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Thurston County, Washington

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Community Planning and Economic Development

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      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)

 

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             2024.01.30 - Abbrev. Drainage Report

Attachment l              2024.01.30 - 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

  1. 2021.05.28 - Agency Comment - Squaxin Island Tribe
  2. 2021.06.02 - Agency Comment - Nisqually Indian Tribe
  3. 2021.06.02 - Agency Comment - TC Floodplain Manager
  4. 2021.06.08 - Agency Comment - DAHP
  5. 2021.06.09 - Agency Comment - DOE
  6. 2021.06.22 - Agency Comment - E.H.
  7. 2024.01.29 - Agency Comment - DAHP
  8. 2024.08.12 - Agency Comment - Nisqually Indian Tribe
  9. 2024.08.13 - Agency Comment - DOE (SEPA)
  10. 2024.11.15 - Agency Comment - E.H. Recommendation
  11. 2024.11.18 – Agency Comment - TC Biologist

Attachment bb          Public Comments

  1. 2024.08.19 - public comment with photos - Burt and Cheryl Miller
  2. 2024.08.13 -public comment with photos, Berchauer1
  3. 2024.08.13 -public comment with photos, Berchauer2
  4. 2024.08.13 -public comment, Berchauer3

Hearing Examiner Decision

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 Examiner Decision

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

Exhibits before the Hearing Examiner:

1.    Staff Report including attachments

Attachment a         Hearing Examiner Issued, Plat post hearing schedule - Emailed, 04.23.2024

Attachment b       Heather Tschaekofske, Recommended Condition - Emailed, 08.27.2024

Attachment c         Dawn Peebles, TC Environ. Health, Recommended Conditions - Emailed, 09.11.2024

Attachment d         Zulaika Kim, City of Olympia Staff - Emailed, 09.17.2024

Attachment e         9-18-24 Public Works comments and conditions for 24th Ave Plat TC 2023100649

Attachment f          01-Oly 24th - Response to HEX Decision 08-08-24 – Received 08.07.2024         

Attachment g        02-EX A - City Easement & Trail Comments 06-27-24 – Received 08.07.2024    

Attachment h        03-EX B - City Easement & Trail Redlines 06-27-24 – Received 08.07.2024       

Attachment i         04-EX C - EDDS Deviation Request – Received 08.07.2024       

Attachment j         05-EX D - Original Plat 1869 – Received 08.07.2024     

Attachment k        06-EX E - Bracey & Thomas Survey 1989 – Received 08.07.2024          

Attachment l         07-EX F - Email from County – Received 08.07.2024    

Attachment m       08-Oly 24th - Preliminary Plat Drawings HEX RESUB – Received 08.07.2024   

Attachment n        09-Oly 24th - Landscape Plans HEX RESUB – Received 08.07.2024      

Attachment o         10-Oly 24th Wetland Report Aug 2024 – Received 08.07.2024   

Attachment p         11-Oly 24th - Drainage and Erosion Control Plan – Received 08.07.2024 

Attachment q         12-Oly 24th - Forest Land Clearing Exhibit – Received 08.07.2024         

Attachment r          13-Oly 24th - PP-02 revised scuppers – Received 08.07.2024      

Attachment s         Transmittal Memo – Applicant Responses, – Received 08.07.2024 – Revised 10.01.2024

Attachment t          Exhibit-5-County-Biologist-Response-To-Exhibit4 - Submitted, 04.24.2024

Attachment u         Exhibit-6-Applicant-Response-To-Revised-Staff-Report-Public-Comments,Submitted, 04.24.2024

Attachment v         Exhibit-6.1-Applicant-Response-To-Exhibit-5 - Submitted, 04.24.2024

Attachment w       Exhibit-7a-Post-Hearing-Public-Comment-Robert-Gundlach - Submitted, 04.23.2024

Attachment x         Exhibit-7b-Post-Hearing-Public-Comment-Lawrence-Bennett - Submitted, 04.24.2024

Attachment y         Exhibit-7c-Post-Hearing-Public-Comment-Dave-West - Submitted, 04.24.2024

Attachment z         Exhibit-7d-Post-Hearing-Public-Comment-Donna-Landry - Submitted, 04.25.2024

Attachment a.1      Exhibit-7e-Post-Hearing-Public-Comment-Joe-Taskey - Submitted, 04.24.2024

Attachment b.1      Exhibit-7f-Post-Hearing-Public-Comment-Cate-Holmes-Stilson - Submitted, 04.28.2024

