Project Records - Hearing Examiner

Recent Hearing Examiner Decisions, Agendas, Staff Reports, attachments and Hearing Audio

Hearing Examiner Projects and Associated Documents

Hearing Examiner Decision

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 and RUE Application received June 6, 2024, RUE Narrative revised August 22, 2024

Attachment d Site plans, received June 6, 2024, and updated January 23, 2025

Attachment e Wetland/Stream Delineation and RUE Analysis Report dated November 20, 2024

Attachment f Avoidance, Minimization, and No Net Loss Mitigation Enhancement Plan Analysis, dated November 20, 2024

Attachment g Notice of Application, dated August 28, 2024

Attachment h Comment Memorandum from Kyle Overton, Thurston County Public Health and Social Services Department, dated February 11, 2025

Attachment i Comment email from Shaun Dinubilo of the Squaxin Island Tribe, dated September 9, 2024

Attachment j Comment letter from Brad Beach of the Nisqually Indian Tribe, dated September 5, 2024

Attachment k Drainage Report, and Engineered Drainage Plan, revised March 3, 2025

Attachment l Stormwater Dispersion information, email dated August 28, 2024

Attachment m Stormwater CAO Criteria per Civil Engineer, email dated April 29, 2025

Attachment n Topographic Survey dated November 1, 2023

Attachment o Public comment, Mike Greenstreet, email dated September 12, 2024; applicant response email dated May 8, 2025

Hearing Examiner Decision on Remand Due by June 10, 2025

Written comment from members of the public, if any, shall be submitted by 4:00 pm on May 19, 2025.
Applicant and Staff shall have 4:00 pm on May 27, 2025 to submit responses to timely post-hearing comment.
The record will close upon the date the last of written submissions pursuant to this schedule, and the remand findings, conclusions, and decision shall issue within 10 business days, or if the above schedule is met, not later than June 10, 2025.

Hearing Audio May 6, 2025 (m4a format)

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a 1966.12.29 - Johnson Point Plat (April 17, 1944) - AF#752928

Attachment b 1991.05.29 - BLA - AF#9105290016

Attachment c 1992.03.19 - BLA - AF#9203190240

Attachment d 1992.04.06 - 3 lots accepted as 1 separate parcel (see p. 11)

Attachment e 2020.07.30 - Residence Master Application

Attachment f 2021.02.22 - TM Subdivision Guarantee Policy

Attachment g 2021.05.04 - Critical Areas Report

Attachment h 2021.05.05 - SEPA-Cover Sheet

Attachment i 2021.05.05 - SEPA-Environmental Checklist

Attachment j 2021.05.27 - Certificate of Water Availability

Attachment k 2024.10.09 - Abbrev. Drainage Report

Attachment l 2024.04.17 - Building Footprint Analysis

Attachment m 2024.01.30 - Communication Matrix-Applicant Response

Attachment n 2024.01.30 - Joint Aquatic Resources Permit

Attachment o 2024.01.30 - Shoreline Administrative Variance

Attachment p 2024.01.30 - Residential Development Reasonable Use Exception Plan Set

Attachment q 2024.02.22 - Habitat Assessment & Mitigation Plan

Attachment r 2024.07.29 - Administrative Shoreline Variance Application

Attachment s 2024.07.29 - Analysis for Administrative Shoreline Variance from Setbacks

Attachment t 2024.08.21 - LEGAL-NOTICE-2021102274

Attachment u 2024.10.09 - Residence Development Plans

Attachment v 2024.10.13 - LEGAL-NOTICE-AND-APO-LIST-2021102274

Attachment w 2021.05.25 - Reasonable Use Exception Application

Attachment x 2024.02.21 - Critical Area Review Permit Application

Attachment y Dry Land v. Submerged Land Arial – K. Chalem

Attachment z 2024.07.31 - Combined Notice of Application, DNS, Public Hearing

Attachment aa Agency Comments

2021.05.28 - Agency Comment - Squaxin Island Tribe
2021.06.02 - Agency Comment - Nisqually Indian Tribe
2021.06.02 - Agency Comment - TC Floodplain Manager
2021.06.08 - Agency Comment - DAHP
2021.06.09 - Agency Comment - DOE
2021.06.22 - Agency Comment - E.H.
2024.01.29 - Agency Comment - DAHP
2024.08.12 - Agency Comment - Nisqually Indian Tribe
2024.08.13 - Agency Comment - DOE (SEPA)
2024.11.15 - Agency Comment - E.H. Recommendation
2024.11.18 – Agency Comment - TC Biologist
2024.11.14 - Agency Comment - TC Public Works

