+menu-


  • Category Archives DUE PROCESS OF LAW
  • More DOE Fees Increased By Rule

    ——————————————————————–

    ——————————

    —– Original Message —–

    From:Ballard, Laura (ECY)

    To:ECOLOGY-WAC-TRACK@LISTSERV.WA.GOV

    Sent: Tuesday, July 25, 2017 6:43 AM

    Subject: The following rulemaking adoption was filed with the Office for Chapter 173-224 WAC, Water Quality Permit Fees

    The following rulemaking adoption was filed with the Office of the Code Reviser:

    July 20, 2017

    Chapter 173-224 WAC, Water Quality Permit Fees (previously called Wastewater Discharge Permit Fees) For more information:

    http://www.ecy.wa.gov/programs/wq/ruledev/wac173224/1611ov.html

    To join or leave ECOLOGY-WAC-TRACK click here:

    http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

    Thank you for using WACTrack.

    Have a good day!

    —————————————————————

    RCW 90.48.465 – Water Pollution Control requires that Ecology establish, by rule, annual fees that fund the wastewater and stormwater permit programs.

    Ecology amended Chapter 173-224 WAC – Wastewater Discharge Permit Fees. This amendment allows permit fees to be increased for Fiscal Year 2018 (July 2017 – June 30, 2018) and Fiscal Year 2019 (July 2018 – June 2019) so that we can recover the cost of administering the wastewater and stormwater programs this biennium.

    Scope of rule development

    State law (RCW 80.48.465 – Water Pollution Control) requires Ecology to fund its wastewater and stormwater permit programs through annual fees paid by permit holders.

    The proposed changes sought to continue moving the program toward payment equity between permit categories. Ecology adopted a larger percentage fee increase for underpaying categories and a smaller percentage fee increase for overpaying categories.

    Ecology’s goals in establishing the percentage splits are to honor the need for fund equity while not over-burdening the under-paying categories with an increase that is not sustainable.

    We updated rule language to account for changes in current business practices relating to electronic payment options, collection processes, and data collection. We also removed the winery general permit fee category for the 2017-19 biennium, as this new permit will not be effective until July 1, 2019.

    The adopted percentages increases by category are:

    Underpaying Fee Categories
    SFY 2018
    (July 1, 2017 – June 30, 2018)
    6.37%
    • Aluminum Alloys
    • Aluminum and Magnesium Reduction Mills
    • Aluminum Forming
    • Aggregate Production – Individual and General Permits
    • Aquatic Pest Control
    • Boatyards (Individual and General Permits)
    • Coal Mining and Preparation
    • Concentrated Animal Feeding Operations
    • Dairies
    • Iron and Steel
    • Metal Finishing
    • Nonferrous Metals Forming
    • Ore Mining
    • Private and State Owned Facilities
    • Shipyards
    • Stormwater Construction (Individual and General Permits)
    • Stormwater Industrial (Individual and General Permits)
    • Stormwater Municipal Phase 1 and 2 Permits
    SFY 2019
    (July 1, 2018 – June 30, 2019)
    5.58%
    Overpaying Fee Categories
    SFY 2018
    (July 1, 2017 – June 30, 2018)
    5.50%
    • Aquaculture
    • Combined Industrial Waste Treatment
    • Combined Food Processing Waste Treatment
    • Combined Sewer Overflow System
    • Commercial Laundry
    • Crop Preparing (Individual and General Permits Facilities
    • Not Otherwise Classified (Individual and General Permits)
    • Flavor Extraction
    • Food Processing
    • Fuel and Chemical Storage
    • Hazardous Waste Cleanup Sites
    • Ink Formulation and Printing
    • Inorganic Chemicals Manufacturing Noncontact Cooling Water With Additives (Individual and General Permits)
    • Noncontact Cooling Water Without Additives (Individual and General Permits)
    • Municipal Wastewater – >250,000 Residential Equivalents
    • Organic Chemical Manufacturing
    • Petroleum Refining
    • Photofinishers
    • Power and/or Steam Plants
    • Radioactive Effluents and Discharges
    • RCRA Corrective Action Sites
    • Seafood Processing
    • Solid Waste Sites
    • Textile Mills
    • Timber Products
    • Vegetable/Bulb Washing Facilities
    • Vehicle Maintenance and Freight Transfer
    • Water Plants (Individual and General Permits)
    SFY19
    (July 1, 2018 – June 30, 2019
    4.50%

    More information on the fees is available for Fiscal Years 2018 and 2019.

    INDEED, THE DOE DID…..  update their rules language to account for changes in current business practices relating to electronic payment options, collection processes, and data collection.

    ———————————————————————-

    More information on DOE  fees is available……

    WHERE THE GOVERNMENT DOES MOST OF MY BUSINESS!

    Behind My Back | Drowning in Stormwater Runoff Tax?

    www.behindmyback.org/2014/03/16/drowning-in-stormwater-runoff-tax/

    Mar 16, 2014WHO IS Drowning in WA STATE Stormwater Runoff Tax? …. http://daily.sightline.org/2013/05/09/the-skinny-on-was-new-stormwater-permits-1/.

    THE Regional Stormwater Monitoring Program (RSMP)

    Participants in The Phase I and II permit will help fund the monitoring and data analysis  (KING COUNTY, FOR EXAMPLE, MUST PAY $15,000 FOR THE FIRST YEAR AND $74,540 FOR SUBSEQUENT YEARS TO PARTICIPATE.)

    The updated rules are contained in the state’s new Municipal Stormwater permits which are administered by the Washington Department of Ecology.

    ECOLOGY IS DESIGNATED BY THE ENVIRONMENTAL PROTECTION AGENCY TO UPHOLD THE FEDERAL CLEAN WATER ACT

    Phase I Washington Municipal Stormwater Permit

    (COERCED) Participants in THE PHASE I permit will help fund the monitoring and data analysis. (KING COUNTY, FOR EXAMPLE, MUST PAY $15,000 FOR THE FIRST YEAR AND $74,540 FOR SUBSEQUENT YEARS TO PARTICIPATE. in The Regional Stormwater Monitoring Program (RSMP)

    Phase II Western Washington Municipal Stormwater Permit

    The Phase II permit for western Washington covers at least 80 cities and portions of five counties with an effective date of September 1, 2012. The updated 2013-2018 permit became effective on August 1, 2013.

    The new PHASE II MUNICIPAL STORMWATER PERMIT, which covers the next most populated areas and affects nearly 100 cities around the state.

    (COERCED) Participants in THE PHASE II permit will help fund the monitoring and data analysis.

    ECOLOGY IS DESIGNATED BY THE ENVIRONMENTAL PROTECTION AGENCY TO UPHOLD THE FEDERAL CLEAN WATER ACT


  • June 20, 2017 Clallam County SMP Update

    My public comment

    Vested Clallam County Citizens have been fearful of how the SMP Update will affect their private property use since Jan 26, 2011.

    INDEED, THIS IS NOT ABOUT PROTECTING SHORE LANDS, WETLANDS, ANIMALS OR RIVERS. THIS IS ABOUT CONTROLLING PEOPLE AND THEIR PRIVATE PROPERTY.  I WISH PEOPLE WOULD WAKE UP TO WHAT IS TAKING PLACE IN THIS COUNTRY, STATE AND COUNTY  WITH REGARDS TO CENTRAL GOVERNMENT CONTROLLING LAND AND IMPOSING HEAVY REGULATIONS ON ALL PRIVATE PROPERTY.

    I received a phone call from a concerned (fearful) Clallam County citizen last night.

    “Pearl, have you read the new SMP Update Draft? Do you know how Steve Grey and (ESA Consultant) Margaret Clancy have changed it? Do you know what’s in it?”

    We talked for over an hour. My understanding of the most outrageous concerns.

    There shall be 200 foot setbacks based on a concocted 100 year plan?  Clallam County SMP Update Requirements prior to any permitted use of private shoreline property shall include, but not limited to,  up to $20,000.00 in …….

    Geotechnical Engineering

    www.whatisgeotech.org/

    IT INCLUDES, WITHOUT BEING LIMITED TO, the analysis, design and construction of foundations, slopes, retaining structures, embankments, roadways, tunnels, levees, wharves, landfills and other systems that are made of or are supported by soil or rock. Geotechnical Societies by Country.

    ———————————————————-

    The concerned citizen said, Pearl, what are you going to do about this? You have private shoreline property that will be seriously affected.

    IN CLALLAM COUNTY WA, THERE ARE 3300 VESTED SHORELINE PRIVATE PROPERTY  OWNERS THAT SHALL BE SERIOUSLY AFFECTED BY THE OUTRAGEOUS RESTRICTIONS IMPOSED BY SMP UPDATE, I AM JUST ONE OF THEM.

    THE REAL QUESTION IS WHAT ARE OUR ELECTED REPRESENTATIVES GOING TO DO ABOUT IT?

    THEY HAVE VOTERS, INCLUDING, BUT NOT LIMITED TO THOSE AFFECTED BY THE SMP UPDATE, THAT FEEL VIOLATED BY THE RESTRICTED USE OF THEIR PRIVATE PROPERTY IN CLALLAM COUNTY.

    ———————————————————————–

    INDEED, BUT EVEN MORE TO THE POINT, what business does the government have telling a man whether or not he can plow or not on his own land?  This is not about wetlands and animals or rivers.  This is about controlling people and their property.  I wish people would wake up to what is taking place in this country with regards to central government controlling land and imposing heavy regulations on private property.

    —————————————————————

    Farmer Faces $2.8 Million Fine for… Plowing His Field! – Freedom …

    freedomoutpost.com/farmer-faces-2-8-million-fine-for-plowing-his-field/

    May 26, 2017 – A California farmer is facing $2.8 million in fines for plowing his field and planting wheat without a permit. John Duarte of Duarte Nursery is …

    Tim BrownMay 26, 2017

    A California farmer is facing $2.8 million in fines for plowing his field and planting wheat without a permit.

    John Duarte of Duarte Nursery is David going up against Goliath, just like ranchers, farmers and natural health product makers.  His case could set a dangerous precedent that would require farmers to obtain expensive and time-consuming permits from the US Army of Corps Engineers before planting crops.

    “The case is the first time that we’re aware of that says you need to get a (U.S. Army Corps of Engineers) permit to plow to grow crops,” said Anthony Francois, a lawyer for the Pacific Legal Foundation. “We’re not going to produce much food under those kinds of regulations.”

    However, U.S. District Judge Kimberly J. Mueller sided with the Army Corps last June, in which the US Attorney’s Office is asking for $2.8 million in civil penalties.

    Why?  Who was harmed?  What real and actual crime took place?

    USA Today has the background of the story that began in 2012 when Mr. Duarte planted wheat on land that he bought with his own money, some 450 acres.

    Because the property has numerous swales and wetlands, Duarte hired a consulting firm to map out areas on the property that were not to be plowed because they were part of the drainage for Coyote and Oat creeks and were considered “waters of the United States.”

    Francois conceded that some of the wetlands were plowed but not significantly damaged. He said the ground was plowed to a depth of 4 to 7 inches.

    The Army Corps did not claim Duarte violated the Endangered Species Act by destroying fairy shrimp or their habitat, Francois said.

    This particular freshwater species is unique to California and southern Oregon and has been classified as a threatened species since 1994 because much of its wetlands in California’s Central Valley were converted to cropland or became urban.

    Duarte’s wheat was planted but not harvested because in February 2013 the Army Corps of Engineers and the California Central Valley Regional Water Quality Control Board issued orders to stop work at the site. The agencies claimed Duarte had violated the Clean Water Act by not obtaining a permit to discharge dredged or fill material into seasonal wetlands considered waters of the United States.

    Duarte sued the Army Corps and the state, alleging they violated his constitutional right of due process by issuing the cease and desist orders without a hearing. The U.S. Attorney’s Office counter-sued Duarte Nursery tto enforce the Clean Water Act violation.

    Farmers plowing their fields are specifically exempt from the Clean Water Act rules forbidding discharging material into U.S. waters, Francois said.

    The government claims that Duarte did not plow but rather used a ripper, which dug 10 inches into the soil and they allege that it disturbed portions of the property that included wetland areas.

    “Even under the farming exemption, a discharge of dredged or fill material incidental to the farming activities that impairs the flow of the waters of the United States still requires a permit because it changes the chemical, physical and biological integrity of the waters,” the U.S. attorney said in court filings.

    Francois claims the penalties are unfair because his client believed the plowing exemption allowed him to till the soil.

    “A plain reading of the rules says you don’t need a permit to do what he did,” Francois said. “How do you impose a multimillion penalty on someone for thinking the law says what it says?”

    Indeed, but even more to the point, what business does the government have telling a man whether or not he can plow or not on his own land?  This is not about wetlands and animals or rivers.  This is about controlling people and their property.  I wish people would wake up to what is taking place in this country with regards to central government controlling land and imposing heavy regulations on private property.

    ——————

    The bottom line…

    WHAT AM I GOING TO DO ABOUT IT?

    Just saying, To Local Elected Representatives..

    Changes are taking place in WA DC.

    Don’t lock yourself up by imposing restricted use on Private Property that you can’t defend and uphold in a court of law.


  • 2012 SMP Issues Left on the Table

    June 9, 2017  My Updated Public Comment  CLALLAM COUNTY WA SMP

    Subject: SMP PUBLIC COMMENT JULY 14, 2012  ON THE SMP Advisory Committee

    THE PREVIOUS CONDUCT OF THE PARTIES

    July 10, 2012 the 19 SMP Issues left on the table by the Clallam County SMP (citizens?) Advisory Committee.

    Two thirds or more of the SMP (citizens?) Advisory Committee VOTED TO WALK  AWAY FROM THE TABLE,

    LEAVING 19 OR MORE PROPOSED SMP DRAFT ISSUES RELATED TO THE DOE SMP TAKING OF PRIVATE PROPERTY WITHOUT ARGUMENT, SUGGESTIONS OR COMMENT?

    INDEED, THE INTENT OF A PARTY CAN BE DETERMINED BY EXAMINING THE UNDERSTANDING OF A REASONABLE PERSON, AFTER CONSIDERATION IS GIVEN TO ALL RELEVANT CIRCUMSTANCES OF THE CASE INCLUDING THE NEGOTIATIONS, ANY PRACTICES THE PARTIES HAVE ESTABLISHED BETWEEN THEMSELVES, USAGES AND ANY SUBSEQUENT CONDUCT OF THE PARTIES.

    ———————————————————–

    The 19 SMP Update unresolved issues left on the table, At the July 10, 2012 SMP Committee Advisory meeting, Against my suggestion that we needed an additional August meeting to complete our duty to the citizens and private property owners, as SMP advisors, prior to the final SMP draft proposal being written.

    If any of you read this complete July 14, 2012 comment? You understand fully, why I am critical of the two thirds majority of the Advisory Committee members that failed to complete their responsibility to the citizens and private property owners of Clallam County, prior to the 2017 final SMP Draft Proposal, being given to the Clallam County Planning Commission.

    July 10, 2012 The last remark Steve Gray made to me, nearly five years ago was “I just want to get this over with.” 

    ————————————————————

    SUBSEQUENT CONDUCT OF THE PARTIES.

    SMP Cumulative Impact on People

    Posted on November 18, 2014 10:35 am by Pearl Rains Hewett

    This is my Clallam County SMP Public comment and objection

    Pearl Rains Hewett

    ———————————————————-

    SUBSEQUENT CONDUCT OF THE PARTIES.

    Clallam County Shoreline Master Program (SMP) – New Revised SMP Draft (June 2017)

    —– Original Message —–

    From: zSMP
    Sent: Friday, June 02, 2017 4:39 PM
    Subject: FW: Clallam County Shoreline Master Program (SMP) – New Revised SMP Draft (June 2017)

    Interested Parties,

    You are receiving this email because you are on the Clallam County Shoreline Master Program (SMP) Update email notification list.  The County Department of Community Development (DCD) has just released a Revised SMP Draft (June 2017). 

