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  • Category Archives Fatal Error in Due Process?
  • WA DOE $50 Comment Recording Fee?

    WA DOE $50 Public Comment Recording Fee?

    1. Protests or objections to approval of this application must include a detailed statement of the basis for objections. 
    2. All letters of protest will become public record. 
    3. Cash shall not be accepted.  Fees must be paid by check or money order and are nonrefundable. 
    4. Protests must be accompanied by a $50 recording fee payable to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, WA 98504-7611,
    5. within 30 days from June 20, and June 30, 2017.

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    I AM FREELY PROTESTING AND OBJECTING TO THIS $50.00 DOE FEE FOR PUBLIC COMMENT,  AS A MATTER OF PUBLIC RECORD,  ON MY WEBSITE.

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    TAKE NOTICE STEVENS COUNTY WE MUST  PROTEST OR OBJECT WITHIN 30 DAYS FROM JUNE 22, 2017.

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    TAKE NOTICE GRANT COUNTY WE  MUST PROTEST OR OBJECT  WITHIN THIRTY (30) DAYS FROM JUNE 20, 2017.

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    I GOT MY  PUBLIC NOTICE IN A PRIVATE EMAIL ON TUES JULY 11, 2017

    The email said,  So whatever we can pull together ASAP will be helpful. 

    I SUGGEST WE START HERE….

    EMAIL YOUR, OBJECTIONS, COMMENTS AND PROTESTS  REGARDING THE WA STATE DOE WATER RULERS NEW $50 COMMENT RECORDING FEE,  TAKE NOTICE TO YOUR ELECTED REPRESENTATIVE AT ALL LEVELS OF GOVERNMENT, FEDERAL, STATE, COUNTY AND CITY.

    INDEED,  EMAIL  OBJECTIONS, COMMENTS  AND PROTESTS  SENT TO YOUR ELECTED REPRESENTATIVES, ARE LEGALLY RECORDED DOCUMENTATION AND THEY ARE A MATTER OF PUBLIC RECORD. 

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    THIS DOE $50.00 FEE  TO PROTEST OR OBJECTION AND  TO RECORD PUBLIC COMMENT UNDER DOE WATER APPLICATION NO. G3-30736 IS NOT SOMETHING NEW.

     IT’S JUST NEW TO VOTING TAXPAYING CITIZEN WATER USERS.

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    HOW WA STATE DUE PROCESS ON PUBLIC NOTIFICATION WORKS, OR NOT?

    Somebody found something, and read something in  the Chewelah Independent, a newspaper in Stevens County WA on June 22nd 2017 that was placed by the Dept. of Ecology. 

    Indeed, I got my PUBLIC NOTICE in a private email on Tuesday, July 11, 2017 8:57 PM

    OBJECTIONS OR PROTESTS COMMENTS WITHIN THIRTY (30) DAYS FROM JUNE 22, 2017.

    WORD GETS AROUND IN CYBERSPACE (eventually)

    I AM FREELY PROTESTING AND OBJECTING TO THIS $50.00 DOE FEE ON PUBLIC COMMENT MY WEBSITE.

     —– Original Message —–

    From: XXX

    To: XXX

    Sent: Tuesday, July 11, 2017 8:57 PM

    Subject: SCPRG Update

    Protests or objections to approval of this application must include a detailed statement of the basis for objections.  All letters of protest will become public record.  Cash shall not be accepted.  Fees must be paid by check or money order and are nonrefundable.  Protests must be accompanied by a $50 recording fee payable to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, WA 98504-7611, within 30 days from June 20, and June 30, 2017.

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    WA State DOE From TAXATION TO FEE-DOM

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    AS IT STOOD ON OCT 26, 2013 , AND AS IT STANDS JULY 12, 2017

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    OCT 26, 2013 IF THE GOVERNMENT CAN’T FORCE US TO PAY MORE TAXES?

    WHAT CAN THE GOVERNMENT DO TO TAKE MORE MONEY FROM US?

    The bottom line
    REMEMBER A “FEE” IS NOT A TAX
    AND, A TOLL IS JUST A FEE
    AND, A SERVICE IS JUST ANOTHER FEE
    AND, A CHARGE IS JUST ANOTHER FEE
    AND, A FARE IS JUST ANOTHER FEE

    AND, A DOE $50.00 RECORDING FEE IS JUST ANOTHER FEE

    OBJECTIONS OR COMMENTS MUST BE ACCOMPANIED BY A $50 RECORDING FEE PAYABLE TO THE DEPARTMENT OF ECOLOGY, CASHIERING UNIT, P.O. BOX 47611, OLYMPIA, WA 98504-7611, WITHIN 30 DAYS FROM JUNE 22, 2017.

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    STATE OF WASHINGTON DEPARTMENT OF ECOLOGY OFFICE OF COLUMBIA RIVER YAKIMA, WA. NOTICE OF APPLICATION TO APPROPRIATE PUBLIC WATERS TAKE NOTICE: 

    DOE TAKE WATER TAKE NOTICE WITHIN 30 DAYS FROM JUNE 22, 2017.

    Protests or objections to approval of this application must include a detailed statement of the basis for objections.  All letters of protest will become public record.  Cash shall not be accepted.  Fees must be paid by check or money order and are nonrefundable.  Protests must be accompanied by a $50 recording fee payable to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, WA 98504-7611, WITHIN 30 DAYS FROM JUNE 22, 2017.

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    GRANT COUNTY WATER CONSERVANCY BOARD AMENDED NOTICE OF APPLICATION FOR CHANGE OF GROUNDWATER CERTIFICATE 399A(A)

    DOE TAKE WATER TAKE NOTICE WITHIN 30 DAYS FROM JUNE 20, 2017.

    Protests must be accompanied by a fifty dollar ($50.00) recording fee and filed with the Cashiering Section, State of Washington, Department of Ecology, P.O. Box 47611, Olympia, Washington 98504-7611 WITHIN THIRTY (30) DAYS FROM JUNE 20, 2017. #06029/86342 Pub: June 13 & 20, 2017

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    STATE OF WASHINGTON DEPARTMENT OF ECOLOGY OFFICE OF COLUMBIA RIVER YAKIMA, WA

    NOTICE OF APPLICATION TO APPROPRIATE PUBLIC WATERS TAKE NOTICE:  That STEVENS COUNTY of Colville, WA, on February 11, 2015, under Application No. G3-30736 applied to appropriate public waters, subject to existing rights, from multiple wells in the amount of 3,350 gallons per minute for continuous multiple domestic and industrial supply.

    That source of the proposed appropriation is located with the Colville River Water Resource Inventory Area, Stevens County, Washington.

    Protests or objections to approval of this application must include a detailed statement of the basis for objections.  All letters of protest will become public record.  Cash shall not be accepted.  Fees must be paid by check or money order and are nonrefundable.  Protests must be accompanied by a $50 recording fee payable to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, WA 98504-7611, within 30 days from June 22, 2017.