Attachment c.1      Exhibit-8-Memo-Requesting-To-Supplement-The-Record - Submitted, 04.26.2024

Attachment d.1      HEARING EXAMINER DECISION-Project#2023100649 – Issued, 05.28.2024

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 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 Examiner Decision

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

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 November 8, 2023

Attachment d          RUE Application and Narrative, received November 8, 2023

Attachment e          Site plan, received November 8, 2023

Attachment f          Wetland Delineation and Buffer Mitigation Plan report dated January 29, 2021, and addendum dated April 2024

Attachment g          Notice of Application, dated November 17, 2023

Attachment h          Comment Memorandum from Lisa Christensen, Thurston County Public Health and Social Services Department, dated December 14, 2023

Attachment i           Comment letter from Brad Beach, Nisqually Indian Tribe, dated November 27, 2023

Attachment j           Engineered Abbreviated Drainage Plan and Report, received July 18, 2024

Attachment k          Soil report, received July 18, 2024

Attachment l           SWPP Narrative, received July 18, 2024

Attachment m         Public comment submitted November 25, 2023

Attachment n          Shoreline jurisdiction map, Geodata

Decision on Reconsideration

Request for Reconsideration

Staff Response to Request for Reconsideration

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     Master Application, received December 18, 2023

Attachment c      Innocent Purchaser Application, received December 18, 2023

Attachment d     Certificate of Death for Gerald Lee Butterton, issued October 4, 2023

Attachment e     Thurston County Superior Court Letter of Administration, received June 24, 2024

Attachment f      Site Plan, received December 18, 2023

Attachment g     Legal Description of 1 Acre Parcel, received December 18, 2023

Attachment h     Notarized Innocent Purchaser Affidavit from Gerald Lee Butterton, dated November 2, 2021

Attachment i      Notice of Application, mailed December 29, 2023

Attachment j      Quit Claim Deed, recorded June 21, 1988 (vol 1576/Pg 684 of Deeds), Studholme to Butterton, and corrected, with a corrected Quit Claim Deed recorded September 30, 1991 (vol 1865/Pg 490 of Deeds)

Attachment k     Assessor Field Book Page for Tax Parcel 11711410700

Attachment l      Assessor Field Book Page for Tax Parcel 11711410701

Attachment m Real Estate Contract, recorded August 9, 1972, under Thurston County Auditor’s File No. 872020 (vol 585/Pg 207 of Deeds). Thompson to Wallace and Nielson

Attachment n     Quit Claim Deed, recorded February 21, 1975, under Thurston County Auditor’s File No. 930071 (vol 679/Pg 643 of Deeds). Wallace to Nielson 

Attachment o    Warranty/Fulfillment Deed, recorded March 11, 1975, under Thurston County Auditor’s File No. 931820 (vol 681/Pg 463 of Deeds).   Thompson to Nielson

Attachment p     Real Estate Contract, recorded dated July 7, 1975, under Thurston County Auditor’s File No. 941134 (vol 696/Pg 225 of Deeds); Nielsen to Noble, Bowen, Stafford, Stafford, Cooley, and Wickland d/b/a Sunup Company                                         

Attachment q     Real Estate Contract, recorded January 12, 1976, under Thurston County Auditor’s File No. 955443(vol 719/Pg 531 of Deeds); Noble, Bowen, Stafford, Stafford, Cooley, and Wickland to Ahlsten

Attachment r      Real Estate Contract, recorded dated May 18, 1976, under Thurston County Auditor’s File No. 965739 (vol 736/Pg 274 of Deeds); Noble, Bowen, Stafford, Stafford, Cooley, and Wickland d/b/a Sunup Company to Gerald L and Sharon G Butterton

Attachment s      Statutory Warranty Deed, recorded on June 3, 2016, under Auditor’s File Number 450405; Gerald L Butterton to Mellisa Winder and Jeffery Pfingston

Attachment t      Comment Letter from Mellisa Pfingston (Winder) and Jeffery Pfingston, dated January 15, 2024

Attachment u     Comment Letter from Claudia Kalar, undated

Attachment v     Comment Letter from Brad Beach, Nisqually Indian Tribe, dated January 2, 2024

Exhibit 2            Affidavit of Hearing Notice Installation and Photo, dated August 16, 2024

 