    An “INTERESTED PARTY SINCE JAN 26, 2011?” concerned, vested, voting, Clallam County private shoreline property owner and member of SMP Update (citizens) Advisory Committee.

    —– Original Message —–

    Saturday, July 14, 2012 3:13 PM

    THE REST OF THE STORY…….

    THE PREVIOUS CONDUCT OF THE PARTIES.

    From: pearl hewett

    to  zSMP

    Cc: several

    Sent: Saturday, July 14, 2012 3:13 PM

    Subject: SMP COMMENT #292 ON THE SMP Advisory Committee

    This is my full comment on the SMP Advisory Committee

    Pearl Rains Hewett Trustee

    George C. Rains Estate

    Concerned Member SMP Advisory Committee

    At the July 10, 2012 SMP Committee Advisory meeting

    Two thirds or more of the SMP Advisory Committee

    VOTED TO WALK  AWAY FROM THE TABLE,

    against my suggestion that we needed an additional August meeting to complete our duty to the citizens and private property owners, as SMP advisors, prior to the final SMP draft proposal being written.

    The SMP Advisory Committee that  represent the 3300 Clallam County shoreline private property owners is approximately as follows.

    1/3 = 10 private interest groups

    1/3 = 10 paid government employees

    1/3 = 10 SMP Affected taxpaying private property owners (only 8 at this meeting)

    DOES THE MAKEUP OF THIS COMMITTEE EXPLAINS WHY?

    THEY VOTED TO WALK  AWAY FROM THE TABLE

    LEAVING 19 OR MORE PROPOSED SMP DRAFT ISSUES RELATED TO THE DOE SMP TAKING OF PRIVATE PROPERTY without argument, suggestions or comment?

    (1) DISCUSSED AND QUESTIONED? The undecipherable table with the percentages, the 15% of whatever? It made no sense to me either? One vested citizen, could help with  his knowledge of what he thought it actually was/represented? It would be very helpful to members of the committee.

    The written text related to the undecipherable table below

    1. Minor new development Grading shall not exceed 500 cubic yards; and ii. Land disturbing activities shall not exceed 20,000 square feet, except that on parcels less than five (5) acres, land disturbing activities must not exceed fifteen (15) percent of the gross parcel size; and iii. The total cumulative footprint of all structures on a parcel must be less than 4,000 square feet; and iv. The total cumulative impervious surface area on the parcel must be less than ten (10) . All land disturbing activities must be located on slopes less than fifteen (15) percent; and vi. All land disturbing activities must comply with any critical area buffer and other protection standards established for parcels created by land division.

    ————————————————————————

    (2) DISCUSSED AND QUESTIONED? NOT ADDRESSED

    The limited number of trained specialists,  Engineer’s  comment was in reference to the county SMP  requiring specialists, to perform the mitigation tests. If a property owner could even find one to do the testing? The time delay and cost would be prohibitive.

    ——————————————————————-

    (3) PRESENTED NOT DISCUSSED

    SMP Excessive restrictions on all forms of developments. I am extremely concerned about the additional restrictive requirements written into the SMP update for major development. They are counter- productive to the economic recovery of Clallam County, they restrict the ability of business and citizens to create employment opportunities in both Clallam County and Port Angeles. Why are the Dept. of Community Development and the planning biting off their own feet? Why are they creating these obsessive restrictions on all developments?

    The way Steve was talking it, with all the added bells and whistles, it was to make any form of mitigation for anything totally infeasible, creating a like it or lump it, situation for all development by business or private shoreline property owners.

    ———————————————————————

    (4) PRESENTED- DISCUSSED but NOT ADDRESSED

    The cumulative effect of setbacks SHORELINE, WETLAND and HABITAT   one citizen did a good job when he pointed out an example of the enormous  loss of private property use with the setbacks on Lake Pleasant, in conjunction with the yet undetermined, Clallam County DOE designated WETLANDS.

    ———————————————————————–

     (5) PRESENTED NOT ADDRESSED

    More additional HABITAT setbacks

    IT WAS IMPRESSIVE HOW SMOOTHLY MARGARET AND STEVE JUST ADDED ON THE ADDITIONAL HABITAT SETBACKS, BUT DID NOT MENTION ENDANGERED SPECIES.

    1. Rare, endangered, threatened and sensitive species means plant and animal species identified and listed by the Washington State Department of Natural Resources, Washington Natural Heritage Program, Washington State Department of Fish and Wildlife, or the U.S. Fish and Wildlife Service, as being severely limited or threatened with extinction within their native ranges.
    2. Threatened species means a species that is likely to become an endangered species within the foreseeable future, as classified by the Washington Department of Fish and Wildlife, the Department of Natural Resources, Washington Natural Heritage Program, or the federal Endangered Species Act.

    ————————————————————————-

     

    (6)  COMMENT NOT ADDRESSED

    1. Recording means the filing of a document(s) for recordation with the County auditor.

    ————————————————————————————

    (7) NO DISCUSSION OR RESOLUTION (not required by law)

    1. Restoration means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of fill, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.

    ————————————————————————————

    (8) DOE DESIGNATED WETLANDS NOT IDENTIFIED OR INCORPORATED

    Wetlands have no boundaries, adjoining wetlands could restrict the use of your property.

    1. Wetlands means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created for non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands created as mitigation and wetland modified for approved land use activities shall be considered as regulated wetlands.

    PROHIBITED EXCEPTION DISCUSSED AND RESOLVED BY RCW

    Provisions for protection SHALL be included in SMP up date.

    1. Revetment means a sloped wall constructed of rip-rap or other suitable material placed on stream banks or other shorelines to retard bank erosion and minimize lateral stream movement.
    2. Rip-rap means dense, hard, angular rock free from cracks or other defects conductive to weathering often used for bulkheads, revetments or similar slope/bank stabilization purposes.

    ————————————————————————-

    (9) DISCUSSED UNDEFINED NO RESOLUTION [insert final date]

    3.1.1 Shoreline Environment Designations

    1. A shoreline environment designation has been assigned to each segment of the shoreline in accordance with this section. The designations are based on the following general factors:
    2. The ecological functions and processes that characterize the shoreline, together with the degree of human alteration as determined by the [insert final date] Shoreline Inventory and Characterization Report and subsequent technical analyses; and

    ——————————————————————

    (10) NOT PRESENTED OR  DISCUSSED

     EXPENSE OF SPECIALISTS FOR APPROVAL

    1. c. Hazard Tree Removal: Removal of a hazard tree may be allowed in the buffer when trimming is not sufficient to address the hazard. Where the hazard is not immediately apparent to the Administrator, the hazard tree determination SHALL be made after Administrator review of a report prepared by a qualified arborist or forester.

    ——————————————————————–

    (11) NOT PRESENTED OR  DISCUSSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

    1. Invasive Species Management: Removing invasive, non-native shoreline vegetation listed on the Clallam County Noxious Weed List may be allowed in the buffer when otherwise consistent with this Program. The disturbed areas must be promptly revegetated using species native to western Washington. The Administrator SHALL require a vegetation management plan prepared by a qualified ecologist, forester, arborist, or landscape architect prior to approving the invasive species removal. The vegetation management plan SHALL  identify and describe the location and extent of vegetation management. For properties within designated landslide or erosion hazard areas, the Administrator may require review of the vegetation management plan by an engineering geologist or geotechnical engineer to ensure that the vegetation management will not cause or exacerbate hazards associated with soil or slope instability. The location and size of the invasive species management area SHALL be clearly defined on the site plan

    ———————————————————————–

    (12) NOT DISCUSSED – ADDRESSED OR RESOLVED

    Taking of Value of view property by limited 20% KEYHOLE view corridor. If 50% of the value of your shoreline property is for the view? Losing 80% the view value will affect the true and real value of your property

    4.2.4 Regulations – Shoreline Buffers

    . 3. Buffer Condition: Shoreline buffers shall be maintained in a predominantly well vegetated and undisturbed condition to ensure that the buffer provides desired buffer functions including shade, habitat, organic inputs, large woody debris, slope stability, water storage, biofiltration, contaminant removal, and fine sediment control. Up to eighty percent (80%) of the buffer area shall be vegetated with native trees and shrubs. The remaining twenty percent (20%), or at least fifteen (15) linear feet of the water frontage, whichever is greater, may be retained as lawn for active use.

    1. Allowed Uses and Buffer Modifications: The Administrator may allow limited clearing, thinning, and/or pruning to accommodate specific shoreline buffer uses and modifications identified in this section. Such allowances shall not require compensatory mitigation provided that the amount and extent of the clearing, limbing, and/or pruning are the minimum necessary to accommodate the allowed use and all other requirements of the Program are met:

    —————————————————————————–

    (13) view corridor NOT DISCUSSED OR ADDRESSED limited and selective tree removal, pruning, and/or limbing in the buffer

    1. View Corridors: The Administrator may allow limited and selective tree removal, pruning, and/or limbing in the buffer to create a view of the shoreline when otherwise consistent with this Program. The removal, pruning, and/or limbing shall not require any ground-disturbing equipment and shall not materially alter soils or topography.

    ————————————————————————-

    (15) NOT DISCUSSED OR ADDRESSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

    Administrator shall require a view clearance plan

    The Administrator shall require a view clearance plan prepared by a qualified ecologist, forester, arborist, or landscape architect prior to approving the view corridor. The view clearance plan shall identify and describe the location and extent of the proposed tree removal, pruning, and limbing and shall demonstrate compliance with American National Standards Institute (ANSI) A300 Standards for Tree Care Operations (Tree, Shrub, and Other Woody Plant Management – Standard Practices). For properties within designated landslide or erosion hazard areas, the Administrator may require review of the view clearance plan by an engineering geologist or geotechnical engineer to ensure that the proposed removal, pruning, and/or limbing will not cause or exacerbate hazards associated with soil or slope instability. The location and size of the view corridor shall be clearly defined on the site plan.

    1. Private Pathways: Private pathways which provide pedestrian access to the shoreline may be allowed within the buffer provided they are constructed of pervious material, are less than or equal to six (6) feet wide, and follow a route that minimizes erosion and gullying

    ——————————————————————————–

    (16)  NOT DISCUSSED OR ADDRESSED

    Taking of Private property for Public access

    The removal of any reference to  the taking of private property for Public access, Clallam County has the highest public access to public land in WA State. At the Private DOE meeting on June 6, 2012 Gordon White agreed that we have sufficient cause 51% to remove any taking of private property for public access.

    —————————————————————————–

    (17) DISCUSSED AND DISMISSED

    EPA. Precautionary setback are not legal

     As questioned by Rob McKenna, why are the DOE SMP setbacks more restrictive the EPA. Precautionary setback are not legal.

    ——————————————————————————–

     (18) LEGALITY OF 80% TAKING  NOT DISCUSSED NOT ADDRESSED

    ONE HUNDRED PERCENT (100%) NON-CONFORMING PROPERTY

    1. At least eighty percent (80%) of the buffer area between the structures and the shoreline and/or critical area is maintained in a naturally vegetated condition.

    What provisions have the DOE made to  stay within the LAW?

    “It is now undisputed that the county had no authority to deprive residents of the use of their own private property.”CAO’S 65 PERCENT” SEIZURE OF PROPERTY PLF Lauds Supreme Court for “Driving a Stake Through One of the Most Extreme Assaults on Property Rights in the U.S.”

    SEATTLE, WA; March 4, 2009: The Washington Supreme Court

    the CAO limited rural landowners with five acres or more to clearing only 35 percent of their property, forcing them to maintain the remaining 65 percent as native vegetation indefinitely. Rural landowners owning less than five acres were allowed to clear only 50 percent of their parcels. Affected landowners had to continue paying taxes on the portion of the property rendered useless by the CAO.

    —————————————————————————–

    (19) NOT DISCUSSED OR ADDRESSED

     THE PROVISIONS OF WAC173-26-191 ANYTHING THAT MAY BE  ILLEGAL AND UNCONSTITUTIONAL AT A STATE LEVEL,

     MAY ALSO BE  ILLEGAL AND UNCONSTITUTIONAL AT A COUNTY LEVEL AND SHALL NOT BE INCLUDED IN CLALLAM COUNTY SMP UPDATE.

     

    WAC 173-26-191

    Agency filings affecting this section

    Master program contents.

    2 The results of shoreline planning are summarized in shoreline master program policies that establish broad shoreline management directives. The policies are the basis for regulations that govern use and development along the shoreline.

    SOME MASTER PROGRAM POLICIES MAY NOT BE FULLY ATTAINABLE BY REGULATORY MEANS DUE TO THE CONSTITUTIONAL AND OTHER LEGAL LIMITATIONS ON THE REGULATION OF PRIVATE PROPERTY. THE POLICIES MAY BE PURSUED BY OTHER MEANS AS PROVIDED IN RCW 90.58.240.

    SOME DEVELOPMENT REQUIRES A SHORELINE PERMIT PRIOR TO CONSTRUCTION.

     A LOCAL GOVERNMENT EVALUATES A PERMIT APPLICATION WITH RESPECT TO THE SHORELINE MASTER PROGRAM POLICIES AND REGULATIONS AND APPROVES A PERMIT ONLY AFTER DETERMINING THAT THE DEVELOPMENT CONFORMS TO THEM. EXCEPT

    WHERE SPECIFICALLY PROVIDED IN STATUTE, THE REGULATIONS APPLY TO ALL USES AND DEVELOPMENT WITHIN SHORELINE JURISDICTION, WHETHER OR NOT A SHORELINE PERMIT IS REQUIRED, AND ARE IMPLEMENTED THROUGH AN ADMINISTRATIVE PROCESS ESTABLISHED BY LOCAL GOVERNMENT PURSUANT TO RCW 90.58.050 and 90.58.140 AND ENFORCEMENT PURSUANT TO RCW

    90.58.210 through 90.58.230.

    ————————————————————-

    If any of you read this complete comment? You understand fully, why I am critical of the two thirds majority of the Advisory Committees that failed to complete their responsibility to the citizens and private property owners of Clallam County on July 10, 2012,  prior to the final SMP Draft Proposal.

    INDEED, THE INTENT OF A PARTY CAN BE DETERMINED BY EXAMINING THE UNDERSTANDING OF A REASONABLE PERSON, AFTER CONSIDERATION IS GIVEN TO ALL RELEVANT CIRCUMSTANCES OF THE CASE INCLUDING THE NEGOTIATIONS, ANY PRACTICES THE PARTIES HAVE ESTABLISHED BETWEEN THEMSELVES, USAGES AND ANY SUBSEQUENT CONDUCT OF THE PARTIES.

    IF THE PARTIES DON’T WANT YOU TO DO IT, THE PARTIES WILL MAKE IT AS DIFFICULT AS POSSIBLE, INCLUDING BUT NOT LIMITED TO FINANCIALLY IMPOSSIBLE.

    The County Department of Community Development (DCD) has just released a Revised SMP Draft (June 2017). 


  • Clallam County WA SMP Update 2017?

    Clallam County WA SMP Update 2017?

    I received email notification because I am an interested party (since Jan 26, 2011).  The County Department of Community Development (DCD) has just released a Revised SMP Draft (June 2017).

    Clallam County Commissioners, Mark Ozias, Randy Johnson and Bill Peach, You are receiving this email because you are elected Clallam County representatives and you SHALL be deciding the fate of vested, voting, taxpaying, Shoreline private property owners on the Clallam County Shoreline Master Program (SMP) Update.

    Not one of you, the 2017 seated elected representative participated in the Clallam County SMP Update between 2009 and 2013.

    How bad was the Clallam County WA STATE DEPARTMENT OF ECOLOGY (DOE) SMP Update in 2009? 2010? 2011? 2012? 2013? 2014? and 2015? 2016?

    CONTENTIOUS…. OVER 600  PUBLIC COMMENTS WERE SUBMITTED.

    WHAT WOULD VESTED PRIVATE SHORELINE PROPERTY OWNERS HAVE TO COMPLAIN ABOUT?