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    GRANT COUNTY WATER CONSERVANCY BOARD AMENDED NOTICE OF APPLICATION FOR CHANGE OF GROUNDWATER CERTIFICATE 399A(A) TAKE NOTICE: Central Terminals, LLC of Moses Lake has made an APPLICATION FOR CHANGE/TRANSFER of Water Right to add two (2) additional points of withdrawal (POW), for Groundwater Certificate 399A(A). The Board has accepted the applicaiton for active Board review by assigning its number of GRAN-16-10. The Department of Ecology has assigned tracking number CG3-*01104C(A)@2 to this application. That Ground Water Certificate 399A(A) with a priority date of April 18, 1949 has current authorization for 800.0 gallons per minute, 296.1 acre-feet per year, for Continuous Industrial use.

    The current authorized point of withdrawal is located within the NW1/4SW1/4 Section 20, T19N., R29E., W.M., The proposed additional points of withdrawal will be one (1) existing well located within the NW1/4SE1/4 of section 20, T19N., R29E. W.M., and one (1) new well located within the NE1/4NE/4 of Section 29, T19N, R29E. W.M.

    Any interested party may submit comments, objections, and other information to the Board regarding this application. The comments and information may be submitted in writing or verbally at any public meeting of the Board held to discuss or decide on the application. Additionally, the Board will consider written comments or information provided within thirty (30) days from the last date of publication of this notice, said written comments or information to be provided to its office located at 2145 Basin Street SW, Ephrata, WA 98823. Any protests or objections to the approval of this application may be filed with the Department of Ecology and must include a detailed statement of the basis for objections.

     Protests must be accompanied by a fifty dollar ($50.00) recording fee and filed with the Cashiering Section, State of Washington, Department of Ecology, P.O. Box 47611, Olympia, Washington 98504-7611 WITHIN THIRTY (30) DAYS FROM JUNE 20, 2017. #06029/86342 PUB: JUNE 13 & 20, 2017

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    WA State taxes TAXATION from our elected representative

    DOE FEE INCREASES DO NOT HAVE TO BE APPROVED BY THE LEGISLATURE.

    AS IT STOOD ON OCT 26, 2013 , AND AS IT STANDS JULY 12, 2017

    ELECTIONS DO CREATE  OUR LEGISLATORS’

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    Behind My Back | Fee Fie Foe Fum

    www.behindmyback.org/2013/10/26/fee-fie-foe-fum/

    Oct 26, 2013 – http://en.wikipedia.org/wiki/Feefie-foefum. THERE’S LITTLE REASON EVER TO USE IT? This entry was posted in By Hook or By Crook, …

     OCT 26, 2013 IF THE GOVERNMENT CAN’T FORCE US TO PAY MORE TAXES?

    WHAT CAN THE GOVERNMENT DO TO TAKE MORE MONEY FROM US?

    The bottom line
    REMEMBER A “FEE” IS NOT A TAX
    AND, A TOLL IS JUST A FEE
    AND, A SERVICE IS JUST ANOTHER FEE
    AND, A CHARGE IS JUST ANOTHER FEE
    AND, A FARE IS JUST ANOTHER FEE

    AND, A DOE $50.00 RECORDING FEE IS JUST ANOTHER FEE

    WA STATE FROM TAXATION TO DOE FEE-DOM

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    Clallam County citizens  sent in over a thousand objections  on The DOE Dungeness Water Rule and the DOE sent us 500 pages of too bad so sad.

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    VENGEANCE IS MINE SAITH THE WA STATE DEPARTMENT OF ECOLOGY (DOE)

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    VENGEANCE IS MINE SAITH WA STATE VOTERS COME ELECTION TIME


  • 2012 SMP Issues Left on the Table

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

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

    THE PREVIOUS CONDUCT OF THE PARTIES

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

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

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

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

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

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

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

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    SUBSEQUENT CONDUCT OF THE PARTIES.

    SMP Cumulative Impact on People

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

    This is my Clallam County SMP Public comment and objection

    Pearl Rains Hewett

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    SUBSEQUENT CONDUCT OF THE PARTIES.

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

    —– Original Message —–

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

    Interested Parties,

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

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

    —– Original Message —–

    Saturday, July 14, 2012 3:13 PM

    THE REST OF THE STORY…….

    THE PREVIOUS CONDUCT OF THE PARTIES.

    From: pearl hewett

    to  zSMP

    Cc: several

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

    Subject: SMP COMMENT #292 ON THE SMP Advisory Committee

    This is my full comment on the SMP Advisory Committee

    Pearl Rains Hewett Trustee

    George C. Rains Estate

    Concerned Member SMP Advisory Committee

    At the July 10, 2012 SMP Committee Advisory meeting

    Two thirds or more of the SMP Advisory Committee

    VOTED TO WALK  AWAY FROM THE TABLE,

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

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

    1/3 = 10 private interest groups

    1/3 = 10 paid government employees

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

    DOES THE MAKEUP OF THIS COMMITTEE EXPLAINS WHY?

    THEY VOTED TO WALK  AWAY FROM THE TABLE

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

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

    The written text related to the undecipherable table below

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

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    (2) DISCUSSED AND QUESTIONED? NOT ADDRESSED

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

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    (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.

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    (4) PRESENTED- DISCUSSED but NOT ADDRESSED

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

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     (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.

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    (6)  COMMENT NOT ADDRESSED

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

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    (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.

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    (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.

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    (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

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    (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.

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    (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

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    (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:

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    (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.

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    (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

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    (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.

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    (17) DISCUSSED AND DISMISSED

    EPA. Precautionary setback are not legal

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

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     (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.

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    (19) NOT DISCUSSED OR ADDRESSED

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

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

     

    WAC 173-26-191

    Agency filings affecting this section

    Master program contents.

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

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

    SOME DEVELOPMENT REQUIRES A SHORELINE PERMIT PRIOR TO CONSTRUCTION.

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

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

    90.58.210 through 90.58.230.

    ————————————————————-

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

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

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

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


  • WA State Human Environment

    The Human Environment In WA State

    This is WA State Law RCW 77.12.154  These “STATE  EMPLOYEES” may enter upon “ANY LAND” or waters and remain there while performing their duties WITHOUT LIABILITY FOR TRESPASS.

    Presumed by,  WA State Attorney Generals  office, to be Constitutional?

    THESE “STATE  EMPLOYEES” MAY ENTER UPON YOUR PRIVATE PROPERTY, “ANY LAND”  IN WA STATE, WITHOUT DUE PROCESS OF LAW, WITHOUT YOUR PERMISSION  WITHOUT PROBABLE CAUSE AND WITHOUT A SEARCH WARRANT.

    ————————————————————————————–

    THIS IS THE HUMAN ENVIRONMENT under WA State Law RCW 77.12.154 .

    The Government has taken the position that they can do whatever they want, where ever they want and whenever they want, without Constitutional due process of law.

    ——————————————————————————————–

    Who Knew? About this is WA State Law RCW 77.12.154

    It took me two months, with the help of an attorney,  to find this  WA State Law, it was buried under the  “Right of entry”  Aircraft operated by department.