Hearing Examiner Decision

Post-Hearing Order to Supplement the Record

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachments

Attachment a             Notice of Public Hearing, dated July 31, 2024

Attachment b             Master Application, received February 15, 2024

Attachment c            Innocent Purchaser Application received February 15, 2024

Attachment d             Site Plans, received February 15, 2024

Attachment e             Applicant Declaration and General Affidavit, signed January 1, 2024

Attachment f             Counteroffer Addendum to Real Estate Purchase and Sale Agreement, signed July 27, 2022

Attachment g             Residential Purchase and Sale Agreement, signed July 27, 2022

Attachment h             Financing Addendum to Purchase and Sale Agreement, signed July 26, 2022

Attachment i              Optional Clauses to addendum to Purchase & Sale Agreement, signed July 27, 2022

Attachment j             Identification of Utilities Addendum to Purchase and Sale Agreement, signed July 26, 2022

Attachment k             The Law of Real Estate Agency, dated July 25, 2022

Attachment l              FIRPTA Certification, July 3, 2022

Attachment m           Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards, July 25, 2022

Attachment n             Chicago Title Co Exhibit A Legal, July 26, 2022

Attachment o             Notice of Application, dated July 17, 2024

Attachment p             Environmental Health Comment, Kyle Overton, dated July 22, 2024

Attachment q             Squaxin Island Tribe Comment, Shaun Dinubilo, dated July 29, 2024

Attachment r             Public Comment, Dave Frank, received July 24, 2024

Attachment r.1          Public Comment, Renee Frank, received August 3, 2024            

Attachment r.2          Public Comment, Cheri Frank, received, August 5, 2024

Attachment r.3          Public Comment, Ivan Duranleau, received August 5, 2024    

Attachment s             NONPLATTED-STREET-AF#8204200032, dated, April 20, 1982

Attachment t             Declaration of BLA (AF#8206070080), dated, June 4, 1982

Attachment u             DEED-OF-TRUST-(AF#3156582), dated, May 28, 1998

Attachment v             DEED-OF-TRUST-(AF#3644523), dated, May 27, 2004

Attachment w            DEED-OF-TRUST-(AF#4201914), dated, March 11, 2011

Attachment x             DEED-OF-TRUST-(AF#4948941), dated, August 31, 2022

Attachment y             STATUTORY-WARRANTY-DEED-(AF#4948940),dated August 31, 2022

Attachment z             Affidavit of Posting, dated, August 2, 2024

 Attachment aa          Property Tax Account Summary, taken from the web 08.05.2024

Exhibit 2                     Listing Information at Time of Sale, received August 13, 2024

Exhibit 3                     Email Exchange Between Mr. Larson and Assessor Representative, dated August 31, 2023

Exhibit 4                     Post Hearing Public Comment, Dave Frank, received August 15, 2024

Exhibit 5                     Staff Response to Public Comment, dated August 16, 2024

Exhibit 6                     Assessors Office Value of Properties for 2022 and 2023

Exhibit 7                     Applicants Comparable Parcel Research

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/Vicinity Map

Attachment c          Master Application, received October 26, 2022

Attachment d          Reasonable Use Exemption Application, received March 7, 2024

Attachment e          Project Description/Narrative, dated February 4, 2024

Attachment f          Site plan, received March 7, 2024

Attachment g          Wetland Delineation and RUE Assessment Report, Land Services Northwest, dated March 5, 2024

Attachment h          Stockwell Single-Family Residence No-Net-Loss Wetland Buffer Enhancement Plan, Land Services Northwest, dated March 6, 2024

Attachment i           Enhancement/Site Plan, received March 7, 2024

Attachment j           Notice of Application, dated November 23, 2022

Attachment k          Comment Memorandum from Lisa Christensen, Thurston County Public Health and Social Services Department, dated December 11, 2023

Attachment l           Comment Email from Tim Rubert, CPED Floodplain Manager, dated May 9, 2024

Attachment m         Comment letter from Brad Beach, Nisqually Indian Tribe, dated November 28, 2022

Attachment n          Driveway Diagram, received March 7, 2024

Attachment o          Revised Septic Site Plan/Revised Site Plan

Exhibit 2                 Signed Affidavit of Hearing Notice Installation and Photos

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachments

Attachment a                    Notice of Public Hearing, dated July 10, 2024

Attachment b                    Master Application and Special Use Permit Application, received February 24, 2023 

Attachment c                    Revised Special Use Permit Application received June 27, 2023 

