Hearing Examiner
Upcoming Hearing Projects
NEXT HEARING DATE: June 23, 2026| AGENDA
-
PROJECT NAMES:
-
2025102881 Humphrey RUE - Beginning at 10:00 am
- Hearing Materials for Projects above
- Comment on a Project
- HOW TO JOIN
- Zoom Link
- Webinar:
- Passcode:
- Phone Number: 1 253 205 0468
- Instructions on joining a Zoom meeting
Current Appeals to the Board of County Commissioners
Decisions issued by the Hearing Examiner concerning land use projects, building permits, and notices of violation may be appealed to the Board of County Commissioners. The Board conducts a closed record appeal hearing in which no new testimony or additional evidence is accepted. The Board’s review is limited exclusively to the record that was developed during the Hearing Examiner’s hearing, and its decision is based solely on that existing record.
Exhibits Before the Board of County Commissioners:
A. Appeal
E. Comment Letters
Applicant Tenino Land Company LLC’s Response to Appellants’ Memorandum, June 3, 2026
Exhibits before the Hearing Examiner:
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report including attachments
Attachment a Notice of Public Hearing
Attachment b Zoning Map
Attachment c Master Application for Preliminary Plat Application received 10/29/24
Attachment d Division of Land application received 10/29/24
Attachment e Master Application for Forest Land Conversion Application received 10/29/24
Attachment f Class 4 Forest Land Conversion Application submitted 10/29/24
Attachment g Master Application for SEPA Checklist submitted 10/29/24
Attachment h SEPA Environmental Checklist submitted 10/29/24
Attachment i Project narrative received 10/29/24
Attachment j Transmittal dated 10/29/24
Attachment k Site plans received 10/3/25,
Attachment l Notice of Application dated 11/22/24 with adjacent property owner list dated 11/19/24
Attachment m SEPA Mitigated Determination of Nonsignificance with SEPA Environmental Checklist issued 12/12/25
Attachment n Recommendation of Preliminary Approval from Thurston County Public Works dated 12/15/25
Attachment o Recommendation of Preliminary Approval from Thurston County Public Health and Social Services, Environmental Health Division dated 12/20/24
Attachment p SEPA Recommendation from Thurston County Public Works dated 11/17/25
Attachment q Memo from Zach Severs (TC Water Resources) to Arthur Saint (TC Public Works) dated 10/02/24 regarding stormwater
Attachment r Letter from the City of Tumwater (comments and conditions) to Scott McCormick (TC CPED) dated 11/12/25
Attachment s Memo from City of Tumwater regarding transportation concurrency to Arthur Saint with TC Public Works dated 08/13/25
Attachment t Letter from City of Tumwater to Lawrence Wuerth II regarding availability of sewer and water dated 10/16/24
Attachment u Email from ORCAA to Shannon Vincent (TC CPED) regarding asbestos testing dated 11/27/24
Attachment v Email from Brinn Marri of the Confederated Tribes of the Chehalis Reservation to Scott McCormick (TC CPED) regarding cultural resources dated 12/23/25
Attachment w Letter from the WA Dept. of Fish and Wildlife to Shannon Vincent (TC CPED) regarding fish and wildlife resources, landmark and heritage trees dated 12/12/24
Attachment x Letter from the WA Dept. of Ecology to Shannon Vincent (TC CPED) regarding hazardous waste, solid waste and toxic clean up dated 12/11/24
Attachment y Letter from the Nisqually Indian Tribe to Shannon Vincent (TC CPED) requesting a cultural resource survey dated 11/26/24
Attachment z 88th Place Subdivision addressing assignments (undated)
Attachment aa Email from Heather Tschaekofske (TC CPED) to Scott McCormick (TC CPED) regarding prairie habitat review dated 01/22/26
Attachment bb Addressing assignments- Duplicate of Attachment Z
Attachment cc Letter from Whitney Dunlap (JSA Civil) to Tami Merriman (City of Tumwater) regarding responses to City comments dated 07/21/25
Attachment dd Memo from Nick Wheeler (JSA Civil) to Scott McCormick (TC CPED) regarding compliance with open space standards dated 03/23/26
Attachment ee Communication Matrix from Thurston County to the project applicant dated 06/16/25
Attachment ff Communication Matrix from Thurston County to the project applicant dated 09/16/25
Attachment gg Table of responses to neighbor comments dated 07/21/25 Note: Staff assumes this was produced by the applicant but there is nothing on the document indicating who created it.
