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  • Category Archives FACTS are troublesome things
  • SMP Update Thank you for your comments

    Dec 10, 2017, Many SMP Update public comments of concern have been lost in the arbitrary DCD cut off dates shuffle.

    To insure that these public concerns shall be considered  by the Clallam County BOCC

    I am resubmitting  29 questions and comments for documentation of PUBLIC CONCERN on the Clallam County SMP update from just one Public Forum July 14, 2011

    Unfortunately, many of these public concerns are still valid on  Dec 10, 2017

    SPECIFIC CONCERN  July 14, 2011 and Dec 10, 2017

    1. Competency and reliability of ESA reports on, inventories, flood plains, critical areas, buffers and setbacks?
    2. Will owners of the property be required, at their own expense, to prove the ESA data is inaccurate? when ESA has a disclaimer on the maps and “May be up to 100 feet off”?

    Actual SMP map disclaimer ESA states:

    Map data shown here are property of the listed sources, inaccuracies may exist, and ESA implies no warranties or guarantees regarding any aspect of data depiction.

    Answer, Yes, property owner will have to disprove inaccurate data at their own expense.

    And…. 12. An additional question on property will be required, at their own expense? to prove the ESA Map data is inaccurate?

    —————————————–

    IF YOU ARE  CONCERNED ABOUT THE SMP UPDATE  THERE IS STILL TIME TO SEND YOUR COMMENTS TO THE BOCC smp@co.clallam.wa.us

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    Back in the day, we received email notification…

    AND THEY SAID….

    Thank you for your comments.

    These will be considered and included in the SMP comment file, as per requirements.

    Hannah Merrill

    DCD Natural Resources Planner
    Clallam County Dept. of Community Development
    223 East 4th Street, Suite 5; Port Angeles, WA  98362-3015
    T:  360-417-2563  W:  http://www.clallam.net/RealEstate/html/shoreline_management.htm

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    You have received this message as a member of the Clallam County Shoreline Master Program (SMP) Interested Parties Email Distribution List.    All emails sent to this address will be received by the Clallam County email system and may be subject to Public Disclosure under Chapter 42.56 RCW and as such may be viewed by parties other than the intended recipient.

    From: pearl hewett [mailto:phew@wavecable.com]
    Sent: Saturday, September 10, 2011 9:24 AM
    To: zSMP
    Cc: earnest spees; Jo Anne Estes
    Subject: PUBLIC COMMENT REPORT ON SMP Public Forum July 14, 2011

    I submit this documentation of PUBLIC CONCERNS on the Clallam County SMP update.

    As a  general public Comment

    Pearl Rains Hewett

    Trustee George C. Rains Sr. Estate

    Invited SMP Citizens Advisory Committee Member

    Thursday:  July 14, 2011 – SMP Public Forum, John Wayne Marina, 2577 West Sequim Bay Road, Sequim, 1:00-3:30 p.m.

    With about 35 people in attendance The following questions were asked of Department of Community Development Steve Grey, Consultant Jim Kramer and ESA Nathan.

    1. The purpose for the Shoreline inventory and characteristic report is?
    2. The purpose for the SMP update is?
    3. Mandate deadline for SMP update ?
    4. What is the 200 foot set back?

    Answer, the 200 foot set back is WA State law, development can occur within the 200 foot set back, with special permitting.

    1. City, County SMP compliancy who’s jurisdiction?
    2. Request for slides of maps?
    3. Where to send written comments?
    4. Competency and reliability of ESA reports on, inventories, flood plains, critical areas, buffers and setbacks?
    5. Will owners of the property be required, at their own expense, to prove the ESA data is inaccurate? when ESA has a disclaimer on the maps and “May be up to 100 feet off”?

    Actual SMP map disclaimer ESA states:

    Map data shown here are property of the listed sources, inaccuracies may exist, and ESA implies no warranties or guarantees regarding any aspect of data depiction.

    Answer, Yes, property owner will have to disprove inaccurate data at their own expense.

    1. What is the concept of law, regarding “NO NET LOSS?”
    2. Is the shoreline inventory and characteristic report to determine the base line for loss and consequences with regard to “NO NET LOSS?
    3. An additional question on property will be required, at their own expense? to prove the ESA Map data is inaccurate?
    4. Comment, SPM, good information, good access and good to have public involvement at meetings.
    5. Many web sites, which one do I use?
    6. Development, with regard to loss of wildlife habitat?
    7. Do you use any of the things learned by Jefferson County SMP guidelines? Reports related to It created levels of public anxiety?
    8. Will Clallam County just rubber stamp other SMP’s information and just do it any way?
    9. Is the SMP udate just cut and dried?
    10. Will we have input, considering that the impaired water quality on the lower Dungeness has been proven to be 75% bird poop and 25% people related?

    Answer, we can’t control the birds and can just focus on what can be controlled.

    As, Pearl Rains Hewett  I had a problem being recognized by Steve Grey and Jim Kramer to be allowed to speak.

    It was not mentioned that I was a member of the Invited SMP update committee.

    I made (2) comments and asked (1) question during the 2 1/2 hour meeting.

    My comment, Per HB 1478 after receiving a grant for the SMP, a county has 2 years to complete their update.

    My comment, shrinking open space habitat has forced animals to use freshwater reaches for travel, causing further non- people related impairment of water quality.

    1. My question, How is permitting usage done on the 200′ set back required by WA State law? By the County? Shoreline exemption Permit? Or running the full gauntlet with the DOE?

    21.Questioning the validity of the predicted 18,000 increase in population growth?

    1. How does the SMP setback affect our out buildings? rebuild, improve, maintenance?

    Answer, non-conforming improve, maintenance, no problem. If over 50% of a non-conforming structure burns down, no rebuilding is permitted.

