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Clallam Co SMP Update Laying Down the Law

FIRST, LAY A FOUNDATION IN EVIDENCE

A DOCUMENT OR OTHER PIECE OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

THE SHORELINE INVENTORY AND CHARACTERIZATION PROVIDE THE FOUNDATION FOR THE ENTIRE SMP UPDATE PROCESS

SMP Handbook: Chapter 7, Shoreline Inventory and Characterization

www.ecy.wa.gov/programs/sea/shorelines/smp/handbook/Chapter7.pdf

THE 2010 SHORELINE INVENTORY AND CHARACTERIZATION IN CLALLAM COUNTY DID PROVIDE THE FOUNDATION FOR THE ENTIRE 2017 SMP UPDATE PROCESS.

LAY A FOUNDATION IN EVIDENCE

FEB 24, 2015 DEPT. OF THE INTERIOR (DOI), the US Fish and Wildlife Service and the  maritime national wildlife refuge complex (NWRC)

SMP PUBLIC COMMENT #584   022415 – DeptOfInterior       

 “UNLIKE MANY OTHER AREAS OF PUGET SOUND CLALLAM COUNTY HAS PRISTINE  AQUATIC  AREAS AND SHORELINES THAT ARE IN GREAT CONDITION OR HAVE BEEN RESTORED AND PROVIDE MANY BENEFITS TO THE PEOPLE AND THE WILDLIFE IN THE AREA

RECOGNIZING THIS FACT, WE SUGGEST THAT THE SMP FOLLOW A HIGHER STANDARD  THAN IS REQUIRED BY THE WA STATE SHORELINE MANAGEMENT ACT’S MINIMUM PROTECTION REQUIREMENT”

OR…OR….OR…OR…

PARTICULARLY AN EXPERT WITNESS

LAY A FOUNDATION IN EVIDENCE, TO PROVIDE TO THE JUDGE THE QUALIFICATION OF A WITNESS (PARTICULARLY AN EXPERT WITNESS)

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RECOGNIZING THIS FACT……

AS A CONCERNED CITIZEN OF CLALLAM COUNTY, I DID LAY A FOUNDATION IN EVIDENCE MANY DOCUMENTS OR MANY OTHER PIECES OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

IN SPITE OF MY LAYING DOWN THE CHAIN OF DOCUMENTARY EVIDENCE ON THE CLALLAM COUNTY SMP UPDATE  FROM DEC 5, 2009 TO NOV 11, 2017.

WHEREIN: THE GOAL OF THIS RULE IS TO ALLOW PARTIES TO PRESENT ALL OF THE EVIDENCE THAT BEARS ON THE ISSUE TO BE DECIDED

WHEREIN: PROBATIVE FACTS ARE DATA THAT HAVE THE EFFECT OF PROVING AN ISSUE OR OTHER INFORMATION. PROBATIVE FACTS ESTABLISH THE EXISTENCE OF OTHER FACTS.

WHEREIN: THEY ARE ADMISSIBLE AS EVIDENCE AND AID THE COURT IN THE FINAL RESOLUTION OF A DISPUTED ISSUE.

WHY WOULD ANYONE BELIEVE ME?

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Nov 9, 2017 I met with ELECTED CLALLAM COUNTY DCD Director Mary Ellen Winborn

We spoke for about an hour…

The bottom line… pretty much went like this.

Mary Ellen said, “WE HAVE TO LEAVE THIS 2017 DCD 2017 SMP UPDATE TO THE PROFESSIONALS”…..

WHY WOULD ANYONE BELIEVE YOU?

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REALLY, WHY WOULD ANYONE BELIEVE ME

WHY INDEED,  BECAUSE, A DOCUMENT OR OTHER PIECE OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

I DID IN FACT LAY A FOUNDATION IN EVIDENCE DOWN THE CHAIN OF DOCUMENTARY EVIDENCE ON THE CLALLAM COUNTY SMP UPDATE  FROM DEC 5, 2009 TO NOV 11, 2017.

CLALLAM CO SMP UPDATE LAYING DOWN THE LAW

WHY AM I MAKING A FEDERAL CASE OUT OF THIS?

THE EPA GRANTED AND FUNDED THE CLALLAM COUNTY DCD SMP UPDATE DRAFT.

A US ENVIRONMENTAL  PROTECTION  ASSISTANCE GRANT  TO CLALLAM COUNTY WA  FOR PROJECT NO  PO-00J08801-1-2- 3.   IT  COST AMERICAN TAXPAYERS $1,329,915.00 DOLLARS.

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MAKING A FEDERAL CASE OUT OF THIS……

THE RULES OF EVIDENCE BY FEDERAL LAW

Congress in 1975 adopted the Federal Rules of Evidence. The Federal Rules of Evidence are the official rules in federal court proceedings. Most states now also have codified rules of evidence based on these federal rules. Both state and federal rules of evidence serve as a guide for judges and attorneys so that they can determine whether to admit evidence—that is, whether to allow evidence to be observed by the judge or jury making factual conclusions in a trial.

