Thurston County hears appeal of Johnson Creek Quarry permit amid dispute over 42-acre operations area and 228-acre permit boundary

The Thurston County Board of County Commissioners heard competing legal arguments Dec. 3 over a hearing examiner's decision approving Mountain Stone Aggregate's special use permit (SUP) to expand operations at the Johnson Creek quarry.

Appellant counsel Brian Tellegen told the board that the permit approved two different things: an expansion of the active mining area from 10.4 acres to 42 acres and an expansion of the mine/site boundary to 228 acres. "If the mine boundary is approved for the whole 228 acres, then it is very possible that the county could lose its authority under this provision to curtail future or further mine expansions into that area," Tellegen said, arguing the examiner declined staff's requested condition that would expressly confine operations to the 42-acre footprint.

Why it matters: Tellegen said the larger boundary, combined with the code provision the examiner cited (Thurston County Code 20.54.030), could be read to make the permitted use 'deemed' on the lot and limit the county's ability to deny or curtail later expansions. He asked the board to reverse the examiner or, at minimum, remand with instructions requiring the applicant to file and process a forest land conversion permit concurrently with the SUP so the county could determine…