Attachment d                    Project Narrative, received April 25, 2024

Attachment e                    Site Plan, Revised and received April 25, 2024

Attachment f                     Proposed Landscape Plan, received February 24, 2023

Attachment g                    Applicant Matrix Responses, received February 9, 2024 and April 25, 2024

Attachment h                    Determination of Non-Significance issued by Thurston PUD June 23, 2022

Attachment i                     Critical Area Report, Mazama Pocket Gophers, received October 18, 2019

Attachment j                     Critical Area Report, Oregon White Oaks, received June 4, 2020 

Attachment k                    Integrated Pest Management Plan, received February 22, 2023

Attachment l                     Notice of Application, dated March 15, 2023

Attachment m                   Revised Notice of Application, dated July 14, 2024

Attachment n                    Easement Agreement recorded with Thurston County Auditor March 10, 2022                                        

Attachment o                   WA State Department of Health approval, dated October 2, 2023

Attachment p                   Development Review, Public Works Recommendation of Approval, dated December 8, 2023                                     

Attachment q                 Environmental Health, Public Health and Social Services, Recommendation of Approval, dated February 20, 2024

Attachment r                   Squaxin Island Tribe comment letter, dated March 21, 2023

Attachment s                  Nisqually Tribe comment letter requesting Cultural Resource Survey, dated April 23, 2021

Attachment t                   Grubb Public Comment, received March 27, 2023

Attachment u                  Hunter Public Comment, received August 1, 2023

Attachment v                 Hearing Examiner Decision for Manor House project number 2020102143, dated May 9, 2022

Attachment w                 Preliminary Approval Manor House Development with Landscape Plan as Reference Only, received April 24, 2024

Hearing Examiner Decision

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 March 30, 2023

Attachment d          Reasonable Use Exception Application and Narrative, received March 30, 2023

Attachment e          Reasonable Use Exception Narrative, undated

Attachment f          Site plan, received March 11, 2024

Attachment g          Wetland Delineation and Rating Report, Agua Tierra, June, 2022

Attachment h          Ellis Single-Family Residence RUE No-Net-Loss Wetland Buffer Enhancement Plan, Land Services Northwest, October 10, 2023

Attachment i           Spurgeon Creek Slope Consultation – Critical Area Ordinance Report, Quality Geo NW, dated September 24, 2021

Attachment j           Mitigation Site Plan, received March 11, 2024

Attachment k          Notice of Application, dated May 3, 2023

Attachment l           Comment Memorandum from Kyle Overton, Thurston County Public Health and Social Services Department, dated July 5, 2022

Attachment m         Comment from Mark Biever, CPED, dated July 7, 2023

Attachment n         Comment letter from Brad Beach, Nisqually Indian Tribe, dated May 18, 2023

Attachment o          Comment email from Shaun Dinubilo, Squaxin Island Tribe, dated May 9, 2023

Exhibit 2                  Signed Affidavit of Hearing Notice Installation and Photos

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachment

Attachment a                    Master Application, received October 6, 2022 

Attachment b                   Planned Rural Residential Development (PRRD) Application, received October 6, 2022

Attachment c                    State Environmental Policy Act (SEPA) Application, received October 6, 2022

Attachment d                   PRRD Project Narrative, received October 6, 2022

Attachment e                    PRRD Plat Map set, dated July 24, 2023

Attachment f                    Critical Areas Report, revision dated July 21, 2023

Attachment g                    Memo re: Group B Well from TC Public Health, dated July 27, 2022

Attachment h                    Traffic Memo, received October 6, 2022

Attachment i                     Septic Design Site Plan, received October 6, 2022

Attachment j                     Prairie Review, dated May 4, 2022

Attachment k                    Preliminary Drainage Report, dated September 29, 2022

Attachment l                     WA Dept of Ecology letter re: site soils, dated July 28, 2022

Attachment m                  Integrated Pest Management Plan (IPMP), received October 6, 2022

Attachment n                    PRRD Notice of Application (NOA), dated October 21, 2022

Attachment o                   DOE Comments to PRRD NOA, dated October 24, 2022

Attachment p                    Reasonable Use Exception Application, received July 26, 2023

Attachment q                    RUE Project Narrative, received July 26, 2023

Attachment r                    Communication Matrix #2 DRAFT, dated August 10, 2023

Attachment s                    RUE Notice of Application (NOA), dated August 16, 2023

