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  • Category Archives Abuse of Power
  • 2017 SMP Exposing DOE’s Abuse of Citizenry

    INDEED, DISCOVERY, PUBLIC RECORDS, REDISCOVERY, DOCUMENTING AND EXPOSING

    Dec 5, 2009 to Nov 15, 2017 Exposing DOE’s Abuse of Citizenry on the 2012-2014- 2017 DCD SMP Update Drafts in Clallam County WA.

    2011- 2017 SMP Exposing DOE’s AND ESA ADOLFSON’s Abuse of Citizenry and the project manager.

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    State Senators Hold Hearing Exposing DOE’s Abuse of Citizenry …

    dev.myfreedomfoundation.com/…/state-senators-hold-hearing-exposing-doe’s-abuse-…

    SMP Messaging guide for bureaucrats and pro-SMP 2012 … Unfortunately, when it comes to the SMP updates, it is clear the Department of … Quinn lying down.

    Snippet…

    2014 Another sample DOE email shared by various DOE employees – citizens are at “homer simpson” level of intelligence: DOE employee Zink says citizens are like homer simpson level

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    My quote,

    2017- Hello Country Bumpkins…

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    ev.myfreedomfoundation.com/blogs/liberty-live/state-senators-hold-hearing-exposing-doe’s-abuse-citizenry-and-local-government

    Instead of these decisions being made by local elected officials, the Department of Ecology uses its position of authority to bully local jurisdictions and dominate the process — despite what Gordon White, Shorelands and Environmental Assistance Program Manager for DOE (current salary $102,767) stated at the hearing (see 14:38).

    In my testimony (at 1:03:00), I highlighted examples (obtained through public records requests) of Ecology’s negative attitude towards citizens and the dismissive attitude they have towards those who disagree with them.  Here they are, as promised:

    1)  DOE Water Quality Program Manager Bill Moore (current salary $92,592referring to property owners who participated in the public process at a public hearing in Asotin County in 2011 with contempt, specifically calling them  “rable” (the misspelling is his). Citizens are rable according to DOE Bill Moore

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    2011- 2017 SMP Exposing DOE’s AND ESA ADOLFSON’s Abuse of Citizenry

    DOE MICHELLE McCONNELL AND  ESA MARGARET CLANCY

    My comment on a social media  post Posted on March 30, 2014 by Al B.

    AFTER EIGHT YEARS TOGETHER ON THE JEFFERSON COUNTY SMP UPDATE, ESA MARGARET CLANCY AND DOE MICHELLE McCONNELL ARE TOGETHER AGAIN, ANOTHER EXTREMELY HARD JOB, SHEPHERDING THE CLALLAM COUNTY PLANNING DEPT THRU THE CLALLAM COUNTY 2017 SMP UPDATE DRAFT.

    I’M A CONCERNED CITIZEN… JUST ASKING

    DOE ABUSE? COLLUSION?  OR JUST BEING GOOD SHEPHERDS?

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    IT ONLY TAKES TWO TO RAKE IN THE DOUGH

    DOE MICHELLE McCONNELL AND  ESA MARGARET CLANCY

    2011 THE TIP OF THE ESA ADOLFSON COOKIE CUTTING IN WA STATE SMP UPDATES. YOU WILL FIND THEM  ASSOCIATED WITH  24 COOKIE CUTTING SMP UPDATES IN WA STATE.  

    INCLUDING  PIERCE COUNTY,

    CITY OF TACOMA, CLALLAM COUNTY, CITY OF SAMMISH, KENMORE, ISSAQUAH, WOODWAY, MASON COUNTY, ISLAND COUNTY,CITY OF SHORELINE, WHATCOM COUNTY, VANCOUVER, TUKWILLA, DUVALL, CLARK COUNTY, LACEY, GIG HARBOR, MULKITO, RENTON, JEFFERSON COUNTY, CITY OF RIDGEFIELD, EATONVILLE, PUYALLUP, CITY OF UNIVERSITY PLACE AND THE CITY OF LOWELL IN OREGON. 

    What the ELECTED WA State Senators did in Pierce County about the Pierce County  SMP Update, should be happening on the DCD 2017 Clallam County SMP Update Draft.

    Well, except for the fact that Clallam County only has three elected representatives and they are all UNRESPONSIVE DEMOCRATS.

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     REDISCOVERING, DOCUMENTING, EXPOSING AND DISSEMINATING

    Full unedited text

    State Senators Hold Hearing Exposing DOE’s Abuse of Citizenry …

    dev.myfreedomfoundation.com/…/state-senators-hold-hearing-exposing-doe’s-abuse-…

    SMP Messaging guide for bureaucrats and pro-SMP 2012 … Unfortunately, when it comes to the SMP updates, it is clear the Department of … Quinn lying down.

    April 21, 2014

    Glen Morgan
    Adjunct Fellow

    Last Thursday, members of the Washington State Senate convened in Sumner to discuss the damaging effects of the Shoreline Management Act (SMA) on property rights.  We referenced this hearing here. Of particular interest in this discussion was the role the Department of Ecology plays in the SMP update process.

    Legislators in attendance were Sen. Pam Roach (R-31st), Sen. Bruce Dammeir (R-25th), Sen. Jan Angel (R-26th), Sen. Doug Ericksen (R-42nd), Sen. Bob Hasegawa (D-11th), and Rep. Graham Hunt (R-2nd).

    Pierce County Councilmembers Dan Roach, Jim McCune and Joyce McDonald also came to ask questions and listen to public comment.

    Fortunately, for all those unable to attend, you can see the complete TVW coverage of this hearing here, and I would strongly recommend anyone who cares about property rights, or who wants to see citizens point out the many problems with the Department of Ecology, to watch and share this video.

    Approximately 150 residents attended the hearing.  Many of them also testified.

    The meeting was initiated due to the concerns raised by many residents of Pierce County about the Department of Ecology imposing significant changes to the current Pierce County Shoreline Master Plan that are not supported by the public.

    The required seven-year update is taking place right now in Pierce County, and the façade of the SMP update being a “locally driven process” is quickly fading away. Nobody really believes there is much local control over the process. The public had a big laugh at the Department of Ecology during the hearing when its representatives made this claim.

    Instead of these decisions being made by local elected officials, the Department of Ecology uses its position of authority to bully local jurisdictions and dominate the process — despite what Gordon White, Shorelands and Environmental Assistance Program Manager for DOE (current salary $102,767) stated at the hearing (see 14:38).

    In my testimony (at 1:03:00), I highlighted examples (obtained through public records requests) of Ecology’s negative attitude towards citizens and the dismissive attitude they have towards those who disagree with them.  Here they are, as promised:

    1)  DOE Water Quality Program Manager Bill Moore (current salary $92,592)  referring to property owners who participated in the public process at a public hearing in Asotin County in 2011 with contempt, specifically calling them  “rable” (the misspelling is his). Citizens are rable according to DOE Bill Moore

    2)  DOE Supervisor Erik Stockdale (current salary $69,588) refusing to recognize scientific studies that disprove long-held Ecology dogma and suggesting other Ecology employees hide e-mail records from the public by deleting them. See this classic Youtube video from the San Juans.  It is unknown how successful Stockdale and other DOE employees have been at violating state law by deleting other public records. DOE Erik Stockdale lets delete these public records

    3) Creating “messaging-guides” that recommend government officials avoid talking about the impacts the SMP has on property values, property rights and personal freedom. Instead, the guide says, they should appeal to fear. The guide goes on to recommend local government officials create a “compelling SMP story,” which includes “villains” (we can safely assume this means shoreline property owners).  “Opponents” are defined as people who support “freedom and prosperity” (page 4) and the Freedom Foundation as an example of an opponent (page 5).  Our tax dollars funded this.  SMP Messaging guide for bureaucrats and pro-SMP 2012

    4)  Ecology Director Ted Sturdevant (salary was $138,523 before he went to work in Gov. Jay Inslee’s administration as executive director of the Legislative and Policy Office) referring to arguments against proposed Ecology rules as “right-wing propaganda b******t,” and calling Republican politicians who disagree with his agency’s position: “f******s.”  DOE director Sturdevant calls Republicans fkrs DOE director Sturdevant calls WPC rwbullsht DOE director Sturdevant oddly attacks tea party

    Of the various attendees from all over Washington state who attended and testified at this hearing, nobody wants to see the health of the shorelines be degraded. However, there was clearly no confidence that DOE is an honest player in this process.

    This was certainly the case for residents of Lake Tapps, where Ecology is trying to force Pierce County to apply a 50-foot buffer around the shoreline of this manmade lake.

    Unfortunately, when it comes to the SMP updates, it is clear the Department of Ecology is not an honest participant in the process. Unfortunately, the evidence shows the Department of Ecology doesn’t regulate the environment, but it clearly does attempt to regulate people, dissenters and the message.

    We are thankful that some of our elected officials are starting to look into this situation, and last Thursday’s hearing was a great start towards exposing the truth about the abuse by state government agencies.

    “Rabble”

    Another sample DOE email shared by various DOE employees – citizens are at “homer simpson” level of intelligence: DOE employee Zink says citizens are like homer simpson level

    Still a little confused about how the Dept. of Ecology is organized at the top level?  That’s okay, most of these state agencies are set up to be a little confusing.  Here is a brief upper management org chart.  A more detailed and complete org chart can be obtained directly from the DOE via an information request.  The 1500+ emloyee positions are pretty well connected on that chart, but it will take you some time to sort it out.

    Update:  Here is a podcast from Seattle’s KTTH David Boze’s show.

    Liberty Live SEIU Up To Its Old ‘Tricks,’ Trying To Suppress The Truth Predictably, SEIU 775 isn’t taking the Freedom Foundation’s efforts to expose its reluctance to comply with Harris v. Quinn lying down.

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    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 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 them around in cyberspace.

    THE BOTTOM LINE  ON THE 2017 CLALLAM COUNTY SMP UPDATE ……

    MUST NOT BE…..

    P.S.  I EXPECT TO HAVE SOME MORON TRY TO MAKE US MOVE OUR HOUSE BACK ANOTHER 500 FEET FROM THE BEACH.


  • Clallam Co SMP Update Cathy Lear-DOE-ESA

    Clallam Co SMP Update Cathy Lear, Ecology et al. and ESA Margaret Clancy

    NOV 14, 2017 After researching the  SMP Update from 2009,  Discovery is in its infancy with a multitude of unanswered questions.

    2017 SMP Update Draft Discovery, public information documents, laying down the evidence, laying down the laws, Public notice and participation, laying down Ecology’s unscientific evidence, and in furtherance of the discover and due process of law, demanding answers to ten (10) unanswered questions from Ecology’s and nineteen (19) unanswered questions from Clallam County DCD Planning Dept Director Mary Ellen Winborn.

    Discovery: Cathy Lear, ia a Clallam County employee,  she was identified as the Project Manager for the Clallam County DCD SMP Update Draft on public request documents.

    The Clallam County Board of Commissioners  BOCC must question, Cathy Lear at a Public meeting and demand all documents relevant to the SMP Update from day one.

    Specifically, When, how and why ESA Adolfson  was awarded the SMP Update contract? Was there and open bid process by the BOCC for the contract?

    Or? Were the citizens of Clallam County, and our pristine private shoreline property,  just sucked into the contract with ESA Adolfson , by a process of coordination, linked to Jefferson County, Port Townsend and Sequim for consistency and compliance?

    ESA Adolfson has been document as the compliance experts, consultants, facilitators  in 25 WA State city  and county SMP Updates.

    Interestingly enough, as  Contractors, ESA Adolfson never gets sued

    The BOCC  must Question ESA Adolfson’s Margaret Clancy on her Whatcom County SMP Update, and the ten year legal battle (LAHRS V. WHATCOM COUNTY)  paid for by the citizens of Whatcom County.

    As the consultant for Whatcom County SMP Update, Margaret Clancy did not get sued.

    FIRST, LAY A FOUNDATION IN EVIDENCE

    LAHRS V. WHATCOM COUNTY

    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.

    Victoria Luhrs wins 10-year battle to protect her Lummi Island home …

    https://pacificlegal.org/victoria-luhrs-wins-10-year-battle-to-protect-her-lummi-island-…

    Earlier this year, Whatcom County ended its decade-long legal battle to prevent Lummi Island resident Victoria Luhrs from building a shore defense work that is …

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    LAYING DOWN THE LAW  RCW 90.58.100 IN EVIDENCE

     (6) Each master program shall contain standards governing the protection of single family residences and appurtenant structures against damage or loss due to shoreline erosion. The standards shall govern the issuance of substantial development permits for shoreline protection, including structural methods such as construction of bulkheads, and nonstructural methods of protection. The standards shall provide for methods which achieve effective and timely protection against loss or damage to single family residences and appurtenant structures due to shoreline erosion. The standards shall provide a preference for permit issuance for measures to protect single family residences occupied prior to January 1, 1992, where the proposed measure is designed to minimize harm to the shoreline natural environment.

