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 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
Hearing Examiner Decision Due April 24th or 28th
- The record is held open through 4/10 for public comment from members of the public who tried to join the virtual hearing but were unable to join/make comment for technology or access reasons.
- If there is no post-hearing comment, the record closes on 4/10, and the 10-business day decision deadline will be 4/24/2025
- If there is post-hearing comment, Staff and Applicant have until close of business 4/14 to respond in writing, the record closes on 4/14, and the 10-business day decision deadline will be 4/28/2024
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:
- 11.14.2024 - TC PW - Arthur Saint, Civil Engineer, Public Works
- 12.17.2024 - Kyle Overton, Environmental Health Specialist, PHSS
- 01.27.2025 - Brad Beach, THPO, Nisqually Indian Tribe
- 12.17.2024 - Heather Tschaekofske, TC CPED
- 12.17.2024 - Shaun Dinubilo, Archaeologist, Squaxin Island Tribe
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 Due April 24th or 28th
- The record is held open through 4/10 for public comment from members of the public who tried to join the virtual hearing but were unable to join/make comment for technology or access reasons.
- If there is no post-hearing comment, the record closes on 4/10, and the 10-business day decision deadline will be 4/24/2025
- Regardless of whether there is post-hearing comment, the Applicant has until 4/14 to provide the items in the bulleted list at the end of this post-hearing schedule.
- If there is post-hearing comment, Staff and Applicant have until close of business 4/14 to respond in writing, the record closes on 4/14, and the 10-business day decision deadline will be 4/28/2024
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 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 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 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
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Preliminary Construction Stormwater Pollution Prevention Plan - dated, 05.08.2024
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Preliminary Engineered Abbreviated Drainage Plan - dated, 05.08.2024
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:
- 07.19.2024 - TC PW - Arthur Saint, Civil Engineer, Public Works
- 06.17.2024 - Kyle Overton, Environmental Health Specialist, PHSS
- 02.16.2024 - Brad Beach, THPO, Nisqually Indian Tribe
- 01.30.2025 - Tim Rubert, Flood Plain Manager, CPED
- 02.16.2024 - Department of Ecology
- 02.14.2024 - Shaun Dinubilo, Archaeologist, Squaxin Island Tribe
- 01.11.2024 – Addressing Assignment
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 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 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 by April 25, 2025
- The record is held open through 1/16 for public comment from members of the public who tried to join the virtual hearing but were unable to join/make comment for technology or access reasons.
- If there is post-hearing comment, Staff and Applicant have until close of business 1/21 to respond in writing.
- The record is also held open for the following and the Examiner will retain jurisdiction over this application for the following submittals:
- Applicant rebuttal to County position in testimony, due March 14, 2025
- County Department reviews due two weeks after Applicant submittal (March 28 if Applicant takes full amount of time) (If the County needs an extension due to timing of Applicant submittal, they should request it in writing and this schedule will then be amended.)
- Applicant final reply due two weeks after County response (or 4/11 if County takes full amount of time)
- Decision deadline is two weeks after all items are submitted, which should at the latest be 4/25.
- County Department reviews will now be due by April 11th
- Applicant’s final reply will be due two weeks after County response is received, April 25th
- The decision deadline will be two weeks after all items are submitted which should be by May 9th
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
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
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Tab 0 - Tilley Road - Letter for Renewal of Mine Special Use Permit-Signed
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Tab 5 - DNR Surface Mining Reclamation Permit (10 pg.), Issued: July 8, 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:
- 2022.09.20 - Public comment - Marco Foster
- 2025.01.06 - Public comment – George Stajduhar
- 2025.01.07 – Public comment – Maureen Pretell
- 2025.01.06 – Public comment – Marco Foster
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
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report including attachments Current Staff Report
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
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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
Appeal to Board of County Commissioners
Hearing Examiner Decision on Reconsideration
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 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 16th, 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
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 August 1, 2023
Attachment d Release of Moratorium for a Development Project Application, received Augst 1, 2023
Attachment e Site plan – large lot map (2 pages) received July 21, 2024, plus same site plan with staff mark ups to be corrected prior to preliminary large lot approval.
Attachment f WA DNR Forest Practice application and permit for a class III timber harvest.
Attachment g Notice of Application dated September 1, 2023 with adjacent property owners list dated August 31, 2024
Attachment h SEPA Determination of Nonsignificance, issued May 8, 2024, with adjacent property owners list dated August 31, 2024
Attachment i Environmental Checklist received August 1, 2023
Attachment j Email from Kyle Overton with TC Environmental Health stating that their approval was not changed based on a revised large lot map (Attachment e).
