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  • Category Archives AN SMP HISTORY LESSON
  • 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?

    ———————————————————————————–

     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.


  • 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

     


  • SMP Update Eight Years of Frustration

    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

    And  to think Clallam County has been working on the SMP Update for eight years 2009-2017.

    And,  to think the city of Bellevue  has been working on their SMP Update for NINE years. And, Ecology has still not approved Bellevue SMP Update, on Nov  2, 2017 it is listed as Underway.

    The Clallam County SMP Update will have a significantly LARGER NEGATIVE impact on the economic development of  private property on the shorelines statewide significance rivers, lakes and streams IN OUR UNDEVELOPED COUNTY.

    Indeed,  Jul 20, 2013 THE BELLEVUE PLANNING COMMISSION HAD BEEN WORKING ON SHORELINE ISSUES FOR MORE THAN FIVE YEARS.

    Nov 2, 2017,  Update on Bellevue WA SMP Update four years later

    State Review and Approval

    And,  to think the city of Bellevue  has been working on their SMP Update for NINE years. And, Ecology still has not approved Bellevue SMP Update, on Nov 1, 2017, it is listed as Underway.

    Bellevue

    Northwest

    Complete

    Underway

    Contact:
    Joe Burcar
    425-649-7145

     

    Who is Bellevue’s Joe Burcar? I’ll call him later today.

    WHAT IS CLALLAM COUNTY’S STATUS  ON THE DOE SMP UPDATE ON NOV 2, 2017?

    Click on the link below to find out.

    Status of Local Shoreline Master Programs (SMPs) | Washington State …

    www.ecy.wa.gov › … › Shoreline Management home › SMP home

    Most local programs have not been fully updated in over 30 years. Local governments … All counties must update their Shoreline Master Programs. Some towns …

    —————————————————————————————

    HOW SMP THINGS WORK…  OR NOT

    Apr 30, 2014 BELLEVUE (ELECTED) COUNCIL MEMBERS HAD MORE QUESTIONS THAN ANSWERS BY THE END OF MONDAY’S THIRD ROUND OF INFORMATIONAL SESSIONS PROVIDED BY STAFF ABOUT THE PROGRESS OF CREATING A SHORELINE MASTER PLAN THE CITY HOPES WILL PASS STATE MUSTER.

    BELLEVUE COUNCILMEMBER KEVIN WALLACE EXPRESSED HIS IRRITATION that the council has been briefed three times on shoreline master plan development, however, confusion about meeting DOE standards remains. He added there also needs to be more done to address private property rights in the plan.

    “That is not helpful in deciding how to regulate someone’s private property, whether there is a net loss of ecological functions,” he said.

    “SO, I JUST WANT TO LODGE MY PERSONAL FRUSTRATION. I’M JUST STUNNED THAT EVERY JURISDICTION IN THE STATE HAS TO GO THROUGH THIS AND DO THIS AND IN 2014 THE STATE OF THE LAW ON THIS IS SO UNCLEAR. … WHAT WE’RE BASICALLY LOOKING AT IS SOMEONE’S OPINION,” HE SAID.

    ———————————————————————————

    BELLEVUE THE BOTTOM LINE AFTER NINE YEARS OF SMP UPDATE FRUSTRATION

    WHETHER ALL OF THE EFFORT BEING PUT INTO THE PLAN WILL SATISFY HOW THE DOE DEFINES “NO NET LOSS” MAY ONLY BE KNOWN ONCE THE SHORELINE MASTER PLAN IS SUBMITTED.

    NOV 1, 2017, BELLEVUE’S SMP UPDATED IT IS LISTED AS UNDERWAY. PENDING DOE APPROVAL.

    —————————————————————————–

     Behind My Back | SMP Update-Six Years of Frustration

    www.behindmyback.org/2014/08/19/smp-update-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 …

    Posted on August 19, 2014 9:39 am by Pearl Rains Hewett

    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 Update Committee

    Jul 20, 2013 THE BELLEVUE PLANNING COMMISSION HAS BEEN WORKING ON SHORELINE ISSUES FOR MORE THAN FIVE YEARS.