    AND IN LAYING DOWN THE LAW RCW 90.58.100 IN WHATCOM COUNTY

    ESA ADOLFSON AND MARGARET CLANCY DID NOT GET  SUED.

    LAHRS V. WHATCOM COUNTY WAS A DECADE LONG LEGAL BATTLE

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    LEGAL ISSUES ON THE DCD 2017 SMP UPDATE DRAFT

    Koontz v. St. Johns River Water Management District (2013)
    The U.S. Supreme Court handed a victory to all property owners by ruling in favor of Coy Koontz Jr., represented by PLF attorneys, in his constitutional challenge to the heavy, unjustified demands that his family faced as a condition for a building permit. The 5-4 ruling affirms that the Fifth Amendment protects landowners from government extortion, whether the extortion is for money or any other form of property.

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    To Thwart the Constructional rights of Clallam County Shoreline Private Property owners…

    The Clallam County 2017 DCD SMP Update Draft does place  heavy, unjustified demands  as a condition for a building permit.

    Indeed, the Fifth Amendment protects landowners from government extortion, whether the extortion is for money or any other form of property.

    AND IN LAYING DOWN THE LAW…

    ESA ADOLFSON IS NEVER  MENTIONED

    AND ESA ADOLFSON NEVER GETS SUED.

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    Why am I making a Federal Case out of this?

    The U.S. Supreme Court handed a victory to all property owners

    EPA  granted the Clallam County SMP Update funding

    Because we have a top down government of paid experts, the professionals et al.,

    And, after all these years , I am still in DISCOVERY.

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    The DOI are the experts on Natural Hazards and black line restrictions

    So, I sent the following inquiry to the Dear DOI, our BOCC and other concerned citizens.

    Dear DOI,

    RE: Natural Hazards and black line restrictions

    Specifically my inquiry, is how are the DOI Natural Hazards relate to the black line restrictions on our private shoreline property in the Clallam County WA, 2017 SMP Update?

    Contact Us | US Department of the Interior – DOI.gov

    https://www.doi.gov/strategicsciences/contact-us

    Contact Us. SSG logo-small. The Strategic Sciences Group (SSG) is co-led by the U.S. Geological Survey Associate Director for Natural Hazards. In addition, a …

    —– Original Message —–

    From: pearl hewett

    To: ssg@ios.doi.gov

    Sent: Sunday, November 12, 2017 8:06 AM

    Subject: DOI Natural Hazards and black line restrictions

    Dear DOI,

    RE: Natural Hazards and black line restrictions

    Specifically my inquiry, is how are the DOI Natural Hazards relate to the black line restrictions on our private shoreline property in the Clallam County WA, 2017 SMP Update?

    NOV 9, 2017  I RECEIVED A WARNING “IF THE CITIZENS OF CLALLAM COUNTY ONLY KNEW THE EVIL OF THE BLACK LINE, THE DISCRIMINATION OF THE PURPLE COLOR”

    Exactly, what are the DOI black line Natural Hazards federal regulations and restrictions? (documents please)

    How are Channel Meander Zones legally defined by the DOI?  (documents please)

    How are critical shoreline (Natural Hazards)  area’s legally defined by the DOI? (documents please)

    There is NO LIDAR in Clallam County WRIA 20? Did someone just make up the Black Lines based on someones opinion or theory?  (please respond to this question)

    Nov 9, 2017, I was told, by our elected DCD Director, Mary Ellen Winborn, that the black lines restrictions (on map #41) placed on 20 acres of a 40 acre parcel of private shoreline property on the Sol Duc River were for our own protection.

    Which led to this posting on my blog behindmyback.org….

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    Behind My Back | 2017 SMP Draft New Black Lines and Purplewww.behindmyback.org/2017/11/10/7347

    • Nov 10, 2017 · THE NEW CLALLAM COUNTY DCD SMP Update 273 Page Draft is a very expensive, very complicated environmental designation, a Color Book coded with black lines

    Posted on November 10, 2017 12:26 pm by Pearl Rains Hewett Comment

    THE NEW CLALLAM COUNTY  DCD SMP Update 273 Page Draft  is a very expensive, very complicated  environmental designation, a Color Book coded with black lines and  purple, and every other color of the rainbow to rule, regulate and restrict every  vested private shoreline property owner in Clallam County WA.

    SO WHAT’S NEW ABOUT THAT?

    DISCOVERY, NOV 9, 2017  I RECEIVED A WARNING “IF THE CITIZENS OF CLALLAM COUNTY ONLY KNEW THE EVIL OF THE BLACK LINE, THE DISCRIMINATION OF THE PURPLE COLOR”

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    Which led to this posting on my blog behindmyback.org….

    Behind My Back | Clallam Co SMP Update Laying Down the Law

    • www.behindmyback.org/…/11/clallam-co-smp-update-laying-down-the-law

      Nov 11, 2017 · 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 …

    Posted on November 11, 2017 8:57 am by Pearl Rains Hewett Comment

    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.

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

    AND NOW, YOU KNOW WHY I AM INSISTING ON DOCUMENTATION FROM THE DOI, WITH YOU AS MY EXPERT WITNESS

    Pearl Rains Hewett

    (360) 417-9452

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    NOV 14, 2017 How can the Clallam County BOCC get it, when they never even got it until Oct 30, 2017?

    How can the BOCC  move forward on the DCD approved 2017 SMP Update Draft,  infused with ESA compliance, ECOLOGY’s  questionable science,  with Discovery in its infancy and a multitude of  unanswered  questions?

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    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 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 them around in cyberspace.

    THE BOTTOM LINE  ON THE 2017 CLALLAM COUNTY SMP UPDATE ……

    MUST NOT BE…..

    P.S.  I EXPECT TO HAVE SOME MORON TRY TO MAKE US MOVE OUR HOUSE BACK ANOTHER 500 FEET FROM THE BEACH.


  • 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?

     ————————————————–

    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?  

    ————————————————————

     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.


  • 2017 SMP Draft New Black Lines and Purple

    THE NEW CLALLAM COUNTY  DCD SMP Update 273 Page Draft  is a very expensive, very complicated  environmental designation, a Color Book coded with black lines and  purple, and every other color of the rainbow to rule, regulate and restrict every  vested private shoreline property owner in Clallam County WA.

    SO WHAT’S NEW ABOUT THAT?

    DISCOVERY, NOV 9, 2017  I RECEIVED A WARNING “IF THE CITIZENS OF CLALLAM COUNTY ONLY KNEW THE EVIL OF THE BLACK LINE, THE DISCRIMINATION OF THE PURPLE COLOR”

    Question: “Why use Color Book?”

    Answer:  “Color Books have been in the news  a lot since Nov 8, 2016”

     Hello Clallam County Country Bumpkins et al. Who knew what on Jan 26, 2011?

    And, what have we discovered …. Nov 10, 2017?

    The Clallam County DCD SMP Update Draft is a 273 page color book, It  cost American taxpayers $1,329,915.00 dollars. A US Environmental  Protection  Assistance Grant  to Clallam County WA  for Project No  PO-00J08801-1-2- 3.

    Total Project cost, one million three hundred twenty nine thousand nine hundred and fifteen dollars.

    WHO’S ACCOUNTING FOR THE MONEY?

    I’m requesting an answer from  Jim Jones, Jr.  the Clallam County Administrator..

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    NOV 3, 2017 TO NOV 8, 2017 all links are below.

    DISCOVERY  From: Clallam County Public Records Center

    To: phew@wavecable.com

    What started as a $599,000.00 pass through grant from the EPA to Clallam County  for ESA Adolfson  facilitators/ consultants/ compliance experts, Margaret Clancy and Jim Kramer, we were told,  to regulate 3300 vested  private shoreline turned into $1,329,915.00 dollar project.

    DISCOVERY  Jan 26, 2011 to Nov 10, 2017 continued….

    WHO KNEW, A PERSON THAT WE HAVE NEVER SEE, IN OR AT, OR QUESTIONED AT ANY PUBLIC 2017 DCD SMP UPDATE DISCUSSIONS, IS CLALLAM COUNTY EMPLOYEE CATHY LEAR THE PROJECT MANAGER.

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    December 6, 2011 Cathy Lear comments on the SMP Update

    HELLO COUNTRY BUMPKINS…

    Doubtless, everyone with an advanced degree in forestry would understand these references.

    This way of writing is distracting, however, for those who do not customarily speak in these terms. I think it should be made more “speaks for itself to anyone” wherever possible. A shoreline inventory should be a tool useful to anyone interested, but especially to land use planners and citizens with property they want to develop.

    We cannot assume everyone speaks the language of academic society.  

    ———————————————————————–

    NOV 9, 2017   MORE DISCOVERY  on the 2017 DCD SMP Draft Update 273 PAGE COLOR BOOK . People send me stuff, people tell me stuff, I have a researched and documented history of the Clallam County SMP Update stuff.

    NOV 9, 2017  A WARNING “IF THE CITIZENS OF CLALLAM COUNTY ONLY KNEW THE EVIL OF THE BLACK LINE, THE DISCRIMINATION OF THE PURPLE COLOR”

    ——————————————————–

    I am very familiar with the color purple on maps used for the SMP Update. I did attended the 2012 SMP Update Forks Public Forum.

    WHO KNEW ABOUT THE “NEW”  EVIL BLACK LINES ON THE DCD 2017 SMP UPDATE DRAFT MAPS COLOR BOOK?  NOT ONLY DID THEY COLOR  OUR PRIVATE SHORELINE PROPERTY PURPLE,

    WHO KNEW?  AND, WHO KNOWS THAT THEY DREW “NEW” EVIL  BLACK LINES ON OUR PRIVATE SHORELINE PROPERTY?

    NOV 9, 2017 3:30PM I COULD DOCUMENT ON MAP #41 IN THE COLOR BOOK,  THE “NEW” EVIL BLACK LINES ON THE 2017 DCD SMP UPDATE DRAFT MAPS, THE BLACK LINES “TOOK”  20 ACRES OF A GEORGE C. RAINS SR TRUST PROPERTY FROM  A 40 ACRE PARCEL ON THE SOL DUC RIVER.

    I WAS ABSOLUTELY FURIOUS, I IMMEDIATELY WENT TO THE CLALLAM COUNTY COURT HOUSE.

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

    We spoke for about an hour…

    RE: THE EVIL OF THE BLACK LINE AND THE DISCRIMINATION OF THE PURPLE COLOR.

    The bottom line… pretty much went like this.

    Mary Ellen said, “We have to leave this to the professionals”…..

    WHY WOULD ANYONE BELIEVE YOU?

    —————————————————————————

    DISCOVERY CONTINUED….

    After a seven years fight.. The nine unpaid volunteer members of the Clallam County Planning Commission, finally gave up..

    “WE HAVE TO LEAVE THIS TO THE PAID PROFESSIONALS”…..

    THE PAID PROFESSIONALS? THAT WROTE THE DCD 2017 CLALLAM COUNTY SMP UPDATE DRAFT AND PROVIDED THE NEW 273 PAGE COLOR BOOK…….

    DCD DIRECTOR MARY ELLEN WINBORN AND SR. PLANNER STEVE GRAY, IN COLLABORATION WITH ECOLOGY’S LOCAL COORDINATOR DOE MICHELLE MCCONNEL AND ESA ADOLFSON OVERPAID FACILITATOR MARGARET CLANCY (THAT INCLUDING JIM KRAMER)

    —————————————————————————-

    BACK TO THE 2017 DCD SMP DRAFT 273 PAGE $1,329,915.00 DOLLAR COLOR BOOK. As the concerned trustee for over 800 acres of designated forest land, seriously affected by the DCD 2017 SMP Update Draft…. I requested a paper copy of their color book .

    —– Original Message —–

    From: pearl hewett

    To: Mary Ellen Winborn

    Cc: Bill Peach ; mark mozias ; Randy Johnson

    Sent: Sunday, November 05, 2017 8:35 AM

    Subject: Requesting a copy of the 2017 SMP Update Draft

    ——————————————————————————–

    WE THE CITIZENS OF CLALLAM COUNTY CAN LEAVE THE 2017 DCD SMP DRAFT UPDATE UP TO THE PAID PROFESSIONALS AND ECOLOGY OR WE CAN CHALLENGE IT….

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

    LINKS TO PUBLIC DISCLOSURE DOCUMENTS….