Attachment bb Public Comments

2024.08.19 - public comment with photos - Burt and Cheryl Miller
2024.08.13 -public comment with photos, Berchauer1
2024.08.13 -public comment with photos, Berchauer2
2024.08.13 -public comment, Berchauer3

Attachment cc 2024.12.05 - Proof of Publication to Nisqually News

Attachment dd 2024.12.06 - Applicant Signed Affidavit of Posting

Attachment ee 2024.12.04 - Shoreline Variance Analysis / Narrative

Attachment ff 2024.11.21 - MSA Consultant Clarification of Habitat Assessment

Attachment gg 2024.11.20 - Signed Affidavit of Site Posting for Hearing Nov. 26

Attachment hh Communication Matrix Environmental Health

Attachment ii Combined Notice of Application, MDNS, and Hearing with APO list, July 31, 2024

Attachment jj Notice of December 19, 2024 Public Hearing and APO List, December 2, 2024

Exhibit 2a Johnson Point Water System Home Owner's Association Comment, December 11, 2024

Exhibit 2b Burt Miller Comment, December 17, 2024

Exhibit 2c Burt Miller Comment, December 18, 2024

Exhibit 2d Scott Gustafson Comment, December 18, 2024

Exhibit 3 Amended Environmental Health Comment, December 17, 2024

Exhibit 4 Applicant's Response to Staff Report and Additional Exhibits December 19, 2024

Exhibit 5a Post hearing comment, Barbara Chambers, December 23, 2024

Exhibit 6 Applicant Response to post hearing comment, December 23, 2024

Exhibit 7 Board of County Commissioners decision to Remand, April 1, 2025

Exhibit 8 Order Reopening Record, April 21, 2025

Exhibit 9 Amended Order Reopening the Record, April 29, 2025

Exhibit 10 Declaration of Heather Burgess, received May 6, 2025

Exhibit 11 Applicant's Submittal on Remand, received May 6, 2025

Exhibit 12 SMP for Thurston County in Effect in 1976, received May 6, 2025

Exhibit 13 Order Requiring Notice and Extending Comment Period, May 7, 2025

Exhibit 14 Affidavit of Hearing Notice Posting with Picture, May 8, 2025

Exhibit 15 Amended Legal Notice and Mailing List, May 8, 2025

Exhibit 16 Order Advising of the Duration of the Extended Comment Period, received May 9, 2025

Exhibit 17 Corrected Order Advising of the Duration of the Extended Comment Period, received May 9, 2025

Exhibit 18a Post Reconvened Hearing Public Comment, Debra Berschauer, received May 18, 2025

Exhibit 18b Post Reconvened Hearing Public Comment, Barbara Chambers received May 18, 2025

Exhibit 18c Post Reconvened Hearing Public Comment, Mindy Potvin, received May 19, 2025

Exhibit 18d Post Reconvened Hearing Public Comment, J. Richard Aramburu, Appellant Representative, received May 19, 2025

Exhibit 18e Post Reconvened Hearing Public Comment, Carolyn Savage, received May 19, 2025

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a Applications (Master and RUE), submitted December 4, 2023

Attachment b Notice of Application, mailed December 15, 2023

Attachment c Notice of Public Hearing, dated April 10, 2025

Attachment d Revised Site plan, received March 21, 2025

Attachment e Geotechnical Engineering Report, Georesources, received January 3, 2025

Attachment f County Geotechnical review and approval from building permit review

Attachment g Environmental Health recommendation of approval, dated December 29, 2023

Attachment h Public Works recommendation of approval email, dated December 8, 2023

Attachment i Nisqually Indian Tribe, Brad Beach comment letter, dated December 15, 2023

Attachment j Public comment email, received December 19, 2023

Attachment k Communication Matrix Response, received January 3, 2025

Attachment l Prairie and Mazama Pocket Gophers Map

Exhibit 2 Environmental Health Revised Recommended Conditions, April 22, 2025

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a. Notice of Public Hearing - published, March 27, 2025

Attachment b. Affidavit of Hearing - Notice Installation – posted, March 25, 2025

Attachment c. Photo of Posted Notice Sign - received, March 25, 2025

Attachment d. Applications Materials - received, November 5, 2024

Attachment e. Notice of Application - issued, 01.22.2025

Attachment f. Communication Matrix - issued, 03.06.2025

Attachment g. Agency Comments:

Attachment h. Short Subdivision Auditor File #3616374 - recorded, 02.06.2004

Attachment i. Corrected Notice of Application and Public Hearing - issued, 03.21.2025

Attachment j. Additional photograph of notice board posted on site was submitted, 03.27.2025

Attachment k. Certificate of Occupancy - issued, 08.04.2004

Attachment l. Communication Matrix - issued, 05.10.2023

Exhibit 2 Correction email from Heidy Barnett, April 7, 2025

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment A Master Application submitted, March 4, 2024

Attachment B Division of Land Application submitted, March 4, 2024

Attachment C Forest Land Conversion Application and Map submitted, March 4, 2024

Attachment D SEPA Cover Letter submitted, March 4, 2024

Attachment E SEPA Checklist submitted, March 4, 2024

Attachment F Preliminary Plat Map submitted, August 12, 2024

Attachment G Civil Plan Set submitted, September 9, 2024

Attachment H Notice of Application issued, May 15, 2024

Attachment I City of Lacey Comments dated, June 8, 2024

Attachment J Department of Ecology Comments dated, June 3, 2024

Attachment K Environmental Health Preliminary Approval LTR dated, May 9, 2024

Attachment L Safe Walk Analysis submitted, September 10, 2024

Attachment M Squaxin Island Comment dated, September 27, 2024

Attachment N SEPA MDNS issued February 5, 2025

Attachment O Geotechnical Study dated, February 28, 2024

Attachment P Stormwater Pollution Prevention Plan (SWPPP) submitted, March 20, 2024

Attachment Q Water and Sewer Availability Letter dated, March 3, 2024

Attachment R Integrated Pest Management Plan submitted, March 20, 2024

Attachment S Preliminary Tree Protection Plan submitted, September 10, 2024

Attachment T Public Works Preliminary Approval Letter dated, March 11, 2025

Attachment U Drainage Report submitted, March 20, 2024

Attachment V Traffic Analysis submitted, September 12, 2024

Attachment W Nisqually Tribe Comments dated, June 27, 2024

Attachment X Citizen Comment dated, May 31, 2024

Attachment Y Comment Ridgeview II HOA dated, May 30, 2024

Attachment Z Comment Nisqually Bluff HOA dated, June 1, 2024

Attachment AA Legal Notice, March 20, 2025

Attachment BB Affidavit of Public Notice Posting

Exhibit 2A Public Comment, Dirk A. Marler, President, Nisqually Bluff HOA, received April 7, 2025

Exhibit 3 Additional Documents Provided by the Applicant at the Hearing

Exhibit 3a Project Narrative

Exhibit 3b Trip Generation Report by Heath & Associates, February 7, 2024

Exhibit 3c Drainage Maintenance Plan, January 31, 2024

Exhibit 3d Groundwater Monitoring Letter by Earth Solutions, June 25, 2024

Exhibit 3e Plat Name Reservation Certificate, January 22, 2025

Exhibit 3f Email exchange re: Steilacoom Rd intersection with Tordon Lane – addressing condition in staff report, April 4, 024

Exhibit 3g Update from Earth Solutions re Tacoma Smelter Plume report, April 4, 2025

Hearing Examiner Decision

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 RUE Application and Narrative, received December 31, 2024

Attachment d Site plan, received December 31, 2024

Attachment e Critical Areas Report Plan dated December 10, 2024

Attachment f Notice of Application, dated January 15, 2025

Attachment g Comment Memorandum from Kyle Overton, Thurston County Public Health and Social Services Department, dated February 18, 2025

Attachment h Comment email from Shaun Dinubilo of the Squaxin Island Tribe, dated January 29, 2025

Attachment i Appendix F, Thurston County Habitat Conservation Plan

Attachment j Mazama pocket gopher soils map for subject parcel

Exhibit 2 Staff clarifying comment, dated March 25, 2025

Hearing Examiner Decision

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 received August 21, 2024, RUE Application and Narrative, revised received December 31, 2024

Attachment d Site plan, revised received December 31, 2024

Attachment e Critical Areas Report Plan dated December 10, 2024

Attachment f Notice of Application, dated September 11, 2024

Attachment g Comment Memorandum from Kyle Overton, Thurston County Public Health and Social Services Department, dated November 18, 2024

Attachment h Comment email from Shaun Dinubilo of the Squaxin Island Tribe, dated September 23, 2024

Attachment i Comment letter from Brad Beach of the Nisqually Indian Tribe, dated September 13, 2024