    FROM MAR 12, 2008 TO AUG. 2014 – SIX YEARS

    This is a applicable, cautionary, documented historical  summary and it is,  my PUBLIC Clallam County SMP COMMENT on the pitfalls and frustration that ONE WA State  city council  and PLANNING COMMISSION has been experiencing for OVER 6 YEARS in attempting to update their DOE SHORELINE MANAGEMENT PLAN.

    ————————————————————————————-

    THE BOTTOM LINE AFTER SIX YEARS OF SMP UPDATE FRUSTRATION

    WHETHER ALL OF THE EFFORT BEING PUT INTO THE PLAN WILL SATISFY HOW THE DOE DEFINES “NO NET LOSS” MAY ONLY BE KNOWN ONCE THE SHORELINE MASTER PLAN IS SUBMITTED.

    ————————————————————————–

    documented history

    ECOLOGY CONDUCTED AN INFORMAL REVIEW AND SENT A LETTER TO THE CITY CONTAINING COMMENTS ON THE COMMISSION’S RECOMMENDATIONS.

    Jul 20, 2013 THE BELLEVUE PLANNING COMMISSION HAS BEEN WORKING ON SHORELINE ISSUES FOR MORE THAN FIVE YEARS.

    Jul 16, 2014 BELLEVUE Shoreline plan set for August 2014  public hearing

    The purpose of the August 4, 2014 PUBLIC

    HEARING is to provide an opportunity to make written and oral comments regarding Council-requested variations that are being considered to the Planning Commission’s draft Shoreline Master Program.

    —————————————————————–

    Please continue reading for the documented history (Mar 12, 2008)

    ———————————————————————————-

    THE BOTTOM LINE AFTER SIX YEARS OF SMP UPDATE FRUSTRATION

    WHETHER ALL OF THE EFFORT BEING PUT INTO THE PLAN WILL SATISFY HOW THE DOE DEFINES “NO NET LOSS” MAY ONLY BE KNOWN ONCE THE SHORELINE MASTER PLAN IS SUBMITTED.

    According to Richard Settle, an attorney specializing in environmental and land use law with foster pepper PLLC, “NO NET LOSS” IS A NEW AND AMBIGUOUS CONCEPT FOR WASHINGTON.

    —————————————————————————————————————————

    WHO IS ATTORNEY RICHARD SETTLE ? (I have added this information)

    – See more at: http://www.foster.com/profile.aspx?id=97#sthash.Vh8jPovg.dpuf

    Richard L. Settle

    According to Richard Settle, an attorney specializing in environmental and land use law with foster pepper PLLC, “NO NET LOSS” IS A NEW AND AMBIGUOUS CONCEPT FOR WASHINGTON.

    While the DOE requires NO NET LOSS of existing ecological functions, Settle said that implies a tradeoff of development and restoration. He said there’s also an assumption that restoration doesn’t have to be immediate, and could take as long as 20 years depending on the development.

    He added there’s also confusion as to how far back in time restoration is supposed to match up with shoreline conditions.

    —————————————————————————————

    Dick has more than 40 years of experience assisting clients with matters related to land use, the environment, and municipal law. His experience includes the representation of landowners, developers, municipalities, and citizen groups in virtually all areas of state and local land use regulation before state and local agencies and trial and appellate courts.

    Dick was also recently singled out by the highly-regarded Chambers USA legal directory, which annually interviews firm clients. In addition to a top-ranking of Foster Pepper’s Land Use group, Chambers described Dick as “the leading scholar in land use” and noted for his “vast experience in land use laws and regulations.”

    – See more at: http://www.foster.com/profile.aspx?id=97#sthash.Vh8jPovg.dpuf

    —————————————————————————————————————–

    The purpose of the August 4, 2014 PUBLIC  HEARING is to provide an opportunity to make written and oral comments regarding Council-requested variations that are being considered to the Planning Commission’s draft Shoreline Master Program.

    The Planning Commission SMP Update recommendation was the subject of a prior public hearing that was held on May 5, 2014.

    During the July 14, 2014  Study Session, staff presented additional information requested by the Council during the course of its in-depth review. This additional information was Council to identify variations to the  Planning Commission Recommendation that they wished to be considered during the second Public Hearing, and prior to development of the Final SMP Update package for submittal to the Department of Ecology. Variations requested by the Council for consideration by the public are described below.