    —– Original Message —–

    From: Clallam County Public Records Center

    To: phew@wavecable.com

    Sent: Friday, October 27, 2017 2:18 PM

    Subject: Public Records Request :: P004353-102417
    Attachments:
    Hewett_doc_pdf.pdf

    Friday, November 03, 2017 9:09 AM

    Subject: Public Records Request :: P004384-103017

     

    Attachments:
    signed_ESA_full_contract-22_pgs.pdf
    SMA_Grant_Agr_G1000062.pdf

    From: Clallam County Public Records Center

    To: phew@wavecable.com

    Sent: Tuesday, November 07, 2017 4:21 PM

    Subject: Public Records Request :: P004411-110317

    Attachments:
    PO-00J08801-1_Add_$499957__Signed_10-5-10.pdf
    PO-00J08801-2_Rebudget__Extend_to_12-31-14__Signed_10-16-12.pdf
    PO-00J08801-3_Rebudget__Extend_to_12-31-16__Signed_12-15-14_.pdf
    PO-00J08801-0_$1329915_Exp__12-31-12__Signed_8-3-10.pdf

    ——————————————————————————–

    IT APPEARS ABOVE, THAT THE PO-JOO8801  #3  REBUDGET  WAS ONLY EXTENDED TO DEC 31, 2016?

    HAS IT BEEN EXTENDED IN AND FOR  2017?

    —————————————————————————-

    BACK TO THE 2017 DCD SMP UPDATED DRAFT …

    What have I done about it?

    DISCOVERY PLUS… a huge number of SMP Public Comments

    PLUS…..

    I met with Commissioner Bill Peach for an hour on Oct 20, 2017

    I met with Prosecuting Attorney Mark Nicholas for one hour (follow the law)

    I met with Commissioner Mark Ozias on Nov 3, 2017

    I met  with my elected Commissioner Randy Johnson Nov 8, 2017

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

    PLUS…..

     I AM POSTING AND EMAILING THIS SMP PUBLIC COMMENT

    —————————————————————–

    WHAT ARE YOU GOING TO DO ABOUT IT?

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

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

    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.

    DISCOVERY to be continued….

    ———————————————————————————–

    RE-DISCOVERY MY SMP PUBLIC COMMENT APRIL 18, 2012

    GIVE THEM AN INCH AND THEY’LL TAKE A MILE

    Seller disclosure as required by Clallam County 2012 SMP Update and WA State law

    But the best news of all is the assurance by the Planning Dept. that your private property will not have any loss of value due to Clallam County’s 2012 SMP Draft restrictions and regulations.

    BUT? What has Clallam County got to lose?

    RCW 90.58.290

    Restrictions as affecting fair market value of property. The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property.

    [1971 ex.s. c 286 § 29.]

    INDEED, ONE MUST CONSIDER  ALL OF THE  RESTRICTIVE SMP  “SHALLS” ON PRIVATE VESTED SHORELINE PROPERTY OWNERS, AND IN PARTICULAR… THE UNDEVELOPED PRIVATE INVESTMENT SHORELINE PROPERTIES, VIEW, ETC?

    ———————————————————————
    RE-DISCOVERY MY SMP PUBLIC COMMENT APRIL 18, 2012
    www.clallam.net/LandUse/documents/247_SMP041812.pdf

    Merrill, Hannah From: pearl hewett … Subject: SMP GIVE THEM AN INCH AND THEY’LL TAKE A MILEhave any loss of value due to Clallam County’s 2012 SMP Draft …

    I submit this as my SMP comment

    Pearl Rains Hewett Trustee

    George C. Rains Sr. Estate

    Member SMP Advisory Committee

    TO WHOM IT MAY CONCERN

    Grandfathered is non-conforming.

    The statistics introduced at the last SMP Advisory meeting, on how many private property owners, property and single family dwellings will become non-conforming by the SMP Draft marine 175′, 150′ plus 10′ setbacks, has not been posted on the SMP web site. (the number was staggering)

    PER CATHY LEAR, they are waiting to compile the historic statistics to show the number of how many private property owners, property and single family dwellings were non-conforming on the old SMP marine setbacks. (hindsight is 20/20)

    How have the DOE restrictions, regulations and definitions on/of non-conforming property changed since 1976?

    I wrote the following as a tongue in cheek comment on the 2012 SMP Update.

    After seeing the statistics on non-conforming private marine property at the last SMP meeting, it is not funny, it is frightening.

    2013 OLYMPIC PENINSULA CLASSIFIED AD

    FOR SALE VIEW   LOT ON THE BEAUTIFUL STRAITS OF JUAN DE FUCA

    100FEET X400FEET

    Seller disclosure as required by Clallam County 2012 SMP Update and WA State law

    This is a 100% non-conforming lot

    There is a 175 foot setback from the HWL

    The is a 150 setback from the feeder bluff

    There is a 65 foot wetland setback

    There is a 50 foot buffer zone

    There is a 10 foot setback from buildings

    THE GOOD NEWS

    The buyer is left with 25% of his private property purchase, a 100X100 foot piece of private property (with a 75% loss of his usable private land where the buyer is free to put his 1700 sq foot home, his drain field, his parking and his deck and his garden.

    The buyer will be allowed a 20 foot view corridor (20’X300′) through the 300 feet of restricted use area of his private property. (leaving 80% of his view blocked)

    The buyer will be allowed to limb up and remove 30% of the vegetation blocking his view every 10 years on the 100 X 300 foot restricted use area of his private property.

    The buyer will be allowed a 6 foot wide foot path through the 300 foot restricted use area (in the view corridor) of his private property and home to the beach. (a full city block from beach)

    Using a variance and a geological study you may be able to reduce the setbacks and buffer zones.

    But the best news of all is the assurance by the Planning Dept. that your private property will not have any loss of value due to Clallam County’s 2012 SMP Draft restrictions and regulations.


  • Did Clallam Co need an SMP Update in 2010?

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

    BASED ON ECOLOGY’S  2010 CLALLAM COUNTY SHORELINE INVENTORY AND CHARACTERIZATION REPORT

    DID CLALLAM COUNTY  NEED A FULL BLOWN $600,000.00 SMP UPDATE?

    I THINK NOT.

    ————————————————————————-

    —– Original Message —–

    From: pearl hewett

    To: earnest spees

    Sent: Monday, July 11, 2011 9:00 PM

    Subject: MY STATISTICS ON WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS

    I have finally finished reading all 7 ESA Adolfson chapters for WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS on line.

     I have addressed the Public Access to Private Property issue based on their own statistics.

    Freshwater and the Marine for WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS

    On the 18 Marine reaches

    Contaminated sites they found (3)

    Impaired water quality sites (12)

    Impaired water caused by temperature (4)

    On the 64 Freshwater reaches

    Contaminated sites

    (1) contaminate site on the R3 Dungeness,

    Several on R1 Elwha (how many is several?)

    (2) on the R2 on the Hoko.

    (29) impaired water quality sites (based on how many factors?)

    (34) sites are described as impaired water caused by temperature.

    As far as I can figure out, the water in Clallam County is impaired because it is not cold enough.

    COLD ENOUGH?

     Based on the data in their reports, the amount of tree canopy, public access  and development are NOT factors in the water temperature?

    Perhaps 50 years ago the water WAS cold enough?

    Do they really think that throwing logs in the water and removing barriers  will change the temperature of the water?

    Changing Climate is a scientific fact. (NOT GLOBAL WARMING)

    THEY ARE DREAMING….

     NOW, NO NET LOSS

     (10) CONTAMINATED SITES, AT THE MOST, ALL BEING CLEANED UP AS I WRITE THIS.

    IT’S ALL ABOUT THE FISH… and the dams… and the endangered species and not a damn word about the damn fishing nets.

    GET BETTER

    Pearl

    —————————————————————

    DID CLALLAM COUNTY  REALLY NEED A FULL BLOWN $600,000.00 SMP UPDATE?

    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       

    snippet

    “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”

    THEY WHO?  THERE IS NO SIGNATURE ON THE COMMENT?

    THEY, GO ON TO SAY….

    THE MINIMUM NECESSARY IS A VAGUE TERM…

    AND THEY? EVEN PROVIDED THEIR OWN FWS FORM 3-2319 O2-06 FOR THE PLANNING COMMISSION AS A PROCEDURE TO FOLLOW FOR THE 2017 SMP UPDATE DRAFT.

    ————————————————————————

    DOE JEFFREE STEWARD QUOTE July 12, 2012  “I understand that you believe ecological functions have “improved” in Clallam County since 1976”

    —————————————————————————————

    From: pearl hewett

    To: smp@co.clallam.wa.us

    Sent: Tuesday, July 12, 2011 7:01 AM

    Subject: Fw: SMP COMMENT ON CONTAMINATED SITES

    SMP COMMENT ON CONTAMINATED SITES

    WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS

    On the 18 Marine reaches

    Contaminated sites

    they found (3) 

     ———————————————

    On the 64 Freshwater reaches

    Contaminated sites

     (1) contaminate site on the R3 Dungeness,

     (Several) on R1 Elwha (how many is several?)

     (2) on the R2 on the Hoko.

     With all of the SMP concern about contaminated sites

    These are the FACTS

     Why is Green Crow the only contaminator mentioned by name?

     We should be given the exact location of every specific contaminated site and  the full  identity of EVERY contaminator.

     Pearl Rains Hewett

     ————————————————————-

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

    ———————————————————————————–

    The   DEPT. OF THE INTERIOR (DOI), public comment above shall be included for the Planning Dept SMP Update.

    My comment below shall not.

    SMP Public Comment #162

    Posted on February 28, 2015 10:41 am by Pearl Rains Hewett

    IN 2010 Did Clallam County  really need a full blown $600,000.00 SMP Update?

    Based on ECOLOGY’S own  2010 Characterization and Inventory  report

    Based on the  best available science from 1992?

    I THINK NOT.

    WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS

    SMP PUBLIC COMMENT ON CONTAMINATED SITES

    Sent: Tuesday, July 12, 2011 7:57 AM

    ON THE 18 MARINE REACHES CONTAMINATED SITES THEY FOUND (3)

    ON THE 64 FRESHWATER REACHES CONTAMINATED SITES

    (1) contaminate site on the R3 Dungeness,

    (Several) on R1 Elwha (how many is several?)

    (2) on the R2 on the Hoko.

    With all of the SMP concern about contaminated sites

    These are the incomplete, censored scientific facts

    Why is Green Crow the only contaminator mentioned by name?

    (10) As a member of the Clallam County SMP Advisory Committee I am asking for the exact

    location of every specific contaminated site and the full identity of EVERY contaminator.

    Pearl Rains Hewett

    Sent: Tuesday, July 12, 2011 7:30 AM

    Subject: COMMENT ON WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS

    COMMENT ON

    WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS

    On the 18 Marine reaches CONTAMINATED sites they found (3)

    Impaired water quality sites (12) (based on how many factors?)

    Impaired water caused by temperature (4)

    —————————————————————-

    On the 64 Freshwater reaches CONTAMINATED sites

    (1) contaminate site on the R3 Dungeness, DNA testing determined bird poop and mammals

    Several on R1 Elwha (how many is several?)

    (2) on the R2 on the Hoko.

    (29) impaired water quality sites (based on how many factors?)

    On the 64 Freshwater reaches

    (34) sites are described as impaired water caused by temperature.

    SMP PUBLIC COMMENT Sent: Tuesday, July 12, 2011 7:57 AM

    Pearl Rains Hewett

    Member SMP Advisory Committee

    —————————————————————————

    ECOLOGYS 10 Unanswered questions  from July 12, 2012

     (1) Please provide copies of the scientific papers that definitively identify, the cause of marine and freshwater contamination?

    (2) Please provide copies of the scientific papers that definitively identify what caused the marine and freshwater contamination? People, development or industry or by birds, wild mammals or naturally present in the environment?

    (3) I am requesting a copy of the scientific papers on the DNA testing for impairment and contamination at the mouth of the Dungeness River.

    (4) Were ANY of the contaminated or impaired sites caused by? or as a result of? Clallam County 1976-2012 SMP failure to protect NNL of ecological function?

    (5) Please provide scientific papers on how the Clallam County SMP from 1976-2012 has failed to protect NNL of ecological function?

    (6) Please provide scientific papers on why DOE is demanding wider setbacks and buffer zones to protect NNL of ecological function?

    (7) Please provide scientific papers on how many single family residence were destroyed on Clallam County marine and freshwater shorelines, by rivers or tidal action as a result of? or caused by? or a failure? of Clallam County 1976-2012 SMP?

    (8) Please provide scientific papers on how many ecological disasters occurred as a result of? or caused by? or failure of? Clallam County 1976-2012 SMP?

    (9)Please provide scientific papers on how many injuries or deaths occurred as a result of? or caused by? or failure of? Clallam County 1976-2012 SMP?