    LET’S START WITH THE CLALLAM COUNTY  DCD SMP REVISED REVISIONS

    2014-2017

    The Revised Draft SMP (June 2017) shows proposed revisions to the November 2014 Draft SMP that the Clallam County Planning Commission held regional public hearings on in February 2015. The Planning Commission reviewed public comments at various Commission regular-meetings in 2015-2016. The Revised Draft SMP (June 2017) is based on these deliberations, comments from the Department of Ecology, and other clarifications/corrections.

    ————————————————————————————-

    A complete list of Clallam County DOE SMP UPDATE PUBLIC  comments 2010-2012

    doe smp public smp comments from 5/31/11 #100 to 7/02/12 #284

    citizenreview-clallamcounty.org/…/doe-smp-public-smp-comments-from-53111-100-to-…Jul 3, 2012TO WHOM IT MAY CONCERN. A COMPLETE LIST OF CLALLAM COUNTY DOE SMP COMMENTS 2010-2012.

    The SMP ball is soon to be thrown into the your court, it’s time for you, the newly elected on the block to step up to the plate.

    PLEASE SEND YOUR COMPLAINTS TO our elected commissioners they need to know how the 2017 Revised SMP Draft and update has and shall  impacted  you and your property. Below is their contact information:

    ——————————————————————————

    Indeed, elected in 2014, DCD Director Mary Ellen Winborn,. The Clallam County Department of Community Development is responsible for comprehensive …

    Director of Community Development

    Mary Ellen Winborn
    mwinborn@co.clallam.wa.us
    223 East 4th Street, Suite 5
    Port Angeles Washington 98362
    360-417-2321

    ——————————————————————————–

    Behind My Back | WA DOE Amending the SMA/SMP?

    www.behindmyback.org/2017/03/03/wa-doe-amending-the-smasmp/

    Mar 3, 2017 – Behind My Back | Ecology’s Back “Amended Plus ” SMP WAC’S … Shoreline Management | Introduction the the SMA | Washington State …

    This is my public comment on the Clallam County SMP Update

    It is a formal written complaint directed to Elected DCD Director Mary Ellen Winborn

    The Clallam County SMP Update has been a work in progress for over seven (7) years

    The first Public comment on the SMP Update, was Dec 5, 2009

    The latest update on the Clallam County SMP website is from November 2014

    AND THE STATUS OF CLALLAM COUNTY  SMP  MARCH 3, 2017?

    Clallam County Southwest Under way

    How bad was the Clallam County WA STATE DEPARTMENT OF ECOLOGY (DOE) SMP Update in 2009? 2010?2011? 2012? 2o13? 2014? and 2015? 2016?

    CONTENTIOUS…. Over 600  public comments were submitted.

    The  “LAST” PUBLIC FORUM” was held Jan 14, 2015  in Sequim WA

    The latest update on the Clallam County SMP website is from November 2014

    Only one, non-elected county employee has been involved in the SMP Update from start to finish.

    Who’s running the SMP Update behind our backs behind closed doors

    How much Funding has been granted to Clallam County by the DOE $549,986.00

    Who’s being paid behind our backs behind closed doors to Update the Clallam County Shoreline SMP?

    HAVE THE VESTED SHORELINE PROPERTY OWNING CITIZENS OF CLALLAM COUNTY BEEN LEFT OUT OF THE PUBLIC OPEN MEETING PROCESS FOR A  “COOLING OFF PERIOD?”

    WHAT WOULD VESTED PRIVATE SHORELINE PROPERTY OWNERS HAVE TO COMPLAIN ABOUT?

     

    The Revised Draft SMP (June 2017) shows proposed revisions to the November 2014 Draft SMP that the Clallam County Planning Commission held regional public hearings on in February 2015. The Planning Commission reviewed public comments at various Commission regular-meetings in 2015-2016. The Revised Draft SMP (June 2017) is based on these deliberations, comments from the Department of Ecology, and other clarifications/corrections.

    PLEASE SEND YOU COMPLAINTS TO our elected commissioners they need to know the impacts that this 2017 Revised SMP Draft and update has and shall have on you and your property.

    Contact information:

    County Commissioners

    Mark Ozias, District 1
    mozias@co.clallam.wa.us
    Clallam County Commissioners
    223 East 4th Street, Suite 4
    Port Angeles, Washington 98362-3000
    360-417-2233

    Randy Johnson, District 2
    rjohnson@co.clallam.wa.us
    Clallam County Commissioners
    223 East 4th Street, Suite 4
    Port Angeles, Washington 98362-3000
    360-417-2233

    Bill Peach, District 3
    bpeach@co.clallam.wa.us
    Clallam County Commissioners
    223 East 4th Street, Suite 4
    Port Angeles, Washington 98362-3000
    360-417-2233

    Not one of the 2017 seated elected representative participated in the Clallam County SMP Update between 2009 and 2013.

    How many of the 624 SMP  public comments have Clallam County Commissioner Mark Ozias, Randy Johnson and Bill Peach actually read?

    And, how many of the 624 SMP Public comments have been shoved under the rug, through the combined efforts of ESAAdolfson  SMP Consultant Margaret Clancy (between 2012 and 2017)  and Steve Gray, Deputy Director/Planning Manager Clallam County Dept. of Community Development using after the fact cut off dates for public comment et al,  and  a matrix system?

    ——————————————————————————–

    Not one of you, the 2017 seated elected commissioners, participated in the Clallam County SMP Update between 2009 and 2013.

    The SMP ball is soon to be thrown into the your court, it’s time for you, the newly elected, on the block, to step up to the plate.

    doe smp public smp comments from 5/31/11 #100 to 7/02/12 #284

    citizenreview-clallamcounty.org/…/doe-smp-public-smp-comments-from-53111-100-to-…

    Jul 3, 2012 – TO WHOM IT MAY CONCERN. A COMPLETE LIST OF CLALLAM COUNTY DOE SMP COMMENTS 2010-2012. Available on Clallam County …

    TO WHOM IT MAY CONCERN

    A COMPLETE LIST OF CLALLAM COUNTY DOE SMP COMMENTS 2010-2012

    Available on Clallam County SMP website.

    http://www.clallam.net/realestate/html/shoreline_management.htm

    All public comments are subject to Public Disclosure.

    I will complete the comments on #1 to #99 and document the pros and cons.

    Pearl Rains Hewett

    July:
    ·    070212 – RKonopaski – G
    ·    #284 clarifying the setbacks on marine shorelines?
    June:
    ·    062312 – ESpees – G
    ·    175-150 + 10 foot setbacks
    ·    061712 – PHewett – G
    ·    DOE private meeting
    ·    061412 – PHewett – G
    ·    Futurewise and Grays Harbor
    ·    061412 – PHewett – SED
    ·    WHAT IS THE ECONOMIC FUTURE OF CLALLAM COUNTY?
    ·    061112 – PHewett – G
    ·    See Nollan, 483 U.S. 825, 837 (1987). precautionary setbacks
    ·    060912 – PHewett – G
    ·    25 See Nollan, 483 U.S. 825, 837 (1987).
    ·    060712 – PHewett – G
    ·    #277 Citizens’ Alliance for Property Rights v. Sims. 65% taking violates law
    ·    060312 – ESpees – G
    ·    #276 public access to our shorelines
    May:
    ·    053012 – PHewett – SED
    ·    #275 RE-DESIGNATE TO FRESHWATER RURAL
    ·    052912 – PHewett – G
    ·    #274 COORDINATION PROCESS 43 UNITED STATES CODE SECTION 1712
    ·    052412 – RCahill – SMPdraft
    ·    #273 the spirit and intent of the Department of Ecology’s Shorelands and Environmental Assistance, publication number 09-06-029,
    ·    052212 – JBlazer – SED
    ·    #272 The problem… my parcel and the 2 parcels to the south would be hard pressed to build residences that take advantage of the marine view using the 175 ft setback in the proposed designation of Freshwater Conservancy.
    ·    052112 – MBlack – SMPdraft
    ·    #271 The overall concern I have is that you are in fact taking future uses away from
    ·    private land holders without clearly acknowledging doing so.
    ·    051712 – PHewett – G
    ·    #270 SELLING AND BUYING DOE SMP NON-CONFORMING PROPERTY
    ·    051612 – PHewett – PPS
    ·    #269 SMP Public Forum participation
    ·    051512 – ASoule – SMPdraft
    ·    #268 SMP references to sea level rise
    ·    051212 – PHewett – G
    ·    #267 FORKS SMP PUBLIC FORUM MAY 10, 2012
    ·    051212 – KNorman – SED
    ·    #266 I hope that you will reconsider the classification of these lots based on this information as to do otherwise would be a severe hardship on the owners of the lots and would constitute a “taking” of the land.
    ·    051112 – FutureWise-PPS – SMPdraft
    ·    #265 Clallam County v. Futurewise 7 years + lawsuit Carlsborg. The current SMP updates are an opportunity to significantly improve protection for the straits and the county’s other shorelines.
    ·    050812 – EBowen – G20
    ·    #264  S. Gray to Ed Bowen Final Draft WRIA 20 Preliminary SMP Elements Report
    ·    050812 – WFlint – SED
    ·    #263 The Lower Lyre River should be designated as Freshwater Residential (FRSD), and not Freshwater Conservancy (FC) as it is now proposed.
    ·    050812 – PHewett – G
    ·    #262 SCIENTIFIC PAPERS AND THE DUE PROCESS OF LAW DOE has consistently ignored questions asked on SMP comments, posted on the Clallam County SMP Update website, and at SMP Advisory meetings. I am requesting answers to the following questions to comply with the core principles of Due Process and the DOE SMP taking of private property in Clallam County.
    ·    050712 – USFWS – SMPdraft
    ·    #261  The Service strongly supports maintaining the feeder bluffs in their natural functioning condition.
    ·    050612 – PHewett – G
    ·    #260 If it is not recorded with the Clallam County Auditors Office it is not on the Property Title. What should be recorded with the Auditors office for Public Record?
    ·    050512 – ESpees – G
    ·    #259 The premise of the SMA/SMP Undate ‘that there is and environmental crisis’ that requires a draconian governmental intervention is bogus.
    ·    050412 – LMuench – G
    ·    #258 I think you would best be served by showing shrubs as well as trees. Since the graphics are done, what about a red arrow pointing to the trees saying “may be limbed for views.” This is a major issue with shoreline land owners.
    ·    050412 – ESpees – G
    ·    #257 The ECONOMIC IMPACT of the DoE imposed SMA/SMP Update for 2012 will be staggering!!!
    ·    050412 – PHewett – G
    ·    #256 Clallam County DOE SMP update, written text, uses our safety and protection as an excuse to take, restrict and control the use/development of our private property.
    ·    050312 – JBettcher – G
    ·    #255 I appreciate the public benefit of a healthy ecosystem but oppose the taking of private property by prohibiting private landowners from applying the best engineering practices to resist natural whims.
    ·    050212 – PHewett – G
    ·    #254 REAL ESTATE MARKET VALUE OF NON-CONFORMING PROPERTY
    April:
    ·    042812 – PHewett – G
    ·    #253 FEMA AND OTHER POLICY SPECIFIC INSURANCE COVERAGE
    ·    042812 – PHewett – G
    ·    #252 House Bill 2671  If a county appeals the (DOE) Department of Ecology’s final action on their local shoreline master program and  the appeal is given to the Growth Management Hearings Board?
    ·    042812 – PHewett – G
    ·    #251 No. 87053-5 IN THE SUPREME COURT OF THE STATE OF WASHINGTON
    ·    042612 – PHewett -G
    ·    #250 CLALLAM COUNTY- NEGLECT OF WIRA 20 SMP PRIVATE PROPERTY OWNERS
    ·    042112 – Spees – G
    ·    #249 this insane outrageous governmental over reach under the thinly veiled cover of saving the environment. The problem now is not the environment.
    ·    042112 – PHewett – G
    ·    #248 PARTIAL DISCLOSURE OF SMP IMPACT ON PRIVATE PROPERTY OWNERS
    ·    041812 – PHewett – G
    ·    #247 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.
    ·    041712 – Port of PA – G
    ·    #246 Table 4.1 the proposed draft buffer in row “a” should be modified from 100’ to 50’
    March:
    ·    032912 – PHewett – G
    ·    #245 THE MOST UNSCIENTIFIC PARTS OF THE DOE CLALLAM COUNTY SMP ARE, that even with DOE’S 1616 employees and a billion dollar budget.DOE doesn’t have a single analyst capable of compiling and reporting the most important documented/published scientific statistics provided by The Clallam County Inventory and Characteristic reports.
    ·    032612 – PHewett – G
    ·    #244 ESA Adolfson’s consultant’s failure to comply with WA State Law RCW 90.58.100 Each master program shall contain standards governing the protection of single family residences and appurtenant structures against damage or loss due to shoreline erosion.
    ·    032512 – PHewett – G20
    ·    #243 WIRA 20 Sol Duc River Reach 80 needs to be re-designated on proposed draft to 3.1.1.4 Freshwater Conservancy (FC)
    ·    032312 – RCrittenden – SMPdraft
    ·    #242 Thus, all regulation is evil by its nature and it is repressive. The best regulations are those that are the least that is necessary to accomplish their intended legitimate purpose. And “legitimate” is not to be broadly construed.
    ·    032212 – PHewett/RCrittenden – G
    ·    #241 Dr. Robert N. Crittenden SMP comments, testimony, tables and reviews
    ·    032112 – OEC – SMPdraft
    ·    #240  Change “should” to “shall” ,,,,culverts, and bridges shall be conducted using best practices….
    ·    031712 – PHewett – G
    ·    #239 PATENT LAND GRANTS ISSUED PRIOR TO STATEHOOD
    ·    031412 – MBarry – G
    ·    #238 These shorelines are critical for wildlife and natural ecological functions. I favor large setbacks. I favor development restrictions
    ·    030912 – PHewett – G/NNL
    ·    #237 Building Permit 2012-00014 issued to owners, David and Maria Tebow, Battle Creek MI. Two story 4 bedroom house 4770 sq feet, garage 927 sq feet, covered deck 173 sq feet with 19 plumbing drains (Number of Bathrooms?) Setbacks 60/25/25 Project value $486,781.18. the written guarantee bythe Clallam County DCD of no net loss to ecological functions (documented on building permit)
    ·    030512 – ESpees – SMPdraft
    ·    #236 There is no way that these voluminous shoreline land use policies can be understood. It takes no imagination to understand that this process is not ‘due process’ in the taking of beneficial use of our Private Property
    ·    030412 – PHewett – SMPdraft
    ·    #235 DOE Public Trust Doctrine web site (88 pages) has gone missing
    ·    030312 – KAhlburg – SMPdraft
    ·    #234 The last sentence runs directly counter to this assurance and needs to be modified or deleted. It otherwise will constitute yet another unfunded mandate burdening the County and “other entities” (which ones?).
    ·    030212 – PHewett – NNL/SMPdraft
    ·    #233 Lake Sutherland is a perfect example of Ecology’s NO NET LOSS.
    ·    With a 35 foot setback since 1976 there is no net loss of ecological function in Lake Sutherland.
    ·    030112 – MarineResourcesCouncil – SMPdraft
    ·    #232 It may also be possible that under certain development conditions, if done to minimize impervious surface and maximize water infiltration, could enhance the function of the buffer and perhaps allow for a narrower buffer.
    February:
    ·    022812 – FutureWise – SMPdraft
    ·    #231 The first half establishes the expected character of shoreline buffers, and is well stated. But the second half goes on to state that only 80% of the buffer vegetation is protected, and that 20% can be used for lawns and other use areas.
    ·    022812 – PHewett – NNL
    ·    #230 NO NET LOSS MENTIONED In law RCW 36.70A.480 (4) Shoreline master programs shall provide a level of protection to critical areaslocated within shorelines of the state that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources as defined bydepartment of ecology guidelines adopted pursuant to RCW 90.58.060.
    ·    022812 – PHewett – NNL
    ·    #229 The policies, goals, and provisions of chapter 90.58 RCW and applicable guidelines shall be the sole basis for determining compliance of a shoreline master program
    ·    022712 – WDOE- SMP Statue
    ·    #228 Gordon White letter dated Feb. 27,2012 page 4, disclaimer of creating enforceable state LAW by rule on Page 88 of the WA State Public Trust Doctrine.
    ·    022412 – QuileuteNation – SMPdraft
    ·    #227 TRIBAL comment
    January:
    ·    010312 – LowerElwhaKlalllamTribe – SED
    ·    #226 TRIBAL comment