    1.Public Access

    The Council-requested variation to the Planning Commission

    recommendation would require public access (either physical or visual) to be provided as a component of new or expanded private recreation uses (such as yacht clubs, marinas and community clubs). This variation would build on the Planning Commission recommended requirement to provide public access to public uses (including parks, and transportation and utility infrastructure). A description of the Public Access variation under consideration by the City Council is included in

    Attachment A.

    2.Park Development.

    The Council- requested variation to the Planning Commission

    recommendation would permit all beach parks to be developed through an administrative permit approval process when a Master Plan had been previously adopted by the City Council.

    Under this variation, Meydenbauer Bay Park would be

    permitted in the same manner as other parks with Master Plans. A

    description of the Park Development variation under consideration by the City Council is presented in

    Attachment B.

    3.Determination of Ordinary High Water Mark.

    The Council-requested variation to the Planning Commission recommendation would allow for the measurement of setbacks from a fixed elevation as a default, with the ability for applicants to obtain a site-specific determination if desired.

    The fixed elevation would be

    3 based on a lake study such as the one conducted for Lake Sammamish in 2004. This variation would also include  clarification that the fixed elevations would not be used for the purpose of establishing shoreline jurisdiction or determining the location of ordinary high water mark (OHWM) for the purpose of properly locating a new dock or bulkhead. A description of the variation under consideration by the City Council for Determination of OHWM is presented in.

    Attachment C.

    4.Setbacksand Vegetation Conservation. The Council-requested variation to the Planning Commission setback recommendation would include a 50-foot  structure setback with the flexibility to reduce the setback and move toward the water through a series of menu options(or incentives). Existing structures on the site receive the benefit of a footprint exception to legally retain setbacks established by existing residential structures. A string test, allowing for setbacks to be reduced based on the location of structures on abutting properties, would also be included. Mitigation for potential loss of vegetation and vegetation retention would also be required. A description of the Setback and Vegetation Conservation variation under consideration by the City Council is presented in Attachment D.

    5.Residential Moorage.

    The Council-requested variation to the Planning Commission residential moorage recommendation would increase the allowed moorage walkway width from four feet to five feet in the first 30 feet waterward of OHWM. Variations to the balance of the Planning Commission recommendation on this topic were not considered.

     City Council

    The City Council has held study sessions to consider the Planning Commission’s draft Shoreline Master Program. Refer to the links below for council agenda materials and minutes on the topic.

    Planning Commission

    Residents and other stakeholders had multiple opportunities to provide feedback on the shoreline management update through Bellevue’s Planning Commission, residents who served as an advisory panel for the City Council.  The Planning Commission reviewed work products, provided input and guidance related to the development of goals, policies and regulations, and served as a preliminary approval board. Agendas for Planning Commission meetings in which the shoreline management update was addressed are available below.

    Response to Questions by the Washington Sensible Shoreline Alliance

    Responses to questions & requests collected between May & December of 2009

    ——————————————————————————-

    In 2003 the state revised its shoreline management guidelines to emphasize ecologically appropriate development and to reinforce the other goals of the act. by 2010.

    As a consequence, Bellevue has to update its shoreline regulations by 2010.

    Bellevue has been Updating their  SMP plan since March 12, 2008

    Aug 23, 2008  Boat tour to focus on shoreline issues The boat will sail promptly from Newport Shores Yacht Club (81 Skagit Key) at 1 p.m. on

    Saturday, Sept. 20, 2008,  with boarding beginning at 12:30. Members of the Bellevue City Council, city boards and commissions and staff from permitting agencies and local Indian tribes are also expected to attend.

    The three-hour tour is open to the public, but space is limited. (To inquire about the tour or to RSVP, please call 425-452-4392 or e-mail sltaylor@bellevuewa.gov.)

    —————————————————————————————

    Jul 20, 2013

    BELLEVUE SHORELINE PLAN ADVANCES

    Jul 20, 2013  The Bellevue City Council agreed on a two-prong strategy for updating the city’s Shoreline Master Program, and, ultimately, forwarding the plan to the state Department of Ecology for final review and approval.

    The shoreline plan is required by state law and provides a regulatory framework for managing shorelines in Washington. Local plans must be consistent with Ecology guidelines.