     (10) As a member of the Clallam County SMP Advisory Committee I am asking for the exact location of every specific contaminated site and the full identity of EVERY contaminator.

    UNTIL the DOE can prove with site specific scientific papers that the Clallam County SMP 1976-2012 has caused any loss of ecological function, the current setbacks and buffer zones should remain in place or reduced.

    ——————————————————————————–

    SMP Handbook: Chapter 7, Shoreline Inventory and Characterization

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

    Last updated 3/23/2010. 1 … The inventory and characterization of your jurisdiction’s shoreline … must also be included in your Inventory and Characterization report. …. A draft list of inventory data sources (digital copy) for Ecology review and comment ….. plans – http://www.ecy.wa.gov/watershed/index.html ) or your own …

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

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

    —————————————————————————-

    HOW MANY OF MY TEN SMP UPDATE  SCIENTIFIC QUESTIONS DID DOE JEFFREE STEWARD ANSWER WITH THE FOLLOWING RESPONSE?

    NONE period.

    JEFFREE STEWARD QUOTE July 12, 2012  “I understand that you believe ecological functions have “improved” in Clallam County since 1976”

    If you are interested in reading his full text July 12, 2012 response..  Welcome to it… it’s a bunch of bureaucratic blah… blah… blah…

     

    Merrill, Hannah

    From: Stewart, Jeff R. (ECY) [jste461@ECY.WA.GOV]

    Sent: Thursday, July 12, 2012 5:06 PM

    To: ‘pearl hewett’; zSMP; Ehlers, Paula (ECY); Skowlund

    , Peter (ECY); White, Gordon (ECY)

    Cc: Karl Spees; Jay Petersen; harry bell; Katie Krueger

    ; robert crittendend; Lois Perry; Sue Forde

    Subject: RE: JEFEREE STEWARD legal WRITTEN request for DOE WRITTEN answers

    Dear Ms. Hewett:

    Thanks for your reminder about several questions raised via email which are in the message below. As I indicated during Tuesday’s (7/10/12) Advisory Group meeting, in an effort to understand concerns you and others have expressed, Ecology representatives drove to Port Angeles in June, meeting with you and several Clallam County concerned citizens

    whom you had invited. That meeting was meant to address some of your concerns directly, and I thought we had a pretty good and frank exchange. Evidently, based on statements made since, you found our meeting somewhat less satisfactory.

    You have raised a number of pointed questions and asked for written responses. You have asked for “scientific papers” on a variety of subjects. You say my agency (and me specifically) has been “ignoring” your request. That is not my intent. Please understand, my job is to help Clallam County as well as several other jurisdictions to make progress in meeting legislatively required comprehensive updates to their Shoreline Master Programs. This various and complex work has to be done within limited timelines and budgets.

    I do appreciate the passionate engagement you demonstrate by active participation in the Advisory Committee. Ecology has limited resources and lots of responsibilities- we have to make choices that keep our focus on the work we have to do.

    Please remember that Ecology’s SEA Program leadership team did make an extra effort, driving to and from Port Angeles, listening to you and your colleagues, and sharing perspectives directly, face to face. We found that exchange helpful. We hope you and your colleagues also gained some understanding about the state’s perspective. At least that was our intention-and we had hoped it would be better received than just writing back and forth on details best addressed in other venues.

    I understand that you believe ecological functions have “improved” in Clallam County since 1976.

    And it is clear you believe the Department of Ecology is required to prove otherwise, point by point as noted. I did forward your message to Paula Ehlers. She and I discussed the request,

    and we both agree that, from what we have seen, Clallam County and their consultants are doing very competent and conscientious work in addressing the necessary scientific underpinnings that a shoreline program has to based on. We also recognize the County has been actively listening to and recording the concerns of all interested citizens and organizations, yours among them, and working those concerns in as the SMP update proceeds. We see our proper role as helping and encouraging the County in doing that work. We will proceed in doing that work.

    Again, thanks for your focus and engagement with Clallam County shoreline master program concerns.

    I hope we can continue to communicate as the work proceeds, showing mutual respect, and allowing for differences in perspective about what needs to be done.

    Sincerely,

    Jeffree Stewart

    Shoreline Specialist

    Washington Department of Ecology

    360-407-6521

    ————————————————————————————–

    YES. INDEED I DO BELIEVE ECOLOGICAL FUNCTIONS HAVE “IMPROVED” IN CLALLAM COUNTY SINCE 1976.

    BASED ON ECOLOGY’S 2010 DOCUMENTED CHARACTERIZATION AND INVENTORY  REPORT

    WITH FURTHER  DOCUMENTATION FROM FEB 24, 2015  FROM DEPT. OF THE INTERIOR (DOI), THE US FISH AND WILDLIFE SERVICE AND THE  MARITIME NATIONAL WILDLIFE REFUGE COMPLEX (NWRC)

    IN 2010 Did Clallam County  really need a full blown $600,000.00 SMP Update?

    I THINK NOT.

    —————————————————————–

    HAVE MY TEN SCIENCE BASED QUESTION, FROM JULY 12, 2012,  TO ECOLOGY BEEN ANSWERED

     ABSOLUTELY NOT

    DOE REPRESENTATIVES HAVE IGNORED WRITTEN QUESTIONS, FROM JULY 12, 2012  TO NOV 7, 017 ON WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS REPORT, AND THE CLALLAM COUNTY SMP UPDATE, ASKED AND REQUESTED ON THE SMP PUBLIC  COMMENT SECTION ON THE CLALLAM COUNTY SMP UPDATE WEBSITE.

    The bottom line

    WHAT NEEDS TO BE DONE NOV 7, 2017

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

    UNLESS  ECOLOGY can prove with site specific scientific papers that the Clallam County SMP 1976-2017 has caused any loss of ecological function, the previous setbacks and buffer zones should remain in place or be reduced, on the 2017 SMP Update Draft by Clallam County BOCC


  • Discovery Clallam Co SMP Update 2009-2017

    Discovery on the Clallam County SMP Update 2009-2017

    My DISCOVERY on the 2017 DCD SMP Update Draft  IS NOT IN CHRONOLOGICAL ORDER, It is the cumulative documents I have uncovered  and DISCOVERED over an eight year period of time. And includes recent public information requests.

    My first public meeting on the SMP Update, Jan 26, 2011 went something like this.

    Hello Country Bumpkins,  my name is Margaret Clancy, this is Jim Kramer, we are from ESA Adolfson, and we’re here to help you.

    UNFORTUNATELY, none of THE 2017 BOCC were in office in 2011, and the ones that were  in office BOCC did not attend that meeting.

    Lois, Sue and Prosecuting Attorney Mark Nichols did attend that Jan 26, 2011  meeting.

    Feb 1, 2011 my PDN published opinion “If the Clallam County SMP Update is anything like the one in Port Townsend, anybody that lives within 150 feet of a mud puddle should be concerned”

    ESA Adolfson Margaret Clancy did the SMP Update for Jefferson County.

    That was my published opinion in Feb 1, 2011  and I’m sticking with it Nov 4, 2017

    City Slickers should never underestimate the intelligence and tenacity of  Clallam County  Country Bumpkins et al.

    I researched ESA Adolfson Margaret Clancy and Jim Kramer, online,  prior to the Jan 26, 2011 meeting

    My trail of DISCOVERY on Nov 5, 2017, extends back to Dec 5, of 2009 and is documented.

    My DISCOVERY on the 2017 DCD SMP Update Draft  IS NOT IN CHRONOLOGICAL ORDER, It is the cumulative documents I have uncovered  and DISCOVERED over an eight year period of time. And includes recent public information requests.

    Attachments:
    Hewett_doc_pdf.pdf

    Attachments:
    signed_ESA_full_contract-22_pgs.pdf
    SMA_Grant_Agr_G1000062.pdf

    The Clallam County 2017 SMP Update has reached a critical point, the Planning Dept under the direction of elected DCD Director Mary Ellen Winborn, in collaboration with Ecology’s local coordinator DOE Michelle McConnel, ESA paid Facilitator Margaret Clancy and Steve Gray have approved “THEIR” 2017 SMP  Update Draft.

    The SMP Update Draft is now being examined by our ELECTED Board of Commissioners, Bill Peach (R), Randy Johnson (I) and Mark Ozias (D).

    ———————————————————————————————

    October 21, 2017 A Concerned member of the planning commission sent me the following

    Re: The DCD 2017 SMP Draft Update

    —– Original Message —–

    Fromxxxx

    To: pearl hewett

    Sent: Saturday, October 21, 2017 5:12 PM

    I made as many changes as I could to the SMP, insisting that “grandfathering” stay in (it kept disappearing), not developing in tsunami zones be completely removed,  and a hundred other things.  Couldn’t make any progress on buffers, setbacks, and floodplain.  After 7 years it was time to move it off our table and let the county commissioners weigh in.  Bill Peach and I have had many conversations about SMP.

    It’s good to hear from you Pearl

    ———————————————————————————-

    Re: The DCD 2017 SMP Draft Update

    April 12, 2011 DISCOVERY on Nov 2, 2017

    April 12, 2011 The Adolfson woman told the group they are going to completely rewrite our SMP and we won’t even recognize it when they are done?

    —– Original Message —–

    From: pearl hewett

    Sent: Tuesday, April 12, 2011 7:57 AM

    Subject: Re: Clallam County Shoreline Master Program

    I did go to the Public Meeting at the Senior Center last night (April 11, 2011) 5:30 to 8:30. It was where people where broken into groups based on their interest.

    Private property owner’s on the Elwha are being washed out and very concerned.

    Lakes were not on Adolfson’s /Jim Kramer’s agenda, but due to popular demand, Lake Sutherland people finally got a chance to be heard. 

    I sat in on their lake meeting. It was run by an Adolfson woman and documented by Jim from the Planning Dept. They came to a consensus regarding the 35 foot setback, repairing existing structures and public access.

    They want clarification and specific requirements on the revised SMP.

    The Adolfson woman told the group they are going to completely rewrite our SMP and we won’t even recognize it when they are done?

    FYI

    Pearl

    —————————————————————————

    Re: Nov 5, 2017 for my DISCOVERY on the DCD 2017 SMP Draft Update

    As a responsible member of the so called SMP Update Advisory Committee, to verify that the 2017 SMP UPDATE DRAFT  has indeed, been completely rewritten by ESA Adolfson, and we (I)  won’t even recognize it when they are done.

    I am requesting a paper copy of the DCD 2017 SMP Update Draft.

    —– Original Message —–

    From: pearl hewett

    To: Mary Ellen Winborn

    Cc: Bill Peach ; mark mozias ; Randy Johnson

    Sent: Sunday, November 05, 2017 8:35 AM

    Subject: Requesting a copy of the 2017 SMP Update Draft

    To DCD Director Mary Ellen Winbourn

     I am requesting a paper copy of the DCD 2017 SMP Update Draft.

    I can pick it up at the court house when it’s ready.

    Pearl Rains Hewett

    RE: SMP Update Advisory Committee

    (360) 417-9452

    235 W 5th St

    Port Angeles WA 98362

    ———————————————————————

    I requested a paper copy of the 2012 SMP Draft Update, received it and read the whole thing.

    —————————————————————-

    DISCOVERY April 17, 2011

    ESA ADOLFSON WA STATE SMP COOKIE CUTTERS

    SMP COOKIE CUTTING April 17, 2011

     Interestingly enough the name Kramer and co. (Adolfson?) was mentioned.

    ESA Margaret Clancy and Kramer  did Jefferson County and Port Townsend? SMP

    Someone said that Jefferson County just let a cookie cutter SMP be done?

     April 17, 2011

    THE TIP OF THE ESA ADOLFSON COOKIE CUTTING IN WA STATE SMP UPDATES

     IF YOU LOOK ON LINE FOR ESA ADOLFSON CONSULTANTS MARGARET CLANCY AND JIM KRAMER YOU WON’T FIND THEM UNDER COOKIE CUTTERS,

    HOWEVER YOU WILL FIND THEM  ASSOCIATED WITH  24 COOKIE CUTTING SMP UPDATES IN WA STATE.  

     CITY OF TACOMA, CLALLAM COUNTY, CITY OF SAMMISH, KENMORE, ISSAQUAH, WOODWAY, PIERCE COUNTY, MASON COUNTY, ISLAND COUNTY,CITY OF SHORELINE, WHATCOM COUNTY, VANCOUVER, TUKWILLA, DUVALL, CLARK COUNTY, LACEY, GIG HARBOR, MULKITO, RENTON, JEFFERSON COUNTY, CITY OF RIDGEFIELD, EATONVILLE, PUYALLUP, CITY OF UNIVERSITY PLACE AND THE CITY OF LOWELL IN OREGON. 