Attachment hh Email from Nick Bonard (TC CPED) to Ashley Arai (Thurston County CPED Director) and Taylor Rome (Thurston County Commissioners Office) regarding comments from Ms. Fitz-Hugh dated 03/18/26
Attachment ii Letter from Mary Amandes to Ashley Arai (CPED Director) regarding her comments on the project dated 12/21/25
Attachment jj Email from Mary Amandes to Scott McCormick (TC CPED) commenting and asking questions regarding the project SEPA determination dated 12/21/25
Attachment kk Email from Dan and Teresa Zyski to Shannon Vincent (TC CPED) voicing concerns about the project density dated 02/23/25
Attachment ll Email from Jim Weston to Shannon Vincent (TC CPED) regarding groundwater flooding – Salmon Creek Water Basin dated 02/01/25
Attachment mm Email from Angela Deardorff-Zeigenfuse and Matt Zeigenfuse to Shannon Vincent (TC CPED) regarding wildlife habitat dated 12/12/24
Attachment nn Email from James and Agnes Sherry to Shannon Vincent (TC CPED) regarding wildlife habitat and traffic dated 12/12/24
Attachment oo Email from Perry D Heck to Shannon Vincent (TC CPED) regarding “restricting access to these adjacent properties”, fencing and buffering dated 12/12/24
Attachment pp Email from Gerald Fioloa to Shannon Vincent (TC CPED) regarding impacts to the environment, potential hazards infrastructure (traffic etc.), schools, annexation and property values dated 12/11/24
Attachment qq Email from Mary Amandes to Shannon Vincent (TC CPED) regarding privacy, criminal activity, traffic, residential density, infrastructure, schools, pollution, trees and wetlands dated 12/10/24
Attachment rr Arborist Report by SCJ Alliance dated 09/30/25
Attachment ss Critical Areas Report by Loowit Consulting Group, LLC dated 09/23/24
Attachment tt Integrated Pest Management Plan by (no author given) dated 10/24
Attachment uu Summary of Geotechnical Engineering Services by Sage Geotechnical dated 07/11/24
Attachment vv Traffic Impact Analysis by SCJ Alliance dated 09/25
Attachment ww Stormwater Site Plan by JSA Civil received 07/23/25
Attachment xx Email from Gerald Fioloa to Shannon Vincent (TC CPED) 12/24/24
Exhibit 2 Affidavit of Hearing Notice Posting, 4/3/26
Exhibit 3a Public Comment from Lynn Fitz-Hugh and staff response, April 7, 2026
Exhibit 3b Public Comment from Marianne Tompkins, April 13, 2026
Exhibit 3c Public Comment from Patrick Hanratty, April 13, 2026
Exhibit 3d Public Comment from Charlotte Persons, April 13, 2026
Exhibit 4 Applicant Response to Staff Report, April 13, 2026
Exhibit 5 Staff PowerPoint Presentation, April 14, 2026
Exhibit 6 City of Tumwater Letter Addressing Transportation Concurrency, April 8, 2026
Exhibit 7a Post Hearing Written Testimony, Lindsay McCoy, April 14, 2026
Exhibit 7b Post Hearing Written Testimony, Lynn Fitz-Hugh, April 14, 2026
Exhibit 7c Post Hearing Written Testimony, Jim Weston, April 16, 2026
Exhibit 8 Staff Response to Written Testimony, April 15, 2026
Exhibit 9 Applicant Response to Written Testimony, April 15, 2026
Exhibit 10 Staff Response to Written Testimony, April 16, 2026
BOARD OF COUNTY COMMISSIONER DECISION
Exhibits Before the Board of County Commissioners:
Notice of Appeal - Rescheduled
A. Appeal
B. Hearing Examiner Decision on Reconsideration- Request for Reconsideration - Hearing Examiner Decision
E. Comment Letters
Jeff Merryman, received April 26, 2026
F. Appellant Response to Comment Letters
Exhibits before the Hearing Examiner:
Hearing Examiner Decision on Reconsideration
Hearing Audio February 3, 2026(m4a format)
Hearing Examiner Order Reconvening Hearing
Hearing Audio (m4a format)
1. Staff Report including attachments
Attachment a Notice of Public Hearing Issued October 2, 2025
Attachment b Master Application, received September 19, 2024
Attachment c Special Use Permit Application (Revised), received April 28, 2025
Attachment d Applicant Narrative, received September 19, 2024
Attachment e Application attachment – Letter to the Community from Applicant, received April 28, 2025
Attachment f Application attachment – Site Plan, received September 19, 2024