    1. Does the same apply to bulkheads?

    Answer, maintain, repair ok, but eventually DOE wants all removed. There is protection for single family dwellings. The DOE wants soft bulkheads.

    1. Where do you expect the population increase?
    2. Flexibility of shellfish protection, shoreline uses, setbacks?
    3. How will the merging of the Shoreline inventory and Characteristics with zoning be handled?

    Answer, fairly, East to West. Forest land is not the same as conservative.

    1. Suspicious of DOE/ SMP pattern of control, start with minimum impact, go to NO NET LOSS, go to enhance, end up with restoration?

    Answer, our duty is to protect, restoration is not required by law.

    1. “IF NOT YET? Then when?

    Answer, Priorities for restoration, Elwha, remove homes, Success of restoration of Jimmy Come Lately Creek, Elwha move levees back.

    1. Comment and Question, only a 200 foot set back? Shouldn’t it be more like 300 feet?

    Answer, Sometimes it is, take the flood plain add the wet land and it can be more.

    The questions are for documentation of PUBLIC CONCERN on the SMP update.

    Pearl Rains Hewett

    Trustee George C. Rains Sr. Estate

    Invited SMP Citizens Advisory Committee Member

    ————————————————————–

     

    DEC 10, 2017 SPECIFICALLY THANK YOU SMP COMMITTEE

    Thank you for your comments.

    MERRY CHRISTMAS

    These will be considered and included in the SMP comment file, as per requirements. (NOT)

     SMP Committee – Clallam County, Washington

    www.clallam.net/LandUse/smp_advcomm.html

    THANK YOU SMP COMMITTEE FOR YOUR TIME, … Clallam County SMP Update: … Welcome Letter; Meeting Agenda – April 11, …

    Shoreline Master Program (SMP) Committee

    THANK YOU SMP COMMITTEE

    FOR YOUR TIME, DEDICATION And

    ATTENTION TO DETAIL,

    COMPREHENSIVE COMMENTS,

    EXTRAORDINARY EFFORTS,

    EXTENSIVE INPUT,

    and HARD WORK!

    SMP Update  the so called Citizens Advisory Committee  Welcome Letter


  • Clallam Co SMP Sucked in by RCW 90.58.110

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

    NOV 14, 2017 QUESTION, Were the citizens of Clallam County, and our pristine private shoreline property,  just sucked into the contract with ESA Adolfson , by a process of coordination, linked to Jefferson County, Port Townsend and Sequim for consistency and compliance?

    DEC 8, 2017 DISCOVERY

    YES INDEED, … CLALLAM COUNTY WAS SUCKED IN BY RCW 90.58.110

    Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when.

    (1) Whenever it shall appear to the director that a master program should be developed for a region of the shorelines of the state which includes lands and waters located in two or more adjacent local government jurisdictions, the director shall designate such region and notify the appropriate units of local government thereof. It shall be the duty of the notified units to develop cooperatively an inventory and master program in accordance with and within the time provided in RCW 90.58.080.

    (2) At the discretion of the department, a local government master program may be adopted in segments applicable to particular areas so that immediate attention may be given to those areas of the shorelines of the state in most need of a use regulation.

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    Did Clallam Co need an SMP Update in 2010?

    Posted on November 6, 2017 5:31 pm by Pearl Rains Hewett Comment

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

    I THINK NOT.

    SMP PUBLIC COMMENT #584   022415 – DeptOfInterior       

    snippet

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

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

    YES INDEED, …

    WHEN IT APPEARED TO THE DIRECTOR

    AND, THE DIRECTOR DESIGNATED,

    AND, THE DIRECTOR NOTIFIED

    AND THE 2017 CLALLAM COUNTY SMP UPDATE WAS SUCKED INTO

    BY THE DIRECTOR USING THEIR “SHALL” POWER UNDER RCW 90.58.110

    Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when.

    (1) Whenever it shall appear to the director that a master program should be developed for a region of the shorelines of the state which includes lands and waters located in two or more adjacent local government jurisdictions, the director shall designate such region and notify the appropriate units of local government thereof.

    It shall be the duty of the notified units to develop cooperatively an inventory and master program in accordance with and within the time provided in RCW 90.58.080.

    (2) At the discretion of the department, a local government master program may be adopted in segments applicable to particular areas so that immediate attention may be given to those areas of the shorelines of the state in most need of a use regulation.

    ———————————————————————————–

    RECOGNIZING THIS FACT,  

    So long, as my name is Pearl Rains Hewett (AKA Pearl Revere) I shall continue running through cyber space with red flag warnings, asking questions and disseminating documented facts.

    AND LAYING DOWN THE LAW ON THE CLALLAM COUNTY SMP UPDATE.

    SEND YOUR COMMENTS TO THE BOCC smp@co.clallam.wa.us


  • 2017 SMP Exposing DOE’s Abuse of Citizenry

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

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

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

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

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

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

    Snippet…

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

    ————————————————————

    My quote,

    2017- Hello Country Bumpkins…

    ————————————————————

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

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

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

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

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

    DOE MICHELLE McCONNELL AND  ESA MARGARET CLANCY

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

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

    I’M A CONCERNED CITIZEN… JUST ASKING

    DOE ABUSE? COLLUSION?  OR JUST BEING GOOD SHEPHERDS?

    —————————————————————————

    IT ONLY TAKES TWO TO RAKE IN THE DOUGH

    DOE MICHELLE McCONNELL AND  ESA MARGARET CLANCY

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

    INCLUDING  PIERCE COUNTY,

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

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

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

    —————————————————————————–

     REDISCOVERING, DOCUMENTING, EXPOSING AND DISSEMINATING

    Full unedited text

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

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

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

    April 21, 2014

    Glen Morgan
    Adjunct Fellow

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    “Rabble”

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

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

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

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

    ———————————————————————————

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

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

    What will happen who knows?