    SMP Comments 2011:
    December:
    ·    120811 – PHewett – G
    ·    #225 WETLANDS NOT ON SMP MAPS Attachments: Lowell OREGON Local Wetland Inventory Report DRAFT.docx
    ·    120811 – PHewett – G
    ·    #224 Perkins and Coie  Your Request on Tacoma SMP Attachments: 12-13-10 letter to Gary Brackett.pdf; SMA and Public Access.pdf
    ·    120711 -OlympicEnvironmentalCouncil (OEC) – G
    ·    #223 Sea level  rise and climate change
    ·    120611 – WDOE- ICR20
    ·    #222  Draft WRIA 20 Inventory and Characterization
    November:
    ·    113011 – ESpees – G
    ·    #221 In the WRIA Process and the SMA/SMP Update Process the concept of State regulation of land use based on Feeder Bluffs and Littoral Drift Cells is a False Construct.
    ·    112511 – ESpees – G
    ·    #220 The DoE’s current cram-down of NNL and increased set-backs based on precautionary principle and ‘new understandings of science’ (non-science/non-sense/pseudo-science) should be rejected.
    ·    112411 – ESpees – G
    ·    #219 It’s content is extremely pertinent to the work we are doing in Clallam County’s SMA/SMP Update.
    ·    111611 – MPfaff-Pierce – SED
    ·    #218 Specifically, I am requesting that you reclassify the entire Whiskey Creek Beach Resort area as Modified Lowland. Right now you are proposing that a short area west of the creek be designated as Modified Lowland and the rest as High Bank.
    ·    111111 – JPetersen – SED
    ·    #217 Many activities would be prohibited without really looking at the specifics.
    ·    111011 – PHewett – G
    ·    #216 This is on the DOE Public Trust Doctrine web site (88 pages)”Finally, SMP’S, unlike other comprehensive plans, are adopted as WAC’S and become part of the state’s Shoreline Master Program. As such, all local SMP rules, regulations, designations and guidelines BECOME STATE LAW AND ARE ENFORCEABLE. in this manner, protection of public trust resources and uses becomes binding.”
    ·    110711 – PHewett – G
    ·    #215 SMP FOLLOW THE LETTER OF THE LAW
    ·    110711 – PHewett – G
    ·    #214 Court: Washington Supreme Court Docket: 84675-8 Opinion Date: August 18, 2011 Judge: Johnson Areas of Law: Environmental Law, Government & Administrative Law, Zoning, Planning & Land Use Applicable Law and Analysis. In affirming the Court of Appeals, the Supreme Court explained that even though there is significant local government involvement in the creation of SMPs, the process is done in the shadow of the Department of Ecology’s (DOE) control.
    ·    110711 – PHewett – G
    ·    #213 the Shoreline Management Act dictates that the Department of Ecology retains control over the final contents and approval of SMPs. Therefore, SMP regulations are the product of state action and are not subject to RCW 82.02.020.”
    ·    110611 – PHewett – G
    ·    #212 EXCLUDED SMP DOE WAC’S DO NOT BECOME LAW
    ·    110511 – ESpees – NNL
    ·    #211 In keeping with regard to no net loss was unclear and without any foundation.
    ·    110511 – ESpees – G
    ·    #210 The law has recently been perverted by State Agencies to usurp private property rights, an uncompensated State taking by regulation.
    ·    110511 – PHewett – G
    ·    #209 There is no WA State law requiring any taking of private property for public access on the Clallam County SMP Update.
    ·    110411 – PHewett – G
    ·    #208 WHO CAN STOP DOE WAC’S FROM BECOMING STATE LAWS?
    ·    110411 – PHewett – G
    ·    #207 Victory for PLF Whatcom County’s shoreline management rules conflict with state law, which mandates that counties “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.” RCW 90.58.100.
    ·    110411 – PHewett – G
    ·    #206 BY Law there is NO mention of the words “imminent or danger or soft armoring” IF THIS WORDING IS USED ON THE CLALLAM COUNTY SMP, IN SPITE OF THE FACT THAT IT CONTRADICTS WA STATE LAW RCW 90.58.100 Protection of single family residences IT WILL BECOME CLALLAM COUNTY LAW.
    ·    110311 – WDFW – ICR
    ·    #205 A useful tool may be to describe, in general, the range of possible existing conditions within any portion of the shoreline.
    ·
    October:
    ·    103111 – WDOE – ICR
    ·    #204  Not a copy format
    ·    103111 – JLarson – ICR
    ·    #203 I made at last SMP-WG meeting be incorporated into record
    ·    102011 – PHewett – SED
    ·    # 202 Who’s toes will you be stepping on by using this? Will you be able to notify the private property owners that are inadvertently compromised? Are there any single family residences, in any areas, where you have not specifically provided comment on protection by Law?
    ·    102011 – PHewett – SED
    ·    #201 Is this another WAC overstepping it’s authority and the LAW?
    ·    101911 – PHewett – NNL
    ·    #200 The concept of no net loss in this State originated with earlier efforts to protect wetlands. In 1989, Governor Booth Gardner signed an Executive Order establishing a statewide goal regarding wetlands protection.
    ·    101811 – JEstes – G
    ·    #199 There are 3,289 shoreline property owners in Clallam County about to be subject to
    ·    further regulation and restriction on the use of their land.
    ·    101711 – PHewett – G
    ·     #198 Unconstitutional Conditions of  WAC 173-26-191 Some master program policies may not be fully attainable by regulatory means due to the constitutional and other legal limitations on the regulation of private property.
    ·    101711 – WSP – ICR20
    ·    #197 Any additional comments on the two Clallam County SMP Inventory and Characterizations Reports are due by October 31, 2011
    ·    101111 – PHewett – G
    ·    #196 WAC’S ARE NOT LAW’S? Guidelines Are Not Law’s? Rules Are Not Law’s?
    ·    100811 – PHewett – ICR
    ·    #195 WAC 365-195-905 Criteria for determining which information is the best available science
    ·    100611 – PHewett – G
    ·    #194 REMOTE VIEWING AND SPACIAL DATA I did not find a State- of- the art- GSI and remote sensing facility for WA State?
    No b comment for #193?
    ·    100411 – PHewett – G/ICR
    ·    #192 Please bring the SMP Public Comments up to date.
    ·    100311 – JTatom – G
    ·    #191 As a property owner in Clallam County, I cannot imagine that you, as servants of the county, would even consider placing additional restrictions on residents who live near shorelines (marine, rivers, streams and lakes). Already we find ourselves so restricted that we are unable to use large portions
    ·    of our “privately” owned property.
    ·    100111 – PHewett – G
    ·    #190 Is it the intent, of two Elected County Commissioners, that total control of all private property in Clallam County, be given to the Federal Government and the WA State DOE, one way or the other?
    September:
    ·    092611 – PHewett – G/ICR
    ·    #189 Taking of Private Property for Public Access I insist that ESA Adolfson give us the total land acreage of private property that is affected by the SMP Update subject to NO NET LOSS and taking for Public Access.
    ·    092511 – PHewett – G
    ·    #188 Noxious Weed Control ‐ LMD#2 Lake Sutherland
    There is no #187  public comment?
    ·    092211 – PHewett – G
    ·    #186 SHORELINE RESIDENTS SWAMPED BY REGULATIONS
    ·    092211 – PHewett – ICR
    ·    #185 I tried to stress the fact that it is not lack of public land, it is the lack of public access to that publically owned land,
    ·    that is the problem.
    ·    092211 – PHewett – ICR
    ·    #184 CLALLAM COUNTY SHORELINE INVENTORY AND CHARACTERISTIC REPORT Based on the “Best Available Science?”
    ·    092211 – JamestownSKlallamTribe – ICR
    ·    #183 Tribal comment
    ·    091311 – LowerElwhaKlallamTribe – ICR
    ·    #182 Tribal comment
    ·    091011 – PHewett – G
    ·    #181 CLALLAM COUNTY SECTION 35.01.150 Real property assessments. PROTECTION FOR LOSS OF PRIVATE PROPERTY VALUE?  The restrictions imposed by the Shoreline Master Program shall be considered by the County Assessor in establishing the fair market value of the property.
    ·    091011 – PHewett – G
    ·    #180 PUBLIC COMMENT REPORT ON SMP Public Forum July 14, 2011
    ·    090411 – JLewis – CR/ICR
    ·    #179 Public access across our property through our wetlands and over our berm to our private beach would be of great concern to us. Here are some questions and concerns we’d like addressed and you consider amending the provisions for providing public shoreline access:
    ·    090311 – ESpees – G
    ·    #178 The Drift Cells, Littoral Drift, and
    ·    Feeder Bluffs Construct are so much BS/Smoke and Mirrors.
    ·    090311 – ESpees – G
    ·    #177 The Shoreline Master Program Update is rigged. NNL & larger setbacks do not represent the ‘will of the people’. It does not protect the rights of the Citizens.
    ·    090211 – ESpees – G
    ·    #176 I gave my opinion about ‘locking up’ shorelines property based on salmon and endangered species as a pretext
    August:
    ·    083111 – WDNR – ICR
    ·    #175 Incidentally, many of the docks and other development may
    ·    encroach onto State owned aquatic lands without proper DNR authorization.
    ·    083111 – MarineResourcesCouncil – ICR
    ·    #174 There is obviously no “ground truthing” of the information in this report.
    ·    083111 – JLWisecup – G
    ·    #173 It lists it as a slide area although for the past 32 years we have had no indication of any land movement or building shift.
    ·    083111 – ESpees – G
    ·    #172 It is more loony insanity being foisted on the Citizens of the State of Washington by a Government and their agents that
    ·    are out of control.
    ·    083111 – ESpees -G
    ·    171 The SMA/SMP and the WRIA processes are a means of locking up, transferring ownership to the State, and regulating the use of these areas/preventing private economic and other beneficial use of these prime areas.
    ·    082811 – PHewett – G
    ·    #170 SILT DAMAGE FROM ELWHA TO DUNGENESS SPIT?
    ·    082511 – ElwhaMorseMgmtTeam – ICRMaps
    ·    #169  Chris Byrnes commented on the yellow dots off shore (indicating “no appreciable drift”), argued that if it was so small, there wouldn’t be drifting anyway.
    ·    082511 – CoastalWatershedInstitute – ICR
    ·    #168 The characterization needs to be revised to include existing CLALLAM specific information and appropriate relevant recommendations that are in this existing information.
    ·    082511 – DAbbott – G
    ·    #167 I would like to see every effort made to ensure the constitutional rights of private property ownership made by those who have influence in our lawmaking process. These rights have been encroached upon over the years and there is a renewed concern today by many private citizens.
    ·    082411 – PHewett – G
    ·    #166 WA State SMP is requiring Public access on private property at the expense of the property owner.
    There is no comment#164
    There is no comment #163
    ·    081011 – MarineResourcesCouncil – ICR
    ·    #162 I urge you to look at the reach/s or resource issues within all reaches for accuracy, omissions, and errors.
    ·    There is no comment #161
    ·
    ·    081011 – WSP – ICR
    ·    #160 not able to copy
    ·
    ·    There is no comment #159
    ·
    ·    There is no comment #158
    ·
    ·    080511 – PHewett – ICR
    ·    #157 Wetlands are not included on SMP Update maps showing the areas that are a threat and risk of development.
    ·
    ·    There is no comment #156
    ·
    ·    There is no comment #155
    ·
    ·    080111 – FutureWise – ICR
    ·    #154 The Sierra Club
    July:
    ·    072611 – WASeaGrant – ICR
    ·    #153 Coastal Hazards Specialist
    There is not comment #152
    ·    072211 – PHewett – G
    ·    #151 Fact or Fiction, It is illegal to collect water in a rain barrel?
    ·    The State owns all rainwater?
    ·    072011 – CCPlCom – ICR
    ·    #150 The July Forum attendance was low and those that intended appeared to be struggling with the information presented and the questions to ask.
    There is no comment #149
    ·    072011 – PHewett – ICR
    ·    #148 Marine and Fresh water reach’s impaired by water temperature
    ·    072011 – PHewett – G
    ·    #147 Freshwater reaches impaired by water temperature (32) Marine reaches impaired by water temperature (6) Contaminated Marine Reaches (5)
    ·    Contaminated Freshwater Reaches (2) plus several
    ·    072011 – ESpees – G
    ·    #146 What the hell does NNL (No Net Loss of ecological function) mean? What is the plan for the amount of setbacks? What is the basis of this vague indefinable policy?
    ·    072011 – PHewett – ICR20
    ·    #145 On page 5-14 HOKO_RV_05 is not listed. Shore line length 3.8 miles and Reach area 246.40 acres 100% timber
    ·    071711 – PHewett – G
    ·    #144 TOP TEN PUBLIC SMP UPDATE CONCERNS
    ·    071711 – ESpees – G
    ·    #143 Tribes not affected by Shoreline Mgmt. Plan Updates
    ·    071611 – ESpees – G
    ·    #142 the DoE/EPA attempt to strip the Citizens of their private property rights.
    ·    071611 – ESpees – G
    ·    #141 It uses Drift Cells and Littoral Drift as excuses to take away private use and protections of private property. This has to do with ‘feeder bluffs’
    ·    071211 – TSimpson – ICR
    ·    #140 Page 6-12 Needs Correction :Lines 19-22
    ·    071211 – PHewett – ICR
    ·    #139 COLD ENOUGH?Based on their own reports and data, the amount of tree canopy, logging, development and public access are NOT factors in the impaired water temperature? Perhaps 50 years ago the water WAS cold enough?
    ·    071211 – PHewett – ICR
    ·    #138 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.
    ·    071111 – ESpees – G
    ·    #137 Conspicuously absent from the report of the first meeting is an accounting of the economical impact.
    ·    070811 – PHewett – ICR
    ·    #136 If more public access is needed, it is not the responsibility of Private Property Owner’s to provide it.
    ·    070811 – PHewett – ICR
    ·    #135 The Clallam County SMP update requires private property owners to give public access to their privately owned marine shorelines, prior to permitting development.
    ·
    ·    No comment # 134
    ·    No comment #133
    ·    No Comment #132