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

    DISBELIEF AND DENIAL  IS THE HUMAN ENVIRONMENT IN WA STATE.

    When I told American Citizens about the law, they wouldn’t believe me. They said

    They can’t do that on my “PRIVATE PROPERTY”  I have Constitutional Rights. the government can’t do that without my permission, without probable cause and without a search warrant.

     —————————————————————————————–

     You want to bet the government can’t do it on your private property?

    I have the documentation of hundreds of these trespass violations on Lake Sutherland private property.

    THESE “STATE  EMPLOYEES” DID ENTER UPON MY PRIVATE PROPERTY, “MY LAND”  IN CLALLAM COUNTY, WA STATE, WITHOUT ANY DUE PROCESS OF LAW, WITHOUT MY PERMISSION  WITHOUT PROBABLE CAUSE AND WITHOUT A SEARCH WARRENT.

    In fact it is documented that FROM APRIL 21, 2010   TO FEB. 5, 2011 WDFW did knowingly trespass on every piece of private property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River.,without due process of law, without permission, without probable cause and without a search warrant.

    ————————————————————————-

    THE HUMAN ENVIRONMENT IN WA STATE?

    Indeed, The government has  been TRESPASSING  on private land and they are going to keep TRESPASSING on private land, and keep TRESPASSING on private land until “We the People” demanded Constitutional Due Process.

    “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

     ——————————————————————————————-

    This is the PRESUMED CONSTITUTIONAL law of the LAND in WA STATE.
    Goggle it for yourself… CHAPTER 77.12 RCW POWERS AND DUTIES

     THE 2011 Response from WA State Attorney General’s office
    ANY RCW, LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

    —————————————————————————————

    UNDER RCW 77.12.154  THIS IS THE HUMAN ENVIRONMENT IN WA STATE.

    You live in an isolated area…. on 20 acres of private property…you are home alone…. you are a senior citizen… your husband is gone….you look out your kitchen window…… there is a strange man walking around in your back yard…. he has walked several blocks into your private property, on your private road…
    With your husband gone…. what should you do?

    IT HAPPENED TO MY (removed for privacy)   WHAT DID SHE DO?

    SHE OWNS A GUN…

    She went outside and confronted the TRESPASSER. “This is private property” “What are you doing here?”

    The strangers response (he did not identify himself) was “I just wanted to see where this stream came from.”

    She told him, “This is private property” and asked him to get off of her land.

    So if you see some unknown guy, anytime, anywhere, A TOTAL stranger wandering around and trespassing IN YOUR BACKYARD, on your private property?

    Without your permission, without probable cause and without a search warrant?

    WHAT WILL YOU DO?

    ———————————————————————————————–

    THIS IS PRESUMED TO BE CONSTITUTIONAL?

    WA STATE EMPLOYEES? that do not wear a uniform? do not identify themselves? use your private road for access,  go sniffing  around in their official capacity, inspecting your 20 acres of private property, and  invading your privacy  in your own  back yard?

    This is the PRESUMED law of the land in WA STATE?

    —————————————————————————————-

    PRESUMED TO BE CONSTITUTIONAL?

    RCW 77.12.154
    Right of entry —
    Aircraft operated by department.
    The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.
    [1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.]
    —————————————————————————————-
    WA State law RCW77.12.154
    WDFW employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    —————————————————————————

    THE 2011 Response from WA State Attorney General’s office
    ANY RCW LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

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

    And, When “THEY” Came  to Lake Sutherland, Clallam County, in WA State.

    Read the full text, complete chronological documentation of government trespass here.

    Presumed to be Constitutional?

    Posted on by Pearl Rains Hewett Comment

    This is the documented chronological order of the CLALLAM COUNTY TRESPASS

    PART (1)  FROM APRIL 21, 2010   TO FEB. 5, 2011

    AND WHAT I DID

    DOCUMENT… DOCUMENT… DOCUMENT…


  • Drought? Piped Irrigation,Tailwater, BMP

    Drought? Piped Irrigation, Tailwater FC , BMP

    In response to three (3) questions on BMP for Dungeness drought irrigation water.

    Asked after the Sequim Community Drought Forum

    ——————————————————————–

    When we have irrigation water coming from the river into the irrigation pipes past our house and I don’t use it so it just keeps flowing down hill till someone does use it,

    but what happens if it doesn’t get used?

    Does it just dump out in the sound like the river does?

    Or is there an end to the pipe?

    —————————————————-

    Great drought questions. Complicated answer.

    —————————————————————-

    START HERE

    Dungeness River Targeted Watershed Initiative FINAL …  a 47 page report

    www.jamestowntribe.org/…/nrs/TWG_Final%20Report-compressed.pdf

    Dungeness Watershed on the Olympic Peninsula, Washington……………………………. …. NAME OF PROJECT. ….. An extensive irrigation system, which diverts river.

    snippets from the  47 page report

    A statistical evaluation of the effectiveness of best management practice BMPs from Task 2

    (i.e. IRRIGATION PIPING and septic system repairs) for remediating FECAL COLIFORM (FC) BACTERIA.

    ———————————————————————-

    Piping irrigation ditches is considered a best management practice (BMP) for water conservation by preventing conveyance losses.

    Since the water conveyance system is enclosed in a pipe, the possibility of contaminants (fecal coliform (FC)) entering the system is greatly reduced, and if the pipeline is closed at the end, there is no spilling of excess tailwater at the downstream end of the irrigation system

    Monitoring for the effectiveness of irrigation piping was problematic in the sense that downstream samples could not be collected in most cases since the source water was eliminated.

    (all used for irrigating?)

    At one downstream location, the tailwater from a bluff ditch station (IRR-3) that emptied into the Bay was monitored after piping was complete because regulations required that a stormwater conveyance ditch be reconstructed above the pipe to continue to convey runoff.

    After piping, the fecal coliform FC concentration in the stormwater runoff conveyance was not significantly different than before the piping.

    Further analysis examined the impact of piping on tailwater discharge into Dungeness Bay,

    comparing data before and after the piping at three marine monitoring sites located near the freshwater bluff ditch sites. While this was statistically significant,

    it has little meaning from a water quality improvement standpoint.

    A number of benefits of irrigation piping can clearly be demonstrated such as water conservation, reduced ditch maintenance and efficient water delivery,

    However, the empirical evidence of reduction in fecal coliform FC was not clearly apparent from this study.

    —————————————————————-

    Expanded snippets, the full 47 page report is online

    Dungeness River Targeted Watershed Initiative FINAL …

    www.jamestowntribe.org/…/nrs/TWG_Final%20Report-compressed.pdf

    Dungeness Watershed on the Olympic Peninsula, Washington……………………………. …. NAME OF PROJECT. ….. An extensive irrigation system, which diverts river.