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

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

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

    MUST NOT BE…..

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


  • 2017 SMP Draft New Black Lines and Purple

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

    SO WHAT’S NEW ABOUT THAT?

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

    Question: “Why use Color Book?”

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

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

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

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

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

    WHO’S ACCOUNTING FOR THE MONEY?

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

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

    DISCOVERY  From: Clallam County Public Records Center

    To: phew@wavecable.com

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

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

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

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    December 6, 2011 Cathy Lear comments on the SMP Update

    HELLO COUNTRY BUMPKINS…

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

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

    We cannot assume everyone speaks the language of academic society.  

    ———————————————————————–

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

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

    ——————————————————–

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

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

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

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

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

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

    We spoke for about an hour…

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

    The bottom line… pretty much went like this.

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

    WHY WOULD ANYONE BELIEVE YOU?

    —————————————————————————

    DISCOVERY CONTINUED….

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

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

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

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

    —————————————————————————-

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

    —– Original Message —–

    From: pearl hewett

    To: Mary Ellen Winborn

    Cc: Bill Peach ; mark mozias ; Randy Johnson

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

    Subject: Requesting a copy of the 2017 SMP Update Draft

    ——————————————————————————–

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

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

    LINKS TO PUBLIC DISCLOSURE DOCUMENTS….

    —– Original Message —–

    From: Clallam County Public Records Center

    To: phew@wavecable.com

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

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

    Friday, November 03, 2017 9:09 AM

    Subject: Public Records Request :: P004384-103017

     

    Attachments:
    signed_ESA_full_contract-22_pgs.pdf
    SMA_Grant_Agr_G1000062.pdf

    From: Clallam County Public Records Center

    To: phew@wavecable.com

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

    Subject: Public Records Request :: P004411-110317

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

    ——————————————————————————–

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

    HAS IT BEEN EXTENDED IN AND FOR  2017?

    —————————————————————————-

    BACK TO THE 2017 DCD SMP UPDATED DRAFT …

    What have I done about it?

    DISCOVERY PLUS… a huge number of SMP Public Comments

    PLUS…..

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

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

    I met with Commissioner Mark Ozias on Nov 3, 2017

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

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

    PLUS…..

     I AM POSTING AND EMAILING THIS SMP PUBLIC COMMENT

    —————————————————————–

    WHAT ARE YOU GOING TO DO ABOUT IT?

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

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

    What will happen in eight months? who knows?

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

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

    DISCOVERY to be continued….

    ———————————————————————————–

    RE-DISCOVERY MY SMP PUBLIC COMMENT APRIL 18, 2012

    GIVE THEM AN INCH AND THEY’LL TAKE A MILE

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

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

    BUT? What has Clallam County got to lose?

    RCW 90.58.290

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

    [1971 ex.s. c 286 § 29.]

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

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

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

    I submit this as my SMP comment

    Pearl Rains Hewett Trustee

    George C. Rains Sr. Estate

    Member SMP Advisory Committee

    TO WHOM IT MAY CONCERN

    Grandfathered is non-conforming.

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

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

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

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

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

    2013 OLYMPIC PENINSULA CLASSIFIED AD

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

    100FEET X400FEET

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

    This is a 100% non-conforming lot

    There is a 175 foot setback from the HWL

    The is a 150 setback from the feeder bluff

    There is a 65 foot wetland setback

    There is a 50 foot buffer zone

    There is a 10 foot setback from buildings

    THE GOOD NEWS

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

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

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

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

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

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


  • Did Clallam Co need an SMP Update in 2010?

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

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

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

    I THINK NOT.

    ————————————————————————-

    —– Original Message —–

    From: pearl hewett

    To: earnest spees

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

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

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

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

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

    On the 18 Marine reaches

    Contaminated sites they found (3)

    Impaired water quality sites (12)

    Impaired water caused by temperature (4)

    On the 64 Freshwater reaches

    Contaminated sites

    (1) contaminate site on the R3 Dungeness,

    Several on R1 Elwha (how many is several?)

    (2) on the R2 on the Hoko.

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

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

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

    COLD ENOUGH?

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

    Perhaps 50 years ago the water WAS cold enough?

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

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

    THEY ARE DREAMING….

     NOW, NO NET LOSS

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

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

    GET BETTER

    Pearl

    —————————————————————

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

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

    SMP PUBLIC COMMENT #584   022415 – DeptOfInterior       

    snippet

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

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

    THEY WHO?  THERE IS NO SIGNATURE ON THE COMMENT?

    THEY, GO ON TO SAY….

    THE MINIMUM NECESSARY IS A VAGUE TERM…

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

    ————————————————————————

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

    —————————————————————————————

    From: pearl hewett

    To: smp@co.clallam.wa.us

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

    Subject: Fw: SMP COMMENT ON CONTAMINATED SITES

    SMP COMMENT ON CONTAMINATED SITES

    WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS

    On the 18 Marine reaches

    Contaminated sites

    they found (3) 

     ———————————————

    On the 64 Freshwater reaches

    Contaminated sites

     (1) contaminate site on the R3 Dungeness,

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

     (2) on the R2 on the Hoko.

     With all of the SMP concern about contaminated sites

    These are the FACTS

     Why is Green Crow the only contaminator mentioned by name?

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

     Pearl Rains Hewett

     ————————————————————-

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

    ———————————————————————————–

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

    My comment below shall not.

    SMP Public Comment #162

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

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

    Based on ECOLOGY’S own  2010 Characterization and Inventory  report

    Based on the  best available science from 1992?