    SMP Comments 2011 cont.
    June:
    ·    062811 – JLMcClanahan – G20
    ·     #131 She was very concerned about any
    ·    potential regulatory changes that would result in the loss of options for using their two parcels in the future.
    ·    062411 – RTMcAvoy – G20
    ·    #130 they are against any such change for the reasons stated herein.
    ·    062411 – DMansfield – G20
    ·    #129 Adamant about no further restrictions on property
    ·    062411 – PCWidden – G20
    ·    #128 Concerns about changing the current SMP status from Rural to Conservancy.
    No comment #127
    ·    062011 – JEstes – G
    ·    #126  detail on how members of the public and affected property owners are being notified
    No Comment # 125
    ·    060611 – WDOE – CR
    ·    #124 local DOE
    ·    060611 – PortofPA – CR
    ·    #123 LIMIT NOT PROHIBIT
    ·    060411 – ESpees – CR
    ·    #122 The salmonid stocks in Clallam County are not limited by freshwater habitat
    ·    060311 – JamestownSKlallamTribe – CR
    ·    #121 Tribal Comment
    ·    060311 – HBell – CR
    ·    #120 This is not required by the RCW nor the WAC. WAC 173-26-241
    ·    060311 – WSP – CR
    ·    #119 State Park comment
    ·    060311 – WDOE – CR
    ·    #118 Local DOE
    ·    060311 – ESpees – CR
    ·    #117 By Dr. Robert N. Crittenden
    ·    060211 – RCrittenden – CR
    ·    #116 the low abundance of these stocks is also being used, to perpetrate the deception that it is caused by habitat loss.
    ·    060211 – JEstes – CR
    ·    #115 the CR is one of several steps the County will take to consider if any existing “policies or regulations need to change.” There must be demonstrated
    ·    need for any changes and all affected landowners should be invited to consider any changes.
    ·    060211 – SForde – G
    ·    #114 Which one of my individual rights are you protecting with the Shoreline Master Plan and/or any updates to it? The answer: None – in fact, you are violating them.
    ·    060211 – QuileuteNation – CR
    ·    #113 Tribal comment
    ·    060211 – CRogers – CR
    ·    #112 -Page 4 typo error
    ·    060211  –  QuileuteNation – CR
    ·    #111 Tribal comment
    ·    060111 – AStevenson – CR
    ·    #110 a marked up PDF of the Consistency Review
    ·    060111 – ESpees – G
    ·    #109 SMP Update – SMP Update Rigged Process
    No comment #108
    ·    060111 – PHewett – G #107
    ·    TOTALITARIAN: by definition(concerned with) arrogating (to the state and the ruling party) all rights and liberty of every choice, including those normally belonging to individuals, etc.
    ·    060111 – MTWalker – G
    ·    #106 The SMP should be rejected in all it’s forms. It erodes our rights and freedoms, does not comply with and is in fact contrary to the Constitution, is poorly written, poorly organized, vague, and its objectives are ambiguous/obscure.
    ·    060111 – ESpees – G
    ·    #105 Tribes Not Affected
    May:
    ·    053111 – ESpees – G
    ·    #104 The SMP erodes our rights and freedoms
    ·    053111 – ESpees – G
    ·    #103 The NNL Policy, larger setbacks and buffers, and new forced public access to private property will further erode our freedoms.
    ·    053111 – MGentry – G
    ·    #102 Green Point, group. 35 were invited and 17 showed up plus Dave Hannah was there to answer questions on bluff stability. Of the 17 only one was aware of SMP or said they had been contacted about forums.
    ·    053111 – PHewett – G / CR
    ·    #101 Pacific Legal Foundation If government blocks access to your land, it has committed a taking Dunlap v. City of Nooksack
    ·    052911 – ESpees – G
    ·    052911 – PHewett – G
    ·    052811 – ESpees – G
    ·    052811 – RHale – G
    ·    052711 – ESpees – G
    ·    052711 – PHewett – G
    ·    052611 – MGentry – G
    ·    052111 – PHewett – G
    ·    051811 – JPetersen – CR
    ·    051811 – NOTAC – CR
    ·    051311 – PHewett – G
    ·    051311 – PHewett – G
    ·    051311 – PHewett – G
    ·    051011 – TSummer – G
    ·    050611 – PHewett – G
    ·    050611 – PHewett – CR
    ·    050511 – PHewett – CR
    ·    050511 – PHewett – CR
    ·    050511 – PHewett – G
    April:
    ·    042611 – ESpees – G
    ·    042311 – MBlack – G
    ·    042011 – KAhlburg – G
    ·    041811 – QuileuteNation – G
    ·    041411 – RColby – G
    ·    041411 – TSimpson – G
    ·    041211 – BBrennan – G
    ·    041111 – NN – G
    ·    041111 – MGentry – G
    ·    041111 – NN – G
    ·    041111 – RMorris – G
    ·    041111 – NMessmer – G
    ·    041011 – RMorris – G
    ·    04 –11- RMorris – G
    March:
    ·    031511- PHewett – G
    ·    031511 – RMorris – G
    ·    031511 – RMorris – G
    ·    031411 – MGentry – G
    ·    031111- JWare – G
    ·    030211 – PHewett – G
    ·    030211 – PHewett – G
    February:
    ·    021711 – MLangley – G
    ·    021511 – PHewett – G
    ·    020211 – RBrown – G
    January:
    ·    012611 – MBoutelle – G
    ·    012111 – CAbrass – G
    ·    011811 – DJones – G
    2010:
    ·    110810 – WDNR – G
    ·    080510 – PSP – G
    ·    031010 – WDOE – PPS
    ·    030910 – WDOE – PPS
    ·    030810 – LMuench – PPS
    ·    030410 – QuileuteNation – PPS
    ·    022410 – FutureWise – PPS
    ·    020910 – JMarrs – PPS
    2009:
    ·    120509 – DemComm – G

    Posted in Shoreline Mgmt. Plan

    Comments are closed.


  • FBI Comey Was Mildly Nauseous?

    Read the Rest of the Story… by Pearl Harvey

    HILLARY CLINTON ALMOST GOT AWAY WITH IT BECAUSE OF NATIONAL SECURITY.

    No wonder Comey Was Mildly Nauseous….

    This documented comment is enough to gag a maggot

    Hilary Clinton did not swear an oath to tell the truth before meeting with the FBI for three and a half hours last weekend, and the interview was not recorded, FBI Director James Comey told House lawmakers on Thursday.

    FBI DIRECTOR JAMES COMEY,WAS PROHIBITED BY THE DOJ  TO  ELECTRONIC RECORD HIS INVESTIGATION INTERVIEW WITH HILLARY CLINTON BECAUSE IT INVOLVED NATIONAL SECURITY.

    ———————————————————
    June 3, 2014
    For decades, criminal investigators have known that the best way to obtain and preserve reliable information is to electronically record interviews and interrogations.
    And yet agents of the Federal Bureau of Investigation have continued to rely on handwritten notes taken during interrogations, which they later type onto so-called 302 forms.
     ——————————————
    That will finally change. In mid-May, the Department of Justice (DOJ) issued a memo instructing all federal investigative agencies—including the F.B.I., the Drug Enforcement Administration, the Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives—to use electronic recording while interviewing witnesses and suspects,
    EXCEPT IN CASES  INVOLVING NATIONAL SECURITY
    the new policy goes into effect on July 11th. 
    —————————————————————-
    July 5, 2016
    Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-Mail System
    FBI DIRECTOR JAMES COMEY,WAS PROHIBITED BY THE DOJ  TO  ELECTRONIC RECORD HIS INVESTIGATION INTERVIEW WITH HILLARY CLINTON BECAUSE IT INVOLVED NATIONAL SECURITY.
     —————————————————————-
    Why did the F.B.I. resist the change for so many years? Bureaucratic inertia, perhaps, or discomfort with making certain techniques transparent?
    ——————————————————

    May 3, 2017 – Comey said Wednesday that it makes him “mildly nauseous” to think his decision to reopen the FBI’s investigation into Hillary Clinton’s emails just days before the election could have impacted voters, but added he would make the same choice again.

    “I faced a choice,” Comey said. “And I’ve lived my entire career by the tradition that if you can possibly avoid it, you avoid any action in the run-up to an election that might have an impact, whether it’s a dog-catcher election or president of the United States. But I sat there that morning and could not see a door labeled ‘no action here.'”

    In his most detailed explanation and strongest defense of his actions to date, Comey said it was a choice between “really bad and catastrophic” to inform lawmakers about the discovery of additional Clinton emails found on the computer of former Rep. Anthony Weiner, the husband of Clinton aide Huma Abedin.

    Comey said he had the choice to either “speak” or “conceal.” He called the decision — which quickly became public — “one of the world’s most painful experiences,” but said making it was the right move.

    ————————————————————

    FBI Memo

    www.nytimes.com/packages/pdf/national/20070402_FBI_Memo.pdf
    Apr 2, 2007 – Page 1. FEDERAL BUREAU OF INVESTIGATION. Frecedauon ROUTINE ‘ Date: 3/23/2006. To: All Field Offices ittm ADIC, sac, and cm:.

    ————————————-

    Bill,

    online.wsj.com/public/resources/documents/DOJDocsPt4-1070319.pdf

    Mar 30, 2006 – Details: FBI policy on electronic recording of confessions and witness interviews is contained in a SAC Memorandum 22—99, dated 10 August …

    ————————————————————
    Why did the F.B.I. resist the change for so many years? Bureaucratic inertia, perhaps, or discomfort with making certain techniques transparent?
    ————————————————————-
    Dated 3/17/06 Office of the General Council Investigative Law Unit
    ELECTRON RECORDING OF CONFESSIONS AND WITNESSES
    http://online.wsj.com/public/resources/documents/DOJDocsPt4-1070319.pdf
    This is a 54 page DOJ document
    with a hand written notation “SO WE WANT TO HIDE THE TRUTH? DON’T WANT JURY TO REACH IT’S OWN JUDGMENT?
    It is recognized there are many situations in which recording the subjects interview would be prudent…
    On a case-by-case opportunity to use this technique where and when it will be used to further the investigation and subsequent prosecution….
    ————————————————–
    Except in cases  LIKE HILLARY CLINTON’S involving national security
    —————————————————
    From the group of 30,000 e-mails returned to the State Department, 110 e-mails in 52 e-mail chains have been determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information that was Top Secret at the time they were sent;36 chains contained Secret information at the time
    ———————————————————————–
    July 5, 2016
    Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-Mail System

    Remarks prepared for delivery at press briefing.

    Good morning. I’m here to give you an update on the FBI’s investigation of Secretary Clinton’s use of a personal e-mail system during her time as Secretary of State.

    After a tremendous amount of work over the last year, the FBI is completing its investigation and referring the case to the Department of Justice for a prosecutive decision. What I would like to do today is tell you three things: what we did; what we found; and what we are recommending to the Department of Justice.

    This will be an unusual statement in at least a couple ways. First, I am going to include more detail about our process than I ordinarily would, because I think the American people deserve those details in a case of intense public interest. Second, I have not coordinated or reviewed this statement in any way with the Department of Justice or any other part of the government. They do not know what I am about to say.

    I want to start by thanking the FBI employees who did remarkable work in this case. Once you have a better sense of how much we have done, you will understand why I am so grateful and proud of their efforts.

    So, first, what we have done:

    The investigation began as a referral from the Intelligence Community Inspector General in connection with Secretary Clinton’s use of a personal e-mail server during her time as Secretary of State. The referral focused on whether classified information was transmitted on that personal system.

    Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.

    Piecing all of that back together—to gain as full an understanding as possible of the ways in which personal e-mail was used for government work—has been a painstaking undertaking, requiring thousands of hours of effort.

    click on the link below to read the full text

    Statement by FBI Director James B. Comey on the Investigation of …

    https://www.fbi.gov/…/statement-by-fbi-director-james-b-comey-on-the-investigation-…

    Jul 5, 2016Statement by FBI Director James B. Comey on the Investigation of Secretary Hillary Clinton’s Use of a Personal E-Mail System. Remarks …

    In this case, given the importance of the matter, I think unusual transparency is in order.

    Opinions are irrelevant,  they were all uninformed by insight into our investigation.

  • The SES Government of 7000 Strangers?

    The SES Government of 7000 Strangers?

    I am directing all questions,  to elected SENATORS JOHNSON, MCCAIN, PORTMAN, LANKFORD, ERNST, SASSE, CARPER, MCCASKILL, BALDWIN, HEITKAMP, AND PETERS PRESENT.

     As members of the Homeland Security and Governmental Affairs (HSGAC) Committee 

    THE 7000 SENIOR EXECUTIVE CAREER  OPERATIVES IN THE SENIOR EXECUTIVE SERVICE (SES) ARE NOT STRANGERS TO YOU.

    As Required by Public Law No: 114-136 (03/18/2016)

    THE OFFICE OF PERSONNEL AND MANAGEMENT (OPM) TO REPORT THE NUMBER, NAMES, TITLES, AND PAY OF ALL POLITICAL APPOINTEES WHO HAVE BEEN CONVERTED TO CAREER POSITIONS (SES) TO THE COMMITTEE ON OVERSIGHT & GOVERNMENT REFORM (OGR) AND THE HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE (HSGAC) ON A QUARTERLY BASIS.

    ————————————————————————

    YOU THE ELECTED REPRESENTATIVES IN THE U.S.GOVERNMENT, KNOW EXACTLY WHO THEY ARE, AND YOU KNOW EXACTLY WHAT THEY DO.

    A government of strangers: Executive politics in Washington

    H Heclo – 2011 – books.google.com

    HOW DO POLITICAL APPOINTEES TRY TO GAIN CONTROL OF THE WASHINGTON BUREAUCRACY?

     HOW DO HIGH-RANKING CAREER BUREAUCRATS TRY TO ENSURE ADMINISTRATIVE CONTINUITY?

    THE ANSWERS ARE SOUGHT IN THIS ANALYSIS OF THE RELATIONS BETWEEN APPOINTEES AND BUREAUCRATS that uses the participants’ own words to describe the imperatives they face and the strategies they adopt.


    SHIFTING ATTENTION AWAY FROM THE WELL-PUBLICIZED ACTIONS OF THE PRESIDENT
    , High Heclo

    Cited by 981 Related articles All 2 versions Cite Save More

    ——————————————————————————

    FEB 14, 2017 WHO’S LEAKING CLASSIFIED INFORMATION, THAT THREATENS NATIONAL SECURITY? SHIFTING ATTENTION AWAY FROM THE WELL-PUBLICIZED ACTIONS OF THE PRESIDENT?

    —————————————————————–

    Feb. 15, 2017 WIKILEAKED “AMAZING BATTLE FOR DOMINANCE IS PLAYING OUT BETWEEN THE ELECTED US GOVT & THE IC WHO CONSIDER THEMSELVES TO BE THE ‘PERMANENT GOVERNMENT’,” ASSANGE WROTE.

    —————————————————————————

    WHAT A MESS…

    THE ELECTED US GOVERNMENT, PRESIDENT TRUMP, MEMBERS OF THE HOUSE AND SENATE,

    THE INTELLIGENCE COMMUNITY (IC),THE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS (HSGAC)  &

    THE IC WHO CONSIDER THEMSELVES TO BE THE ‘PERMANENT GOVERNMENT’

    ———————————————————————————–

    I do investigating reporting on my website.

    Concerned American Citizens send me tips, I received one the first week in Nov 2016, about a FOURTH SECRET POWER EMBEDDED in the US Government.

    WHAT THE HELL IS THE FOURTH SECRET POWER IN THE U.S. GOVERNMENT?

    In the U.S. Constitution there are only THREE  separate powers of Government

    ONE IMPORTANT PRINCIPLE EMBODIED IN THE U.S. CONSTITUTION IS SEPARATION OF POWERS. … EACH OF THE THREE GOVERNMENTAL BRANCHES, LEGISLATIVE, EXECUTIVE AND JUDICIAL, “CHECKS” THE POWERS OF THE OTHER BRANCHES TO MAKE SURE THAT THE PRINCIPAL POWERS OF THE GOVERNMENT ARE NOT CONCENTRATED IN THE HANDS OF ANY SINGLE BRANCH.

    I’ve spent hundreds of hours researching, reading, documenting and critically thinking (connecting the dots) and there is only one fourth secret power embedded in the US Government, that fits the criteria.

    ARE THE 7000 (SES) SENIOR CAREER UNTOUCHABLE  EXECUTIVES IN CIVIL SERVICE, TRAINED AND PROVIDED BY (SES) THAT OPERATES AND OVERSEE NEARLY EVERY GOVERNMENT ACTIVITY IN APPROXIMATELY 75 FEDERAL AGENCIES.

    Senior Executive Service – OPM

    https://www.opm.gov/policy-data-oversight/seniorexecutiveservice/

    The Senior Executive Service (SES) lead America’s workforce. … SES MEMBERS ARE THE MAJOR LINK BETWEEN THESE APPOINTEES and the rest of the Federal workforce. THEY OPERATE AND OVERSEE NEARLY EVERY GOVERNMENT ACTIVITY IN APPROXIMATELY 75 FEDERAL AGENCIES.

    HOW POWERFUL ARE THE SES CAREER EXECUTIVE?

    THE SENIOR EXECUTIVE SERVICE (SES) IS A CORPS OF MEN AND WOMEN WHO ADMINISTER PUBLIC PROGRAMS

     AT THE HIGHEST LEVELS OF FEDERAL GOVERNMENT..