    WHATCOM COUNTY WA PLANNERS AND ESA ADOLFSON PAID  CONSULTANTS/ FACILITATORS  MADE UP THEIR OWN RULES ON THE WHATCOM COUNTY SMP UPDATE? AND THEIR COMMISSIONERS LEGISLATED THOSE RULES INTO LAW?

    AND THIS IS WHAT HAPPENED …..

    THE CASE IS LUHRS V. WHATCOM COUNTY,  A 10 YEAR LEGAL BATTLE, , WITH WHATCOM COUNTY TAXPAYERS PAYING TO FIGHT AGAINST A SHORELINE PROPERTY OWNER  LEGAL RIGHT, WA STATE LAW ( RCW 90.58.100 ) THAT SPECIFICALLY GIVES COASTAL LANDOWNERS THE RIGHT TO PROTECT THEIR HOMES FROM EROSION.

    WHAT WILL HAPPEN IN CLALLAM COUNTY NOW THAT THE  DCD PLANNERS AND ESA ADOLFSON  FACITITATORS MADE UP THEIR OWN RULES ON CLALLAM COUNTY 2017 SMP UPDATE?

    ——-

    DISCOVERY  Jefferson County – Michelle McConnell leaves for Ecology

    Posted on March 30, 2014 by Al B.

    AFTER EIGHT YEARS TOGETHER ON THE JEFFERSON COUNTY SMP UPDATE, ESA MARGARET CLANCY AND DOE MICHELLE McCONNELL ARE TOGETHER AGAIN, ANOTHER EXTREMELY HARD JOB, SHEPHERDING THE CLALLAM COUNTY PLANNING DEPT THRU THE CLALLAM COUNTY 2017 SMP UPDATE DRAFT.

    Michelle McConnell, who has been a stalwart at the Jefferson County Dept. of Community Development for many years, has chosen to leave and work for the Department of Ecology.

    Michelle has had the extremely hard job of shepherding the Shoreline Master Program through over the last 8 years.

    She has always been a steady hand and been a sea of calm in the midst of turbulent public meetings over the SMP. We will miss her guidance on these issues. No word on a replacement yet. Best of luck to Michelle in future endeavors.

    I’m pleased to announce I have accepted a new job and will be leaving DCD the week of April 7, 2014  my new position will be as a Shoreline Planner with WA Department of Ecology.

    —————————————————————————

    DISCOVERY  By May 5, 2011, I was an angry, concerned vested stakeholder of private shoreline property and a member of the appointed Citizens Advisory Committee

    050511 – PHewett – G

    • #70 We, as a Citizens Advisory Committee, are not there to give input, constructive comment, or recommendation, we are there to be indoctrinated on compliance, based on misleading pie charts and statistics compiled and presented by ESA Adolfson. “Reading out loud” by Pearl Hewett of WAC 173-26-191 illegal or unconstitutional.

    ——————————————————————-

    MY DISCOVERY on the DCD SMP Draft Update

    —– Original Message —–

    From: pearl hewett

    To: Jim Kramer

    Sent: Wednesday, September 28, 2011 12:35 PM

    Subject: Re: Taking of Private Property for Public Access

    Jim,

    Eight months ago, I knew nothing about the DOE, EPA, MAB, the UN, ICLEI, HB 1478, Agenda 21, Dept. of the Interior, Water Rights, Federal Reserved water rights, SMP, WAC’s, RCW’s, Unresponsive Elected Officials, ESA Adolfson, World Historic Site, DNR, WFDW, WRIA’s 18,19,20, Wetlands, endangered species, wetland habitats, three RCW’s that protect private property owners, noxious weeds, shall I go on?

    Did you know that of 1700 acres of land on three Dungeness River reaches are over 700 acres are wetland habitat?

    Eight months ago, I had no voice.

    Read my Dad’s “Conspiracy Exposed” and the “Rest of the story.” Goggle “George C. Rains Sr.”

    My documented comments on the internet are well received and distributed.

    What will happen in eight months?  Do you read the SMP Public Comments?

    I’ll just keep sending my SMP Public Comments around and who knows?

    Pearl

    ————————————————————————————

    Hmmm… What will happen in THE NEXT EIGHT YEARS?  Do you read the SMP Public Comments? I’ll just keep sending my SMP Public Comments around and who knows?

    EIGHT YEARS  ago, I had no voice.

    Jan 29, 2013 my website/blog behindmyback.org went online

    WHAT HAPPENED IN THE LAST  EIGHT YEARS? 

    DISCOVERY AND MORE DISCOVERY AND MORE….

    Behind My Back | SMP Update-Six Years of Frustration

    www.behindmyback.org/2014/08/19/smpupdate-six-years-of-frustration

    SMP UPDATE – SIX YEARS OF FRUSTRATION I submit this as a Clallam County SMP Update Public Comment August 18, 2014 Pearl Rains Hewett Member of the Clallam County SMP …

    SMP Update Eight Years of Frustration

    Posted on November 2, 2017 5:40 am by Pearl Rains Hewett Comment

    SMP UPDATE – EIGHT YEARS OF FRUSTRATION I submit this as a Clallam County 2017 SMP Update Public Comment Nov 2, 2017  Pearl Rains Hewett, previous member of the 2011 so called Clallam County Advisory Committee, still a Concerned Citizen of Clallam County WA…

    ————————————————————

    What will happen in eight months? 

    November 03, 2017 8:02 AM

    Subject: Educate the BOCC

    I met with Commissioner Bill Peach for an hour on Oct 20, 2017

    I met with Prosecuting Attorney Mark Nicholas for one hour (follow the law)

    I met with Commissioner Mark Ozias on Nov 3, 2017

    I have a meeting with my elected Commissioner Randy Johnson Nov 8, 2017

    Does the BOCC have enough to make a good decision about the 2017 SMP Update?  Oct 30th, 2017 was their first worksession to figure it out.  The presentation by the DCD staff is posted to the SMP website and the worksession video can be viewed at the BOCC web page.

    Great question, Will the BOCC have enough to make a good decision about the 2017 SMP Update based on presentations provided by the DCD staff? 

     I THINK NOT!

    It is my intention to provide the BOCC with enough document information on the DCD 2017 SMP Update Draft to make an informed decision for, and in the best of  all citizens of Clallam County.

    What was I doing on October 30, 2017 Re: the DCD 2017 SMP Update Draft?

    A Public Records Request  ESA  full contract – 22 pgs.pdf

    What am I doing on Nov 3, 2017?

    Sending these documents to the  BOCC 

    And, meeting with Commissioner Mark Ozias, Re: the DCD 2017 SMP Update Draft.

    —————————————————————

    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.

    DISCOVERY to be continued….

    The nine unpaid volunteer members of the Clallam County Planning Commission V the paid Professionals,  DCD Director Mary Ellen Winborn and Sr. Planner Steve Gray, in collaboration with Ecology’s local coordinator DOE Michelle McConnel and ESA Adolfson overpaid Facilitator Margaret Clancy

     


  • Update: Interest in the Elwha Project Lands

    OCT 27, 2017  Future interest by the WA State in Elwha Project Lands?

    AUG 10, 2012 PAST INTEREST IN ELWHA PROJECT LANDS

     1992 THE ELWHA ACT, PASSED BY CONGRESS

    THE FEDERAL LAW  IS…. THE SO-CALLED PROJECT LANDS WERE SET ASIDE, “ACCORDING” TO THE REQUIREMENTS OF THE ELWHA ACT, PASSED BY CONGRESS IN 1992.

    AFTER THE BIG DAM REMOVAL.. THE FEDS ELECTED, BUREAUCRATS AND THE TRIBES RAN INTO A LEGAL CONUNDRUM.

    AUG 10, 2012 THE AGENCY THE NATIONAL PARK SERVICE WAS AWARE THE TRIBE WANTS THE SO-CALLED PROJECT LANDS

    THE CONUNDRUM WAS SPECIFICALLY, WHO WERE THE SO CALLED PROJECT LANDS IN CLALLAM COUNTRY WA  LEGALLY, SET ASIDE FOR BY CONGRESS IN THE 1992 ELWHA ACT?

    WHY SHOULD  OUR FEDERAL, STATE AND LOCAL ELECTED REPRESENTATIVES BE BOTHERED WITH  LEGISLATIVE ACTION BY RULE OF LAW?

    WHEN THE LEGAL ISSUES ON THE SO CALLED PROJECT LANDS COULD BE RESOLVED BY BUREAUCRATIC RULE BY RED TAPE?

    THERE WERE SEVERAL UNDISCLOSED LEGAL ISSUES WHEN THE ELECTED FEDS, NPS BUREAUCRATS AND THE TRIBES, WANTED TO JUST RUN IN AND GRAB THE SO CALLED PROJECT LANDS PUBLIC LAND……

     ——————————————————————————–

     SO, THE SOLUTION  TO THE LEGAL CONUNDRUM ON AUG 10, 2012 WAS THE NATIONAL PARK SERVICE (BUREAUCRATS) INTENDS TO LAUNCH A PUBLIC (DUE) PROCESS TO DECIDE THE LONG-TERM DISPOSITION OF THE SO CALLED PROJECT LANDS

    ——————————————————————————–

    OCT 27, 2017  SO?  WDFW (BUREAUCRATS) released its findings (so far) to the Fish Commission  (BUREAUCRATS) SO WE ARE WAITING FOR WA STATE TO CONSIDER THE LONG-TERM DISPOSITION OF THE SO CALLED PROJECT LANDS

    ———————————————————–

    THE WAITING GAME INDEED,  WAITING FOR THE  LONG-TERM DISPOSITION OF THE SO CALLED PROJECT LANDS

    THE ELWHA RIVER ACT 1992, 2011 SMP, 2012 NPS, 2013 DOE SMP,  2017 WDFW AND THE FISH COMMISSON.

    NO WORRIES…. The Waiting Game is a common practice of government and bureaucrats, just wait until citizens give up or forget….

    INDEED, THE  LONG WAITING  FOR THE BUREAUCRATS TO RULE OCT 27, 2017  .

    ———————————————————————-

    AUG 10, 2012 THE NATIONAL PARK SERVICE INTENDS TO LAUNCH A PUBLIC PROCESS TO DECIDE THE LONG-TERM DISPOSITION OF THE LAND,

    BUT AT THE MOMENT HAS NO FUNDING TO PAY FOR AN ENVIRONMENTAL ASSESSMENT OR ENVIRONMENTAL-IMPACT STATEMENT,

    NOTED  BY TODD SUESS, AUGUST 10, 2012 ACTING SUPERINTENDENT FOR OLYMPIC NATIONAL PARK.

    THE AGENCY IS AWARE THE TRIBE WANTS THE LAND, BUT CAN’T JUST TURN IT OVER. “WE NEED TO HAVE A PUBLIC PROCESS,” SUESS SAID.

    —————————————————————————

    We citizens should be used to it “The Waiting Game”  is common practice for the tired, overwhelmed Citizens of Clallam County  

    WELL, I GUESS WE WILL JUST HAVE TO WAIT AND SEE WHAT HAPPENS….TO  THE WA STATE  ELWHA PROJECT LANDS DURING THIS PUBLIC PROCESS BY BUREAUCRATS

    TO DECIDE THE LONG-TERM DISPOSITION OF THE CLALLAM COUNTY WA PUBLIC LAND BY WA STATE BUREAUCRATS

    ————————————————————————

    BUT NOT ON MY WATCH  SEPT 30, 2013

    Behind My Back | The NPS Waiting Game

    www.behindmyback.org/2013/09/30/the-nps-waiting-game/

    A common practice of government waiting…… waiting until NPS willful neglect allows, nature to ravage the roads, the trail, the access, NPS WAITING FOR the .. the snow to collapse the resorts, lodges, cabins, NPS just WAITING… until  those with living memory of a place die off, just WAITING… wait until the people cool off or wait until people forget, out of sight out of mind….

    My SMP Update comment on WA State DOE SMP Priority of public access to public land
    and as referenced in the WA State Public Trust Doctrine
    Pearl Rains Hewett

    Elwha River public lands (between US 101 and SR 112)
    Clallam County Public Land
    NORM’S RESORT NPS Public Land
    ———————————————————————————

    NORM’S RESORT  who’s Norm? what’s he got to do with it?

    The Norm’s privately owned resort, in 1979, provided “we the people” free public access with a long dirt trail for free walking beside the ELWHA RIVER and the use of the ELWHA RIVER FOR A FREE FISHING SPOTS AND IT DIDN’T STOP THERE, IT PROVIDED A STORE, CABINS, RENTAL BOATS.

    What happened to NORM’S RESORT free facilities?

    NORM’S RESORT was demolished by the federal government.

    NORM’S RESORT PRIVATE ELWHA RIVER property is now OUR PUBLIC LAND controlled by the NPS AND there is EVEN more Clallam County PUBLIC LAND on the Elwha River between US 101 and SR 112 that IS UP FOR GRABS.