    I THINK NOT.

    WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS

    SMP PUBLIC COMMENT ON CONTAMINATED SITES

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

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

    ON THE 64 FRESHWATER REACHES CONTAMINATED SITES

    (1) contaminate site on the R3 Dungeness,

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

    (2) on the R2 on the Hoko.

    With all of the SMP concern about contaminated sites

    These are the incomplete, censored scientific facts

    Why is Green Crow the only contaminator mentioned by name?

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

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

    Pearl Rains Hewett

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

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

    COMMENT ON

    WRIA 17-19 SHORELINE INVENTORY AND CHARACTERISTICS

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

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

    Impaired water caused by temperature (4)

    —————————————————————-

    On the 64 Freshwater reaches CONTAMINATED sites

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

    Several on R1 Elwha (how many is several?)

    (2) on the R2 on the Hoko.

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

    On the 64 Freshwater reaches

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

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

    Pearl Rains Hewett

    Member SMP Advisory Committee

    —————————————————————————

    ECOLOGYS 10 Unanswered questions  from July 12, 2012

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

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

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

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

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

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

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

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

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

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

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

    ——————————————————————————–

    SMP Handbook: Chapter 7, Shoreline Inventory and Characterization

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

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

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

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

    —————————————————————————-

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

    NONE period.

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

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

     

    Merrill, Hannah

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

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

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

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

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

    ; robert crittendend; Lois Perry; Sue Forde

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

    Dear Ms. Hewett:

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

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

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

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

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

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

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

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

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

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

    Sincerely,

    Jeffree Stewart

    Shoreline Specialist

    Washington Department of Ecology

    360-407-6521

    ————————————————————————————–

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

    BASED ON ECOLOGY’S 2010 DOCUMENTED CHARACTERIZATION AND INVENTORY  REPORT

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

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

    I THINK NOT.

    —————————————————————–

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

     ABSOLUTELY NOT

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

    The bottom line

    WHAT NEEDS TO BE DONE NOV 7, 2017

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

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


  • Discovery Clallam Co SMP Update 2009-2017

    Discovery on the Clallam County SMP Update 2009-2017

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

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

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

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

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

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

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

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

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

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

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

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

    Attachments:
    Hewett_doc_pdf.pdf

    Attachments:
    signed_ESA_full_contract-22_pgs.pdf
    SMA_Grant_Agr_G1000062.pdf

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

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

    ———————————————————————————————

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

    Re: The DCD 2017 SMP Draft Update

    —– Original Message —–

    Fromxxxx

    To: pearl hewett

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

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

    It’s good to hear from you Pearl

    ———————————————————————————-

    Re: The DCD 2017 SMP Draft Update

    April 12, 2011 DISCOVERY on Nov 2, 2017

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

    —– Original Message —–

    From: pearl hewett

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

    Subject: Re: Clallam County Shoreline Master Program

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

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

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

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

    They want clarification and specific requirements on the revised SMP.

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

    FYI

    Pearl

    —————————————————————————

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

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

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

    —– Original Message —–

    From: pearl hewett

    To: Mary Ellen Winborn

    Cc: Bill Peach ; mark mozias ; Randy Johnson

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

    Subject: Requesting a copy of the 2017 SMP Update Draft

    To DCD Director Mary Ellen Winbourn

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

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

    Pearl Rains Hewett

    RE: SMP Update Advisory Committee

    (360) 417-9452

    235 W 5th St

    Port Angeles WA 98362

    ———————————————————————

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

    —————————————————————-

    DISCOVERY April 17, 2011

    ESA ADOLFSON WA STATE SMP COOKIE CUTTERS

    SMP COOKIE CUTTING April 17, 2011

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

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

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

     April 17, 2011

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

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

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

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

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

    AND THIS IS WHAT HAPPENED …..

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

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

    ——-

    DISCOVERY  Jefferson County – Michelle McConnell leaves for Ecology

    Posted on March 30, 2014 by Al B.

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

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

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

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

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

    —————————————————————————

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

    050511 – PHewett – G

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

    ——————————————————————-

    MY DISCOVERY on the DCD SMP Draft Update

    —– Original Message —–

    From: pearl hewett

    To: Jim Kramer

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

    Subject: Re: Taking of Private Property for Public Access

    Jim,

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

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

    Eight months ago, I had no voice.

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

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

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

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

    Pearl

    ————————————————————————————

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

    EIGHT YEARS  ago, I had no voice.

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

    WHAT HAPPENED IN THE LAST  EIGHT YEARS? 

    DISCOVERY AND MORE DISCOVERY AND MORE….

    Behind My Back | SMP Update-Six Years of Frustration

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

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

    SMP Update Eight Years of Frustration

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

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

    ————————————————————

    What will happen in eight months? 

    November 03, 2017 8:02 AM

    Subject: Educate the BOCC

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

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

    I met with Commissioner Mark Ozias on Nov 3, 2017

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

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

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

     I THINK NOT!

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

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

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

    What am I doing on Nov 3, 2017?

    Sending these documents to the  BOCC 

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

    —————————————————————

    What will happen in eight months? who knows?

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

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

    DISCOVERY to be continued….

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

     


  • SMP Update Eight Years of Frustration

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

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

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

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

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

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

    State Review and Approval

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

    Bellevue

    Northwest

    Complete

    Underway

    Contact:
    Joe Burcar
    425-649-7145

     

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

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

    Click on the link below to find out.