    SES LEVEL V – O-7 – BRIGADIER GENERAL

     

    Civilian to Military Rank – FederalPay

    https://www.federalpay.org/article/civilian-to-military-rank

     

    Equivalent Civilian to Military Ranks

    Civilian Grade Military Rank

    Army Title

    GS-13

    O-4

    Major

    GS-14

    O-5

    Lieutenant Colonel

    GS-15

    O-6

    Colonel

    SES LEVEL V

    O-7

    BRIGADIER GENERAL

    ——————————————————————————————

    HOW DO HIGH-RANKING CAREER BUREAUCRATS TRY TO ENSURE ADMINISTRATIVE CONTINUITY?

    Obama signs “Ted Kaufman’s” Transition Act – The News Journal

    www.delawareonline.com/story/opinion/…/obamasigns-ted…transition…/82255556/

    MAR 25, 2016 – A BILL SIGNED MARCH 18, BY PRESIDENT OBAMA bears the name of a Delawarean, Ted Kaufman. The “Edward ‘Ted’ Kaufman and Michael Leavitt

     PRESIDENTIAL TRANSITIONS ... President Obama’s handoff to his successor will be much smoother. … In a rare bipartisan moment it passed the Senate unanimously

    Presidential Transitions Improvements Act of 2015.”\17\

    (Sec. 2) This bill amends the Presidential Transition Act of 1963 to direct the President to plan and coordinate activities to facilitate an efficient transfer of power to a successor President, including by: (1) not later than six months before a presidential election, establishing and operating a White House transition coordinating council; and (2) establishing and operating an agency transition directors council.

    To ENSURE that agencies plan adequately for transitions, this section also requires that not later than six months before Election Day, the head of each agency

    —————————————————————————

    Just asking? TO ENSURE IN APPROXIMATELY 75 FEDERAL AGENCIES?

     ————————————————————————

    SHALL DESIGNATE A SENIOR CAREER EMPLOYEE of each major component and subcomponent of the agency to overseetransition activities.  Also, not later than September 15 of a presidential election year, for each critical non-career position in an agency,

    the head of the agency SHALL DESIGNATE A QUALIFIED CAREER EMPLOYEE to serve in an acting capacity during the transition. THIS SECTION ALSO REQUIRES, to the greatest extent practicable, the negotiation of memorandums of understanding between the incumbent administration (acting through the Federal Transition Coordinator) and the transition teams of major candidates, not later than November 1 of a presidential election year. To the greatest extent practicable, the memorandums of understanding SHALL BE BASED on those from past transitions.

    (Sec. 4) This section directs the Office of Personnel Management to submit

     TO SPECIFIED CONGRESSIONAL COMMITTEES ANNUAL REPORTS ON REQUESTS BY AGENCIES TO APPOINT POLITICAL APPOINTEES OR FORMER POLITICAL APPOINTEES TO NONPOLITICAL CIVIL SERVICE POSITIONS.

    These reports shall be submitted quarterly in the last year of a presidential term or in the last year of the second consecutive term of a President.

    (Sec. 5) This section directs the Government Accountability Office to report to specified congressional committees on final significant regulatory actions promulgated during the last 120-day period of presidential administrations ending in 2001, 2009, and 2017.

    A significant regulatory action means any regulatory action that is likely to result in a rule that may: (1) have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, the environment, productivity, competition, jobs, public health or safety, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an agency action; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs,

    OR (4) RAISE NOVEL LEGAL OR POLICY ISSUES.

    ———————————————————————————

    HOW CONSTITUTIONAL IS THE “UNCHECKED” (SES) SENIOR EXECUTIVE BRANCH OF FOURTH POWER?

    IN THE U.S. CONSTITUTION THERE ARE ONLY THREE  SEPARATE POWERS OF GOVERNMENT

    ONE IMPORTANT PRINCIPLE EMBODIED IN THE U.S. CONSTITUTION IS SEPARATION OF POWERS. … EACH OF THE THREE GOVERNMENTAL BRANCHES, LEGISLATIVE, EXECUTIVE AND JUDICIAL, “CHECKS” THE POWERS OF THE OTHER BRANCHES TO MAKE SURE THAT THE PRINCIPAL POWERS OF THE GOVERNMENT ARE NOT CONCENTRATED IN THE HANDS OF ANY SINGLE BRANCH.

    ——————————————————————————————

    Just saying….THE KGB… was originally designed in March 1954  to be a state security committee and was attached to the Council of Ministers.


  • Gun Control Circumvents Due Process of Law

    The latest result caused by the U.S. Government’s increased pressure on  a private business,  to circumvent  and deny American citizens their constitutional right to due process on gun control laws.

    Circumvent  by definition, overcome (a problem or difficulty), typically in a clever and surreptitious way, deceive, outwit and. find a way around (an obstacle).

    JAN 30, 2016 Facebook bans private gun sales

    New Mark Zuckerberg’s New Facebook policy bans talk of private gun sales, applies to Instagram.

    MARK ZUCKERBERG, FACEBOOK’S CHIEF EXECUTIVE,  IN RESPONSE TO President Obama and state attorneys general increased pressure on Facebook to tighten restrictions on firearms because of the proliferation of posts that offer guns for sale, often without background checks

    JAN 29, 2016 Facebook Moves to Ban Private Gun Sales on Its Site and Instagram

    New York Times‎ – 17 hours ago

    Facebook is banning private sales of guns on its flagship social network and its Instagram …

    WHAT IS MARK ZUCKERBERG ANTI-GUN “GLOBAL” FACEBOOK  NEW MANAGEMENT POLICY?

    HOW BIG IS IT? WHAT IS IT? WHAT IS IT LEADING UP TO?

    WHAT IS, MARK’S PRIVATE WEBSITES GLOBAL POLICY AGENDA? 

    HOW MANY PEOPLE ARE INVOLVED? WHY NOW?

    HOW DOES FACEBOOK’S NEW POLICY WORK?

    HOW DOES IT EFFECT AMERICAN CITIZENS SECOND AMENDMENT RIGHTS AND DUE PROCESS OF LAW? HOW INVASIVE? HOW THREATENING?

    ———————————————————–

    Monika Bickert, head of FACEBOOK’S GLOBAL POLICY MANAGEMENT, said in a statement on Friday evening.“Over the last two years, more and more people have been using Facebook to discover products and to buy and sell things to one another. We are continuing to develop, test, and launch new products to make this experience even better for people and are updating our regulated goods policies to reflect this evolution,”

    ——————————————————————————-

    HOW BIG IS IT? HOW BIG IS GLOBAL?

    —————————————————————

    WHAT IS IT?

    WHAT IS, MARK’S PRIVATE WEBSITES GLOBAL POLICY AGENDA? 

    WHAT IS IT LEADING UP TO? THE LONG RANGE PLAN?

    Complete Disarmament Public Law 87-297

    This law was signed for the United States in 1961. John F. Kennedy signed it and every president since has worked to enact its provisions. (The government knows you will not approve which is why they want to take away your firearms.)  (This is Title 22 USC section 2551)

    BEFORE STAGE I CLOSES, ALL CITIZEN OWNED GUNS ARE TO BE BANNED.

    ——————————————————————–

    HOW MANY PEOPLE ARE INVOLVED?

    Facebook users must register before using the social network

    HOW MANY PEOPLE ARE ACTIVE ON FACE BOOK?

    More than one BILLION people are active on FACEBOOK

    JAN 30, 2016 1.6 BILLION PEOPLE  ARE ACTIVE ON FACEBOOK

    HOW MANY PEOPLE USE INSTAGRAM?

    Instagram Hits 300 Million Monthly Users

    Just nine months after hitting 200 million users, Instagram now says 300 million people use its photo app every month, with 70% of them coming from outside the US. That makes Instagram officially bigger than Twitter, which had 284 million active users as of six weeks ago.Dec 10, 2014
    WHY NOW?
    Jan 5, 2016 Emotional Obama calls for ‘SENSE OF EMERGENCY” to fight gun violence

    Obama executive action: New gun control orders …

    www.cnn.com/2016/01/05/…/obama-executive-action-guncontrol/
    CNN

    Jan 5, 2016 – Emotional Obama calls for ‘sense of urgency’ to fight gun violence ….. control advocate Gabby Giffords, who was seriously injured in a 2011 mass shooting, … that we can take to help reduce gun violence and save more lives.

    Residents of Oregon Shooting Town Tell Obama: ‘Go Home’

    www.newsmax.com/…shootingobama/2015/…/69555…
    Newsmax Media

    Oct 9, 2015 – Gun-rights activists gathered in Oregon on Friday to protest … at Obama’s plans to use the visit to call for stronger restrictions on firearms.

    ———————————————————————-
    HOW DOES FACEBOOK’S NEW POLICY WORK? HOW DOES IT EFFECT AMERICAN CITIZENS SECOND AMENDMENT RIGHTS AND DUE PROCESS OF LAW? HOW INVASIVE? HOW THREATENING?
    Although Facebook was not directly involved in gun sales…
    MARK ZUCKERBERG’S Facebook new gun policy?
    My question to my federal and state representatives.
    DO YOU SUPPORT THE LAW OF THE LAND AND  DUE PROCESS OF LAW?
    ————————————————-

    Facebook said it would rely on its vast network of users to report any violations of the new rules,

    —————————————————————–

    My question to my federal and state representatives.

    SO WHEN ANY GLOBAL FACEBOOK USER  REPORTS YOU AS A VIOLATOR OF THE NEW RULES?

    THEN? A FACEBOOK STAFF MEMBER  READS YOUR POSTS AND, JUDGES YOU AND DECIDES IF YOU HAVE VIOLATED THE NEW RULE?

    ———————————————————————-

    and would remove any post that violated the policy.

    —————————————————————

    My question to my federal and state representatives.

    WHEN? AFTER? YOU HAVE BEEN JUDGED AND FOUND GUILTY OF VIOLATING THE NEW RULE BY A FACEBOOK STAFF MEMBER?

    ————————————————————————–

    Beyond that, the company said it could ban users or severely limit the ways they post on Facebook,

    ——————————————————–

    My question to my federal and state representatives.

    WHEN? AFTER? A FACEBOOK STAFF MEMBER, READS YOUR ENTIRE? FACEBOOK  HISTORY? AND THEY  JUDGE YOU AGAIN ON YOUR PAST VIOLATION?

    ——————————————————————-

    depending on the type and severity of past violations.

    ———————————————————————–

    My question to my federal and state representatives.

    WHEN? AFTER? YOU HAVE BEEN REPORTED AS A VIOLATOR BY ANYONE OF THE 1.6 BILLION PEOPLE ACTIVE ON FACEBOOK AND  BEEN JUDGED AND FOUND GUILTY OF ALL OF THE ABOVE  BY A FACEBOOK STAFF MEMBER?

    THEN? IF FACEBOOK COMPANY BELIEVES?

    ————————————————————–

    If the company believed someone’s life was in danger,

    Facebook would work with law enforcement on the situation.

    —————————————————————

    My question to my federal and state representatives.

    WOULD YOU AGREE WITH THE FOLLOWING?

    IN ORDER TO WORK WITH, GET LAW ENFORCEMENT INVOLVED, AN OFFICIAL REPORT BY THE SOMEBODY AT THE FACEBOOK COMPANY. WOULD BE FILED AGAINST YOU, AS A VIOLATOR,  GUN DANGER TO SOCIETY OR TO YOURSELF.

    ———————————————————————

     THE LAW OF THE LAND AND  DUE PROCESS OF LAW

    The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be “deprived of life, liberty or property without due process of law.”

    The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.

    —————————————————————–

    Behind My Back | Olympia WA Has Gone Anti-Gun Crazy

    www.behindmyback.org/2016/01/…/olympiawahasgoneantiguncraz

    Jan 18, 2016 – It’s the first week of the new 2016 legislative session in Olympia WA and the antigun politicians have wasted no time in sending out a series of …

    WA STATE HB 1857 Concerning extreme risk protective orders.This doozy allows any family member or law enforcement with a grudge

    IF THIS PROPOSED 1857 BILL IS PASSED, IT SHALL ALLOW ANYONE TO SAY YOU ARE A DANGER

    or made a threat (verbal) in the last six months and you lose your gun rights. No proof needed and no other action because if you were a threat, shouldn’t something more be done?

    —————————————————————–

    Facebook will also rely on user reports of private gun sales that occur between members via Facebook Messenger, the company’s private messaging service.

    Facebook does not scan the content of those messages.

    ————————————————————————————–

    My bottom line question

    My question to my ELECTED federal and state representatives.
    DO YOU ABIDE BY  THE LAW OF THE LAND AND CONSTITUTIONAL  DUE PROCESS OF LAW ON GUN CONTROL IN YOUR LEGISLATION?

    ———————————————————————

    Facebook Moves to Ban Private Gun Sales on Its Site and Instagram

    JAN 29, 2016 New York Times‎ – 17 hours ago

    full text

    Facebook is banning private sales of guns on its flagship social network and its Instagram photo-sharing service, a move meant to clamp down on unlicensed gun transactions.

    Facebook already prohibits people from offering marijuana, pharmaceuticals and illegal drugs for sale, and the company said on Friday that it was updating its policy to include guns. The ban applies to private, person-to-person sales of guns. Licensed gun dealers and gun clubs can still maintain Facebook pages and post on Instagram.

    Although Facebook was not directly involved in gun sales, it has served as a forum for gun sales to be negotiated, without people having to undergo background checks. The social network, with 1.6 billion monthly visitors, had become one of the world’s largest marketplaces for guns and was increasingly evolving into an e-commerce site where it could facilitate transactions of goods.

    Mark Zuckerberg, Facebook’s chief executive. In response to President Obama’s recent call to curb unlicensed gun sales, some sellers said they would turn to sites like Facebook. Credit Josh Edelson/Agence France-Presse — Getty Images

    Facebook said it would rely on its vast network of users to report any violations of the new rules, and would remove any post that violated the policy. Beyond that, the company said it could ban users or severely limit the ways they post on Facebook, depending on the type and severity of past violations. If the company believed someone’s life was in danger, Facebook would work with law enforcement on the situation.

    Facebook will also rely on user reports of private gun sales that occur between members via Facebook Messenger, the company’s private messaging service. Facebook does not scan the content of those messages.

    “Over the last two years, more and more people have been using Facebook to discover products and to buy and sell things to one another,” Monika Bickert, Facebook’s head of product policy, said in a statement. “We are continuing to develop, test and launch new products to make this experience even better for people and are updating our regulated goods policies to reflect this evolution.”

    New York’s attorney general, Eric T. Schneiderman, who has pressed for restrictions on illegal gun sales on Facebook and other sites, praised the company’s move.

    “Today’s announcement is another positive step toward our shared goal of stopping illegal online gun sales once and for all,” he said in a statement on Friday.

    Facebook plays host to scores of online groups that cater to gun enthusiasts, with members posting pictures and details about an individual gun, or a gun they might be looking to buy. Many of the groups are private, meaning that Facebook users may need to be approved by an administrator before they can see or write posts.

    Unlike professional gun sellers, hobbyists who sell or trade a few guns a year are not typically required to be licensed by the federal government. Some, like Scott Schmoke of Florida, say that Facebook helps them sell just a handful of weapons a year. Mr. Schmoke said in an interview this month that he always insisted on meeting potential buyers face-to-face, to feel them out.

    “I go to a secure location, and I say, ‘Can I see your driver’s license? Do you have a concealed-weapons permit?’ ” Mr. Schmoke said. If he gets a bad feeling, he does not sell, he said.

    But as an unlicensed seller, Mr. Schmoke is under no obligation to perform any kind of background check. Federal authorities have expressed worries that the Internet has fueled the sale of guns to felons and others who might normally be blocked from buying firearms.

    Facebook has taken some steps to regulate gun sales over the years. In 2014, it said it would limit gun sales on its site and on Instagram, including by shielding minors from Facebook pages that advertised guns for sale.