Attachment j Appendix F, Thurston County Habitat Conservation Plan

Attachment k Mazama pocket gopher soils map for subject parcel

Exhibit 2 Staff clarifying comment, dated March 25, 2025

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a. Notice of Public Hearing - Published, January 31, 2025

Attachment b. Affidavit of Hearing - Notice Installation – Posted, January 29, 2025

Attachment c. Photo of Posted Notice Sign - Received, 01.29.2025

Attachment d. Applications Materials

Attachment e. Notice of Application - Issued, 02.07.2024

Attachment f. SEPA Determination of Nonsignificance - Issued, 12.04.2024

Attachment g. BLA Map - AF.#4940081 - Recorded, 07.07.2022

Attachment h. Revised Plat Map - Received, 08.02.2024

Attachment i. Revised Plat Map(2) - building site - Received, 08.02.2024

Attachment j. BLA Map - A.F.#5044081 - Recorded, 01.24.2025

Attachment k. BLA Declaration and Covenants - A.F.#5044080 - Recorded, 01.24.2025

Attachment l. Agency Comments:

Attachment m. Public Comments:

Attachment n. 2019.11.26 - Presubmission Conference –2019106170

Attachment o. 2022.10.19 - Presubmission Conference – 2022105337

Attachment p Ord. #11518 - Relating to Ch. 17.25 TCC - Forest Practices

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a Notice of Public Hearing, dated January 17, 2025

Attachment b Zoning Vicinity Map

Attachment c Master Application, and Vicinity Map submitted June 24, 2022

Attachment d Reasonable Use Exemption (sic) Application, submitted June 24, 2022

Attachment e Site plans, original dated June 24, 2022, and revised final site plan dated November 4, 2024

Attachment f Critical Areas report, dated June 22, 2022

Attachment g RUE Narratives, dated June 27, 2023, and July 22, 2024 Amended October 17, 2024

Attachment h Notice of Applications, dated October 14, 2022

Attachment i Building site (septic) application, approved February 5, 1990

Attachment j Short plat application received May 1, 1990, and recorded short plat map dated August 1, 1990

Attachment k Short plat environmental checklist received May 1, 1990, with final Determination of Nonsignificance issued June 20, 1990

Attachment l Comment memorandum from Dawn Peebles, Thurston County Public Health & Social Services Department, dated November 9, 2023

Attachment m Comment letter from Brad Beach of the Nisqually Indian Tribe, dated October 17, 2022

Attachment n Comment email from Shaun Dinubilo of the Squaxin Island Tribe, dated October 21, 2022

Attachment o 2006 aerial image of early patio along shoreline

Attachment p Assessor field notes of original home footprint in 1990

Attachment q Applicant supplemental information and matrix response, submitted on June 28, 2023

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a Notice of Public Hearing

Attachment b Vicinity / Zoning Map

Attachment c Master Application received May 7, 2024

Attachment d Release of Moratorium for a Development Project Application, dated May 7, 2024

Attachment e Boundary Line Adjustment maps received December 19, 2024

Attachment f Combined Notice of Application and SEPA Determination of Nonsigificance July 19, 2024 with adjacent property owners list dated July 18, 2024

Attachment g Environmental Checklist (undated)

Attachment h Final SEPA determination dated September 13, 2024

Attachment i Copy of the WA DNR Forest Practice Permit and application dated November 4, 2021

Attachment j Approval memo from Kyle Overton, TC Environmental Health dated January 3, 2025

Attachment k Communication matrix dated September 10, 2024 with County comments and applicant response

Attachment l Comment letter from community member Marcelyn Senger and Joann Wiszmann received August 7, 2024

Attachment m Left intentionally blank

Attachment n Applicants response to community member comments (highlighted in yellow) undated.

Attachment o Comment letter from the Nisqually Tribe dated August 2, 2024

Exhibit 2 Photo of posted hearing notice

Hearing Examiner Decision Due:

Applicants' Objection to Re-Opening Record

Order Reopening Record

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a Notice of Public Hearing

Attachment b Master and Special Use Applications for Five-Year Review and Mine Expansion, submitted September 30, 2020

Attachment c Applicant Narrative, submitted September 30, 2020

Attachment d Application attachments, submitted September 30, 2020

Attachment e Site Plans, submitted September 30, 2020

Attachment f Presubmission Conference Planning Notes dated May 7, 2020

Attachment g Nisqually Tribe response to application notice, dated October 26, 2020