    There is a county road for the main purpose of access to this area and a WDFW boat launch high and dry….

    2013- IT HAS EVEN BEEN SUGGESTED THAT THE CLALLAM COUNTY’S PUBLIC LAND BE GIVEN TO THE TRIBES?

    As a Community we should insist that the public Elwha River property (between US 101 and SR 112 public land) –

    BE GIVEN FIRST PRIORTY FOR PUBLIC ACCESS AND PUBLIC USE.

    ——————————————————————————-

    In accordance with the DOE and the requirements for PUBLIC ACCESS TO PUBLIC LAND as stated in THE CLALLAM COUNTY SMP UPDATE.

    ————————————————————————————-

    APRIL 4, 2017 (I did this)

    ·  Behind My Back | The Elwha River Limbo Land

    www.behindmyback.org/2017/04/04/6477

    Posted on April 4, 2017 6:46 am by Pearl Rains Hewett

    The Elwha River Limbo Land SOME 1,100 ACRES OF LAND WITH AN UNCERTAIN FUTURE? ORIGINALLY PUBLISHED AUGUST 10, 2012 By Lynda V. Mapes Seattle Times staff reporter WHAT …

    ————————————————————————-

    MY Category Archives  A CITIZEN EXPRESSING INTEREST

    ·  Behind My Back | A CITIZEN EXPRESSING INTEREST

    www.behindmyback.org/category/a-citizen-expressing-interest The Elwha River Limbo Land. SOME 1,100 ACRES OF LAND WITH AN UNCERTAIN FUTURE? ORIGINALLY PUBLISHED AUGUST 10, 2012 By Lynda V. Mapes Seattle Times staff reporter

    WHAT WILL BECOME OF “THE SO CALLED PROJECT LANDS”?

     THAT USED TO BE UNDER THE ELWHA DAM AND LAKE ALDWELL?

    THEY WERE TO BE SET ASIDE FOR USE, AS, BY ELIGIBLE PARTY’S?

    THAT IS THE SO-CALLED PROJECT LANDS WERE SET ASIDE, “ACCORDING” TO THE REQUIREMENTS OF THE ELWHA ACT, PASSED BY CONGRESS IN 1992.

    WERE THEY FACTUALLY?  SPECIFICALLY? SET ASIDE BY CONGRESS IN THE 1992 ELWHA ACT??

    WHY IS CLALLAM COUNTY WA NOT LISTED AS AN ELIGIBLE PARTY FOR A CLALLAM COUNTY RECREATIONAL AREA?

    WHEN CONGRESS AUTHORIZED REMOVAL OF THE DAM SOUTHWEST OF PORT ANGELES IN 1992, THE SO-CALLED PROJECT LANDS WERE TO BE SET ASIDE EITHER FOR USE AS

    1. A STATE PARK,
    2. A NATIONAL PARK OR
    3. A NATIONAL WILDLIFE REFUGE, OR
    4. BE TRANSFERRED TO THE LOWER ELWHA KLALLAM TRIBE.

    SO FAR, THE TRIBE IS THE ONLY ELIGIBLE PARTY THAT HAS A PLAN AND A DESIRE FOR THE LAND.

    AUGUST 10, 2012 THE NATIONAL PARK SERVICE INTENDS TO LAUNCH A PUBLIC PROCESS TO DECIDE THE LONG-TERM DISPOSITION OF THE LAND, BUT AT THE MOMENT HAS NO FUNDING TO PAY FOR AN ENVIRONMENTAL ASSESSMENT OR ENVIRONMENTAL-IMPACT STATEMENT, NOTED TODD SUESS, ACTING SUPERINTENDENT FOR OLYMPIC NATIONAL PARK.

    THE AGENCY IS AWARE THE TRIBE WANTS THE LAND, BUT CAN’T JUST TURN IT OVER. “WE NEED TO HAVE A PUBLIC PROCESS,” SUESS SAID.

     ———————————————————————–

    WHAT WILL BECOME OF “THE SO CALLED PROJECT LANDS”? THAT USED TO BE UNDER THE ELWHA DAM AND LAKE ALDWELL?

     WELL, I GUESS WE WILL JUST HAVE TO WAIT AND SEE WHAT HAPPENS….

    TO  THE WA STATE  ELWHA RIVER PROJECT LANDS DURING THIS  PUBLIC PROCESS BY BUREAUCRATS  TO DECIDE THE LONG-TERM DISPOSITION OF OUR CLALLAM COUNTY PUBLIC LAND BY WA STATE BUREAUCRATS

    ——————————————————-

    The bottom line

    Oct 29, 2017 WHAT AM I GOING TO DO ABOUT IT?

    CROSS MY FINGERS?

    NOPE,  THE USUAL…

    ————————————————————————-

    —– Original Message —–

    From: xxx

    To: Pearl Hewett

    Sent: Friday, October 27, 2017 3:14 PM

    Subject: Future interest by the State in Elwha Project Lands

    Future interest by the State in Elwha Project Lands, WDFW released its findings (so far) to the Fish Commission.  Listen in at:

    https://www.tvw.org/watch/?eventID=2017101082

    watch – TVW, Washington States' Public Affairs Network

    www.tvw.org

     

    and making it easy for you, time stamp starts at 1:50:17 and goes through to 1:52:12.  Less than two minutes of one’s life and one shale know as much as I do.

    Without getting hopes up, opinion is there’s a bit of hope WDFW is seriously going to address this, at least make recommendations for the State to consider.


  • behindmyback.org WA State DOE SMA 1971

    IT SEEMED LIKE A GOOD IDEA AT THE TIME
    Based on this 1971 premise

    1971 Rod Mack:

    ENVIRONMENTAL PERSPECTIVE is one of many perspectives,

    MY OBSERVATION IS THAT IN AREAS WHERE ECONOMICS IS A PRIME
    CONSIDERATION—

    IN THE SMALLER, LESS AFFLUENT
    COMMUNITIES—

    THERE IS A HIGHER PRIORITY FOR JOBS AND TAX
    BASE THAN THERE IS PRIORITY FOR ENVIRONMENTAL CONCERNS

    Rod Mack  My charge, when I joined ECOLOGY IN 1971, was developing the regulations related to the permit system of the Shoreline Management Act (SMA) as well as the guidelines.

     Those GUIDELINES were basically instructions FOR LOCAL GOVERNMENTS’ preparation of their Master Programs as well as standards or criteria for evaluating developments that took place on the shorelines, AGAIN, BY LOCAL GOVERNMENT.

    —————————————————————-

    2017 Pearl Rains Hewett:

    ENVIRONMENTAL PERSPECTIVE is one of many perspectives,
    MY OBSERVATIONS FROM JAN 26, 2011 TO OCT 22, 2017  IS THAT IN AREAS WHERE ECONOMICS IS A PRIME CONSIDERATION—IN THE SMALLER, LESS AFFLUENT
    COMMUNITIES—THERE IS A HIGHER PRIORITY FOR JOBS AND TAX
    BASE THAN THERE IS PRIORITY FOR ENVIRONMENTAL CONCERNS.

    ———————————————————————-

    President Trump was elected Nov 8, 2016 because

    FOR AMERICAN CITIZENS, THE VOTERS, IN AREAS WHERE ECONOMICS WAS A PRIME CONSIDERATION, THERE WAS A HIGHER PRIORITY FOR JOBS AND TAX BASE  FOR HARD WORKING MIDDLE CLASS CITIZENS IN THE USA,THAN THERE WAS A PRIORITY FOR ENVIRONMENTAL CONCERNS.

    INDEED, TRUMP’S PRIORITY ONE WAS ROLLING BACK THE FEDERAL JOB KILLING REGULATIONS, AND RETURNING POWER BACK TO THE PEOPLE.

    WHAT HAPPENED TO US BETWEEN 1971 AND OCT 22, 2017 ON THE CLALLAM COUNTY 2017 SMP UPDATE?

    TRICKLE DOWN FEDERAL JOB KILLING REGULATIONS. period

    ENACTED BY CONGRESS CONTROLLED AND MANDATED BY FEDERAL APPOINTED AGENCIES AND ENVIRONMENTALISTS placed exclusive, planning and regulatory authority with federal appointed government agencies EPA ETC….

    ———————————————————————————–

    Aug 13, 2013 I POSTED “SMP and Water 1970-2013” on behindmyback.org on and sent it to ZSMP as a public comment.

    SMP and Water 1970-2013

    Posted on August 13, 2013 11:22 am by Pearl Rains Hewett Comment

    IT SEEMED LIKE A GOOD IDEA AT THE TIME?
    Based on this 1971 premise

    ———————————————————

    NOV 17, 2014 I POSTED IT AGAIN…..

    Behind My Back | SMP a Good Idea? 1971-2014?

    www.behindmyback.org/2014/11/17/smp-a-good-idea-1971-2014/

    NOV 17, 2014 – www.behindmyback.org/2013/10/06/ad–valorem–tax-dilemma/ … permit system of the Shoreline Management Act (SMA) as well as the guidelines. … The FEDERAL road to WA State ECOLOGY’S SMP and WATER HELL was … it said, if a state wants to do a program, here’s some MONEY to do it; then, once …

    ——————————————————————-

    NOW, WE ARE FACED WITH THE CLALLAM COUNTY 2017 SMP UPDATE

    WHAT AM I GOING TO DO ABOUT THAT…

    THE USUAL…

    ———————————————————–

     

    —– Original Message —–

    From: pearl hewett

    To: zSMP

    Sent: Tuesday, August 13, 2013 1:09 PM

    Subject: SMP and Water 1970-2013

     

    This is my public comment on the

    Clallam County SMP Update

    Pearl Rains Hewett

    1971 Rod Mack: ENVIRONMENTAL PERSPECTIVE is one of many perspectives,
    my observation is that in areas where ECONOMICS is a prime
    consideration—in the smaller, less affluent
    communities—there is a higher priority for jobs and tax
    base than there is priority for environmental concerns

    IT SEEMED LIKE A GOOD IDEA AT THE TIME?
    Based on this 1971 premise

    Rod Mack: My charge, when I joined ECOLOGY IN 1971, was developing the regulations related to the permit system of the Shoreline Management Act (SMA) as well as the guidelines. Those GUIDELINES were basically instructions FOR LOCAL GOVERNMENTS’ preparation of their Master Programs as well as standards or criteria for evaluating developments that took place on the shorelines, AGAIN, BY LOCAL GOVERNMENT.

    IT SEEMED LIKE A GOOD IDEA AT THE TIME?
    Both by premise and legislative intent

    IN 1971….

    In 1972 the SHORELINE MANAGEMENT ACT PASSED

    The FEDERAL road to SMP and WATER HELL was PAVED with good intentions?

    AND HOW MUCH FEDERAL MONEY?

    When the Federal Coastal Zone Management Act came along, it said, if a state wants to do a program, here’s some MONEY to do it; then, once it’s done, here’s some MORE MONEY to manage it.

    There’s a definite tie. The Federal Coastal Zone Management Act came about in ’72 at virtually the same time our Shoreline Management Act was finally approved.

    We were watching it very closely, because the federal law provides SUBSTANTIAL FUNDING to states that develop management programs. Here, we had the Shoreline Management Act.

    MORE FEDERAL MONEY AND MORE FEDERAL MONEY AND MORE FEDERAL  MONEY
    ————————————————————–
    BAIT AND SWITCHED TO FEDERAL CONTROL

    When? and how did we lose our right to local government?
    When? and how were the appointed given state RULE by WAC?
    When? and how were federally appointed agencies given ultimate power?

    WHEN INDEED..
    THE EXPLOSION OF FEDERAL LEGISLATION ENACTED
    BETWEEN 1970 AND 1980 TO PROTECT THE ENVIRONMENT

    ———————————————————
    HISTORY Shoreline Act 40, 263 From 1971-2005
    Washington State Department of Ecology
    Ecology Publication #05-01-006
    A 570 page report the first 35 years, 1970 – 2005
    ———————————————————-
    UPDATE 2013 STATE? SHORELINE MANAGEMENT ACT?
    HAS BECOME FEDERALLY ENACTED
    SHORELINE MANAGEMENT BY APPOINTED FEDERAL AGENCIES.
    ———————————————————–
    Shoreline Act 40, 263 From 1971-2005

    1971 The ENVIRONMENTALISTS proposed the state’s jurisdiction would include 500 feet back from the water’s edge, providing for a strip of land, 500 feet wide, that would be the jurisdiction of their bill.

    1971 They, the ENVIRONMENTALISTS also placed primary, almost exclusive, planning and REGULATORY AUTHORITY WITH THE DEPARTMENT OF ECOLOGY, instead of LOCAL GOVERNMENT
    Resulting in a very STRONG ROLE by the STATE and a much lesser role by LOCAL GOVERNMENT.