    But since then, Facebook has been inching toward facilitating e-commerce transactions. In December, the company introduced a project that directs users to local businesses and services that are well-reviewed on Facebook. Facebook can also store users’ credit card information. And in recent months, Facebook made it possible to send peer-to-peer payments through Messenger.

    Facebook’s progression toward on-site payments underscored the need to update the company’s content policy, a Facebook spokeswoman said.

    The company has also been pushed by gun safety groups including Everytown for Gun Safety, an umbrella group that united the efforts of two separate organizations of mayors and mothers to promote gun safety. Shannon Watts, the founder of Moms Demand Action for Gun Sense in America, one of those two advocacy groups, said she met with senior Facebook officials repeatedly over the last two years.

    Everytown for Gun Safety presented Facebook with research connecting unlicensed gun sales on the site to gun violence. For example, Ms. Watts said, in December 2014, an Ohio man, Brian Harleman, shot and wounded his ex-girlfriend and killed her 10-year-old daughter before killing himself. Although prohibited from buying firearms because of a felony conviction, he was able to buy the weapon in an unlicensed sale on Facebook.

    “We were saying, ‘Please stop the unfettered access to guns on Facebook,’ ” Ms. Watts, a mother of five in Colorado, said in an interview.

    Because of Facebook’s tremendous influence, she said, its decision to ban person-to-person sales of guns will have ripple effects on gun policy nationwide.

    “What they’re doing is sending such an incredibly strong, sentinel signal to the world that America is working in the right direction on guns,” she said. “For them to take a stand and do the right thing gives cover to other businesses to do the right thing.”

    Rachel Abrams contributed reporting.

    A version of this article appears in print on January 30, 2016, on page A1 of the New York edition with the headline: Joining the Gun Debate, Facebook Bans Private Firearm Sales . Order Reprints| Today’s Paper|Subscribe

    —————————————————————–

    JAN 30, 2016 Facebook bans private gun sales

    www.usatoday.com/…/facebook…on-gun-sales/79543652/

    MARK ZUCKERBERG, FACEBOOK’S CHIEF EXECUTIVE. IN RESPONSE TO President Obama and state attorneys general increased pressure on Facebook to tighten restrictions on firearms because of the proliferation of posts that offer guns for sale, often without background checks

    MARK ZUCKERBERG COMPANY…

    Facebook bans private gun sales – USA Today
    Facebook IS MARK ZUCKERBERG PRIVATE WEBSITE, IS BANNING PRIVATE SALES OF GUNS ON ITS FLAGSHIP SOCIAL NETWORK AND ITS Instagram PHOTO-SHARING SERVICE, A MOVE MEANT TO CLAMP DOWN ON UNLICENSED GUN TRANSACTIONS.

    —————————————————————-

    JAN 29 4:00 PM EST FACEBOOK INC. MARK ZUCKERBERG’S NET WORTH CLIMBED TO $47.6 BILLION AS OF 4PM ET, WHEN FACEBOOK STOCK CLOSED AT $109.11 A SHARE

    MARK ZUCKERBERG as the sixth richest man in the world he,  did not fight back to protect American gun rights with his personal worth at $47.6 BILLION.

    ——————————————————————————

    BACKED BY BILLIONAIRE’S?

    President Barack Obama and state attorneys general, as well as gun control activist groups Moms Demand Action for Gun Sense in America and Mayors Against Illegal Guns – backed by billionaire and former New York Mayor Michael Bloomberghad been urging the world’s top social media website to crack down on private gun sales, USA Today reported.

    BACKED BY A BILLIONAIRE? UNDER GOVERNMENT PRESSURE? MARK ZUCKERBERG SOLD US OUT

    JAN 30, 2016 MARK ZUCKERBERG ‘S Facebook bans private gun sales

    ——————————————————————————-

    Facebook plays host to scores of online groups that cater to gun enthusiasts, with members posting pictures and details about an individual gun, or a gun they might be looking to buy. Many of the groups are private…..

    WHAT CAN YOU DO AS AN AMERICAN gun enthusiast?

    PEOPLE PRESSURE FIRST…

    UNFRIEND MARK ZUCKERMAN ON YOUR FACEBOOK PAGE .

    How do I unfriend or remove a friend? | Facebook Help Center

    https://www.facebook.com/help/172936839431357
    Facebook
    Note: If you choose to unfriend someone, you’ll be removed from that person’s friends list as well. … How do I suggest a friend to someone? … How do I remove or cancel a friend request I sent to someone?

    ——————————————————————–

    As a gun enthusiast SUGGEST A FRIEND TO THE NATIONAL RIFLEMEN ASSOCIATION (NRA)

    ————————————————————————————-

    If I unfriend someone, will they be notified? | Facebook Help

    https://www.facebook.com/help/110698549016637
    Facebook
    No, but you’ll be removed as a friend from their friend list as well.

    —————————————————————————————-

    As a gun enthusiast WANT TO NOTIFY MARK ZUCKERBERG ABOUT HIS NEW POLICY ON HIS PRIVATE WEBSITE?

    SELL ALL OF YOUR FACEBOOK STOCK.

    ——————————————

    My bottom line question

    My question to my ELECTED federal and state representatives.
    DO YOU ABIDE BY  THE LAW OF THE LAND AND CONSTITUTIONAL  DUE PROCESS OF LAW ON GUN CONTROL IN YOUR LEGISLATION?

  • The Silent Majority Defined 1933-1968-2016

    The Silent Majority Defined 1933-1968-2016

    THE “SILENT MAJORITY,” IS A PHRASE WITH A LONG, LONG HISTORY

    IN 2016 THE HISTORY AND ORIGIN OF THE”SILENT MAJORITY” MUST BE DEFINED AND MADE PERFECTLY CLEAR.

    (for those that think it just started 45 years ago)

    ———————————————-
    Defining words on Germany’s SILENT MAJORITY

    “WHEN THEY CAME I DID NOT SPEAK”

    Then they came for the trade unionists, and I did not speak out – because I was not a trade unionist; Then they came for the Jews, and I did not speak out – because I was not a Jew; Then they came for me – and there was no one left to speak out for me.
    —————————————————————————————-
    DEFINING THE HOLOCAUST

    The Holocaust began in 1933 and ended in 1945 12 years of Antisemitism (also spelled anti-Semitism or anti-semitism) is PREJUDICE AGAINST, HATRED OF, OR DISCRIMINATION AGAINST JEWS AS AN ETHNIC, RELIGIOUS, OR RACIAL GROUP.

    11 million people were killed during the Holocaust (1.1 million children )
    6 MILLION OF THOSE VICTIMS WERE JEWISH.

    PREJUDICE AGAINST, HATRED OF, OR DISCRIMINATION AGAINST OTHER GROUPS targeted by the Nazis were Jehovah’s Witnesses, homosexuals, disabled people, and Roma.

    “WHEN THEY CAME I DID NOT SPEAK” for the record let’s add…

    Then they came for the Jehovah’s Witnesses and I did not speak out – because I was not a Jehovah’s Witnesses – Then they came for the homosexuals and I did not speak out – because I was not a homosexual – Then they came for the disabled people and I did not speak out – because I was not a disabled person – Then they came for Roma and I did not speak out – because I was not a Roma –

    TWO-THIRDS OF JEWISH PEOPLE living in Europe at the time of World War II were killed by ANTISEMITISM …..

    11 million people were killed during the Holocaust (1.1 million children )
    6 MILLION OF THOSE VICTIMS WERE JEWISH,
    5 MILLION OF THOSE VICTIMS targeted by the Nazis ,were other groups of people, prejudiced against, hatred of, or discrimination against.

    ———————————————————————–
    TODAY Niemöller’s words “ON THE SILENT MAJORITY” have meaning.

    THEY ARE OFTEN ALTERED TO FIT DIFFERING POLITICAL OR SOCIAL AGENDA,

    BUT THEY STAND AS A UNIVERSAL CALL FOR SOCIAL ACTION AND SOLIDARITY AND VIGILANCE IN THE FACE OF OPPRESSION AND INJUSTICE.
    ————————————————————————————–

    INDEED, IN 2016, IT IS NECESSARY TO INVESTIGATE THE POLITICAL OR DIFFERING SOCIAL AGENDA’S THAT  ARE REFERRED  TO UNDER THE “SILENT MAJORITY”

    —————————————————————————————-
    NOW THAT WE HAVE ESTABLISHED THE ORIGIN OF THE “SILENT MAJORITY” WE MUST DOCUMENT AND ENLIGHTEN AMERICAN CITIZENS ON  THE SIMILARITIES OF THE USAGE OF THE WORDS “SILENT MAJORITY” IN THE POLITICAL CAMPAIGNS IN NIXON’S 1968 AND TRUMP’S IN 2016.
    —————————————————————————————
    1968-1972 Richard Nixon campaigned on A SILENT MAJORITY PLATFORM
    NIXON CAMPAIGNED ON A PLATFORM DESIGNED TO REACH THE “SILENT MAJORITY” of middle class and working class Americans. He promised to “bring us together again,” and many Americans, weary after years of antiwar and civil rights protests, were happy to hear of peace returning to their streets.
    ————————————————————————————
    2015-2016 Donald Trump is campaigning on A SILENT MAJORITY PLATFORM
    DONALD TRUMP IS CAMPAIGNING ON A PLATFORM DESIGNED TO REACH THE “SILENT MAJORITY” of middle class and working class Americans. The Donald promises to “bring us together again,” and many Americans, weary after years of antiwar and civil rights protests, are happy at the prospect of peace returning to their streets.
    ——————————————————————————
    NIXON CAMPAIGNED ON FOREIGN POLICY WAS ALSO A MAJOR FACTOR IN THE ELECTION. Humphrey was saddled with a Democratic foreign policy that led to what appeared to be absolute futility and agony in Vietnam. NIXON PROMISED TO FIND A WAY TO “PEACE WITH HONOR” IN VIETNAM, though Nixon was never entirely clear about how this was to be accomplished.
    ———————————————————————————
    2016 TRUMP campaign IS ON FOREIGN POLICY WHICH IS A MAJOR FACTOR IN THE ELECTION. AMERICA IS CURRENTLY saddled with a Democratic foreign policy that led to the absolute futility FOURTEEN YEARS OF WAR AND CONFLICT IN THE MIDDLE EAST.
    Trump has promised to find a way to “peace with honor” in the middle east, AND THE DONALD IS PERFECTLY AND ENTIRELY CLEAR ON HOW THIS IS TO BE ACCOMPLISHED.
    ———————————————————————————–
    1968 Richard Nixon campaigned on A SILENT MAJORITY PLATFORM
    THE AMERICAN PEOPLE, DESPERATE TO FIND A WAY OUT OF THE VIETNAM QUAGMIRE, WERE APPARENTLY WERE READY TO GIVE THE REPUBLICAN AN OPPORTUNITY TO MAKE GOOD ON HIS CLAIM.

    ————————————————-
    IN 1968 RICHARD NIXON WAS ELECTED PRESIDENT

    Nixon’s “Silent Majority”

    chnm.gmu.edu/…/sil…
    Roy Rosenzweig Center for History and New Media
    DURING HIS SUCCESSFUL CAMPAIGN FOR THE PRESIDENCY IN 1968, Richard Nixon … In October 1969, PROTESTERS STAGED A HUGE RALLY IN WASHINGTON, D.C. On …
    AT THE END OF THE SPEECH, HE CALLED FOR THE “GREAT SILENT MAJORITY” TO SUPPORT HIM IN THIS GOAL:.
    And so tonight — to you, THE GREAT SILENT MAJORITY OF MY FELLOW AMERICANS — I ask for your support. I PLEDGED IN MY CAMPAIGN FOR THE PRESIDENCY TO END THE WAR in a way that we could win the peace. I have initiated a plan of action which will enable me to keep that pledge. the more support I can have from the American people, the sooner that pledge can be redeemed; for the more divided we are at home, the less likely the enemy is to negotiate in Paris.

    ———————————————–

    Richard Nixon: Address to the Nation on the War in Vietnam

    www.presidency.ucsb.edu/ws/?pid
    University of California, Santa Barbara

    Richard Nixon<br>1969 … THE QUESTION AT ISSUE IS NOT WHETHER JOHNSON’S WAR BECOMES NIXON’S WAR. … In a television speech on May 14, in a speech before the United Nations, and on a number of other occasions I set forth our ….. AND SO TONIGHT–TO YOU, THE GREAT SILENT MAJORITY OF MY FELLOW AMERICANS–I ASK FOR YOUR SUPPORT.

    —————————————————
    IN 1972 RICHARD NIXON WAS REELECTED BY ONE OF THE LARGEST LANDSLIDES IN U.S. HISTORY.

    ———————————————————–
    During his presidency, Nixon oversaw some dramatic changes in U.S. Cold War foreign policy, MOST NOTABLY HIS POLICY OF DETENTE WITH THE SOVIET UNION AND HIS 1972 VISIT TO COMMUNIST CHINA.
    ————————————————————————————
    2016 Donald Trump is campaigning on A SILENT MAJORITY PLATFORM
    TRUMPS IDEALS OF THE SILENT MAJORITY —

    THAT AN OVERLOOKED PEOPLE NEED TO STAND UP AND RECLAIM THE VALUES THAT ONCE MADE THE COUNTRY GREAT —
    IS VIRTUALLY EMBEDDED IN TRUMP’S “MAKE AMERICA GREAT AGAIN” SLOGAN.
    ——————————————————–
    2016 TRUMP’S SILENT MAJORITY
    DURING HIS CAMPAIGN FOR THE PRESIDENCY IN 2016 ON THE CAMPAIGN TRAIL, TENS OF THOUSANDS OF AMERICAN VOTERS ARE SHOWING UP AT HUGE RALLIES AT EVERY STOP.
    MR. TRUMP’S REPEATED USE OF “SILENT MAJORITY” IS THRILLING TO AND FOR THE TENS OF THOUSANDS, MILLIONS? OF OVERLOOKED AMERICAN PEOPLE THAT WANT TO STAND UP, VOTE AND RECLAIM THE VALUES THAT ONCE MADE THE COUNTRY GREAT —
    IN TRUMPS CAMPAIGN SPEECHES, HE CALLS FOR THE ” SILENT MAJORITY” TO SUPPORT HIM IN THIS GOAL:.
    THE SILENT MAJORITY OF MY FELLOW AMERICANS — I ask for your support. I HAVE PLEDGED IN MY CAMPAIGN FOR THE PRESIDENCY TO END THE WAR in a way that we could win the peace.
    I have a plan of action which will enable me to keep that pledge. the more support I can have from the American people, the sooner that pledge can be redeemed;
    FOR THE MORE DIVIDED WE ARE AT HOME.
    THE LESS LIKELY THE ENEMY IS TO NEGOTIATE IN PARIS.

    —–
    MOST NOTABLY ARE TRUMPS POLICY FOR “DEALING” WITH,

    THE MANY UNRESOLVED IMMIGRATION THREATS,

    THE ISIS TERRORISTS IMMIGRATION VETTING PROCESS,

    CLOSING OUR BORDERS TO THOSE WHO THREATEN AMERICAN CITIZENS BOTH PHYSICALLY AND ECONOMICALLY,

    BUILDING FENCES KEEPING OUT ILLEGALS , AND

    DIPLOMATIC SOLUTIONS WITH COMMUNIST CHINA, AND DIPLOMATIC SOLUTIONS WITH THE SOVIET UNION.
    ——————————————————————–
    IN 1968 RICHARD NIXON WAS ELECTED PRESIDENT
    IN 1972 THE SILENT MAJORITY WAS NOT SILENT,

    RICHARD NIXON WAS REELECTED BY ONE OF THE LARGEST LANDSLIDES IN U.S. HISTORY.
    ——————————————————————————–
    BASED ON THE LATEST POLLS JAN 24, 2016, THE “SILENT MAJORITY” OF AMERICAN PEOPLE, ARE GOING TO STAND UP AND VOTE FOR TRUMP SO WE THE PEOPLE CAN RECLAIM THE VALUES THAT ONCE MADE THE COUNTRY OUR COUNTRY GREAT.