Attachment h Approved Site Plan from SUP 5-86, dated February 2, 1986

Attachment i Staff Report for SUP 5-86 5 YR Review, dated August 5,1991

Attachment j Notice of Application for 5 YR Review and Expansion, dated January 22, 2021

Attachment k First Hold/More Information Needed Letter, dated February 8, 2021

Attachment l First Extension Request (McLucas), dated July 23, 2021

Attachment m Hydrogeology review comments (K. Hansen), dated December 14, 2021

Attachment n Revised Master Application/New Consultants, dated December 20, 2021

Attachment o Comment Matrix #1 for combined application, dated January 25, 2022

Attachment p Separated Comment Matrix for 5 YR Review only, dated May 5, 2022

Attachment q Cover Letter for 5 YR Review Resubmittals (q1-q17), received July 29, 2022

Attachment q1 Exhibit A: HE Decision SUP 5-86

Attachment q2 Exhibit B: HE Decision SUP 5-86 Five YR Review (1991)

Attachment q3 Exhibit C: HE Decision SUPT 96-1164 Five YR Review (1997)

Attachment q4 Exhibit D: Mike Kain Memo, dated April 10, 2007

Attachment q5 Exhibit E: Environmental Health memo, dated July 18, 2007

Attachment q6 Exhibit F: Solid Waste Handling Permit cover sheets

Attachment q7 Exhibit G: Solid Waste Handling Permit

Attachment q8 Exhibit H: ORCAA Certificates

Attachment q9 Exhibit I: 2021 DOE Sand & Gravel General Permit

Attachment q10 Exhibit J: 2022 DOE Inspection Report and Transmittal Letter

Attachment q11 Exhibit K: DOE App. Template

Attachment q12 Exhibit L: DNR Surface Mining Permit

Attachment q13 Exhibit M: Gravel Production Data 2005-2021

Attachment q14 Exhibit N: Detailed Info re: Materials Recycled

Attachment q15 Exhibit O: Gilliardi Plant 1 Spill Response Plan

Attachment q16 Exhibit P: 2022 SWPPP

Attachment q17 Exhibit Q: Site Plan

Attachment r DOE Comments on revised application, dated August 8, 2022

Attachment s Emails re: Expansion app withdrawal, HCP, etc., dated June-August 2022

Attachment t Additional emails re: Application Revision due date, dated July 2022

Attachment u Hydrogeology review comments (K. Hansen), dated September 6, 2022

Attachment v Comment Matrix #1 on Revised 5 YR Review Application, dated October 24, 2022 and including applicant responses to comments, submitted April 20, 2024

Attachment w Revised Master Application/New Consultant (Lombardini), dated May 2, 2023

Attachment x Hydrogeology review comment email (K. Hansen), dated July 5, 2023

Attachment y Emails surrounding last submittals, dated January 2024

Attachment z Additional emails surrounding last submittals, dated January 2024

Attachment z1 Applicant’s Review Scope Narrative, received February 5, 2024

Attachment z2 Exhibit Q: Site Plan

Attachment z3 Exhibit R: ORCAA permit

Attachment z4 Exhibit S: Squaxin email, dated August 12, 2022

Attachment z5 Exhibit T: Narrative Report of Compliance Review

Attachment z6 Exhibit U: 2023 SWHP Extension

Attachment z7 Memo of Environmental Health approval, dated February 16, 2024

Attachment z8 Aerial photos 2000, 2006, 2022

Attachment z9 Second request for extension (Hempelmann & Burke), dated January 24, 2022

Attachment z10 Email of last submittals, dated February 5, 2024

Attachment z11 Site visit photos from April 28, 2021

Attachment aa Affidavit of Hearing Notice Installation, January 2, 2025

Documents received after publication of the staff report:

Exhibit 2a Solid Waste Permit 2023

Exhibit 2b Solid Waste Permit 2024

Exhibit 2c Solid Waste Permit 2025

Exhibit 2d 2007 Recycling Facility Emails

Exhibit 3 Ordinance 8126

Exhibit 4 Complete Set of Recycling Facility Aerial Site Photographs from 2006-2022

Exhibit 5 Series of Emails from 2012

Exhibit 6 Production Volumes 2022-2024

Applicant Post Hearing Analysis and Information

Exhibit 7 Tech Memo 67, received March 14, 2025

Exhibit 8 Email of App Processing, received March 14, 2025

Exhibit 9 Mine Expansion VS 5-Tear Review SUP 5-86, received March 14, 2025

Exhibit 10 Invitation for Additional Conditions, received March 14, 2025

Exhibit 11 Nisqually Gravel Pit Groundwater Monitoring Report, received March 14, 2025