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

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

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

    —————————————————————————————

    HOW SMP THINGS WORK…  OR NOT

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

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

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

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

    ———————————————————————————

    BELLEVUE THE BOTTOM LINE AFTER NINE YEARS OF SMP UPDATE FRUSTRATION

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

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

    —————————————————————————–

     Behind My Back | SMP Update-Six Years of Frustration

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

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

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

    SMP UPDATE – SIX YEARS OF FRUSTRATION

    I submit this as a Clallam County SMP Update Public Comment

    August 18, 2014

    Pearl Rains Hewett

    Member of the Clallam County SMP Update Committee

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

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

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

    ————————————————————————————-

    THE BOTTOM LINE AFTER SIX YEARS OF SMP UPDATE FRUSTRATION

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

    ————————————————————————–

    documented history

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

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

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

    The purpose of the August 4, 2014 PUBLIC

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

    —————————————————————–

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

    ———————————————————————————-

    THE BOTTOM LINE AFTER SIX YEARS OF SMP UPDATE FRUSTRATION

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

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

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

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

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

    Richard L. Settle

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

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

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

    —————————————————————————————

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

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

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

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

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

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

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

    1.Public Access

    The Council-requested variation to the Planning Commission

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

    Attachment A.

    2.Park Development.

    The Council- requested variation to the Planning Commission

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

    Under this variation, Meydenbauer Bay Park would be

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

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

    Attachment B.

    3.Determination of Ordinary High Water Mark.

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

    The fixed elevation would be

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

    Attachment C.

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

    5.Residential Moorage.

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

     City Council

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

    Planning Commission

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

    Response to Questions by the Washington Sensible Shoreline Alliance

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

    ——————————————————————————-

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

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

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

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

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

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

    —————————————————————————————

    Jul 20, 2013

    BELLEVUE SHORELINE PLAN ADVANCES

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

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

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

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

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

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

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

    Mar 13, 2014

    COUNCIL TO DIGEST SHORELINE PLAN

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

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

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

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

    ——————————————————————————————–

    Apr 30, 2014

    Council has more questions about shoreline plan

    —————————————————————————————

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

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

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

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

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

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

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

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

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

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

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

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

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

    ——————————————————————————-

    (I have added this information)

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

    Richard L. Settle

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

    —————————————————————————————

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

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

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

    ————————————————————————————————–

     

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

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

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

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

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

    ————————————————————————————————-

    Jul 16, 2014

    Shoreline plan set for August public hearing

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

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

    Public access

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

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

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

    Park development options

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

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

    High water mark

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

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

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

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

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

    Setbacks, buffers and vegetation conservation

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

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

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

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

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

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

    BRANDON MACZ,  Bellevue Reporter Staff Writer

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

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

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

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

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

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

    —————————————————————————————

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

    AN AREA OF FOCUS BY THE BELLEVUE PLANNING COMMISSION

    FOR MORE THAN FIVE YEARS,

     a process that was slated for completion in 2010

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

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

    THE BOTTOM LINE AFTER SIX YEARS OF SMP UPDATE FRUSTRATION

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

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

    Related Stories

     

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

     


  • behindmyback.org WA State DOE SMA 1971

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

    1971 Rod Mack:

    ENVIRONMENTAL PERSPECTIVE is one of many perspectives,

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

    IN THE SMALLER, LESS AFFLUENT
    COMMUNITIES—

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

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

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

    —————————————————————-

    2017 Pearl Rains Hewett:

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

    ———————————————————————-

    President Trump was elected Nov 8, 2016 because

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

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

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

    TRICKLE DOWN FEDERAL JOB KILLING REGULATIONS. period

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

    ———————————————————————————–

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

    SMP and Water 1970-2013

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

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

    ———————————————————

    NOV 17, 2014 I POSTED IT AGAIN…..

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

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

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

    ——————————————————————-

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

    WHAT AM I GOING TO DO ABOUT THAT…

    THE USUAL…

    ———————————————————–

     

    —– Original Message —–

    From: pearl hewett

    To: zSMP

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

    Subject: SMP and Water 1970-2013

     

    This is my public comment on the

    Clallam County SMP Update

    Pearl Rains Hewett

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

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

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

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

    IN 1971….

    In 1972 the SHORELINE MANAGEMENT ACT PASSED

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

    AND HOW MUCH FEDERAL MONEY?

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

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

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

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

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

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

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

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

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

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

    A much lesser role of STATE AND LOCAL government?

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

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

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

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

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

    ————————————————————-

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

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

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

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

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

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

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

    shoreline development 259, 262, 264

    WA STATE WATER

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

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

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

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

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

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

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

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

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

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

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

    OCT 22, 2017


  • It’s Who They Are That Concerns Me

    THEY ARE THE GOVERNMENT’S BUREAUCRATS THAT INSTILLED FEAR IN THEIR OWN CITIZENS.

    THE PROGRESSIVE BUREAUCRATS, in WA DC, in Clallam County, WA State, Dept. of Ecology (DOE) and their globalist entourage etal. Paid, environmentalists’ Facilitators, including the United Nations Agenda.

    When the fearful citizens came forward  on Jan 26, 2011

    I said something.

    “When American citizen fear what their own government  is going to do to them, that is unacceptable to me.”

    At this point in time, Oct 17, 2017 why bother with the FEAR the Clallam County SMP Update caused, and became a matter of public record on Jan 26, 2011?

    ——————————————————————

    UPDATE JUNE 19, 2017

    IT’S  WHO THEY ARE THAT CONCERNS ALL OF US

    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?”

    THE CONCERNED CITIZEN SAID,

    “PEARL, WHAT ARE YOU GOING TO DO ABOUT THIS?”