    That initiative got enough signatures to go on to the ballot at the next general election. Seeing that, THE LEGISLATURE THEN DECIDED, as is allowed and provided for under the state’s constitution, to enact their version to put on the ballot, which was the 1972 SHORELINE MANAGEMENT ACT, which ultimately passed. The basic difference between the initiative and the act was that the act named a strip 200 feet from the water’s edge as the area of jurisdiction, and then set up the joint state/local approach.
    ——————————————-
    2013 WA STATE SHORELINE MANAGEMENT ACT? AND WATER?

    A much lesser role of STATE AND LOCAL government?

    FEDERAL APPOINTED AGENCIES EDICTS MANDATING TO THE WA STATE DEPARTMENT OF ECOLOGY

    WA STATE DEPARTMENT OF ECOLOGY’S WAC’S, EDITICS, RULING, REGULATING AND ENFORCING OF LOCAL COUNTY AND CITY GOVERNMENT

    ENACTED BY CONGRESS CONTROLLED AND MANDATED BY FEDERAL APPOINTED AGENCIES AND ENVIRONMENTALISTS placed exclusive, planning and regulatory authority with federal appointed government agencies EPA ETC….

    RESULTING IN A VERY STRONG ROLE BY THE ACTS OF CONGRESS and AMENDMENTS TO THOSE ACTS and DELIGATING ALL POWER TO APPOINTED FEDERAL AGENCIES AND ENVIRONMENTALISTS.

    IF WILD OLYMPICS WAS FEDERALLY ENACTED jurisdiction would include 500 feet (or more) back from the water’s edge, providing for a strip of land, 500 feet (or more) wide, that would be the FEDERAL jurisdiction of that ACT.

    ————————————————————-

    Chapter Seven – Saving the Shorelines 2005
    The Plan to Protect the Coastlines
    An interview with Rodney Mack
    February 2, 2005
    Position held at time of interview:
    Retired, formerly Program Manager for the Shorelands and
    Environmental Assistance Program,
    Washington State Department of Ecology, 1983-1994

    From an environmental standpoint, given the two versions of the shorelines legislation, the environmentalist version talked about a jurisdictional area. In other words, what areas, what pieces of geography, the act applied to.

    Our Shoreline Management Act was probably, with maybe the exception of California, the strongest law of its kind in the country at the time. This was right at the beginning of the ENVIRONMENTAL MOVEMENT, and what we were doing was groundbreaking. It wasn’t a case where we could pick up the phone and call some other state and say, hey, what did you guys
    do in dealing with this? Other states were calling us.

    When the Federal Coastal Zone Management Act came along, it said, if a state wants to do a program, here’s some MONEY to do it; then, once it’s done, here’s some more MONEY to manage it.

    There’s a definite tie. The Federal Coastal Zone Management Act came about in ’72 at virtually the same time our Shoreline Management Act was finally approved.

    We were watching it very closely, because the federal law provides SUBSTANTIAL FUNDING to states that develop management programs. Here, we had the Shoreline Management Act.

    ———————————————————–
    History is GOOD
    EXACTLY WHAT WAS WA STATE PLANNING IN 2005?

    shoreline development 259, 262, 264

    WA STATE WATER

    There’s an old saying, “In the Eastern United States, we take water forgranted. In the WEST, we take water from each other.

    My comment WHISKEY IS FOR DRINKING; WATER IS FOR FIGHTING OVER
    ————————————————————-
    Chapter 4, Troubled Waters: Rivers, Streams, and Salmon Recovery
    ……….117
    Habitat, Hydropower, Hatcheries and Harvest, Dick Wallace
    ………….117
    Protecting In-stream Flows, Ken Slattery
    ………………………..129
    The Problem of Pollutants in the Watershed, Dave Peeler
    ……………139
    Devising a Plan for the Dungeness and Elwha Rivers, Cynthia Nelson
    …..149

    Chapter 5, Shifting Standards:
    Treating Wastewater Discharges to Puget Sound
    ………………………165

    Chapter 7, Saving the Shorelines
    ………………………………….259
    A Plan to Protect the Coastlines, Rod Mack
    ………………………259
    Chapter 8, Dividing the Waters: Determining Yakima River Water Rights
    …..295

    Chapter 9, Environment 2010
    RANKING AIR AT THE TOP, Stu Clark
    ……………………………..344
    AT THE TABLE FOR EPA, Randy Smith
    …………………………….390
    History is GOOD
    EXACTLY WHAT WAS WA STATE PLANNING IN 2005?
    WA STATE ON WATER
    ————————————-
    Water Code of 1917 298
    water pollution 9, 41-42, 117
    Water Pollution Control Commission 6, 8-9, 11, 25,
    27, 92, 166, 180, 464
    Water Pollution Hearings Board 25
    Water Quality 11, 16, 18, 58, 60, 80, 113, 118, 122, 139,
    141, 160
    Water Quality Investigation Section 508
    Water Quality Program 11, 18, 80, 118, 139, 165-166,
    451, 494, 503, 508
    WATER RESOURCES ACT OF 1971 18, 131, 317
    Water Resources Program 18, 92, 118, 126, 129, 134,
    149, 295, 303, 305, 309, 318
    WATER RIGHT CLAIMS REGISTRATION ACT 310
    water rights 9, 14, 122, 124, 129-130, 132, 137, 143,
    146, 149-150, 152-153, 155-157, 160, 163, 186,
    295-304, 306-311, 313-314, 317-326
    Water rights 296
    Water Rights Claims Registration Act 300
    WATER STRATEGY 124
    water-dependent industrial uses 285
    Watershed Management Act 143, 145, 147
    Watershed planning 121, 159
    Watershed Planning 117, 122, 131-133, 144, 149,
    158-159
    Watershed Planning Act 122, 131-133, 144, 149,
    158-159
    watershed planning units 132, 14
    ———————————————————–
    2005 WA STATE DEPT OF ECOLOGY AND CONGRESS
    —————————————————————-
    CONGRESS 2, 6, 70, 125, 130, 133, 186-187, 193,
    356-359, 372-373, 376, 378-379, 382, 387-388,
    391-392, 400, 462, 505, 524
    ————————————————————
    2013 WA STATE DEPT OF ECOLOGY AND CONGRESS

    CONGRESS PASSED THE ESA AS PART OF THE EXPLOSION OF FEDERAL LEGISLATION ENACTED BETWEEN 1970 AND 1980 TO PROTECT THE ENVIRONMENT.

    1966 CONGRESS ENACTS FEDERAL Endangered Species Act
    Congress passed the ESA as part of the explosion of federal … – Gale
    www.gale.cengage.com/pdf/samples/sp657497.pdf‎
    by ES ACT – ‎Related articles

    Congress passed the Endangered Species Preservation Act in 1966, … Congress enacted significant MORE amendments in 1978, AND MORE 1982, and MORE 1988,

    1969 The National Environmental Policy Act of | Department of Energy
    energy.gov/nepa/downloads/national-environmental-policy-act-1969‎

    Full text of the National Environmental Policy Act (NEPA) of 1969, as amended, available as a download. NEPA established a national policy for the environment …
    ————————————————-
    1972 Coastal Zone Management Act – Office of Ocean and Coastal …
    coastalmanagement.noaa.gov/czm/czm_act.html‎
    Congressional Action to Help Manage Our Nation’s Coasts … growth in the coastal zone by passing the Coastal Zone Management Act (CZMA) in 1972. The Act …
    ————————————————
    1972 CONGRESS ENACTS FEDERAL Clean water act
    CWA | Civil Enforcement | Compliance and Enforcement | U.S. EPA
    www.epa.gov/Compliance/civil/cwa/index.html‎
    —————————————————
    Congress passed the ESA as part of
    THE EXPLOSION OF FEDERAL LEGISLATION ENACTED
    BETWEEN 1970 AND 1980 TO PROTECT THE ENVIRONMENT.

    This entry was posted in APPOINTED FEDERAL AGENCIES, Clallam County SMP, Economic Impact, Intro to Deprived Of Our Water, Politically Motivated, Rubber Stamped, Shoreline Management Plan, The We’s who WANT, Tribal Right issues?, WA State Water Laws, WHAT A CONCEPT?, Wild Olympics.

    OCT 22, 2017


  • 6/6/2012 Private Meeting with DOE Bureaucrats

    We had the meeting on June 6, 2012. (4) DOE employees, Gordon White (The WA State Manager of Shoreline Programs) Paula Ehlers (Regional Director ) Peter Skowland and Clallam County DOE rep. Jeffree Steward drove up from Olympia for our private meeting.

    Behind My Back | DOE Private meeting 6/6/2012

    www.behindmyback.org/2013/01/30/doe-private-meeting-662012/

    Jan 30, 2013 – THE WA STATE DOE, STATE POLICY PEOPLE asked Steve Gray Deputy Director Clallam County Department of Community Development for my …

    RED FLAG WARNING

    WA STATE DOE SMP IS THE SOLE PRODUCT OF DEPT. OF ECOLOGY

    ON APPEAL, THE WA STATE SUPREME COURT RULED THAT THE SHORELINE MANAGEMENT PROGRAM IS THE SOLE PRODUCT OF THE APPOINTED DEPT. OF ECOLOGY.

    ——————————————————————-

      Behind My Back | It’s Who They Are That Concerns Me

    www.behindmyback.org/2017/10/17/itswho-theyare-that-concernsme

    Oct 17, 2017 · Behind My Back … AND, IT’S WHO THEY ARE THAT CONCERNS ALL OF US. To be continued…. This entry was posted in A Fearful Reminder, …

    INDEED, THE SHORELINE MANAGEMENT PROGRAM (SMP) IS THE SOLE PRODUCT OF APPOINTED BUREAUCRATS IN  WA STATE DEPT. OF ECOLOGY (DOE).

    —————————————————————————

    PRIOR TO THAT JUNE 6, 2012 MEETING WITH THE WA STATE DOE, STATE POLICY PEOPLE (THE BUREAUCRATS)

    I made a list of my concerns  as red flag warnings from Pearl Revere

    —————————————————-

    RED FLAG #1

    When American citizens are afraid of what their government is going to do to them, that is unacceptable to me. Jan. 26, 2011 DOE SMP Public Forum.

    ——————————————–

    RED FLAG #2

    When ELECTED OFFICIAL IGNORE THE  FEARS AND CONCERNS of  American citizens , that is unacceptable to me

    1. Senator Hargrove
    2. Rep. Van DeWege
    3. Rep. Tharinger
    4. Clallam County Sheriff Benedict
    5. Clallam County Commissioner Tharinger
    6. Commissioner Mike Chapman
    7. Commissioner Mike Doherty
    8. WA State Attorney General Rob McKenna

    —————————–

    RED FLAG #3

    FEAR AND CONCERNS  WA STATE AND  APPOINTED AGENCIES

    1. WA STATE DEPT. OF ECOLOGY
    2. AND OTHER UNKNOWN agencies?
    3. WHITE BOATS (identified themselves as for the DOE SMP)?
    4. WHITE BOATS (identified themselves as from the state)?
    5. Ariel surveillance of all Lake Sutherland homes, property and docks?
    6. DNR?
    7. WSDOT (inter agency contract with DFW) inspecting 101 culverts.
    8. DFW illegal trespass on all Lake Sutherland private property.

    —————————

    RED FLAG #4

    WA STATE DOE SMP IS THE SOLE PRODUCT OF DEPT. OF ECOLOGY ON APPEAL, THE WA STATE SUPREME COURT RULED THAT THE SHORELINE MANAGEMENT PROGRAM IS THE SOLE PRODUCT OF THE APPOINTED DEPT. OF ECOLOGY.

     —————————

    RED FLAG #5

    WA STATE DEPT. OF ECOLOGY

    1. 1. DOE SMP WAC’S (Over stepping WA State SMP LAW)
    2. Failure to provide an SMP ECONOMIC IMPACT STATEMENT FOR CLALLAM COUNTY.
    3. DOE WAC directs Clallam County on how to deny permits to private property owners until they submit to regulations and/or restrictions that may be illegal or unconstitutional at State level.
    4. Page 88 DOE WA State Public Trust Doctrine (DOE unconstitutional creation of law without due process). They admit in writing they have done it once?
    5. DOE approval of Shoreline Management Updates that are in conflict with RCW ______ in the protection of single family residence?
    6. DOE excessive setbacks, taking of private property, non-conforming, loss of value, use and enjoyment.
    7. DOE WAC, denies permitted development of private property and requires the taking of private property for public access.