Attachment t                    Public comment on RUE NOA, dated August 23, 2023

Attachment u                    Public comment on RUE NOA, dated August 24, 2023

Attachment v                    Nisqually Tribe response to RUE NOA, dated August 25, 2023

Attachment w                   Squaxin Island Tribe response to RUE NOA, dated August 28,   2023

Attachment x                    Public comment on RUE NOA, dated September 9, 2023

Attachment y                    Updated Wetlands Rating Form, dated August 22, 2023

Attachment z                    Water rights emails 1, dated August 22, 2023

Attachment z1                  Water rights emails 1 Attachment: restrictive covenant, dated August 22, 2023               

Attachment z2                  Water rights emails 2, dated September 20, 2023

Attachment z3                  Water rights emails 2 Attachment: DOE email, dated September 20, 2023              

Attachment z4                  SEPA DNS, issued October 27, 2023

Attachment z5                  WA Dept of Ecology SEPA comments, dated November 16, 2023      

Attachment z6                  Water rights resolution email from TC EH, dated November 22, 2023

Attachment z7                  Public Works Development Review conditional approval letter,dated January 10, 2024

Attachment z8                  Applicant response to DOE SEPA comments, dated January 19,  2024

Attachment z9                  Environmental Health conditional approval letter, dated March 15, 2024

Attachment z9.1               Environmental Health Revised Condition 43, received July 9, 2024

Attachment z10                Addressing Assignments                

Attachment z11                DNR Forest Practice permit, dated June 2014

Attachment z12                Inadvertent Discovery Plan and signature page

Attachment z13                Notice of Public Hearing, published June 28, 2024

Attachment z14                Figure Depicting Location Mitigation Plantings, June 8, 2024

Exhibit 2                           Staff Response to Figure Depicting Location of Mitigation Plantings, received July 29, 2024

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachment

Attachment a                Notice of Public Hearing

Attachment b                Master Application, dated August 10, 2023

Attachment c                Special Use Permit Application, dated August 10, 2023

Attachment d                Project Narrative, dated August 10, 2023 

Attachment e                Site Plan, revised and submitted March 7, 2024

Attachment f                Landscaping Plan, revised and submitted March 7, 2024

Attachment g                Landscaping Narrative, revised and submitted March 7, 2024

Attachment h                Applicant matrix responses, submitted March 7, 2024

Attachment i                 Critical areas report, considered null and void, dated October 2022

Attachment j                 Variance Application, revised and submitted March 7, 2024

Attachment k                Determination of Non-Significance issued by the City of Lacey with comments from WA Department of Ecology and ORCAA

Attachment l                 Stormwater Drainage Report, dated May 2023

Attachment m               Geotechnical Engineering Services Report dated February 29, 2024

Attachment n                Notice of Application, dated August 18, 2023

Attachment o                Preliminary approval letter and site plan for Preliminary Plat for Pleasant Glade Project No. 2017102729, dated March 10, 2023

Attachment p                Memorandum from Kyle Overton, Thurston County Environmental Health, dated February 9, 2024 

Attachment q                 Memorandum from Arthur Saint, Thurston County Public Works, dated  April 16, 2024

Attachment r                 Zoning map

Attachment s                Applicant email addressing Environmental Performance Standards, dated April 19, 2024

Attachment t                 Short Plat SS 18-114343, AFN 4724579

Attachment u                Public comment dated June 11, 2024

Attachment v                 Thurston County Code 21.12 LD-0-4

Exhibit 2 Comments Received After Publication of the Staff Report

Exhibit 2a                      Comment from Catherine Jui Min Lee & Yuk Wing Cheng, received June 12, 2024

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachment

Attachment a       Notice of Public Hearing

Attachment b       Zoning map

Attachment c       Master Applications, received August 18, 2022

Attachment d       Division of Land Application, received August 18, 2022

Attachment e       Forestland Conversion Application, received August 18, 2022

Attachment f       SEPA Environmental Checklist, received August 18, 2022

Attachment g       RUE application, revised July 6, 2022

Attachment h       Critical Area Review application, received October 18, 2019

Attachment i        Project Narrative, submitted August 18, 2022

Attachment j        Preliminary plat map, dated June 6, 2024 (full size 

Attachment k       Traffic Impact Worksheet, dated August 17, 2022

Attachment l        Integrated Pest Management Plan, revised July 11, 2022

Attachment m      Preliminary Drainage/Erosion Control/Geotechnical Report, dated December 4, 2019