Attachment g Application attachment – Topographic Survey (Revised), received April 28, 2025
Attachment h Application attachment – Drainage Report, received September 19, 2024
Attachment i Application attachment – Geotechnical Report, received September 19, 2024
Attachment j Application attachment – Regulated Prairie Report, received September 19, 2024
Attachment k Application attachment – Arborist Inventory, received September 19, 2024
Attachment l Application attachment – Landscape Plan, received September 19, 2024
Attachment m Pre-submission Conference Notes 2024100639
Attachment m1 Pre-submission Conference Notes 2024100639 – Environmental Health
Attachment m2 Pre-submission Conference Notes 2024100639 – Public Works
Attachment m3 Pre-submission Conference Notice 2024100639 – Land Use
Attachment n Code Interpretation, dated August 29, 2024
Attachment o Notice of Application, dated December 20, 2024
Attachment p Agency Comments
Attachment p1 Agency Comment – Thurston County Water Resources letter recommending approval, dated October 30, 2024
Attachment p2 Agency Comment – Thurston County Development Review, dated November 22, 2024
Attachment p3 Agency Comment – Nisqually Indian Tribe, dated January 2, 2025
Attachment p4 Agency Comment – Squaxin Island Tribe, dated January 3, 2025
Attachment p5 Agency Comment – Confederated Tribes of the Chehalis Reservation, dated January 8, 2025
Attachment p6 Agency Comment – West Thurston Regional Fire Authority, dated January 8, 2025
Attachment p7 Agency Comment – Thurston County Environmental Health letter recommending approval, dated May 15, 2025
Attachment q Public Comments, Notice of Application Period
Attachment r Communication Matrix (Revised, with Applicant Responses), dated July 22, 2025
Attachment s County Prairie Screening of parcel 13503110301, dated April 24, 2025
Attachment t Informational Maps – Staff Provided, GeoData
Attachment t1 Informational maps – Aerial
Attachment t2 Informational maps – Zoning and Land Use
Attachment t3 Informational maps – Soils USDA
Attachment t4 Informational maps – Soils – Mazama Pocket Gopher
Attachment t5 Informational maps – FEMA Flood Zones
Attachment t6 Informational maps – High Ground Water & 300’ Buffer
Attachment t7 Informational maps – Wetlands & Wetlands Buffer
Attachment t8 Informational maps – Steep Slopes
Attachment t9 Informational maps – Critical Aquifer Recharge Areas
Attachment u State Environmental Policy Act – MDNS, issued August 14, 2025
Attachment v Environmental Checklist, submitted July 22, 2025
Attachment w State Environmental Policy Act – Comments
Attachment w1 SEPA Comment – ORCAA dated Aug. 18, 2025
Attachment w2 SEPA Comment – DAHP, dated Aug. 25, 2025
Attachment w3 SEPA Comment – Department of Ecology, dated Aug. 27, 2025
Attachment w4 SEPA Comment – Confederated Tribes of the Chehalis Reservation, dated Aug. 28, 2025
Exhibit 2 Public Comments Received After Publication of the Staff Report
Exhibit 2a Public Comment from Susan Ness, received October 3, 2025
Exhibit 2b Public Comment from Merry Katt, received October 9, 2025
Exhibit 2c Public Comment from Wayne White, received October 11, 2025
Exhibit 2d Public Comment from Clayton Hill, received October 11, 2025
Exhibit 2e Public Comment from Conrad Neudorf, received October 12, 2025
Exhibit 2f Public Comment from Debbie Neudorf, received October 12, 2025
Exhibit 2g Public Comment from Brian Haight, received October 12, 2025
Exhibit 2h Public Comment from Frauke DePetter, received October 12, 2025
Exhibit 2i Public Comment from Ciara Morales, received October 13, 2025
Exhibit 2j Public Comment from Tamara Haight, received October 13, 2025
Exhibit 2k Public Comment from Craig Clark, received October 13, 2025
Exhibit 2l Public Comment from Mark Barable, received October 13, 2025
Exhibit 2m Public Comment from Denise Hinkle, received October 13, 2025
Exhibit 2n Public Comment from Fran Allen, received October 13, 2025
Exhibit 2o Public Comment from John Hinkle, received October 13, 2025
Exhibit 2p Public Comment from Cindy Wills, received October 13, 2025