    ————————————————————————–

    JUNE 6, 2012  MY PRIVATE MEETING WITH WA STATE DOE BUREAUCRATS

    Posted as  DOE PRIVATE MEETING 6/6/12 cont.

    The WA State DOE, state policy people asked Steve Gray Deputy Director Clallam County
    Department of Community Development for my contact information, by name as an individual, Pearl Rains Hewett.

    Regional Director Paula Ehlers called me at home and requested a private meeting with me.

    We had the meeting on June 6, 2012. (4) DOE employees, Gordon White (The WA State Manager of Shoreline Programs) Paula Ehlers (Regional Director ) Peter Skowland and Clallam County DOE rep. Jeffree Steward drove up from Olympia for our private meeting.

    Paula Ehlers told me I was allowed to invite 2-3 people. I invited (7).

    Steve Gray, Deputy Director/Planning Manager
    Dr.Robert Crittenden, biologist, expert witness and paid consultant.
    Dick Piling, Realtor, Republican Chairman of Clallam County
    Harry Bell, Business men’s assoc. He is Green Crow, the company owns a lot of WA State forestland, he is well know at state level SMP Advisory Committee
    Connie Beauvais, Manager of Crescent Water District, informed, active Member of the Appointed Planning Dept.
    MD retired, Karl Spees, SMP Advisory Committee, CAPR 13, very active private property owner
    Attorney Mary Pfaff, Member of the SMP Advisory Committee, had a Dr. appointment and did not attend.

    The WA State DOE Team, was a lot more interested in my guests, than they were in me.
    None of the invited (6) that attended were asked to leave.
    Interesting to note, we had the meeting at the courthouse (Steve Gray reserved the room) On the way into the DOE meeting, we ran into several interesting? interested? people. Sheila Rourke Miller, Jim McEntire and Mike Chapman.

    WHAT WAS THE MEETING AGENDA? Intel?
    DOE? I have no idea?
    I asked all of my invited guests to independently, based on their area of expertise and concerns, to prepare (5) questions for the DOE meeting.

    I personally, showed them the map, graphically demonstrating the SMP TAKING affected of the 175′, 150 plus 10′ setback on Burt Reid’s 7 acre priority feeder bluff private property. I spoke of the other property owners, all 474 of them, up to 88% would become totally non-conforming.

    I asked them, as I pointed to the map, as the US Supreme Court Justices asked an EPA witness in the 9 to zero ruling against the EPA, on the Sackett Case, “If this was your investment property? How happy would you be? What would you do? Just plant a few bushes and walk away?

    I did not take notes, I did listened and made an occasional indignant comment.
    By definition, “indignant” Angry at unfairness angry or annoyed at the apparent unfairness or unreasonableness of something.

    We did agreed that we were all American’s first and we do recognize private property rights.
    WHAT DID WE ACCOMPLISH – LEARN?

    Gordon White told us that, the appointed WA State Ecology Director Ted Sturdevant, (ANOTHER BUREAUCRAT)  is aware of the concerns of the Clallam County private property owners (all 3300 of us)

    WA State DOE is not required to provide an economic impact statement for Clallam County.

    My personal conclusion,
    The DOE is aware of the SMP economic impact on Clallam County government.
    The DOE is aware that they are TAKING private property value without compensation.
    The DOE is aware, that If private property owners keep fighting, we can reduce the setbacks, through our local government.

    My conclusions are based on the following
    18 months of research on line,
    WA State Law, protection of private property
    WAC’S, DOE proposed budget 2010-2013
    WA State Public Trust Doctrine
    Lawsuits, WA State Supreme Court Rulings
    United States Supreme Court Rulings
    Pacific Legal Foundation battles and BIG WINS
    documented information on many other WA State SMP’S,
    “Conspiracy Exposed” George C. Rains Sr.
    “Access Denied to inholder property”,
    Attending county meetings, public forums,
    Reading every word of the Clallam County DOE SMP Update and every SMP Public Comment,
    Clallam County Chapter 35,
    Water rights, reserved water rights,
    60 years of recorded history from George C. Rains Sr.
    To name just a FEW areas I have researched, questioning, challenging, communicating and disseminating all of it. (can what I know hurt them?)

    I have great things going for me.
    I AM AN AMERICAN
    I AM NOT AFRAID OF WHAT THE GOVERNMENT IS GOING TO DO TO ME.
    I freely play, the one card I have, guaranteed to me by the United States Constitution
    FREEDOM OF SPEECH.

    American’s working together to protect Constitutional and private property rights, they (light candles) by disseminating, research, keep us informed, reform us, post emails, encourage and support our FREEDOM.
    Karl Spees, CAPR 13
    Lois Krafsky-Perry, Citizen Review Online.
    Sue Forde Citizen Review Online
    Marv Chastin

    This entry was posted in Private Property Rights, Shoreline Management Plan, WA State Dept. of Ecology.

    ——————————————————————————

    MOVING FORWARD,  OCT 19, 2017

    WHAT ARE “YOU” GOING TO DO ABOUT THAT 2017 SMP UPDATE?

    WHAT AM I GOING TO ABOUT IT?

    THE USUAL……

    Post this 2017 SMP Update comment on behindmyback.org

    Then, email it to the Clallam County Board of Commissioners, at:  SMP@co.clallam.wa.us  and others.

    To be continued…


  • Putting Down the Distracted Drivers Law?

    FACT: WA STATE DISTRACTED DRIVERS, HOLDING ELECTRONIC DEVICES, KILL AND INJURE PEOPLE, THE PUNISHMENT AND PENALTIES, BY LAW, SHOULD  BE THE SAME AS DUI LAWS.

    DUI or DWI Punishments and Penalties | Nolo.com

    www.nolo.com/legal-encyclopedia/dui-or-dwi-punishments-penalties-30321.html

    Jail Time. In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. … MANY STATES ALSO REQUIRE MINIMUM JAIL SENTENCES OF AT LEAST SEVERAL DAYS ON A FIRST OFFENSE.

    MANY STATES also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

    For a DUI or DWI that’s been classified as a felony — either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI — jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

    FINES IN ADDITION TO JAIL SENTENCES, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

    DRIVER’S LICENSE PROBLEMS A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). FOR EXAMPLE, MANY STATES suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years.

    IN MANY STATES IF YOU COMMIT THE SAME CRIME , KILLING AND INJURING PEOPLE, YOU DO THE SAME  TIME

    —————————————————————————

    JULY 27, 2017

    HAS WA STATE NANNY GOVERNOR JAY INSLEE (D)  GONE TOO FAR WITH THE STRICTEST DRIVER  LAWS IN THE NATION?

    OR  HAVE HE AND WA STATE LEGISLATORS JUST WANDERED OFF INTO LAW LAW LAND?

    Nation’s Strictest Distracted Driver Law Bans Motorists From Even …

    www.newsweek.com/distracted-driver-law-washington-state-no-holding-phones-6413…

    3 days ago – Drivers in Washington state caught holding their phones, having a quick snack or applying makeup could face fines of up to $234 under a new …

    ———————————————————————–

    A “STEREOTYPICALLY LAUGHABLE EXAMPLE OF A LIBERAL NANNY STATE AT ITS WORST.  IN AN ATTEMPT TO REGULATE OR BAN DOZENS OF ITEMS AND BEHAVIORS FROM BIG GULPS TO CIGARETTES….

     WHILE DRIVING.

    —————————————————————————

    Nearly 30,000 sign petition against Washington’s new distracted …

    q13fox.com/2017/…/petition-started-against-washingtons-new-distracted-driving-law/

    22 hours ago – TACOMA — At least 28000 people have decided that a Washington state law against distracted driving takes enforcement too far. The News …

    INDEED, MICROMANAGER NANNY GOV. INSLEE (D) AND HIS WA STATE LEGISLATORS HAVE GONE TOO FAR. period

    ———————————————————————————

    California: The Ultimate Nanny State – The Federalist

    thefederalist.com/2016/05/05/california-is-an-authoritarian-hellhole/

    MAY 5, 2016 – In California a 15-year-old girl can abort a viable baby without telling her parents, but a 20-year-old can’t buy a pack of cigarettes.

    ——————————————————————————-

    CALIFORNIA NEEDS THE SUPREME COURT TO TELL IT THAT REGULATING….

    DC HAS ALREADY GOTTEN IN THE GAME.

     APR 7, 2017 – WASHINGTON (CNN) THE SENATE FRIDAY MORNING CONFIRMED NEIL GORSUCH, A 49-YEAR-OLD FEDERAL JUDGE WHO COULD HELP CEMENT A CONSERVATIVE …

    ——————————————————–

    The Michael Bloomberg Nanny State In New York: A Cautionary Tale

    www.forbes.com/…/the-michael-bloomberg-nanny-state-in-new-york-a-cautionary-tal…

    May 10, 2013 – Since New York City Mayor Bloomberg announced the 20-ounce soda ban last fall, the controversy has garnered national attention. But, this is just the latest example of his attempt to expand the “nanny state” that has become New York City.

    ———————————————————————–

    Meet Bloomberg | Nanny State

    https://www.meetbloomberg.com/nanny-state/

    Bloomberg’s 12 years as mayor of New York City have been referred to as a “stereotypically laughable example of a liberal nanny state at its worst.

    ———————————————————–

    What Has Bloomberg Tried To Regulate Or Ban In New York City?

    A BETTER QUESTION MIGHT BE WHAT HASN’T HE TRIED TO REGULATE OR BAN.

    HERE’S THE LIST OF SOME OF THE ITEMS ON HIS NANNY AGENDA: ALCOHOL, CALORIE COUNTS, carbon, CELL PHONES, CIGARETTES, contraceptives, composting, fingerprinting, gasoline, NOISE, POLITICS, PRIVACY, SECOND AMENDMENT, SODA, SODIUM, Styrofoam, taxis, tanning, traffic congestion and trans fats.

     BLOOMBERG’S 12 YEARS AS MAYOR OF NEW YORK CITY HAVE BEEN REFERRED TO AS A

    “STEREOTYPICALLY LAUGHABLE EXAMPLE OF A LIBERAL NANNY STATE AT ITS WORST. HE “UNLEASHED A TSUNAMI OF PUBLIC HEALTH INITIATIVES” IN AN ATTEMPT TO REGULATE OR BAN DOZENS OF ITEMS AND BEHAVIORS FROM BIG GULPS TO CIGARETTES, from composting to trans fats.

    HE DID THIS BECAUSE HE THINKS THERE ARE TIMES WHEN GOVERNMENT  “SHOULD INFRINGE ON YOUR FREEDOM.” 

    BLOOMBERG DOESN’T THINK YOU KNOW WHAT YOU WANT, OR WHAT IS BEST FOR YOU.

    HE HAS ACTUALLY SAID,“YOU DON’T KNOW WHAT YOU CARE ABOUT.

    BECAUSE WHAT YOU CARE ABOUT CHANGES WITH WHAT’S GOING ON IN THE WORLD,

     AND YOU NEED SOMEBODY TO MAKE THOSE DECISIONS FOR YOU.”

    And Bloomberg has spent his billions trying to be that somebody.

    Bloomberg’s ban on cell phones in schools simply showed how out-of-touch he was with today’s realities.

    ———————————————————————————

    The Complete List of Everything Banned by Mayor Michael Bloomberg

    gizmodo.com/the-complete-list-of-everything-banned-by-mayor-michael-1490476691

    DEC 31, 2013 – Michael Bloomberg leaves office tomorrow after 12 years as New York City’s mayor. No mayor in recent memory has added so much to a city. Or taken so much away. To remember him properly, here’s a list of everything Bloomberg banned during his time in office.

    —————————————————————————————-

    Is American freedom suffering  from being micromanaged  by  Nanny States,  government? THAT MAKE TOO MANY LAWS, about how people should live their lives, especially about, gun control, eating, smoking, or drinking, coffee, water, sugary water, energy drinks,  overprotective or interfering unduly with personal choices, life liberty and the pursuit of happiness.

    Like, driving to work holding your morning cup of Starbucks? Or eating a McDonalds  egg McMuffin in your car?

    Jul 27, 2017 Absolutely no one likes to be micromanaged. It’s frustrating, demoralizing, and demotivating. Yet, some states can’t seem to help …

    Down Right insulting,  WA State’s Micromanaging Nanny’s,   PASSING A LAW, THAT CONNOTES ANYONE DRIVING IN WA STATE (including tourists) CAN’T CHEW GUM AND DRIVE AT THE SAME TIME……..

    Connotes by definition: imply or suggest (an idea or feeling) in addition to the literal or primary meaning.

    Micromanagement is Mismanagement.

    Micro-managers are bad news for business and bad news for employees.

    They dis-empower staff, stifle opportunity and innovation, and give rise to poor performance.

    MICROMANAGEMENT IS JUST PLAIN BAD MANAGEMENT.