    Effectiveness Monitoring of Fecal Coliform Bacteria and Nutrients in the Dungeness Watershed, Washington

    Battelle PNWD-4054-3

    Pacific Northwest Division

    Richland, Washington 99352

    Prepared for:

    Jamestown S’Klallam Tribe in fulfillment of Task 3 (Effectiveness Monitoring Study) of the Dungeness River Watershed Final Work plan for the EPA Targeted Watershed Grant Program (2004)

    October 2009

     This study was conducted as part of an Environmental Protection Agency EPA Targeted Watershed Grant awarded to the Jamestown S’Klallam Tribe in 2004 that focused surface water cleanup efforts in the lower Dungeness Watershed and Dungeness Bay in Washington State

     http://www.jamestowntribe.org/programs/nrs/FINAL_EM_RPT%28Oct_09%29v_2.pdf

    Piping irrigation ditches is considered a best management practice (BMP) for water conservation by preventing conveyance losses.

    Since the water conveyance system is enclosed in a pipe, the possibility of contaminants entering the system is greatly reduced, and if the pipeline is closed at the end, there is no spilling of excess tailwater at the downstream end of the irrigation system

    Monitoring for the effectiveness of irrigation piping was problematic in the sense that downstream samples could not be collected in most cases since the source water was eliminated. Median concentrations from the two upstream stations were 10 and 128 CFU/100 ml.

    At one downstream location, the tailwater from a bluff ditch station (IRR-3) that emptied into the Bay was monitored after piping was complete because regulations required that a stormwater conveyance ditch be reconstructed above the pipe to continue to convey runoff.

    After piping, the fecal coliform FC concentration in the stormwater runoff conveyance was not significantly different than before the piping.

    Further analysis examined the impact of piping on tailwater discharge into Dungeness Bay,

    comparing data before and after the piping at three marine monitoring sites located near the freshwater bluff ditch sites.

    One marine station, DOH-110 was significantly different before and after piping. However, the geometric mean at this site before piping

    was 7 CFU/100 ml and after the piping was 4 CFU/100 ml. While this was statistically significant, it has little meaning from a water quality improvement standpoint.

    A number of benefits of irrigation piping can clearly be demonstrated such as water conservation, reduced ditch maintenance and efficient water delivery, however the empirical evidence of reduction in fecal coliform FC was not clearly apparent from this study.

    In the case where an irrigation ditch was piped to eliminate tailwater, but the piped ditch closely coupled the path of a stormwater runoff conveyance into the Bay, the benefits were reduced.

    However, the potential source of contamination to this ditch is from a much smaller geographic area than prior to piping when several miles of open irrigation ditch led to this discharge location

    A statistical evaluation of the effectiveness of BMPs from Task 2(i.e. irrigation piping and septic system repairs)for remediating fecal coliform bacteria. The my core mediation best management practice BMP effectiveness is discussed in a separate report (Thomas et al. 2009)

    The overall results of this study have not shown an improvement in surface water quality with respect to fecal coliform bacteria in the Dungeness watershed or Dungeness Bay within the last 10 years. However, water quality conditions have not declined within the watershed either.

    This is notable when considering the population within the  Dungeness watershed has steadily increased during this time period.

    ————————————————————————-

    In fact, asking your three short questions was the prelude to the following.

    Finding the answer was a bit more complicated. It took several hours of research going from one website to another.

    However, it was time well spent, in connecting the dots, many vital failures of public notification shall now become open, transparent and someone must be held accountable.

    In one of the following documents the FAILURE OF DUE PROCESS, failure of legal requirements for public notification of public meetings was mentioned and what remedial actions must be taken to comply with the WA State Public Meeting Act.

    This documented information of PUBLIC MEETINGS without legal, public notification, participation and public comment  SPANS A VERY LONG PERIOD IN TIME.

     ————————————————————————————-

    The more “We the People” know and can document, the better. Another chapter in the book of revelations by Pearl Revere

    ———————————————————————–

    I found this.. I did not research it,  It was mentioned briefly at the Drought Forum, But who knew why?

    2015 Emergency Drought affect on More Creek Water users?

    Technical Memorandum – Clallam County

    www.clallam.net/environment/…/SSA_Memo_Final.pdf

    Clallam County

    “Morse Creek is the largest of the independent drainages to salt water between the Dun- …. of 3,800′. It is the westernmost stream influenced directly by Dungeness area irrigation ….. Since 2000 the piping of many reaches of irrigation ditch has re- ….. Thus, the occurrence of baseflow in this reach expands and contracts up-.

    —————————————————————————-

     2015 Dungeness Watershed (7) irrigation systems

    More images for irrigation systems in the dungeness watershed

    one diagram shows two pipeline that end dumping into the bay

    ————————————————————

    Minutes – January 13, 2015 – Clallam CD

    www.clallamcd.org/storage/dist-business/…/Minutes2015-0113.pdf

    Jan 13, 2015 – Ben Smith informed the Board that the Water Users Association (WUA), … The WUA has not drafted a proposal yet, but wanted to see first if the …

    ——————————————————————–

    Minutes – January 13, 2015 – Clallam CD

    www.clallamcd.org/storage/dist-business/…/Minutes2015-0113.pdf

    Jan 13, 2015 – Interlocal Agreement with Clallam County for Pollution Identification & Correction (PIC) Planning…PIC Implementation I … finalizing the contract after removing Addendum A (relating to co-location of offices). … DUNGENESS IRRIGATION DISTRICT DITCH PIPING PROIECT’ in the amount of$l,0| 1.19. … Ben Smith informed the Board that the Water Users Association (WUA), …

    ———————————————————————————–

    Dungeness River Targeted Watershed Initiative FINAL …

    www.jamestowntribe.org/…/nrs/TWG_Final%20Report-compressed.pdf

    Dungeness Watershed on the Olympic Peninsula, Washington……………………………. …. NAME OF PROJECT. ….. AN EXTENSIVE IRRIGATION SYSTEM, WHICH DIVERTS RIVER.

    ————————————————————————–

    November 12, 2014 APPROVED Meeting Notes Dungeness …

    home.olympus.net/~dungenesswc/docs/…/2014-11%20notes.pdf

    Nov 12, 2014 – Jennifer Bond, Clallam Conservation District … I. Introductions/Review Agenda/Review & Approve October DRMT Draft … District, provided an update presentation on the PIC (Pollution. Identification and Correction) Plan project status. …. Will look at opportunities for revising program in ways that would …

    —————————————————————————-

    October 23, 2014 – Clallam CD

    www.clallamcd.org/storage/…/agenda…/20141023_PIC_Agenda__Notes…

    Oct 23, 2014 – AGENDA. Pollution Identification & Correction Planning Meeting … Bond (CCD), Matt Heins (CCD), Stephanie Zurenko (DOE), Ivan … Jennifer and Andy gave a presentation on the draft PIC plan to the … Hansi also briefed the Jamestown S’Klallam Tribe’s Natural Resources Committee on the status of the.