    THE BELLEVUE PLANNING COMMISSION HAS BEEN WORKING ON SHORELINE ISSUES FOR MORE THAN FIVE YEARS.

    In May, the commission recommended that the council consider several components of the plan update that had been completed and posted online for review.

    ECOLOGY CONDUCTED AN INFORMAL REVIEW AND SENT A LETTER TO THE CITY CONTAINING COMMENTS ON THE COMMISSION’S RECOMMENDATIONS.

    On Monday, the council directed city staff to work with Ecology on the content of the commission’s recommendations and possibly narrow the range of issues that need to be resolved. COUNCIL MEMBERS ALSO DIRECTED STAFF TO BEGIN WORK TO FINALIZE THE REMAINING ELEMENTS OF THE SHORELINE PLAN UPDATE PRIOR TO FORMALLY SUBMITTING IT TO ECOLOGY. The council plans to review and discuss the plan update during a study session later this year.

    —————————————————————————————————-

    Mar 13, 2014

    COUNCIL TO DIGEST SHORELINE PLAN

    Mar 13, 2014 Bellevue city council members emphasized the importance of a strong public process Monday as they move through a series of presentations on the planning commission’s update to shoreline management regulations over the next four months.

    WITH THE PLANNING COMMISSION UNANIMOUSLY SUPPORTING ITS UPDATED REGULATIONS AND RESTORATION PLAN,

    The council now will be briefed on the contents of the SMP over the next four months,

    with a review of recommended policies for shoreline overlay set for April 14, 2014

    ——————————————————————————————–

    Apr 30, 2014

    Council has more questions about shoreline plan

    —————————————————————————————

    Apr 30, 2014 BELLEVUE COUNCIL MEMBERS HAD MORE QUESTIONS THAN ANSWERS BY THE END OF MONDAY’S THIRD ROUND OF INFORMATIONAL SESSIONS PROVIDED BY STAFF ABOUT THE PROGRESS OF CREATING A SHORELINE MASTER PLAN THE CITY HOPES WILL PASS STATE MUSTER.

    The City Council was updated Monday on the cumulative impact analysis and HOW BELLEVUE’S PLAN WILL ATTEMPT TO SATISFY A REQUIREMENT THAT NO NET LOSS OF ECOLOGICAL FUNCTIONS occur during future development and redevelopment along the city’s jurisdictional shorelines. THIS CAME AHEAD OF A MAY 5 PUBLIC HEARING for the city’s shoreline master plan, which will eventually go to the Washington Department of Ecology for final approval.

    Sarah Sandstrom, fisheries biologist for the Watershed Company, told council members “NO NET LOSS” goes further than just ecological functions of a shoreline, and includes also preserving shoreline views for residents and assessing the amount of reasonable development that could occur in the next 20 years along Lake Washington and Lake Sammamish.

    With a majority of Bellevue’s shorelines already developed, Sandstrom said residential redevelopment will likely be the most common occurrence and some new single-family development.

    The plan involves taking a qualitative look at the issue of NET LOSS, she said, as it’s hard to quantify restoration when a dock, for example, requires a certain amount of native vegetation to offset its impact as part of an “ECOLOGICAL TRADEOFF.”

    “Shoreline residential development falls under an exemption,” said Sandstrom of the no net loss requirement. “So, individual demonstration of no net loss is not required for shoreline residential development or for most permits that are issued as shoreline substantial development permits.”

    That does not mean the city will not need to ensure there is no net loss of ecological function, she told council, but that it will not need to be proven independently by the permit applicant. The project would be checked against current regulations that should result in no net loss.

    Bulkheads — vertical concrete barriers along shorelines — will not be allowed to be replaced under the shoreline plan, which instead favors a rocky slope. Bulkheads, said Sandstrom, negatively affects wave reflection. Bulkheads would need to be determined the only feasible option to be used.

    Sandstrom said another concern is that the plan proposes residential setbacks of 25 feet, which is less than the existing median setback of 50 feet for Lake Sammamish and Lake Washington.

    “The potential for houses moving closer to the shoreline has potential impacts in terms of water quality, moving pollutant generating surfaces closer to the shoreline,” she said.

    Should redevelopment of properties occur using a 25-foot setback, Sandstrom said there is also the potential of obstructing the views from other properties than are 50 feet from the shoreline.