Exhibit 12 Nisqually Gravel Pit Sampling and Analysis Plan SUP 5-86, received March 14, 2025

Exhibit 13 Notice to City of Olympia Mine & Well, SUP 5-86, received March 14, 2025

Exhibit 14 Staff Belief Recycle No Land Use Approval, received March 14, 2025

Exhibit 15 Secure Site Photos, received March 14, 2025

Exhibit 16 Staff Request for Extension to April 11, 2025, received March 27, 2025

Exhibit 17 Staff Responses to Applicant's Post Hearing Analysis

Exhibit 17a Abbie Adams Response, received April 11, 2025

Exhibit 17b Kevin Hansen Response, received April 11, 2025

Applicants Post Hearing Reply

Exhibit 18a The Olympian Article

Exhibit 18b McAllister Wellfield, Yelm Community Blog

Exhibit 19 EPA & DOH Advisory

Exhibit 20 2024 WQR 061124 McAllister Wellfield

Exhibit 21 DOH Delineation Wellhead Protection Zones

Exhibit 22 WA DOH Wellhead Protection Area

Exhibit 23 Federal Safe Drinking Water Act Overview

Exhibit 24a McAllister Wellfield DWPA

Exhibit 24b OLY Water System Plan

Exhibit 25 McAllister Wellfield WHPA

Exhibit 26 Geological Cross Section

Exhibit 27 McAllister 3 Well Log Depths

Exhibit 28 WQR 030625 McAllister 2025

Exhibit 29 Staff Response to Order, May 6, 2025

Exhibit 30 Applicant Response to Order, May 6, 2025

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a. Notice of Public Hearing, published: January 2, 2025

Attachment b. Affidavit of Hearing, Notice Installation, posted: January 2, 2025

Attachment c. Final Environmental Impact Statement for Tilley Rd. Mining Operation, April 1994

Attachment d. Applications Materials, Submitted: July 15, 2022

Attachment e. Reserved

Attachment f. Notice of Application, issued: September 14, 2022

Attachment g. Groundwater Monitoring and Response Plan - Revised 01.08.2025

Attachment h. Project Narrative for 5-year Review of Tilley Rd. Project (Feb 2024)

Attachment i. Applicant Response to Comment Matrix, received: June 6, 2024 (sent: April 26, 2024)

Attachment j. Signed Response to Review Comments and list of changes, received: June 12, 2024

Attachment k. Agency Comments:

1. Arthur Saint, Civil Engineer, Public Works, received: 01.03.2025

2. Dawn Peebles, E.H., Program Manager, PHSS, received: 01.08.2025

3. Kevin Hansen, Hydrologist, CPED, received: 01.07.2025

4. Tim Rubert, Flood Plain Manager, CPED, received: 01.08.2025

5. Department of Natural Resources, received: 09.20.2022

6. Squaxin Island Tribe, received: 09.20.2022

Attachment l. Public Comments:

Attachment m. Maps:

Site Plan (1992)
site plan snip (1992)
Aerial snip (2020)
vicinity

Exhibit 2 2021 Lidar terrain model showing berm

Exhibit 3 Annual Gravel Extratction Totals

Exhibit 4 Full aerial version of page 7 of Attachment D.6

Exhibit 5 TC Ordinance #10368

Exhibit 6 TC Code 17.20

BoCC Decision

Appeal to Board of County Commissioners

Hearing Examiner Decision on Reconsideration

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a Legal Notice and Adjacent Property Owners List

Attachment b 2024.02.07 - Notice of Application

Attachment c 2023.12.29 - Master and Special Use Permit Applications

Attachment d 2023.12.23 - Site Plan

Attachment e 2024.07.10 - Applicant Response to 04.29.2024 Communication Matrix

Attachment f 2024.07.10 - Drainage plan and traffic generation report

Attachment g 2024.07.10 - HCP application for Hillside Farms

Attachment h 2024.07.10 - Revised Site Plan

Attachment i 2024.07.10 - Revised SUP application

Attachment j 2024.07.10 - Trip Generation Memorandum

Attachment k 2024.07.10 - Abbreviated Drainage Plan

Attachment l 2020.01.10 - OSF assessment

Attachment m 2020.01.29 - wetland mitigation site plan

Attachment n 2020.01.30 - CARP - Decision letter

Attachment o 2020.02.25 - HEX Approved R.U.E. Decision

Attachment p 2023.08.24 - Land Use Intake Checklist & Planning Presub Notes

Attachment q 2024.07.09 - Approved Site Plan for Retaining Wall

Attachment r 2019.12.12 - Wetland Buffer Mitigation Plan for Hillside Farms

Attachment s Agency Comments

02.23.2024 - Agency Comment – Squaxin Island Tribe
2024.02.16 - Agency Comment - Nisqually Tribe
2024.08.29 - Agency Comment - Thurston County Public Health
2024.08.12 - Agency Comment - Thurston County Public Works