    ——————————————————————-

    My first Google search diagramhttps://www.google.com/?gws_rd=ssl#q=2015+dungeness+watershed+%287%29+irrigation+systems+diagram

    —————————————————————————-

    Documented questions on irrigation water

    —– Original Message —–

    From: “diane <

    To: “pearl hewett” <phew@wavecable.com>

    Sent: Monday, May 25, 2015 3:56 PM

    Subject: Re: Citizen Review on Our Drought Forum

    Pearl please forgive the silliness of my question.

    When we have irrigation water coming from the river into the irrigation pipes past our house and I don’t use it so it just keeps flowing down hill till someone does use it, but what happens if it doesn’t get used? Does it just dump out in the sound like the river does? Or is there an end to the pipe? OK that is my question for today.

    ——————————————————————–

    Diane,

    Please forgive me for MY DOCUMENTED, convoluted extremely complex and difficult to follow intricately folded, twisted, coiled, complicated, sometimes, depends, on usually, or not, response to your (3) DROUGHT irrigation water questions.

    Pearl

     


  • We Need a New Public Notice Act

    WE NEED A NEW PUBLIC PARTICIPATION STRATEGY

    CASES IN POINT FEDERAL, STATE AND LOCAL

    1. THE PUBLIC NOTICE OF THE OLYMPIC PENINSULA ELECTRONIC WARFARE PROJECT.

    2. THE CLALLAM COUNTY SHORELINE UPDATE.

    3.The Pacific Coast Drone project

    4. The Navy residential training that terrorized Port Angeles WA

    5. The West End Broad Band meetings

    6. WA STATE PARKS BLUE RIBBON PANEL

    Best known as, what we don’t notify  American citizens about “CAN” hurt them,

    BUT… it will all be over before American people find out what the hell is going on, so no worries.

    American people won’t feel a thing until after the comment period has expired.

    Then American people can read all about it in the local newspaper, after it’s been passed, to find out what’s in it, what it is and what it was all about.

    —————————————————————————–

    WE NEED A NEW PUBLIC PARTICIPATION STRATEGY

    WOW… READ ALL ABOUT IT

    MODEL CITY CHARTER LANGUAGE FOR CITIZEN ADVISORY BODIES

    Making Public Participation Legal – All-America City Award

    www.allamericacityaward.com/…/Making-PublicParticipationLegal_La…

    a ModeL sTaTe PubLic ParTiciPaTion acT: an aMendMenT To The sTaTe … that governs public participation. at the local, state, and federal levels, these laws ..

    —————————————————————————————–

    HERE AND NOW? IN THE REAL WORLD of “We the People”

    WHAT IS THE LOCAL PUBLIC NOTIFICATION AND PARTICIPATION STRATEGY?

    IF YOU ARE HAVING A LOCAL, HUGE MULTI-FAMILY NEIGHBORHOOD GARAGE SALE, RUMMAGE SALE OR FLEA MARKET?

    AND YOU REALLY WANT THE PUBLIC TO COME?

    You advertise in advance. YOU POST BIG SIGNS WITH THE WHERE AND WHEN every couple of blocks with BIG ARROWS TO KEEP REMINDING AND  INVITING  THE PUBLIC.

    LOCALLY YOU SEE A BIG RUMMAGE SALE BANNER ACROSS FRONT STREET

    AND OUR RADIO STATION KONP GOES ON AND ON ABOUT LOCAL GARAGE SALES

    AND GUYS WEARING SANDWICH BOARDS, DOING THE HAPPY DANCE IN FRONT OF LES SCHWABS, FOR A FLEA MARKET.

    The BIG BANNER across front street even notified THE HOMELESS to come on down to the Vern Burton center and  sign up for local HOMELESS programs and benefits.

    —————————————————————–

    I have mentioned the Real World phenomena  of advertising at Planning Commission Meetings.

    A private (government) response was? “This is not the real world”

    —————————————————————————————-

    OH..BUT… IT IS TOO EXPENSIVE TO  ADVERTISE AND NOTIFY THE AFFECTED LOCAL’S?

    As FOX NEWS,  Judge Jeanine would say….REALLY?

    —————————————————————————

    After the of the Navy’s PUBLIC FORUM FIASCO in PA,  on Electronic Warfare on  the Olympic Peninsula.

    FIASCO? by definition,  a total failure, especially a humiliating or ludicrous one

    —————————————————————————

    MOVING FORWARD,  WHAT CAN”WE THE PEOPLE DO”?

    Expose them, every time there is a  fatal error in Due Process

    Remind them of WA State Law RCW 42.56.030

    THE PEOPLE, IN DELEGATING AUTHORITY, DO NOT GIVE THEIR PUBLIC SERVANTS THE RIGHT TO DECIDE WHAT IS GOOD FOR THE PEOPLE TO KNOW AND WHAT IS NOT GOOD FOR THEM TO KNOW. etc.

    ———————————————————————————-

    Use Clallam County Home Rule to create a more stringent  public notification and participation process by the county and for the residents of Clallam County, including COUNTY FUNDING for REAL WORLD  advertising.

    Great minds think alike

    HERE IS THE LOCAL SOLUTION

    Making Public Participation Legal – All-America City Award

    www.allamericacityaward.com/…/Making-PublicParticipationLegal_La…

    a ModeL sTaTe PubLic ParTiciPaTion acT: an aMendMenT To The sTaTe … that governs public participation. at the local, state, and federal levels, these laws ..

    Contents

    THREE MINUTES AT THE MICROPHONE

    HOW OUTDATED CITIZEN PARTICIPATION LAWS ARE CORRODING AMERICAN DEMOCRACY

    POLICY OPTIONS FOR STRENGTHENING PUBLIC PARTICIPATION AT THE LOCAL LEVEL

    A MODEL MUNICIPAL PUBLIC PARTICIPATION ORDINANCE

    A MODEL STATE PUBLIC PARTICIPATION ACT

    AN AMENDMENT TO THE STATE ADMINISTRATIVE PROCEDURE

    ACT AND GOVERNMENT IN THE SUNSHINE ACT

    MODEL CITY CHARTER LANGUAGE FOR CITIZEN ADVISORY BODIES

    LOCAL GOVERNMENT:

    THE LEGAL FRAMEWORK AND CONTEXT FOR VOICE

    RESOURCES FOR PUBLIC ENGAGEMENT

    ………………………………………………………………

    From the Deliberative Democracy Consortium:

    Tired of tense, unproductive public meetings? Want to embed better online and face-to-face processes in the way governments work? Making Public Participation Legal, a new publication of the National Civic League, includes a set of tools, including a model ordinance, set of policy options, and resource list, to help communities improve public participation. The publication is now available for free. Download here. 

    Most of the laws that govern public participation in the United States are over thirty years old. They do not match the expectations and capacities of citizens today, they predate the Internet, and they do not reflect the lessons learned in the last two decades about how citizens and governments can work together. Increasingly, public officials and staff are wondering whether the best practices in participation are in fact supported – or even allowed – by the law.

    Over the past year, the Working Group on Legal Frameworks for Public Participation has produced new tools, including a model local ordinance and model amendment to state legislation, in order to help create a more supportive, productive, and equitable environment for public participation. The Working Group has been coordinated by the Deliberative Democracy Consortium (DDC).

