan. 1, 2011, said project manager Larry Hewitt.

Late last year officials were looking onto locating the center on 40 acres in Winlock owned by Gerald Corey, but the parties never reached an agreement, Hewitt said.

Now two sites are in contention, one is the land owned by Smith and his investors — who Hewitt said are not involved in the legal troubles — and another located at Exit 71 near Napavine. Both sites have advantages and challenges and a final decision has not yet been made, Hewitt said.

“Everybody is getting a little concerned about the deadline,” Hewitt said.

Related articles:

Winlock site selected as new proposed home for equestrian center  (Sept. 10, 2008)

EPA says Lewis County developer violated Clean Water Act  (June 9, 2008)

State fines equestrian center developer $232,000  (May 30, 2008)