Attachment k Approval memo from Kyle Overton with TC Environmental Health dated February 29, 2024
Attachment l Comment letter from the WA Dept. of Ecology dated May 20, 2024
Attachment m Email from Heather Tschaekofske, Associate Planner, Biologist dated May 6, 2024 providing her acceptance of the project wetland report
Attachment n Communication Matrix dated May 1, 2024
Attachment o Email chain from Marty Wicklund to Scott McCormick, Assoc. Planner dated December 14, 2023
Attachment p Comments from the Nisqually Tribe dated September 18, 2023
Attachment q Email from Karsen Legg with Vector Engineering with grading quantities for roads etc. dated September 6, 2023
Attachment r Letter from Julie Myers requesting to be placed on the mailing list for the project dated September 18, 2023
Attachment s Wetland Report by West Fork Environmental dated October 26, 2021
Attachment t Mazama pocket gopher and critical area report by West Fork Environmental dated July 15, 2021
Attachment u Geotechnical Assessment by MBGS LLC dated December 17, 2022
Attachment v Landowner’s Guide to Managing Oregon White Oak Habitats by multiple agencies including BLM, OSU and others (undated)
Attachment w Oregon white oak maps for the subject property showing original / previous design for vehicular access (undated)
Exhibit 2 Photos of posted Notice of Public Hearing
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report including attachment
Attachment a Notice of Public Hearing
Attachment b Copy of Application
Attachment c Vicinity Map
Attachment d Plat Map
Attachment e Plat Map Highlighting Block 75
Exhibit 2 Public Works email correcting legal description
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report including attachment
Attachment a Notice of Public Hearing
Attachment b Zoning/Vicinity Map
Attachment c Master Application, received April 24, 2024
Attachment d Reasonable Use Exception Application and Narrative, received April 24, 2024
Attachment e Site plan, received September 26, 2024
Attachment f Critical Area Report – Powell SFR RUE, West Fork Environmental, dated August 11, 2024
Attachment g Notice of Application, dated June 7, 2024
Attachment h Comment Memorandum from Kyle Overton, Thurston County Public Health and Social Services Department, dated August 28, 2024
Attachment i Comment email from Shaun Dinubilo, Squaxin Island Tribe, dated June 19, 2024
Exhibit 2 Affidavit of Hearing Notice Installation
Exhibit 3 Updated Critical Area Report
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 September 26, 2023, and revised signatures dated January 18, 2024
Attachment d RUE Application and Narrative, received September 26, 2023
Attachment e Site and construction plans, received September 26, 2023
Attachment f Critical Areas Report and Shoreline NNL Assessment, dated May 21, 2024
Attachment g Notice of Application, dated October 4, 2023
Attachment h Comment Memorandum from Kyle Overton, Thurston County Public Health and Social Services Department, dated September 23, 2024
Attachment i Comment email from Shaun Dinubilo, dated October 13, 2023
Attachment j Stormwater Site Plan, dated September 17, 2024
Attachment k Communication matrix responses, received June 20, 2024
Attachment l Property survey, received June 20, 2024
Attachment m Revised project narrative and RUE Q & A, received June 20, 2024
Attachment n Conservation Easement, AFN 3636994, and associated emails
Attachment o Boundary Line Adjustment permit, 2024103163, submitted July 31, 2024
Hearing Audio (m4a format)
Exhibits before the Hearing Examiner:
1. Staff Report including attachments
Attachment a Notice of Public Hearing, dated July 31, 2024; and, August 7, 2024
Attachment b Master Application and Special Use Permit Application, received August 3, 2023
Attachment c Project Description, received August 3, 2023
Attachment d Site plan, received August 3, 2023
Attachment e Previous 5 Year Review Approval Notice, received August 3, 2023
Attachment f Previous 5 Year Review Hearing Examiner Approval, received August 3, 2024
Attachment g Notice of Application and Public Hearing, dated July 31, 2024
Attachment h HEX-decision.miles-s&g1 - Issued, 12.27.2012
Attachment i Miles Sand & Gravel - Planning Approved Site Plan - Issued, 11.02.2021
Attachment j Certificate of Occupancy - Issued, 12.22.2022
Attachment k Agency Comment-WA Dept. of Nat. Resources - Received, 08.05.2024
Attachment l Agency Comment-Nisqually Tribe - Received, 08.12.2024
Attachment m Agency Comment-Squaxin Island Tribe - Received, 08.14.2024
Attachment n Agency Comment-T.C. Environmental Health - Received, 09.30.2024
Attachment o Public Comment - Karen Parker - August 2024
Exhibit 2 Public Comment from Karen Parker, received October 7, 2024
Exhibit 2a Public Comment from Susan Barrett, received October 7, 2024
Exhibit 3 Applicant Letter to the City of Tenino, dated September 29, 2022