    Making Public Participation Legal is a publication of the National Civic League, with support from the National Coalition for Dialogue and Deliberation. The Working Group also includes representatives of the American Bar AssociationInternational Municipal Lawyers AssociationNational League of CitiesPolicy Consensus InitiativeInternational Association for Public Participation, and International City/County Management Association, as well as leading practitioners and scholars of public participation.

    Communities that want to move forward with new public engagement processes and policies can also turn to an array of new resources being offered through ICMA’s Center for Management Strategies. CMS has assembled a team of leading engagement practitioners, research specialists, and subject matter experts who can help local governments develop and implement effective civic engagement programs.

    —————————————————————————

    WOW AND CLALLAM COUNTY HAS A HOME RULE CHARTER

    AND 15 NEW CHARTER MEMBERS

    AND THREE CONSERVATIVE COMMISSIONERS

    HOT DAMN… LET’S GO FOR IT..

     

     


  • A Comment on Electronic Warfare

    She was there..
    This is her comment
    —————————-
    Sent: Friday, November 21, 2014 2:27 AM
    Subject: Olympic peninsula electronic warfare
    —————————————————————–

    Hey Gang

    Great turn out in Pacific Beach. I’d say a good 90% were no more convinced by the meetings end, that the health and safety for human, wildlife or the natural environment, the NAVY EA claims to be safe, really AREN’T proven to be. But who are we to question the Navy?

    Or is it even the Navy we should be questioning?
    Two highly qualified guests on both National Defense and the Environment were present speaking on behalf of the Public concerns as well as opinions of their own.

    PB was happy to welcome Craig B Hulet who has 35 years experience in International Relations,

    Military, Terrorism, Business and Security under his belt. He has been a consultant to Federal law enforcement DEA, ATF&E on Justice and Homeland Security for over 25 years and has written many books on the Geopolitical climate in these areas.

    Karen Sullivan biologist and environmental Science professional was also welcomed and shared the suspected/known dangers of this type of EW technology on ALL life itself.

    The technology that has never been proven safe but only assumed safe and

    still not properly tested. I can’t thank them enough for the informative comments and questions addressed to the Navy. You can view the 139 page PDF of Mr. Hulets scope 

    on the Navy’s 228 page EW Warfare PDF on his website. Just google Craig B Hulet or Karen Sullivan for websites and information pertaining to EW warfare on the Olympic Peninsula. READ these informative PDF’s.

    These contain points from some of the issues discussed at the meeting. I tried to forward the PDF’s but ran into All kinds

    of problems and a clogged up mail box that I can’t delete the sending process from.

    I hope I didn’t pass the mail problem on to all you too.

    Nothing in my outbox, no mail, but it just keeps sending and failing and sending and failing????????? geesh!

    Any way. The outcome of this meeting? I can only give my opinion.

    DOG and PONY SHOW by the Navy? YES. They did what they were

    sent out to do. Read from parts of the 228 page EA assessment and try to verify it’s solidity.
    The Navy stated,  they are up in the skies now! They have been there since the 1940’s. (what’s new?).  They’ve increased their air traffic and flight patterns since 2008 when they started talking about implementing these War plans here,

    with the USFS and the Committee of Armed Forces (that would be Ex-Dicks and

    currently Kilmer?). Yep mister wild lands man himself under the “green mask” was

    here to take land for the federal government in more ways then one, apparently 

    The green groups who secured his position in the House (for his push on Federal

    takeover of PUBLIC lands for locked up wilderness), got their wish. 2 days or so

    after the elections WILD OLYMPICS RE-surfaced.

    Waste no time Kilmer did his part! just days before the Navy’s Warfare Plans

    surfaced, with little to no public knowledge of it’s existence. Has the green party’s

    spiritual environmental plans been crushed?

     WOAH…. Nellie! Right in the thick of it! Gordon and his tam wearing team were

    there just like little statues in a row, as always.  Lining up with panic stricken faces.

    We warned green parties this was not about wilderness or the future of our forests,

    our natural resources or our children and grandchildren.

    It was about occupation and federal control to do ANYTHING and everything

    they deem fit. I think some are catching the clue.

    They must have forgotten  Wa. State has an “Obama Congress”.

    Starry eyed, the green parties believed they were the “chosen ones”. SURPRISE?

    Look who’s pushed them off their table? Their own congressman? 

    What? Never mentioning PUBLICLY EW warfare was already in the making long

    before choking out the worthless, Wild Olympics debacle? Does it matter in which way

    the Federal Government takes our PUBLIC, PRIVATE or RESOURCE lands away? I’m sure they will be very curious to ask congressman Wild Kid bilkhawk what the deal is. Never know when things will come back to kick ones ass (heehaw).
    By the end of the meeting. It was pretty much written in plain black and white.
    Done Deal – To Bad – We’re already here AND DON’T PLAN ON GOING ELSEWHERE

    nor did they give the impression they would be forced to. The Military will

    basically trump the wilderness laws and up their flight activity a said 10%.
    Since 2008 we’ve seen it take a 10% or more leap in air activity already.

    The Military would not discuss the current chemtrailing.

    Their response to that was “we’re here to address the EW only”.

    They were not qualified to speak on anything but the EW presentation.

    They brushed that off their shoulders quite easily. So perhaps another day,

    with another dollar we’ll have to ask for PUBLIC transparency on the military activity

    that is currently spraying our skies and manipulating the natural environment

    in our atmosphere.
    The Military reasoning for moving here was, to save government costs and

    to bring military families closer together with their servicemen.
    (REALLY? I thought that was part of what a military family was geared to compensate for? 

    The possibility of a family serviceman or woman being called upon at any time

    to go preform their duties? That’s what they sign up for. Has the military become

    whiners now too under Obama-man? 

    Perhaps obama feels our military should be

    equal to the same room and board the foreign invaders are receiving with every illegals,

    father, brothers, sons, mothers, daughters cousins and their strings of children

    are now getting for busting over our borders. Closer family accommodations.

    450 Jose’s a day? Pick your family we will pay)

    Sorry everybody I couldn’t help myself).

    Saving on Government costs?

     
    FYI – One growler jet burns up to 1000 gal of fuel per hour. 8 hours of exercises

    (cut down from their original 12) per day and estimated 11 exercises per week.

    88,000 Gal. of fuel per week? HELLO EMISSIONS!

    The Olympic pristine environment?

    MOVE IT ON OVER!

    Human carbon emissions? Stop breathing or pay a higher price for your airspace!

    The US Navy is here.
    Violations were found by the USFS failures

    to go through necessary approval processes including Nepa assessment. 

    The Navy had the Nepa EA permit processing guidelines approved only.

    No sound testing for using this technology just guidelines they must follow.

    Of coruse they said they would follow. But no proof can be presented, without production,

    so to speak.
    Last but not least a question asked to the Navy: What are the health and safety

    concerns you have taken to protect the officers that will be operating inside of

    these emitter trucks at very close range and doesn’t this present a greater danger

    to them?