Exhibit 2q Public Comment from Thomas Martin, received October 13, 2025
Exhibit 2r Public Comment from Cindy Cavanagh, received October 13, 2025
Exhibit 2s Public Comment from Joseph Haight, received October 13, 2025
Exhibit 2t Public Comment from Cynthia and Dale Bradrick, received October 13, 2025
Exhibit 2u Public Comment from Elizabeth Currier, received October 13, 2025
Exhibit 2v Public Comment from Mary D'Avanzo, received October 13, 2025
Exhibit 2w Public Comment from Jessica Kirby and Dannie Applebury, received October 13, 2025
Exhibit 2x Public Comment from Julie Newby, received October 13, 2025
Exhibit 2y Public Comment from Jeff Merryman, received October 13, 2025
Exhibit 2z Public Comment from Chris Weaver, received October 14, 2025
Exhibit 2aa Public Comment from Chief Nathan Drake, received October 14, 2025
Exhibit 3 Staff Power Point Presentation, dated October 10, 2025
Exhibit 4 Post Hearing Public Comments
Exhibit 4a Public Comment from Bonnie Helms, received October 15, 2025
Exhibit 4b Public Comment from Desiree Williams, received October 15, 2025
Exhibit 5a CPED Response to Post Hearing Comments, received, October 17, 2025
Exhibit 5b Public Works Response to Post Hearing Comments, received, October 17, 2025
Exhibit 6 Applicant PowerPoint Presentation, October 14, 2025
Exhibit 7 ACP Summary on Research on Property Values, received October 20, 2025
Exhibit 8 Report Addressing EMF Impacts from BESS Facilities, received October 20, 2025
Exhibit 9 Applicant Response to Public Comments, received October 20, 2025
EXHIBITS RECEIVED AFTER HEARING EXAMINER DECISION WAS ISSUED
Exhibit 10 Request for Reconsideration, dated November 20, 2025
Exhibit 11 Staff Response to Request for Reconsideration, dated November 24, 2024
Exhibit 12 Legal Notice for Reconvened Hearing, dated December 4th, 2025
Exhibit 13 Public Comments Received Prior to the February 3, 2026, Reconvened Hearing
Exhibit 13a Public Comment from Marsha Lang, December 5, 2025
Exhibit 13b Public Comment from Shirley Owens, January 5, 2026
Exhibit 13c Public Comment from Chief Nathan Drake, January 14, 2026
Exhibit 13d Public Comment from Thomas Trott, January 22, 2026
Exhibit 13e Public Comment from Austin Rooks, January 22, 2026
Exhibit 13f Public Comment from Kyle Hooper, January 23, 2026
Exhibit 13g Public Comment from Crystal Moore, January 24, 2026
Exhibit 13h Public Comment from Roger Hickey, January 26, 2026
Exhibit 13i Public Comment from Judy and Tom Smiley, January 27, 2026
Exhibit 13j Public Comment from Susan Ness, January 27, 2026
Exhibit 13k Public Comment from Nora Roberts, January 28, 2026
Exhibit 13l Public Comment from Gloria Wolslegel, January 28, 2026
Exhibit 13m Public Comment from Kyle Hooper, January 29, 2026
Exhibit 13n Public Comment from Chris Weaver January 29, 2026
Exhibit 13o Public Comment from Deborah Gaudin, January 30, 2026
Exhibit 13p Public Comment from Sheriann Anthony, January 30, 2026
Exhibit 13q Public Comment from Katrina Smith, January 30, 2026
Exhibit 13r Public Comment from Brian Haight, January 30, 2026
Exhibit 13s Public Comment from Lewis Zipperer, January 30, 2026
Exhibit 13t Public Comment from Judy Weaver, January 31, 2026
Exhibit 13u Public Comment from Kathy Hoiland, January 31, 2026
Exhibit 13v Public Comment from Kyle Garrison, January 31, 2026
Exhibit 13w Public Comment from Jeremy Mason, February 1, 2026
Exhibit 13x Public Comment from Susan Porath February 1, 2026
Exhibit 13y Public Comment from David Porath, February 1, 2026
Exhibit 13z Public Comment from Mike Kirsch, February 1, 2026
Exhibit 13aa Public Comment from Zac Small, February 1, 2026
Exhibit 13bb Public Comment from Garrett Rawson, February 1, 2026
Exhibit 13cc Public Comment from Rose Palmer, February 1, 2026
Exhibit 13dd Public Comment from Gary Peterson, February 1, 2026
Exhibit 13ee Public Comment from Nancey Peterson, February 1, 2026
Exhibit 13ff Public Comment from Billie Ann Almanzor, February 1, 2026
Exhibit 13gg Public Comment from Tamara Haight, February 1, 2026
Exhibit 13hh Public Comment from Gary Wildhaber, February 1, 2026