Attachment n       Barn Structure Steep Slope Evaluation, dated November 11, 2021

Attachment o       Geologic Assessment, dated April 30, 2024

Attachment p       Mark Biever comment matrix dated May 3, 2024

Attachment q       Tree Preservation Plan, dated April 2, 2021

Attachment r       Logging site plan, revised July 27, 2021

Attachment s       Notice of Application, dated January 14, 2022 and October 7, 2022

Attachment t       Address Assignment List

Attachment u       RUE site plan exhibit, dated June 6, 2024

Attachment v       RUE Supplemental, submitted July 6, 2022

Attachment w      Short plat map SS 1353, Auditor File Number 1094198

Attachment x       Comment email from ORCAA, dated October 10, 2022

Attachment y       Preliminary approval letter from Arthur Saint of the Public Works Department, dated August 3, 2023

Attachment z       Open Space Narrative, dated July 18, 2022

Attachment aa     Preliminary approval letter from Dawn Peebles of the Environmental Health Department, dated February 27, 2023; and from Amy Crass, No objection to RUE letter dated January 4, 2022

Attachment bb     City of Tumwater Conditions, dated October 27, 2022

Attachment cc     City of Tumwater Planner response regarding incompatible use buffer, email dated May 1, 2024

Attachment dd     Critical Area Review approval letter dated June 5, 2024.

Attachment ee     Comment letter from Tumwater Public Schools, dated May 25, 2021 (per prior submittal)

Attachment ff      Comment letter from Brad Beach of the Nisqually Indian Tribe dated February 24, 2021 (per prior submittal), December 10, 2021, and October 10, 2022

Attachment gg     Comment emails from Shawn Dinubilo of the Squaxin Island Tribe dated November 30, 2020, February 18, 2021 (per prior submittal), December 7, 2021, January 18, 2022, and October 17, 2022

Attachment hh     Comments from Department of Archaeology and Historic Preservation, dated December 4, 2020, January 27, 2020, and March 3, 2021 (per prior submittal) 

Attachment ii       Comment letter from Ecology, dated October 27, 2022

Attachment jj       SMP comment email from Ecology, dated April 19, 2021

Attachment kk     Public comment from Capitol Land Trust, dated December 19, 2022

Attachment ll       Mitigated Determination of Non-significance, issued April 26, 2024

Attachment mm   Critical Area and Mitigation Plan Report, dated June 23, 2022

Attachment nn     Prairie Report, January 6, 2020

Attachment oo     Mazama Pocket Gopher Report, October 16, 2019

Attachment pp     Plat Name Reservation Certificate

 Attachment qq     Inadvertent Discovery Plan

Exhibit 2                Civil Plan Set including Landscape Plan

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachment

Attachment a        Notice of Public Hearing

Attachment b        Vicinity/Zoning Map

Attachment c        Master Application (updated with current owner) received June 13, 2022

Attachment d        Preliminary Plat / Division of Land Application (updated) received June 13, 2022

Attachment e        Narrative Summary 

Attachment f         Memo from Jeff Pantier, PLS to Scott McCormick, CPED dated June 1, 2022

Attachment g        Plat map package received May 13, 2024

Attachment h        Notice of Application (re-issued) April 26, 2023

 Attachment i         Mitigated Determination of Non-Significance, Issued September 15, 2023 with Environmental Checklist

Attachment j         SEPA Environmental Checklist received May 2, 2023  

Attachment k        Comment email and recommendations from Kevin Hansen, LHg, LG, LEED AP, Thurston County Hydrogeologist dated August 4, 2021

Attachment l         Recommendation memo from Dawn Peebles, Thurston County Environmental Health Department dated September 18, 2020

Attachment m       Memorandum from Arthur Saint, PE with Thurston County Public Works dated April 25, 2023 

Attachment n        WA Dept. of Ecology letter to property owner. Opinion on the proposed cleanup of property associated with the Asarco Tacoma Smelter Site dated December 14, 2022

Attachment o        Email from Shaun Dinubilo, Archaeologist with the Squaxin Tribe dated May 4, 2023

Attachment p        City of Lacey Development Review site plan review conditions from Tom Stiles dated December 6, 2022

Attachment q        City of Lacey Sewer Availability letter dated May 13, 2020

Attachment r         Associated Earth Sciences Inc. Hydrogeologic Evaluation and Slope Stability Analysis