    The Navy stated under the their strict frequency guidelines and airspace,

    where these mobile emitters will be directing these waves (away from the truck),

    they foresee no problem or danger. Now here’s the “Tell all”.
    Also these won’t be Navy officers, they will be CIVILIANS who will be inside

     

     

    the emitter trucks!!!!!! DID YOU HEAR THAT DIANNE????

    I heard C-I-V-I-L-I-A-N-S.

    Correct me if I’m wrong
    So in other words,  if there are any guinea pigs out there, will you please raise your hands?

    Put the young boys on the front lines and civilians in the electromagnetic emitter trucks.

    Sound about right? What difference does it make? They are just numbers on paper,

    no special significance, just numbers similar to the young Viet-Nam war casualties.


    Lots of Reading to do on this highly controversial Warfare training.

    Both Craig B Hulet’s PDF and Karen Sullivens PDF are well worth your time

    in understanding the issues on all sides of the spectrum.
    A BIG thanks to Grays Harbor Commissioner Wes Cormier

    for arranging the Meeting in Grays Harbor County that Congressman Kilmer

    had no time for and felt it insignificant.

    Very poor representation on Kilmers part, our fine member on the board of

    The Committee Of Armed Forces. Ever hear him mention EW during his

    “visiting the naval base” back patting appearances?
    Lots of Quinault Residents showed up! NICE TO SEE.
    Only so much can be accomplished at an “informational” public meeting.

    From my observation this “informational” meeting proved only, that much

    more discussion needs to take place, more knowledge brought forward from all

    sides and many undocumented legal processes need to be thoroughly applied for

    and also studied before this plan should be allowed to move forward and be fully

    implemented. The comment period needs to be extended through next year I feel.

    BIG issues should not be allowed to offer the general public only a LITTLE time frame

    in order to bring all the necessary agencies and proper channels together to provide

    honest factual representation of this “proposed action. If you catch the scent of dead fish

    in the air you’ll know where it’s coming from.

    I personally see a Military coupe over U.S. Citizens coming in and taking the coast

    and half of Washington State with it. As Craig Hulet said (in so many words) he has never

    known the Military to stop in growth, once boots are on the ground.

    Move it on over the big bad dogs moving in. Remember,  the Military takes it’s orders

    from who ????????
    I believe this goes far deeper than Dean the Bean Millett.

    He’s the stoolie. I do believe most all of the Peninsula and half the Seattle and Tacoma

    and beyond have big issues with Dean.
    FYI – The USFS was not their to represent their case on their permit proposal.

    Dodging tomatoes can be exhilarating. Dean must be hiding under Mother May I’s apron strings.


    Who controls the USFS?
    Who controls the DEPT of INTERIOR and DEFENSE.

    Do we even know anymore? for sure?

    This has all the signs pointing to Agenda 21 full speed ahead and I do believe

    the military is here to begin it’s UN implementation. The Navy is extending their

    presence here to do this under orders, to do the job they are assigned to do. 

    I can respect that. But BY WHO’S IRON FIST? and for WHO’S real purpose.

    Does the military even know anymore?

    I guess it’s not their job to know. They are our Armed Forces and take

    the orders from the (choke) commander in chief by way of DHS/DOD, when the commander

    himself is out at a golf game and unavailable to take responsibility for action on anything. 

    No questions are supposed to be asked, they just serve.


    I love our Military and do genuinely thank them for their service and dedication. What would

    we have done in the past without them? I myself haven’t enough guts that come anywhere

    near the courage and dedication it takes to put their lives on the line everyday during

    training or actual combat missions. I appreciate what they do but I don’t feel this is the

    place to do it.

    Who can we trust anymore during a time when the American people seem to be under siege

    by their own U.S. President? to be turned over into hands of the United Nations warlord

    banking cartel?

    My instincts tell me to DUCK! cause we are under fire

    Well Doug and Dianne were there and may have absorbed things a bit differently.

    I know Dianne’s not shy so if I’ve crossed my wires, she will correct me.

    So Dianne please share how you comprehended what was revealed from this meeting and where you foresee this all going.
    My next Digest will follow the Grays Harbor SMP  Dec 17 also at Pacific Beach.
    Cheers!

     


  • WOW Wild Wilderness Warfare?

    WOW Wild Wilderness Warfare?

    PLUS….  Violations of Federal Law in the US Navy’s Procedures for Obtaining a
    Permit  to Conduct Electromagnetic Warfare Testing and Training in the Olympic National Forest?

    How in the world are Rep Kilmer and Senator Patty Murray going to pull this one off?

    ————————————————————————————-

    Dear elected public representatives and appointed administrative rulers, Federal, state, county and city (AKA Public Servants)

    This is the best OBJECTION, by Karen Sullivan, I have every read on the Olympic Peninsula Electronic Warfare Project

    Described to me by District Ranger Dean Millett as no big deal…

    “JUST A COUPLE OF ROADS FOR A COUPLE OF PICKUPS”

    PS – Just so you know, SHE is only one person, SIMPLY A CONCERNED CITIZEN who
    got a bee in her bonnet about this particular issue and decided to lend a
    hand. HER email volume has increased exponentially, with a lot of requests,
    and SHE cannot always answer every one, but SHE WILL  try. If we all lend our
    voices to Karen Sullivan  AND speak out, just think of the magnificent racket we can make!
    ————————————————————————————–

    Complete  text by Karen Sullivan  November 14, 2014

    Below is a clear proposal from a former employee who maps out why the
    proposed activity is not legal.  From the document:

    *Disclaimer: The author is not an attorney, but is a retired federal
    employee who worked under certain environmental laws and regulations, and
    who has a clear understanding of what a public process should be. *

    Dear Friends and Colleagues,

    Attached both as a PDF file and pasted into the body of this message,
    please find a summary of the ways in which I believe federal law has been
    violated by the Navy and the Forest Service, in the so-called public
    process and documentation associated with the Navy’s proposed
    electromagnetic warfare testing and training program for the Olympic
    National Forest.

    The reason for this lengthy document ( nearly 6000 words) is that neither unanimous public
    opposition nor the 2,000+ public comments submitted to the Forest Service
    so far have been found by the decision-maker, District Ranger Dean Millett,
    to be “substantive.”  Evidently, emotional pleas, descriptions of probable
    harm to small businesses and simple principled objections are discounted.
    Therefore, in order to rectify that lack as perceived by the Forest
    Service, I have attempted to give more substantive reasons why the Navy’s
    Environmental Assessment is defective and deficient and should be withdrawn
    or completely revised, and the Special Use Permit refused.

    I hope we can bring the total to 3,000 comments or more. Please feel free
    to use the information in here, share it and encourage more people to
    comment. You can comment more than once. Just go to:
    https://cara.ecosystem-management.org/Public//CommentInput?Project=42759
    and submit them.
    Best,
    Karen Sullivan

    PS – Just so you know, I’m only one person, simply a concerned citizen who
    got a bee in her bonnet about this particular issue and decided to lend a
    hand. My email volume has increased exponentially, with a lot of requests,
    and I cannot always answer every one, but I’ll try. If we all lend our
    voices to speak out, just think of the magnificent racket we can make!