    SO I DID THIS ABOUT THAT

      Behind My Back | June 20, 2017 Clallam County SMP Update

    www.behindmyback.org/2017/06/20/6755

    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 …

    ————————————————————————-

     WHAT HAVE I BEEN DOING ABOUT THAT? 2011-2017

    OVER 170 PUBLIC COMMENTS ON THE SMP UPDATE

    This is post # 1005 on my blog/website

      Behind My Back

    www.behindmyback.org

    Informing U.S. Citizens of how various government agencies are violating the Constitution, taking away private property rights, and infringing on American liberties …

    ——————————————————————–          

    THE PROGRESSIVE BUREAUCRATS REPUTATION PRECEDES THEM.

    ———————————————————————

    Progressive Economics: The Rise Of Bureaucracy In America – Forbes

    https://www.forbes.com/…/progressive-economics-two-americas-bureaucratic-arrogati…

    Oct 27, 2015 – Unelected bureaucrats promulgate more than ten times as many of the rules that Americans must obey as do our elected representatives.

    Regulation’s Stranglehold On Millennials’ Futures – Forbes

    https://www.forbes.com/sites/…/05/…/regulations-stranglehold-on-millennials-futures/

    May 25, 2015 – Americans are moving from obeying laws passed by elected bodies to REGULATIONS PROMULGATED BY UNELECTED BUREAUCRATS. These pages of …

    ————————————————————————–

    At this point in time, Oct 17, 2017  

    WHAT AM I GOING TO DO ABOUT THAT CLALLAM COUNTY SMP UPDATE.

    Make this post # 1005 on my blog/website

    And make another SMP Update Public Comment.

    AT THIS POINT IN TIME, Oct 17, 2017  

    WHY BOTHER WITH THAT CLALLAM COUNTY SMP UPDATE.

    BECAUSE I HAVE BEEN AN INTEREST PARTY SINCE JAN 26, 2011

    —– Original Message —–

    From: zSMP

    Sent: FRIDAY, OCTOBER 13, 2017 8:57 AM

    SUBJECT: PROPOSED CLALLAM COUNTY SHORELINE MASTER PROGRAM (SMP)

    INTERESTED PARTIES,

    You are receiving this notice because you are on the County’s Shoreline Master Program (SMP) Update email notification list. The County Planning Commission recommended to the Clallam County Board of Commissioners a Draft SMP (September 2017) to update and replace: (1) the existing 1976 SMP (last amended 1992); and (2) procedures for administration (e.g., permit process) of the SMP in Chapter 35.01, Shoreline Management, of the Clallam County Code (CCC).

    PUBLIC HEARING:  A public hearing on the recommended SMP before the Clallam County Board of Commissioners is scheduled for December 12, 2017 at 10:30 a.m., or as soon thereafter as possible in the Commissioners’ Meeting Room of the Clallam County Courthouse, 223 East 4th Street, Room 160, Port Angeles, Washington. All persons wishing to comment are welcome to either submit their written comments before the hearing is commenced or present written and/or oral comments in person during the public hearing. Written comments should be sent to the Clallam County Board of Commissioners, 223 East 4th Street, Suite 4, Port Angeles, WA 98362-3015, or emailed to:  SMP@co.clallam.wa.us

    REGIONAL PUBLIC FORUMS:  Prior to the public hearing, the County Dept. of Community Development will host 4 public forums to provide information on the SMP:

    Thursday, November 2, 2017 at 6:00 p.m.

    Sekiu Community Center, 42 Rice St., Sekiu WA

    Monday, November 6, 2017 at 6:00 p.m.

    Rainforest Arts Center, 35 N. Forks Ave., Forks WA

    Wednesday, November 8, 2017 at 6:00 p.m.

    Clallam County Courthouse, 223 E. 4th St., Port Angeles WA

    Tuesday, November 14, 2017 at 6:00 p.m.

    John Wayne Marina, 2577 W. Sequim Bay Rd., Sequim WA

    SUMMARY:  The SMP addresses compliance with the state Shoreline Management Act (SMA), RCW 90.58, and state SMP Update Guidelines (WAC 173-26).  It includes goals and policies, regulations for new development and uses, and administrative procedures (e.g., permit process).

    AREAS SUBJECT TO SMP:  The SMP applies to all marine waters, reaches of rivers and streams where the mean annual flow is more than 20 cubic feet per second, and lakes and reservoirs 20 acres or greater in size that are under the jurisdiction of Clallam County and to lands adjacent to these water bodies (together with lands underlying them) extending landward 200 feet in all directions from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and associated wetlands and river deltas.  To consolidate regulations, the proposed SMP also includes the full extent of the mapped 100-year floodplain and land necessary for buffers to protect critical areas as defined in RCW 36.70A that are overlapping or otherwise coincident with the shoreline jurisdiction as allowed pursuant to RCW 90.58.030(2)(d)(i,ii). The City of Forks is also considering the SMP for rivers inside the city limits. Maps showing the approximate lateral extent of the shoreline jurisdiction and proposed shoreline environmental designations are found in Exhibit A-Shoreline Maps of the proposed SMP.

    SMP DOCUMENTS AND INFORMATION: The Draft SMP—Planning Commission Recommendation (September 2017) is available for review at the Department of Community Development in the Clallam County Courthouse and on the County‘s SMP Update web page at:  http://www.clallam.net/LandUse/SMP.html

    The existing 1976 SMP (last amended 1992) and related administrative procedures in Chapter 35.01 CCC, Shoreline Management; supporting SMP Update documents including, but not limited to Shoreline Inventory and Characterization Reports, Shoreline Restoration Plan, Cumulative Impacts Analysis and No Net Loss Report, and Consistency Review Report; and other information are also available at the Department and on the County SMP Update website.  For questions, contact the Department at 360-417-2420.