Attachment s        Residential Traffic Generation Worksheet dated October 29, 2007

Attachment t         Comment email from Kristina Richards dated May 7, 2023

Attachment u        Comment email from Norma Colon dated May 14, 2023

Attachment v        Comment email from Brandon and Andrina Travis dated May 14, 2023

Attachment w       Comment email from Janee Cargil dated May 15, 2023

Attachment x         Comment email from Brendan McClure and Anisha Pacheco

Attachment y         Preliminary Drainage Report received May 13, 2024

 Attachment z        Steilacoom Bluff SWPPP received June 1, 2022

Attachment a1      Summit Land Development LLC Maintenance Plan received June 1, 2022

Attachment b1      Integrated Pest Management Plan by Hatton Godat Pantier dated October 29, 2007

Attachment c1      Original Notice of Application dated December 17, 2007

Attachment d1      Water availability letter from H&R Waterworks, Inc.  Note: This water system was taken over by Thurston PUD.

Attachment e1      Water availability letter from Thurston PUD

Attachment f1        TCC 21.12 LD-01 Zoning

Exhibit 2 Comments Received After Publication of the Staff Report

Exhibit 2a             Comment from Robert Thomas, received June 7, 2023

Exhibit 3              Transmittal and Plat Map From Vested Application 

Exhibit 4              Current Preliminary Plat Map

Exhibit 5              Steilacoom Ridge Div 4 

Exhibit 5.1           Steilacoom Ridge Div 5 

Exhibit 6              The Meadows Div 5 A&B

Exhibit 7              Clean/legible Civil Plan Set with Updated Landscape Plan 

Exhibit 8              Forest Land Conversion Application and Site Plan

Exhibit 9              Administrative Road Standards Variance Approval

Exhibit 10            Meadows Elementary School Safe Walk Route Info (two pages)

Exhibit 11            Steilacoom Ridge Recreation Amenities Map and Photos

Hearing Examiner Decision

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    Staff Report including attachment

Attachment a     Notice of Hearing

Attachment b     Master Application, February 12, 2024 (received)

Attachment c     Coversheet / Introduction from Applicant dated February 12, 2024  

Attachment d     Vicinity map and details - undated

Attachment e     Original staff report for SSDP 2012103227, folder no. 12 109835 XC dated August 19, 2013

Attachment f      Hearing Examiner Decision for original SSDP dated September 13, 2013

Attachment g     Current lease agreement with owner and applicant

Attachment h     Sea Grant Final Report, December 2015

Attachment i       Original MDSN, June 11, 2013

Exhibit 2             Programmatic Biological Assessment

Exhibit 3             Renewal Letter Referenced in Attachment C

Exhibit 4             Pacific Coast Shellfish Grower Assocation-Environmental Codes of Practice

Hearing Examiner Decision-Remand

Hearing Audio (m4a format)

Exhibits before the Hearing Examiner:

1.    REVISED Staff Report including attachments

Attachment a.   Legal Notice of Public Hearing Published, 04.12.2024

Attachment b.   Master Application Form EXECUTED, 09.21.2023

Attachment c.    Division of Land Application, 09.21.2023

Attachment d.   West Olympia - Plan Set (Division of Land), 09.21.2023

Attachment e.   West Olympia Narrative, 09.21.2023

Attachment f.    West Olympia Program for Development, 09.21.2023                     

Attachment g.   West Olympia Trip Generation, 2023-08-23

Attachment h.   August 2023 Revised Critical Areas Study, 09.21.2023

Attachment i.     West Olympia Geotech Report, 03.03.2023

Attachment j.     Insight Geologic - West Olympia Geotech Report Revised, 06.05.2023

Attachment k.    West Olympia Cut-Fill Exhibit, 2023-08-22

Attachment l.     Presubmission Materials, March 15, 2023

Attachment m.  Forest Land Conversion Map (Sheet EX-01), 09.21.2023

Attachment n.   Forest Land Conversion Application, 09.21.2023

Attachment o.   Environmental Checklist - SEPA, 09.21.2023

Attachment p.   Notice of Application & SEPA Checklist, 11.17.2023

Attachment q.   Email transmitting Notice of Application, 11.17.2023

Attachment r.    Communication Matrix, transmitted, 03.14.2024

Attachment s.    Email transmitting West Oly Plat PRD Comms Matrix w/ E.H. Comments, 03.14.2024

Attachment t.    Comment MATRIX Response Letter (Revision Submitted, 04.08.2024)