Exhibit 13ii Public Comment from Casey Taylor, February 2, 2026
Exhibit 13jj Public Comment from Debra Paul, February 2, 2026
Exhibit 13kk Public Comment from Lori Beebe February 2, 2026
Exhibit 13ll Public Comment from Margie Weaver, February 2, 2026
Exhibit 13mm Public Comment from Conrad Neodorf, February 2, 2026
Exhibit 13nn Public Comment from Sarah Hill, February 2, 2026
Exhibit 13oo Public Comment from Mel Wedvik, February 2, 2026
Exhibit 13pp Public Comment from Debbie Neudorf, February 2, 2026
Exhibit 13qq Public Comment from Jessica Wood, February 2, 2026
Exhibit 13rr Public Comment from Paul Ferrell, February 2, 2026
Exhibit 13ss Public Comment from Kyle Hooper, February 2, 2026
Exhibit 13tt Public Comment from Desiree Williams, February 2, 2026
Exhibit 13uu Public Comment from Natalie, February 2, 2026
Exhibit 13vv Public Comment from Tad Santino, February 2, 2026
Exhibit 13ww Public Comment from Bonnie Helms, February 2, 2026
Exhibit 13xx Public Comment from Marilyn Vos, February 2, 2026
Exhibit 13yy Public Comment from Tamara Haight, February 2, 2026
Exhibit 13zz Public Comment from Jennifer Hovda, February 2, 2026
Exhibit 13aaa Public Comment from Erin Ruminski, February 2, 2026
Exhibit 13bbb Public Comment from Josh Hovda, February 2, 2026
Exhibit 13ccc Public Comment from Julie Newby, February 2, 2026
Staff and Applicant Exhibits
Exhibit 14a Supplemental Information for Reconsideration Hearing, dated January 14, 2026
Exhibit 14b Convergent Energy and Power Emergency Response Plan, received January 14, 2026
Exhibit 14c Convergent NFPA memo to West Thurston Fire Department, received January 14, 2026
Exhibit 14d Convergent Training Offering, received January 14, 2026
Exhibit 15 Assessment of Potential Impacts of Fires at Bess Facilities, dated August 21, 2025
Exhibit 16a Applicant Hearing Brief, January 27, 2026
Exhibit 16b Applicant Site Selection Memo & PSE RFP Evaluation Criteria, January 27, 2026
Exhibit 16c Applicant Property Line Noise Report
Exhibit 17 Staff PowerPoint Presentation, January 28, 2026
Exhibit 18 Convergent Rochester Visual Simulations, February 2, 2026
Exhibit 19 Convergent Moss Landing Memo, February 2, 2026
Exhibit 20 Applicant PowerPoint Presentation, February 3, 2026
Post Hearing Public Comments
Exhibit 21a Mary Nelson-Dotson Post hearing Public Comment, February 4, 2026
Exhibit 22 Applicant Response to Public Comments, February 18, 2026
Exhibit 23 Staff Response to Public Comments, February 18, 2026
About the Hearing Examiner Process & How to Participate
County codes require some building and development projects to go through a public hearing process so that community members and the public can have a say in proposed development. Codes also provide a way for permit applicants to request exceptions to some land use rules. Find more about the hearing examiner below.
- Join Online Public Hearings primarily on the 2nd & 4th Tuesdays each month. How to join a Zoom Meeting
- Submit a Comment to the Land Use Clerk (see contact info below) on a Hearing Examiner Project during the project's public comment period.
- See Past Hearing Examiner Decisions linked in the drop down below.
Project Records for Recent Projects
More About the Hearing Examiner
Hearing Examiner requests are related to plat subdivisions, special uses, shoreline permits, variances, and administrative land-use. The requests and hearings are managed by the Hearing Examiner, an attorney appointed by the Board of County Commissioners (BoCC) to provide a public, quasi-judicial hearing, and issue formal decisions or make recommendations to the BoCC. Hearing Examiner decisions can be appealed to the Board of County Commissioners or the appropriate appellate body with jurisdiction, based on the record established before the Hearing Examiner. See Thurston County Code Title 2: Administration (Chapter 2.06).
Forms and Fee Schedules
Contact us
- Email Sonja Cady, Land Use Clerk
- Call 360-867-2117 | Fax 360-754-2939 | TTY/TDD call 711 or 1-800-833-6388
- Mail Thurston County Office of the Hearing Examiner
3000 Pacific Ave SE, Suite 100
Olympia, WA 98501