EVIDENCE RELEVANCE OF ADMISSIBILITY

RELEVANCE One important benchmark of admissibility is RELEVANCE. Federal Rule of Evidence 402 states, in part, “All relevant evidence is admissible, except as otherwise provided.” THE GOAL OF THIS RULE IS TO ALLOW PARTIES TO PRESENT ALL OF THE EVIDENCE THAT BEARS ON THE ISSUE TO BE DECIDED, and to keep out all evidence that is immaterial or that lacks Probative value. Evidence that is offered to help prove something that is not at issue is immaterial

PROBATIVE RULES OF EVIDENCE

Having the effect of proof, tending to prove, or actually proving.

When a legal controversy goes to trial, the parties seek to prove their cases by the introduction of evidence. All courts are governed by RULES OF EVIDENCE that describe what types of evidence are admissible. One key element for the admission of evidence is whether it proves or helps prove a fact or issue. If so, the evidence is deemed probative. Probative evidence establishes or contributes to proof.

PROBATIVE FACTS ARE DATA THAT HAVE THE EFFECT OF PROVING AN ISSUE OR OTHER INFORMATION.

PROBATIVE FACTS ESTABLISH THE EXISTENCE OF OTHER FACTS.

They are matters of evidence that make the existence of something more probable or less probable than it would be without them.

THEY ARE ADMISSIBLE AS EVIDENCE AND AID THE COURT IN THE FINAL RESOLUTION OF A DISPUTED ISSUE

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Behind My Back | Did Clallam Co need an SMP Update in 2010?

www.behindmyback.org/…/06/didclallamconeedan-smpupdatein-2010

Nov 06, 2017 · the shoreline inventory and characterization provide the foundation for the entire smp update process based on ecology’s 2010 clallam county shoreline …

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Why would anyone believe me?

 In a court of law?  

Why would anyone believe Pearl Rains Hewett, a Clallam County Country Bumpkin?

 In a court of law?  

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 Behind My Back | 2017 SMP Draft New Black Lines and Purple

www.behindmyback.org/2017/11/10/7347

Nov 10, 2017 · THE NEW CLALLAM COUNTY DCD SMP Update 273 Page Draft is a very expensive, … Behind My Back + menu- … « Did Clallam Co need an SMP Update in 2010?

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 SAT NOV 11, 2017 WHAT ARE YOU GOING TO DO ABOUT IT?

THE DEADLINE FOR PUBLIC COMMENT ON THE DCD 2017 SMP DRAFT UPDATE  IS DEC 12, 2017….

Email your comments to:  SMP@co.clallam.wa.us  Clallam County Board of Commissioners

What will happen in eight months? who knows?

Meanwhile this Tenacious Clallam County Country Bumpkin  is doing the usual….

I’ll just keep making more 2017 SMP Update Draft Public comments,  posting them on my website, and sending around in cyberspace.

2 Responses to Clallam Co SMP Update Laying Down the Law

  1. Delane Hewett says:

    This certainly looks like the foundation of a lawsuit, should the SMP prove unfavorable to the landowners, facts and expert opinions being what they are. Why do you need more and additional restrictions (e.g. an update) unless you are going for a higher standard then “Pristine”. I can only imagine one standard higher; untouched by human hand. Is that where the EPA wants to take this eventually? Just setback the properties until they are no more? Restrict them until they have no human use? One foot at a time…

    Why not celebrate the “Pristine” nature of the shoreline and the caretakers of the land. Isn’t this the very definition of man AND the biosphere? isn’t this the standard we are looking for and already have with the existing SMP and existing EVIDENCE?

    It really is sad that as long as there are grants to be awarded, budgets to use or lose, and NGAs to award them to, it really doesn’t matter if there is a problem or not. It’s not like its our money they are spending…

  2. Diane Royall says:

    I chose to move to this county over 12 years ago because of how pristine this area is. For the most part the citizens in this area take very good care of their land and properties. I purchased a sub dividable piece of land for my home and future investment. Without notice my zoning and designation was changed. The zoning dept told me there is nothing I can do about that. I am seeing more restrictions as of late I cannot appreciate. The reasoning is absolutely ridiculous in my opinion. I see this as a land grab. I was told their is no grandfather clause. How did this happen without a vote or notification? The reasoning makes no sense to me. Their are already rules and laws in place to help keep our community safe and clean. Now we have the EPA overstepping in my opinion and restricting my private property rights and prospects in the name of trying to keep the Olympic peninsula pristine! It is already pristine with the exception of a few property owners who should be the focus and maybe helped to clean up or decontaminate. Instead over a million dollars of tax payers money is spent to ad more lines, set backs and restrictions! And oh, nothing is being done to the people who have trash and broken down vehicles all over their land!