Attachment t Public Comments

2024.02.09 - Public Comment - Bob Partlow
2024.02.09 - Public Comment - Kristie Danzer
2024.02.09 - Public Comment – Will
2024.02.13 - Public Comment - Nick Damian
2024.02.13 - Public Comment - Sherry Hill(2)
2024.02.13 - Public Comment - Sherry Hill
2024.02.15 - Public Comment - Jennifer Bourke
2024.02.26 - Public Comment - Justin Bourke
2024.02.27 - Public Comment - Joni Blake
2024.02.27 - Public Comment - Rob Lamie
2024.02.27 - Public Comment - Tracy Lamie
2024.03.25 - Public Comment - Sherry Hill
2024.04.06 - Public Comment - Sherry Hill
2024.05.21 - Public Comment - Sherry Hill
2024.06.03 - Public Comment - Joni Blake
2024.06.03 - Public Comment - Sherry Hill
2024.06.10 - Public Comment - Sherry Hill
2024.06.25 - Public Comment - Sherry Hill
2024.07.08 - Public Comment - Sherry Hill
2024.07.22 - Public Comment - Justin Bourke
2024.07.22 - Public Comment - Sherry Hill
2024.07.23 - Public Comment - Sherry Hill
2024.08.05 - Public Comment - Sherry Hill
2024.11.22 - Public Comment - Nicholas Damian

Attachment u 2024.11.28 - Public Notice Board (Email)

Attachment v 2024.12.03 - Public Notice Board (Email)

Attachment w 2024.12.04-Applicant Response to Public Comments

Attachment x Applicant worksheet used by Environmental Health

Exhibit 2a Public Comment from Sherry Hill and Ryan Smith, December 6, 2024

Exhibit 2b Public Comment from Jennifer Bourke, December 8, 2024

Exhibit 2c Public Comment from Joni Blake, December 9, 2024

Exhibit 2d Public Comment from Tracy Lamie, December 9, 2024

Exhibit 2e Public Comment from Robert Lamie, December 9, 2024

Exhibit 3 Applicant Impervious Surface Calculations and Applicant records of events held in 2024

Exhibit 4a Post-hearing comment, Jennifer and Justin Bourke, December 11, 2024

Exhibit 4b Post-hearing comment, M.B., December 12, 2024

Exhibit 4c Post-hearing comment, Joni Blake, December 12, 2024

Exhibit 5 Applicant response to post hearing comments, December 16, 2024

Exhibit 6 Staff response to post hearing comments, December 17, 2024

Exhibit 7 Request for Reconsideration, January 21, 2025

Exhibit 8 Staff Response to Request for Reconsideration, January 28, 2025

Exhibit 9 Applicant Response to Staff and Parking Agreement, January 30, 2025

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1. Staff Report including attachments

Attachment a Notice of Public Hearing

Attachment b Notice of Application

Attachment c Variance Permit Application Packet, received March 19, 2024

Attachment d Incompleteness Letter, dated April 11, 2024

Attachment e Master Application, received April 17, 2024

Attachment f Variance Permit Application, received April 17, 2024

Attachment g Site Plan, received March 19, 2024

Attachment h Boston Harbor Church Historic Information, received March 20, 2024

Attachment i Correspondence Regarding Water and Sewer Connections, dated September 6, 2023

Attachment j Winter Water Study Letter, dated January 19, 2006

Attachment k Septic Site Evaluation, dated July 26, 2024

Attachment l Applicant response to communication matrix, dated September 27, 2024

Attachment m Agency Comments – Memorandum from Kyle Overton, Thurston County Environmental Health, dated July 22, 2024

Attachment n Agency Comments – Memorandum from Todd Mason, Thurston County Public Works Development review, dated July 30, 2024

Attachment o Agency Comments – Addressing Assignment from Corey Bennett, dated April 16^th, 2024.