Attachment u.   Narrative of Changes (Revision Submitted, 04.08.2024)

Attachment v.    Wetland Report (Revision Submitted, 04.08.2024)

Attachment w.  Preliminary Plat Drawings (Revision Submitted, 04.08.2024)

Attachment x.    SEPA - M.D.N.S. - Issued, 03.15.2024

Attachment y.    Variance Application Submitted, 09.21.2023

Attachment z.    Variance Request (Revision Submitted, 04.08.2024)

Attachment a1. IPMP (E.H. comments incorporated Revision Submitted, 04.08.2024)

Attachment b1. Preliminary Landscape Plans (Revision Submitted, 04.08.2024)

Attachment c1. Preliminary Drainage Report (Revision Submitted, 04.08.2024

Attachment d1. Traffic Memo (Revision Submitted, 04.08.2024)

Attachment e1. Design Review Application, 09.21.2023

Attachment f1.  Design Review Oly UGA Questions, 09.21.2023

Attachment g1. Building Elevations, (Revision Submitted, 04.08.2024)

Attachment h1. Table 4.04 - Residential Development Standards

Attachment i1.  Public-Comments

Attachment j1.  Agency-Comments—Nisqually Tribe,

Attachment k1. Agency-Comments—Olympia School District, 

Attachment l1.  Agency-Comments—Department of Ecology Letter, dated 12.6.2023

Attachment m1. Agency-Comments—Addressing Comments, 2.12.2024

Attachment n1. Agency-Comments—Wetland Review, 12.11.2023

Attachment  o1. Agency-Comments—ORCAA Comment, 11.20.23

Attachment p1. Agency-Comments—T.C.P.W. Recommendation for Preliminary Plat

Attachment q1. Agency-Comments—T.C.E.H. Recommendation for Preliminary Plat

Attachment r1.  Agency-Comments—Letter-Olympia P.W. Project Conditions

Attachment s1.  Agency-Comments—Letter-Olympia O.P.A.R.D. - Impact Fee, 4.19.24

Attachment t1.   Agency-Comments—Wetland Review, 4.11.24

Exhibit 2 Comments Received After Publication of the Staff Report

Exhibit 2a     Comment from Steve Barrett, received April 21, 2024

Exhibit 2b     Comment from Joshua Miller, received April 22, 2024

Exhibit 2c     Comment from Erin Timms, received April 22, 2024

Exhibit 2d     Comment from Robert Gundlach, received April 22, 2024

Exhibit 2e     Comment from Katie Gundlach, received April 22, 2024

Exhibit 2f      Joseph Taskey Exhibits, received April 22, 2024

Exhibit 2g     Comment from Jonathon and Patricia Seib, received April 22, 2024

Exhibit 2h     Comment from Kara Zerby, received April 22, 2024

Exhibit 2i      Comment from Stephanie Lee and John Lange, received April 22, 2024

Exhibit 2j      Comment from Ronnie Hoover, received April 22, 2024

 

Exhibit 3      Errata Memo Correcting the Staff Report, April 23, 2024

Exhibit 4      Applicant response to Wetland Review Comment, received April 24, 2024

Exhibit 5      County Biologist response to Exhibit 4, received April 24, 2024

Exhibit 6      Applicant Responses to Revised Staff Report and Public Comment, received May 2, 2024

Exhibit 6.1   Applicant Response to Exhibit 5, received May 2, 2024

Exhibit 7 Post Hearing Public Comments

Exhibit 7a   Comment from Robert Gundlach, received April 24, 2024

Exhibit 7b   Comment from Lawrence Bennett, received April 24, 2024

Exhibit 7c   Comment from Dave West, received April 24, 2024

Exhibit 7d   Comment from Donna Landry, received April 25, 2024

Exhibit 7e   Comment from Joe Taskey, received April 24, 2024

Exhibit 7f   Comment from Cate Holmes-Stilson, received April 28, 2024

Exhibit 8     Staff Memo Requesting to Supplement the Record, April 26, 2024

Exhibit 8a  Critical Area Determination Application, received February 14, 2023

Exhibit 8b  Critical Area Study, received February 14, 2023

Exhibit 8c  Project Overview, received February 14, 2023

Exhibit 8d  Site-plan-received February 14, 2023

Exhibit 8e  Initial Wetland Review Emails, dated July 6, 2023

Exhibit 8f  Additional Wetland Information