    One option proposed to prevent this is a common line or streamline setback, which would require a new or redeveloped property to use the average setback of the two properties adjacent to it.

    Whether all of the effort being put into the plan will satisfy how the DOE defines “NO NET LOSS” may only be known once the shoreline master plan is submitted. According to Richard Settle, an attorney specializing in environmental and land use law with foster pepper PLLC, “NO NET LOSS” IS A NEW AND AMBIGUOUS CONCEPT FOR WASHINGTON.

    ——————————————————————————-

    (I have added this information)

    – See more at: http://www.foster.com/profile.aspx?id=97#sthash.Vh8jPovg.dpuf

    Richard L. Settle

    According to Richard Settle, an attorney specializing in environmental and land use law with foster pepper PLLC, “NO NET LOSS” IS A NEW AND AMBIGUOUS CONCEPT FOR WASHINGTON.

    —————————————————————————————

    Dick has more than 40 years of experience assisting clients with matters related to land use, the environment, and municipal law. His experience includes the representation of landowners, developers, municipalities, and citizen groups in virtually all areas of state and local land use regulation before state and local agencies and trial and appellate courts.

    Dick was also recently singled out by the highly-regarded Chambers USA legal directory, which annually interviews firm clients. In addition to a top-ranking of Foster Pepper’s Land Use group, Chambers described Dick as “the leading scholar in land use” and noted for his “vast experience in land use laws and regulations.”

    – See more at: http://www.foster.com/profile.aspx?id=97#sthash.Vh8jPovg.dpuf

    ————————————————————————————————–

     

    While the DOE requires NO NET LOSS of existing ecological functions, Settle said that implies a tradeoff of development and restoration. He said there’s also an assumption that restoration doesn’t have to be immediate, and could take as long as 20 years depending on the development.

    He added there’s also confusion as to how far back in time restoration is supposed to match up with shoreline conditions.

    “It’s definitely not pre-European discovery,” he said.

    Councilmember Kevin Wallace expressed his irritation that the council has been briefed three times on shoreline master plan development, however, confusion about meeting DOE standards remains. He added there also needs to be more done to address private property rights in the plan.

    “That is not helpful in deciding how to regulate someone’s private property, whether there is a net loss of ecological functions,” he said. “So, I just want to lodge my personal frustration. I’m just stunned that every jurisdiction in the state has to go through this and do this and in 2014 the state of the law on this is so unclear. … What we’re basically looking at is someone’s opinion,” he said.

    ————————————————————————————————-

    Jul 16, 2014

    Shoreline plan set for August public hearing

    Jul 16, 2014 at 3:10PM Bellevue Mayor Claudia Balducci made it clear to City Council on Monday they had precious little time left to approve options for a draft shoreline management plan AHEAD OF AN AUGUST PUBLIC HEARING.

    COUNCIL MEMBERS PASSED IT BACK TO STAFF, CONFIDENT PUBLIC OPINION WILL CHANGE IT AGAIN.

    Public access

    The council passed forward direction to have the SMP expand public access to commercial shoreline properties that expand more than 20 percent, such as marinas and yacht clubs.

    LAND USE DIRECTOR CAROL HELLAND TOLD COUNCIL MEMBERS — CAUTIOUS OF VIOLATING PRIVATE PROPERTY RIGHTS — access can be limited if security risks are present, and may also only apply to visual access in some cases.

    Siding with yacht clubs and marinas, Councilmember Jennifer Robertson pointed out they do offer public access — as long as people pay for it.

    Park development options

    Council members have heard public comment asking them to side with the city’s planning commission’s recommendation that Meydenbauer Beach Park — slated to be Bellevue’s most expensive park redeveloped at more than $40 million — REQUIRE a conditional use permit ahead of construction. The Meydenbauer Bay Neighborhood Association argues it would require a public hearing and allow residents to be more involved in its development.

    The City Council decided since a master plan exists for Meydenbauer Bay Park, future construction would be dealt with through administrative permitting and does not require a CUP.

    High water mark

    Robertson told council members they were making the wrong decision when they voted to set the high-water mark at a static elevation using the Bellevue Lake Study, which sets it at 31.8 feet, but allows for individualized assessment.

    She said she spoke to a scientist who told her the study was flawed, using two standard deviations.