    Steve Gray, Planning Manager

    Clallam County Department of Community Development

    ————————————————————-

    The bottom line…

    AT THIS POINT IN TIME, Oct 17, 2017  

    WHY BOTHER WITH THAT CLALLAM COUNTY SMP UPDATE.

    BECAUSE I HAVE BEEN AN INTEREST PARTY SINCE JAN 26, 2011

    AND, IT’S  WHO THEY ARE THAT CONCERNS ALL OF US

    To be continued….


  • SMP 19 Unresolved Issues 2012-2017

    Another 2017 SMP Update concern to Clallam County Commissioner

    At the July 10, 2012 SMP Committee Advisory meeting

    Two thirds or more of the SMP Advisory Committee

    VOTED TO WALK  AWAY AND LEAVE 19 UNRESOLVED SMP ISSUES ON 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.

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

    ———————————————————————-

    Part two, What happened to us? the 3000 and the 19 unresolved issues behind our back, behind closed doors by the SMP Update bureaucrats and the paid facilitators ?

    ——————————————————————————–

    THE SMP Advisory Committee

    Pearl Rains Hewett Trustee—– Original Message —–

    From: pearl hewett

    To: Lois Perry ; Sue Forde ; zSMP

    Cc: Karl Spees ; Jo Anne Estes ; Katie Krueger ; connie beauviasMarv Chastain ; Jay Petersen ; harry bell ; Steve Gray ; notac; ; jim McEntire ; smiller@co.clallam.wa.us

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

    Subject: SMP COMMENT ON THE SMP Advisory Committee

    This is my comment

    on the SMP Advisory Committee

    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?

     ——————————————————————-

    July 14, 2012 FIRST SMP PUBLIC COMMENT

    On the 19 unresolved SMP issues that went to the Planning Dept …

    Jul 4, 2015 THREE YEARS LATER SECOND SMP PUBLIC COMMENT

    On the 19 unresolved SMP issues that went to the Planning Dept …

    19 Unresolved SMP Issues AN SMP Public … – Clallam County

    www.clallam.net/LandUse/documents/635_PHewett.pdf

    Jul 4, 2015 – On 19 unresolved SMP issues that went to the Planning … The 19 unresolved SMP issues on July 10, 2012 ….. Of …www.behindmyback.org.

    —————————————————————-

    July 14, 2012 FIRST SMP PUBLIC COMMENT continued…

    (1) DISCUSSED AND QUESTIONED? The undecipherable table with the percentages, the 15% of whatever? It made no sense to me either? Jay Pedersen 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,  Jay’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   Ed Bowen 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) ED BOWEN 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) NOT DISCUSSED, MENTIONED 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.

    —————————————————————————–

    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.

    So?  The illegal and unconstitutional policies on private property,

    may be pursued by other means and implemented through an administrative process established by local government

    ————————————————————————–

    Oct 14, 2017 added information on Clallam County SMP Update, paid facilitators MARGARET CLANCY, JIM KRAME .

    No Net Loss of Ecological Function?

    This work was funded through a grant from the National Fish and Wildlife Foundation.

    Prepared by MARGARET CLANCY, JIM KRAMER and Carol MacIlroy

    prohibit new building lots from being created in the 100-year floodplain limit new roads in the floodplain that unregulated development or illegal activities will not occur at a level significant enough to affect flood storage. It will not be possible to fully avoid all impacts from the development of these lots through SMP policies and regulations.

    ————————————————————————–

    So?  The illegal and unconstitutional policies on private property, may be pursued by other means and implemented through an administrative process established by local government?

    Through, an administrative process established by the Clallam County DCD Planning Dept?

    ———————————————————————-

    (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.

    ——————————————————————————-

    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, prior to the final SMP Draft Proposal.

    Pearl Rains Hewett

    ———————————————————–

    WHO WERE THE SMP ADVISORY COMMITTEE MEMBERS

    THAT 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?

    ———————————————————————————-

    PDF]

    Clallam County Shoreline Master Program Committee …

    www.clallam.net/LandUse/…/ClCoSMPC2013.pdf

    Clallam County

    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?

    *Chris Byrnes: WA Department of Fish & Wildlife

    … *Darlene Schanfald: Olympic Environmental Council; Friends of Miller Peninsula State Park …

    *Jeffree Stewart: WA Department of Ecology …

    *Kevin MacCartney: Sierra Club; Shoreline Property Owner … *Denotes SMP Committee members/alternates attending a majority of …

    SMPC Attendees:

    Andy Stevenson Andy Stevenson … Proposed SMP regulations would allow them to be replaced if …. Chapter 6: Much of this section is directly from the Washington Administrative Code 173.27 or … requirements are specified by state law.

    —————————————————————

    Arnold Schouten

    MRC Strategic Plan – Northwest Straits Marine Conservation …

    www.nwstraits.org/uploads/pdf/Orientation/MRC-strategicplans.pdf

    by S Plan

    Arnold Schouten … the Northwest Straits area of Puget Sound, Washington State. …… Ensure that SMP update includes policies that minimize …

    ———————————————————————

    Bob Vreeland

    ——————————————————————————-

    Darlene Schanfald eccentric, Secretary. Olympic Environmental Council

    —————————————————————–

    George Chandler

    George Eastman

    ————————————–

    Hansi Hals

    Jamestown S’Klallam Tribe – Natural Resources Staff

    www.jamestowntribe.org/programs/nrs/nrs_staff.htm

    Environmental Planning. Hansi Hals. Environmental Planning Program Manager … Natural Resources Department. 1033 Old Blyn Hwy. Sequim, WA 98382.