Attachment p Agency Comments – Nisqually Indian Tribe, dated April 30, 2024

Attachment q Public Comment, Becky Midles, dated May 2, 2024

Attachment r Public Comment, Bill and Donna Neumann, dated May 2, 2024

Attachment s Public Comment, Bob & Michelle Nanney, dated August 20, 2024

Attachment t Public Comment, Chas Dreyfus, dated May 1, 2024

Attachment u Public Comment, Chris Meeha, dated May 1, 2024

Attachment v Public Comment, Connie Fraser, dated May 13, 2024

Attachment w Public Comment, Cynthia Monge-Eaton, dated April 30, 2024

Attachment x Public Comment, David Hartley, dated May 10, 2024

Attachment y Public Comment, Edward Steinweg, dated May 14, 2024

Attachment z Public Comment, Frank Swinkey, dated May 9, 2024

Attachment aa Public Comment, Jeff Nejedly, dated May 12, 2024

Attachment bb Public Comment, Joanne Koenig, dated May 13, 2024

Attachment cc Public Comment, John T. and Reita M. Marshall, dated May 10, 2024

Attachment dd Public Comment, Jules James, dated April 28, 2024

Attachment ee Public Comment, Jules James, May 7, 2024

Attachment ff Public Comment, Jules James, August 25, 2024

Attachment gg Public Comment, Juneau Sharman, dated May 4, 2024

Attachment hh Public Comment, Katherine and Samuel Mayo, dated May 14, 2024

Attachment ii Public Comment, Kim and Mark Kelley, dated May 10, 2024 and correction dated May 11, 2024

Attachment jj Public Comment, Lasha Steinweg, dated May 8, 2024

Attachment kk Public Comment, Lynda Eich, dated May 3, 2024

Attachment ll Public Comment, Mark Koenig, dated May 13, 2024

Attachment mm Public Comment, Meredith Rafferty, dated May 11, 2024

Attachment nn Public Comment, Meribeth Duffy, dated May 13, 2024

Attachment oo Public Comment, Mian Bond Carvin, dated April 30, 2024

Attachment pp Public Comment, Neil J. Sexton & Audrey Forcier, dated May 9, 2024

Attachment qq Public Comment, Pandora Eyre, dated May 6, 2024

Attachment rr Public Comment, Randy Carman, dated May 14, 2024

Attachment ss Public Comment, Robert and Michelle Nanny, dated May 6, 2024

Attachment tt Public Comment, Shelly Lang, dated May 13, 2024

Attachment uu Public Comment, Toni and Tony Camp, dated May 10, 2024

Attachment vv Public Comment, William Hurn, dated May 3, 2024

Attachment ww Applicant Response to Public Comments, dated September 27, 2024

Exhibit 2 Notice of Appearance, Christopher H. Pierce-Wright of Dickson Frohlich Phillips Burgess PLLC

Exhibit 3a Public Comment from Jules James, received November 27, 2024

Exhibit 3b Public Comment from Randall Tompkins, received November 27, 2024

Exhibit 3c Public Comment from Marianne Tompkins, received November 27, 2024

Exhibit 3d Public Comment from Patrick and Kathryn Townsend, received December 1, 2024

Exhibit 3e Public Comment from Chris and Blair Nixon received December 1, 2024

Exhibit 3f Public Comment from Bob Nanney, received December 1, 2024

Exhibit 3g Public Comment from Michelle Nanney, received December 1, 2024

Exhibit 3h Public Comment from Julie Hayes, received December 1, 2024

Exhibit 3i Public Comment from Kyle Reese-Cassal, received December 2, 2024

Exhibit 3j Public Comment from William Hurn, received December 2, 2024

Exhibit 3k Public Comment from Jeff Kihldahl, received December 2, 2024

Exhibit 3l Public Comment from Lasha Steinweg, received December 2, 2024

Exhibit 3m Public Comment from Kelly and Kaye Mayo, received December 2, 2024

Exhibit 3n Public Comment from Kim and Mark Keley, received December 2, 2024

Exhibit 3o Public Comment from Kathleen Rubida, received December 2, 2024

Exhibit 3p Public Comment from Toni and Tony Camp, received December 2, 2024

Exhibit 3q Public Comment from Mike Sellas, received December 2, 2024

Exhibit 4 Applicant's Supplemental Response to Public Comments, December 5, 2024

Thurston County, Washington

Community Planning and Economic Development

Project Records - Hearing Examiner

Hearing Examiner Projects and Associated Documents