    Councilmember John Chelminiak said the state Department of Ecology will make the ultimate decision on the SMP, and the council can choose differently, BUT THE PLAN MAY NOT BE ACCEPTED.

    “It is the latest study that has been done, and it is consistent, at least with what Sammamish set,” Chelminiak said.”I’m ready to vote,”

    ROBERTSON SAID. “I’M GOING TO BE AN EMPHATIC ‘NO’ “

    Setbacks, buffers and vegetation conservation

    Council members passed through an option to allow flexible setbacks of 50 feet, which property owners can buy down to 25 feet if they follow a string test and provide adequate vegetation conservation using set menu options.

    Balducci said the planning commission recommendation for 50-foot setbacks with greenscape options would result in net loss of native vegetation, and that replacing it with lawns is not what SMP regulations should encourage.

    Robertson said the commission’s option should be considered, but require greenscape only be allowed for two-thirds of the area required for vegetative conservation. She said string tests and menu options requiring unsightly native vegetation goes too far.

    Council members agreed to move forward with the 50-foot setbacks, string test and menu options, WITH THE UNDERSTANDING PUBLIC COMMENT WILL MODIFY THOSE OPTIONS to lessen vegetation requirements and allow greenscape where appropriate.

    “I would agree, this goes overboard,” Chelminiak said.

    A draft of the SMP will be developed by city staff ahead of an Aug. 4 public hearing, after which the council WILL DIRECT STAFF AGAIN on Sept. 8, 2014 on what regulations should be submitted to the DOE for review.

    BRANDON MACZ,  Bellevue Reporter Staff Writer

     Mar 13, 2014 Bellevue city council members emphasized the importance of a strong public process Monday

    as they move through a series of presentations on the planning commission’s update to shoreline management regulations over the next four months.

     Mar 13, 2014  WITH THE PLANNING COMMISSION UNANIMOUSLY SUPPORTING ITS UPDATED REGULATIONS AND RESTORATION PLAN,

    The council now will be briefed on the contents of the SMP over the next four months,

    with a review of recommended policies for shoreline overlay set for April 14, 2014

    and review of the cumulative impact analysis and light rail component on April 28 2014 .

    —————————————————————————————

    April 30, 2014 Updating the SMP plan — mainly unchanged since 1974 — also has been an

    AN AREA OF FOCUS BY THE BELLEVUE PLANNING COMMISSION

    FOR MORE THAN FIVE YEARS,

     a process that was slated for completion in 2010

    April 30, 2014 Monday’s City Council study session laid out the progress of the planning commission,

     including fixes to a number of COMPLIANCY ISSUES within the SMP’s May 2013 draft FOLLOWING AN UNSOLICITED REVIEW BY the (DOE) Washington Department of Ecology, which has final say on approving the program.

    THE BOTTOM LINE AFTER SIX YEARS OF SMP UPDATE FRUSTRATION

    WHETHER ALL OF THE EFFORT BEING PUT INTO THE PLAN WILL SATISFY HOW THE DOE DEFINES “NO NET LOSS” MAY ONLY BE KNOWN ONCE THE SHORELINE MASTER PLAN IS SUBMITTED.

    The Clallam County SMP Update will have a significantly LARGER NEGATIVE impact on the economic development of  private property on the shorelines statewide significance rivers, lakes and streams IN OUR UNDEVELOPED COUNTY.

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    This entry was posted in A Man-made Disaster, Bang for their buck? Restoration, Clallam County SMP, Controlled by Non-Profits?, Demand Accountability, Diverting Our Tax Dollars, DUE PROCESS OF LAW, Economic Impact, Elected Officials, EPA UNFUNDED MANDATES, FACTS are troublesome things, Follow the Money, For The Record, If It’s not broken? Why PAY to fix it?, Legislated Economic Oppression, Man-Made Disasters, Open Public Meeting Act (OPMA), POLITICAL MANIPULATION, Politically Ignored, Politically Motivated, Private Property Rights, Public Access to Public land, Public Comments, Public Meetings, Public Servants, Rubber Stamped, Shoreline Management Plan, Taken by the “GRANTED”, The Ignorant Disruptive Public?, The Ignorant Uninformed Act?, The Money’s All Gone?, The We’s who WANT, WA State Dept. of Ecology