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Hearing Examiner

The Cowlitz County Hearings Examiner hears permits, reviews and appeals related to land-use, health, public works and other decision making matters as set forth in Cowlitz County Code (CCC) Chapter 2.05. The hearings examiner will be an attorney with extensive backgrounds in administrative law and policy. His or her role is not to create policy or change rules, but rather to ensure that policy and rules have been applied correctly.


Hearings Examiner Process

Specific rules and procedures in hearings before the Cowlitz County Hearings Examiner can be found in the Rules of Procedure adopted by the Cowlitz County Hearing Examiner.

Hearings Examiner Rules of Procedure

Cases Before the Hearings Examiner:

Thursday, January 25, 2018

2:00 pm Shoreline Hearing SL16-0982
WDFW to construct a temporary by-pass segment of Weyerhaeuser 4701 Road,
adjacent to the SF Toutle River.
C-1 Staff Report
C-2 JARPA & Maps
C-3 Application Notice
C-4 FPA Notice

2:15 pm Timber Moratorium Lift ML 1740.02
C. Leppert proposes to lift the timber moratorium and
sub-divide the property into 4 lots off Rose Valley Lp Rd. Kelso
Exhibit A - Staff Report
Exhibit B - Application
Exhibit C - SEPA
Exhibit D - Critical Areas
Exhibit E - Public Notice
Exhibit F - Site Photos

Examiner's Decision 

2:30pm  Special Use Hearing SU 1660.03  (POSTPONED)
The Nutter Corporation has submitted to re-permit a surface mine
 430,000 cubic yards of sand and gravel from 60 acre dredge site on Pleasant Hill Rd. Kelso

Exhibit A - Staff Report
Exhibit B - DNR Permit
Exhibit C - Resolution
Exhibit D - SEPA
Exhibit E - Noise Study
Exhibit F - Public Notice
Exhibit G - Application

Prior Cases - PENDING

SL 17-0992 Millennium Bulk Terminals - Longview, LLC
Hearing Date: November 2, 2017 at the Cowlitz County Events Center

Hearing Examiner Decision: 11/13/2017
MBTL Shoreline Permit Decision Part 1
MBTL Shoreline Permit Decision Part 2

Notice of Application MBT-L

CORRECTED - Notice Of  Public Hearing - Legal Ad SL 17-0992 MBT-L

Supplemental Public Hearing Rules MBTL SL 17-0992

Event Plan MBTL Shoreline Permit Hearings SL 17-0992

Hearing Materials:

Hearing Ground Rules Poster

Index of Agency Record Revised 10-19-17
Exhibit C-1 Staff Report
Exhibit C-2 JARPA
Exhibit C-3 Critical Areas Permit
Exhibit C-4 Shoreline Application Notice
Exhibit C-5 Shoreline Hearing Notice
Exhibit C-6 SEPA Determination
Exhibit C-7 Final EIS 
(links to project website)
Exhibit C-8 Response to Comments with Comment Log
Exhibit C-9 Wetland Impact Report
Exhibit C-10 Conceptual Mitigation Plan
Exhibit C-11 Sediment Characterization Report
Exhibit C-12 DMMP Dredge Suitability Determination
Exhibit C-13 Oregon DEQ Dredge Acceptance at Ross Island
Exhibit c-14 Economic & Fiscal Impacts of Millennium Bulk Terminal Longview