    ————————————————–

    Harry Bell Green Crow

    Jay Petersen 4C’s Engineering

    Jeffree Stewart DOE

    John Cambalik

    —————————————————-

    Judy Larson very nasty woman

    2013-04 notes.pdf – Olympus.net

    home.olympus.net/~dungenesswc/docs/…/2013-04%20notes.pdf

    Apr 10, 2013 – Judy Larson served as chair in Scott Chitwood’s absence.

    ———————————————————

    Karl Spees

    ———————————————————-

    Katie Krueger Tribe

    —————————————————————–

    Kevin MacCartney Sierra Club

    ———————————————————

    Mary Pfaff-Pierce (usually not there)

    ———————————————–

    Matt Beirne Tribe

    ————————————————————-

    Matt Heins Tribe

    ———————————————-

    Pearl Rains Hewett

    ——————————————————————

    Randy Johnson tribal rep (aka nasty randy)

    —————————————-

    Ron Gilles Sequim Realtor

    ———————————————-

    Theresa Nation WDF

    County Staff & Consultants:

    Margaret Clancy (Consultant) ESA Adolfson’s Compliancy expert with 24 WA State SMP’s Under their belt.

    https://www.google.com/#q=esa+adolfson+margaret+clancy+health+of+puget+sound&start=30

    Shoreline management plan meeting brings unanswered …

    www.citizenreviewonline.org/2011/Oct/shoreline_meeting.html

    Margaret Clancy and Jim Kramer (of Kramer Consulting Inc.), representing … The “Public Participation Strategy” as presented by ESAAdolphson was that “The …. for Puget Sound; Co-Manager AT PUGET SOUND PARTNERSHIP 2006; and Project

    opportunities to improve shoreline management in puget

    www.ecy.wa.gov/programs/sea/shorelines/docs/exec_summary.pdf

    NFWF Project: 2010-0060-002 Protect Puget Sound Shoreline … Margaret Clancy ( ESA Adolfson) … effort to recover Puget Sound by 2020. .

    —————————————————

    Senior planner for SMP Steve Gray

    Sheila Roark Miller

    Hannah Merrill

    Public Attendees

    Jesse Waknitz, Port of PA

    ————————————————-

    Glen Irwin, Shoreline Landowner

    ————————————————–

    Charles Weller, Shoreline Landowner really a good guy

    ———————————————–

    1. McNerthney, Shoreline Landowner

    ——————————————————–

    Connie Beauvais, CC Planning Commissioner really a good lady

    ——————————————————–

    Michele d’Hemecourt, NOLT

    ——————————————————————–

    Robert Knapp, James town S’Klallem tribe  (used to be with stream keepers)

    Andy Stevenson Andy Stevenson … Proposed SMP regulations would allow them to be replaced if …. Chapter 6: Much of this section is directly from the Washington Administrative Code 173.27 or … requirements are specified by state law.

    —————————————————-

    Arnold Schouten

    MRC Strategic Plan – Northwest Straits Marine Conservation …

    www.nwstraits.org/uploads/pdf/Orientation/MRC-strategicplans.pdf

    by S Plan

    the Northwest Straits area of Puget Sound, Washington State. …… Ensure that SMP update includes policies that minimize …

    ————————————————-

    Bob Vreeland

    Andrew Stevenson Port Angeles Arnold Schouten Port …

    www.clallam.net/RealEstate/…/SMPCmemberList1-2012….

    Clallam County

    Bob Vreeland. Port Angeles … Sequim. Olympic Environmental Council; Friends of Miller Peninsula State Park. 7 … Countywide. WA Department of Ecology.

    —————————————————————-

    Darlene Schanfald eccentric, Secretary. Olympic Environmental Council

    George Chandler

    George Eastman

    ————————————–

    Hansi Hals

    Jamestown S’Klallam Tribe – Natural Resources Staff

    www.jamestowntribe.org/programs/nrs/nrs_staff.htm

    Environmental Planning. Hansi Hals. Environmental Planning Program Manager … Natural Resources Department. 1033 Old Blyn Hwy. Sequim, WA 98382.

    Harry Bell Green Crow

    Jay Petersen 4C’s Engineering

    Jeffree Stewart DOE

    John Cambalik

    —————————————————-

    Judy Larson very nasty woman

    2013-04 notes.pdf – Olympus.net

    home.olympus.net/~dungenesswc/docs/…/2013-04%20notes.pdf

    Apr 10, 2013 – Judy Larson served as chair in Scott Chitwood’s absence. … Agenda change: Hannah Merrill will give the SMP Update, instead of Cathy Lear. … US Army Corps of Engineers; EPA; WA Dept. of Ecology; WA State Recreation.

    Karl Spees

    Katie Krueger Tribe

    Kevin MacCartney Sierra Club

    Mary Pfaff-Pierce (usually not there)

    Matt Beirne Tribe

    Matt Heins Tribe

    Pearl Rains Hewett

    Randy Johnson nasty randy (tribal rep.)

    Ron Gilles

    Theresa Nation WDF

    County Staff & Consultants:

    Margaret Clancy (Consultant)

    Steve Gray

    Sheila Roark Miller

    Hannah Merrill

    Public Attendees

    Jesse Waknitz, Port of PA

    Glen Irwin, Shoreline Landowner

    Charles Weller, Shoreline Landowner really a good guy

    1. McNerthney, Shoreline Landowner

    Connie Beauvais, CC Planning Commissioner really a good lady

    Michele d’Hemecourt, NOLT

    Robert Knapp, JS’K

    ———————————————–

    REMEMBER… This is just 

    Part Two: The history of us, the collective 3000?

    What happens to one of us, happens to all of us.

    You the elected are responsible for what happens to all of us.

    The Bottom Line….

    As one of the  3000, I shall continue my comments and concerns on the SMP Update

    day after day, week after week, month after month as I have done prolifically since 2011.

    To be continued….