    —————————–
    THE “SILENT MAJORITY,” WHICH IS A PHRASE WITH A LONG HISTORY
    THE SILENT MAJORITY AS DEFINED 1933-1968-2016

    —————————————————————–

    ‘Silent Majority?’ Trump Supporters Weigh In – NPR

    www.npr.org/…/what-is-the-silentmajoritytrumpsupportersweigh-in

    NPR

    3 days ago – Donald Trump says he speaks for the “silent majority,” which is a phrase with a long history in politics. Iowa voters supporting Trump discuss …

     


  • Coerced by Federal Bathroom Laws?

    Basic Federal Education and Bathroom Laws

    The feds — specifically, the Education Department’s Office for Civil Rights — insist that drawing any distinction is sexual discrimination banned by Title IX of the basic federal education law. “The district continues to deny a (self identified?) female student the right to use the girls’ locker room,” charges Assistant Secretary for Civil Rights Catherine Lhamon.

    The feds have given the school 30 days to comply, or face enforcement action.

    COERCED BY FEDERAL BATHROOM LAWS?

    THE FEDS CAN WITHHOLD SIGNIFICANT CASH FROM PUBLIC SCHOOLS IF THEY DON’T. THE FEDS HAVE GIVEN THE PALATINE, ILL., HIGH SCHOOL 30 DAYS TO COMPLY WITH FEDERAL BATHROOM LAWS, OR FACE ENFORCEMENT ACTION.

    ———————————————————–

    My comment….
    Jan 10,  2015 THE FEDERAL ACT OF COERCEMENT.
    TO MAKE PUBLIC AMERICAN SCHOOLS, DO SOMETHING BY USING FORCE OR THREATS, FORCE OR THE POWER TO USE FORCE IN GAINING COMPLIANCE, AS BY A GOVERNMENT OR POLICE FORCE.

    “WE THE PEOPLE” MUST HOLD OUR ELECTED REPRESENTATIVE RESPONSIBLE FOR THE FEDERAL AND WA STATE BATHROOM LAWS AND RULES

    AS, NO AMERICAN CITIZEN COULD POSSIBLY BELIEVE THE U.S. CONGRESS OR THE WA STATE LEGISLATORS EVER INTENDED TO CREATE THEM

    ————————————————————

    Behind My Back | A WA State Bathroom Rule

    www.behindmyback.org/category/a-wastatebathroom-rule/

    2 days ago – … on wood burning. Category Archives A WA State Bathroom Rule … by Joseph Backholm, FPIW.org | January 6, 2016. Last week, news broke …

    ———————————————————-

    Dec 26, 2015….

    Washington Quietly Adopts New Transgender Policies

    dailysignal.com/…/washingtonquietly-adopts-new-transgender-bathroo…

    6 days ago – The House passed a reconciliation bill rolling back key provisions of Obamacare. … One day after Christmas, Washington state quietly adopted a set of new … The rules, adopted by the state Human Rights Commission, make it … to use the restroom that is consistent with their gender identity” and in most …

    JANUARY 8, 2016 WA STATE

    Gov. Inslee Won’t Answer Question About Bathroom Rule …

    www.fpiw.org/…/govinsleewontanswerquestion-about-bathroomrule

    3 days ago – FPIW communications director Zach Freeman talked with Gov. Jay Inslee

    —————————————————————————————-
    NOVEMBER 3, 2015 THE FEDS — specifically, THE EDUCATION DEPARTMENT’S Office for Civil Rights — insist that drawing any distinction is sexual discrimination banned by Title IX of THE BASIC FEDERAL EDUCATION LAW. “The district continues to deny a female student the right to use the girls’ locker room,” charges Assistant Secretary for Civil Rights Catherine Lhamon.

    Federal bureaucrats have no business rewriting the law to deny that reality. Nothing in US law suggests these “trans” rights, AND NO ONE COULD POSSIBLY BELIEVE CONGRESS EVER INTENDED TO CREATE THEM.

    Cultural “progressives” have embraced the transgender-rights agenda, but the public hasn’t. Yes, Americans today are more willing to play along with “I identify as” — BUT NOT TO THE POINT OF PRETENDING SEXUAL ORGANS DON’T EXIST.

    ——————————————————————–

    Uncle Sam’s insane push for transgender rights in school locker rooms

    By Post Editorial Board
    November 3, 2015 | 8:41pm
    Talk about lunatic overreach: The federal Education Department is bullying high schools across America to treat “trans” teens exactly as the sex they “identify” as — all the way up to using the same locker rooms and showers.
    Many schools have knuckled under, since the feds can withhold significant cash if they don’t. But one Illinois district is refusing to go along.
    Mind you, the Palatine, Ill., high school already lets the teen in question play on a girls’ sports team and even change in the same room, but in a curtained-off area. Staff refer to the student as “she,” and so on.
    The feds — specifically, the Education Department’s Office for Civil Rights — insist that drawing any distinction is sexual discrimination banned by Title IX of the basic federal education law. “The district continues to deny a female student the right to use the girls’ locker room,” charges Assistant Secretary for Civil Rights Catherine Lhamon.
    The feds have given the school 30 days to comply, or face enforcement action.
    Insanity squared:
    This railroads over other students’ privacy rights. However the kid in question “identifies,” that doesn’t change the reality of what others see in that locker room.
    Federal bureaucrats have no business rewriting the law to deny that reality. Nothing in US law suggests these “trans” rights, and no one could possibly believe Congress ever intended to create them.
    Cultural “progressives” have embraced the transgender-rights agenda, but the public hasn’t. Yes, Americans today are more willing to play along with “I identify as” — but not to the point of pretending sexual organs don’t exist.
    Look: The school has gone the extra mile to be accepting. (Is it fair to other players to let a biological male compete in a woman’s sport?) It’s just showing some respect for the views of other students — and their parents.
    The real offender here is the feds, by sending a strong and demeaning message to the rest of those girl athletes: Your privacy and your opinions don’t matter at all.


  • WOTUS “Water Runs Down Hill”

    WOTUS Water Runs Down Hill
    So, the LAW OF GRAVITY becomes the EPA WOTUS WATER LAW OF THE LAND?

    ———————————
    I DON’T NEED AN APPLE TO FALL ON MY HEAD TO UNDERSTAND THE GRAVITY OF WATERS OF THE UNITED STATES (WOTUS)

    Last year the administration wrote new definitions that would have subjected all waters (running down hill) within 4,000 feet of a navigable water to EPA review and control.

    —————–
    USGS WATER SCIENCE SCHOOL ” water returns to the earth from precipitation falling on the land, where “GRAVITY” either takes it into the ground as infiltration or it begins RUNNING DOWNHILL as surface runoff”

    ——————————-
    USGS WATER SCIENCE SCHOOL “NO MATTER WHERE ON EARTH WATER IS, IT TRIES TO FLOW DOWNHILL”

    (SO DO WETLAND WATERS JUST SEEP DOWNHILL?)

    ———————————-
    The Environmental Protection Agency says ANY BODIES OF WATER near a river, or standing water that can affect waterways will (RUN DOWN HILL AND) fall under federal regulation.

    ————————–
    NO MATTER WHERE ON EARTH WATER IS, GRAVITY RUNS WATER DOWN HILL

    —————————–
    Indeed, science has proven that each water basin has its own land area of the water cycle, including its rainfall, its snow melt, recharging the aquifer, surface water, groundwater, rain that is absorbed into the soil RUNS DOWNHILL. Rain that is not absorbed by soil RUNS OFF DOWN THE HILL

    .——————–
    But how does much of the water get back into the oceans to keep the water cycle going?
    Indeed, the U.S. Geological Survey science tells us that 93 to 97 percent of well water used for domestic or irrigation purposes, RUNS DOWN HILL and is returned to the watershed in the proximity of where it was withdrawn.

    And, ALL precipitation, rain and snow melt do the same, GRAVITY TAKES WATER DOWN HILL as infiltration or surface runoff.

    ————————————–
    The EPA says, the new rule applies to tributaries and ANY BODIES OF WATER (that runs downhill) near rivers that (run down hill and ) “COULD” seep into waterways and “AFFECT THE ENVIRONMENT”
    ———————————————————————————
    PLF UNDERSTANDS THE GRAVITY OF  (WOTUS)

    Pacific Legal Foundation (PLF) lawsuit challenges Obama Administration’s new
    “waters of United States” power grab

    WOTUS rule – Pacific Legal Foundation
    https://www.pacificlegal.org/wotus
    Pacific Legal Foundation
    PLF Principal Attorney M. Reed Hopper, who successfully argued the … We will alert you when we file our lawsuit — and keep you posted along the way, as we …
    —————————————————————-
    Judge blocks Obama EPA rule as federal power grab over state waters A federal court has granted 13 states a stay on the orders while it examines a lawsuit.

    ——————————-
    THE SUIT IN QUESTION WAS FILED BY 13 STATES (ALASKA, ARIZONA, ARKANSAS, COLORADO, IDAHO, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW MEXICO, NORTH DAKOTA, SOUTH DAKOTA AND WYOMING),
    which claimed, among other things, that the WOTUS rule is a threat to state sovereignty because it asserts federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)that should be subject to state government control. As a general matter (and as the Supreme Court has recognized) land-use control is generally beyond the scope of federal power. In this case, the district court concluded that the states were likely to succeed on the merits as the EPA had adopted an “exceptionally expansive” view of its own jurisdiction under the CWA. According to the court, the WOTUS rule “allows EPA regulation of waters that do not bear any effect on the ‘chemical physical, and biological integrity’ of any navigable-in-fact water,” and therefore exceeds the limits on federal regulatory authority identified by the Supreme Court in Rapanos.
    The EPA, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country.

    —————————————————
    OUR WA State legislators “DID  NOT OBJECT” to WOTUS federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)
    Washington State attorney General “DID NOT” file a law suit against WOTUS on behalf of the citizens of WA State.
    Washington State attorney General “DID” file lawsuits against ONE Superbowl ticket vendor, Arlene’s Flowers, and Hanford.

    A federal court has granted 13 states a stay on the orders while it examines a lawsuit.

    WA STATE IS NOT PART OF THE WOTUS LAWSUIT
    ———————————————————————————-

    WA STATE GOVERNMENT IS BOUND BY THE GRAVITY FED TRICKLE DOWN EFFECT of WOTUS federal jurisdiction over WETLANDS AND WATERS.
    Indeed, WA State Dept. of Ecology MUST FIRST ADOPT AND DESIGNATE THE SHORELANDS AND WETLANDS ASSOCIATED WITH ANY BODIES OF WATER, within 4,000 feet of a navigable water, including wetlands near a river, lake, saltwater, or standing water, that (run down hill) can affect waterways (run down hill and) “COULD” affect the environment, that shall fall under the WOTUS Environmental Protection Agency Clean Water Act and become subject to EPA review and control.

    ——————————-
    So, September 2, 2015 WA STATE DEPT. OF ECOLOGY filed the following rulemaking with the Office of the Code Reviser: Rule preproposal
    (using only online public notification?)

    ADOPTION OF DESIGNATIONS OF SHORELANDS AND WETLANDS ASSOCIATED WITH SHORELINES OF THE STATE (WAC 173-22)
    ———————————————————————————
    What’s Up With WOTUS?
    9/3/2015
    Implementation of the Clean Water Rule: Definition of “Waters of the United States” (usually referred to as the WOTUS rule) was set to become effective on August 28, 2015. Several lawsuits were filed by agricultural groups, among others, requesting a preliminary injunction, or order, to halt the rule’s implementation until lawsuits could be settled. Late in the afternoon on August 27, a District Court judge in North Dakota issued a preliminary injunction stopping the WOTUS rule from going into effect for thirteen states, including Nebraska.
    FOR ALL OTHER STATES WHO DIDN’T HAVE PRELIMINARY INJUNCTIONS ISSUED, THE RULE TOOK EFFECT AS PLANNED ON AUGUST 28, 2015.

    Why were lawsuits filed against the EPA and Army Corp of Engineers (CORP) following release of the final WOTUS rule? Several lawsuits were filed following publication of the final WOTUS rule in the Federal Register.

    Twenty-seven states, along with industries from petroleum to construction, and agricultural groups such as the American Farm Bureau Federation, National Cattlemen’s Beef Association, National Corn Growers Association, and National Pork Producers Council all filed separate lawsuits. These numerous lawsuits have since been consolidated into a single lawsuit that identifies three arguments for vacating the rule.

    The first argument is that the finalized WOTUS rule exceeds the intended purposes of the Clean Water Act and represents an unconstitutional overreach by the federal government on land. Second, the rule-making process is designed to give the public an opportunity to comment on all aspects of a rule. In this case, EPA added items to the final rule that were not in the proposed rule.

    The third, and perhaps most concerning argument, is that the EPA may have inappropriately worked with environmental activists to lobby for the rule and support the agency’s agenda. If true, this represents an abuse of the federal rulemaking process by the EPA.

    What does the temporary injunction mean for Nebraska farmers? It means that, for now, the status quo will be maintained. So current guidance documents and existing regulations for making “jurisdictional determination” will continue to be used by the Corp. New definitions and parameters outlined in the WOTUS rule will not be part of the Corp’s checklist when making these determinations in Nebraska. Jurisdictional determination simply means that the Corp reviews the necessary checklist regarding features of a water body, and possibly conducts an on-site inspection, to make a decision about whether the water body should be under their jurisdiction as “waters of the U.S.”

    The temporary injunction does not halt the rule entirely; it simply postpones implementation of the rule until legal proceedings are completed (which could take months or even years as we saw with the new AFO/CAFO regulations a few years back).

    If the pending lawsuits are not successful, and the WOTUS rule is eventually implemented in Nebraska, it remains to be seen what parts of the rule will remain and which will not. In Nebraska, we’ll cross that bridge when we get there.
    Source: Amy Millmier Schmidt, UNL Livestock Bioenvironmental Engineer
    ————————————————————————————
    By Jonathan H. Adler August 28, 2015
    UPDATE: On Friday, the plaintiff states informed the court that the U.S. EPA had announced it would continue to apply the WOTUS rule in states that did not challenge the injunction.

    Late Friday, the district court responded with an order for supplemental briefing on whether the injunction “applies nationally or in a limited geographic area.” Briefs are due on Tuesday, September 1.
    ———————————————————————
    CALIFORNIA IS NOT PART OF THE LAWSUITS
    California Farmers Claim EPA Water Rules Extend To Dirt Fields
    August 31, 2015 6:22 PM
    SAN JOAQUIN COUNTY (CBS13) — Farmers say federal regulators are going too far and are taking away their water and chipping away at their property rights under a new rule.
    The Environmental Protection Agency says any bodies of water near a river, or standing water that can affect waterways will fall under federal regulation.
    Since the 1980s, the EPA has regulated any water you can navigate through, including rivers and large lakes. But the new Clean Water Act Rule will add smaller bodies of water to the government’s oversight.
    Bruce Blodgett with the San Joaquin Farm Bureau says the new rule would include any standing body of water, and dry land that can potentially hold water.
    “This field is a great example,” he said. “This dirt field would now be ‘waters of the U.S.’ under this proposed rule.”
    The bureau says the new rule allows the government to require farmers to get permits to farm from the U.S. Army Corps of Engineers.
    “We have a lot of fields that are fallow, sitting idle this year, because of the drought,” he said. “That will enable the Corps to come after those lands when they try to bring them back into production next year saying, ‘No, those are now waters of the U.S.’”
    Under the new Clean Water Act rule, the bureau claims any private property with a pond and any farm with an irrigation district is now under federal regulation.
    But the EPA says, that’s not true. It says the new rule applies to tributaries and water near rivers that could seep into waterways and affect the environment . The agency says it’s not going after ponds and won’t interfere with farm irrigation. It says ditches that are not constructed in streams and that flow only when it rains are not covered.
    A federal court has granted 13 states a stay on the orders while it examines a lawsuit. California is not part of the lawsuits, but farmers are watching.