Applicant Exhibits:
A26 MBTL Pre-Hearing Memo
A27 Site Map
A28 2012 JARPA
A29 Applicant Proposed Mitigation Measures
A30 BNSF Comment Letter in Response to Notice of Application, 10.8.2017
A31 Critical Areas Report, Glenn Grette - 2017
A32 Technical Response Analysis Population Level Impact of Tribal Resources in Zone 6 (2016)
A33 Technical Memo - Clarifications of DEIS Comments, Technical Response Analysis of Population-level Impacts on Tribal Resources in Zone
A34 Glenn Grette - Tribal Fish Impacts- Pre-filed Testimony
A35 Expert Report of NERA and ERM
A36 Expert Opinion of Robert Scofield - Assessment of Health Risks Associated with Diesel Exhaust
A37 Expert Report - Air Quality Impacts - Landau
A38 Expert Report - Evaluation of Potential Coal and Coal Dust Impacts on Aquatic Resources - Anchor QEA
A39 CV Trevor Simmons
A40 CV Glenn Grette
A41 CV Ted Sprague
A42 CV Charles "E" Halbert
A43 CV Robert Scofield
A44 CV David Haury
A45 CV Julie Carey
A46 CV Mary Hess
A47 CV Dan Mills
A48 CV Kurt Reichelt
A49 CV Peter Rawlings
A50 CV Dustin Pittman
A51 MBTL List of Witnesses
A52 MBTL List of Exhibits
A53 Certificate of Service of Rhonda S. Vogelzang
A54 K. Gaines PowerPoint
A55 T. Simmons PowerPoint
A56 Conceptual Mitigation Plan
A57 Testimony of Dava Kaitala
A58 T. Sprague PowerPoint
A59 Mike Bridges Testimony
A60 MBTL Addendum to BA
A61 ESA Section 7.1.2 Biological Opinion
A62 Updated Wake Stranding Monitoring Plan Appendix 1, KMMEF
A63 Scopes of Emissions
A64 Applicant's Proposed Mitigation Measures Table - Update to Exhibit A29
A65 Table of Responses - Applicant
A66 Supplemental Declaration of Dava Kaitala
A67 Applicant Exhibit List - Update to Exhibit A52

Intervening Party Exhibits
Intervener Exhibit List
I101 Pre Hearing Brief
I102 DOE 401 Denial
I103 DNR Sub Lease Denial
I104 DNR Construction Denial
I105 DNR SSDP Comment Letter
I106 Testimony of J. Zimmer-Stucky

Public Exhibits - Public exhibits are compiled into groups based on order of submission and size of file.
Public Exhibit List as of 11.6.17
P140 to P169
P170 to P199
P200 to P228

Cowlitz County's MBTL project page with information on the Critical Areas Permit (issued July 2017)
Project Website with information on the NEPA and SEPA Environmental Reviews


Kalama Methanol Manufacturing and Export Facility
Northwest Innovation Works
 - Hearing date: January 23rd, 2017

    Supplemental Public Hearing Rules
    Open Record Public Hearing Ground Rules - KMMEF

    Cowlitz Index of Agency Record
    Exhibit C-1 Staff Report
    Exhibit C-2 FEIS
(Large file in multiple chapters, link to the SEPA website for access to all SEPA documents)
    Exhibit C-3 Letter from Department of Ecology Regarding SEPA Lead Agency 
    Exhibit C-4 JARPA (with Biological Assessment)
    Exhibit C-5 Vicinity Map and Site Plans
    Exhibit C-6 Critical Areas Assessment
    Exhibit C-7 Applicant Shoreline Compliance Narrative
    Exhibit C-8 Notice of Application and Request for Public Comment
    Exhibit C-9  Response to Comments with Attachments
    Exhibit C-10 Shoreline Comments Received
    Exhibit C-11 Pages 50-52 Erroneously Excluded from Exhibit C-6
    Exhibit C-12 Supporting Information for Exhibit C-7
    Exhibit C-13 List of Parties Notified - Supporting Information for Exhibit C-8
    Exhibit C-14 Supplement to Exhibit C-6 Mitigation Plan Figures

    KMMEF Post Hearing Exhibits:
    1. Post Hearing Exhibits
    2. K-68 Commissioner's Motion
    3. K-69 KMMEF Supplemental Preservation Memorandum
    4. K-70 KMMEF Dec Document
    5. Post Hearing Site Plan Submittal
    The decision is contained in a series of four documents.
    Hearings Examiner Decision - 1
    Hearings Examiner Decision - 2
    Hearings Examiner Decision - 3
    Hearings Examiner Decision - 4

    Hearings Examiner FINAL REVISED DECISION - 3.8.2017
    Final Decision March 8, 2017 - REVISED FINAL Decision


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