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

    *Violations of Federal Law in the US Navy’s Procedures for Obtaining a
    Permit *
    *to Conduct Electromagnetic Warfare Testing and Training *
    *in the Olympic National Forest*
    *Contents:*
    *1. Summary*
    *2. Violations of Federal NEPA Law*
    *3. Violation of National Forest Management Act and Forest Plan *
    *4. Cumulative Impacts – Omissions in Documents*
    *5. Fraudulent Noise Measurements*
    *6. No Verification of Navy’s Claim of No Significant Impacts*
    *7. Some Unaddressed Public Concerns*
    *8. Conclusion*

    *Disclaimer: The author is not an attorney, but is a retired federal
    employee who worked under certain environmental laws and regulations, and
    who has a clear understanding of what a public process should be. *

    *Part 1*

    *Summary*
    The US Navy is proposing to take large swathes of Washington’s Olympic
    National Forest plus a large amount of airspace over Olympic National Park
    and the communities in the area, to run electronic warfare attack and
    detection testing and training, for 260 days per year, permanently, using
    at least 36 new supersonic attack jets and radiation emitters on the
    ground, in 15 locations. The Navy has refused to hold true public hearings
    in affected communities on the Olympic Peninsula, citing not enough money
    in their $11.5 million dollar budget. Each new jet costs between $68
    million and $77 million, depending on which figure is used, so the total
    equipment budget is approximately $2,785,500,000. No public notices were
    printed in any newspapers that directly serve the affected communities.

    *The issue boils down to:* Should the Forest Service issue a Special Use
    Permit to the Navy to use roads in the Olympic National Forest to run their
    electronic radiation-emitting truck-and-trailer combinations, which would
    entail numerous unannounced forest closures and other problems? In a
    Machivellian twist, Dean Millett, the Forest Service District Ranger who
    will be making the decision on whether or not to issue the permit, has been
    limited to a very narrow scope, considering only the impacts and effects
    from the truck-and-trailer rigs and nothing else. No jet noise, no jet
    emissions or fuel dumps, no hazards from air-based electronic attack
    weapons, no chronic radiation, no fire danger, or other concerns brought up
    by the public are being considered in issuing this permit. These other
    concerns have been labeled by Mr Millett as being “outside of his decision
    space.” Yet if he issues the permit for road use by the Navy’s emitters, it
    will trigger all of the other testing and training actions and their
    impacts, none of which were evaluated in the Navy’s Environmental
    Assessment of September 2014.  The Navy’s Environmental Impact Statement of
    2010 is unavailable for public comment because the Navy removed it from
    their web site.

    *A military program of electronic warfare on public land* qualifies as a
    major federal action and is thus subject to a public process under the
    National Environmental Policy Act of 1969, or NEPA. This process includes
    hearings in affected communities whenever there is environmental
    controversy. These hearings must be in accordance with NEPA guidelines,
    which safeguard the public’s right to be heard.  In addition, the
    scientific evidence to back up statements must be thorough, accurate, and
    available for public scrutiny. In this case, the public’s right to know and
    participate has been severely abridged and the Navy’s “science” and legal
    maneuverings for justifying all of these impacts to our communities are
    shakier than the San Andreas Fault.
    *If the permit is issued,* it will likely affect other National Forest
    lands as well, all of which have long been considered appropriate for
    “…military training when compatible with other uses and in conformity with
    applicable Forest Plans,” in a Memorandum of Understanding between the
    Department of Defense and the US Department of Agriculture. In the Ocala
    National Forest in Florida, for example, the Navy maintains a live bombing
    range located half a mile from one campground and two miles from another.
    This is probably not what Theodore Roosevelt had in mind when he moved the
    Forest Service from the Department of the Interior to the Department of
    Agriculture.

    District Ranger Millett is expected to sign the permit despite almost
    unanimous public opposition, *unless the Forest Service receives formally
    and in writing what he called “substantive” comments by the end of the
    comment period on November 28*, *2014*. Mr Millett declined to define
    “substantive” when asked at a public informational meeting. Therefore, it
    is the aim of this document to provide readers with the best examples of
    substantive comments possible, short of legal advice from an attorney.

    *Public comments can be sent* to: dmillett@fs.fed.us, gtwahl@fs.fed.us, and
    inputted directly online at:
    https://cara.ecosystem-management.org/Public//CommentInput?Project=42759

    *Part 2*

    *Violations of Federal NEPA Law*

    *1. Failure to notify the public:* The Navy has violated the National
    Environmental Policy Act of 1969 (NEPA) by failing to adequately notify the
    public. One 8”X11” poster stuck on bulletin boards at a couple of post
    offices, combined with tiny notices placed in a few newspapers many miles
    away from those that directly serve affected communities, are a ludicrous
    excuse for notifying the entire population of the Olympic Peninsula.
    Congressman Derek Kilmer’s office sent the Navy a packet with contact
    information for all the local newspapers in affected communities, along
    with a request to prominently post public notices in those papers. Neither
    the Navy nor the Forest Service placed a single notice in any local papers
    serving Olympic Peninsula communities. This is a clear violation of the
    spirit and intent of NEPA as well, and a bad faith gesture to residents of
    the Olympic Peninsula.

    *Why did the Navy discard requests from a congressman and deliberately
    violate federal law in their public notification process?*

    *2.  Failure to record public comments: *Due to the high volume of
    complaints received, Rep. Kilmer asked the Navy to hold public meetings.
    Since then the Navy has made it repeatedly clear that were it not for
    Congressman Kilmer’s request for public meetings, there would be none on
    the Olympic Peninsula. Instead of holding hearings under NEPA, however, the
    Navy and Forest Service held “Informational Meetings.” The fact that none
    of the public’s comments were officially recorded at any of the meetings in
    Forks, Port Angeles and Pacific Beach has further upset people’s confidence
    in government and muddied the understanding of the NEPA process. Most are
    wondering why they aren’t getting a fair shake under normal NEPA procedure.
    CEQ regulations require that agencies “make diligent efforts to involve the
    public in preparing and implementing their NEPA procedures” (40 CFR
    1506.6(a)). “Informational meetings” fulfill neither NEPA requirements nor
    the public’s desire to comment, ask questions, and receive answers,
    especially when people are given one minute to speak and then interrupted
    frequently. The Navy has failed to conduct a proper NEPA process.

    *Why does the Navy refuse to hold hearings and record public comments?*

    * 3. Commenters are given no legal “standing:”* Since none of the hundreds
    of people who have attended the Navy’s informational meetings have had
    their comments recorded, none have any legal standing in the NEPA process,
    unless they submitted their comments again through other avenues that
    require knowing the email addresses of certain officials, or knowing where
    the Forest Service’s web-based NEPA page is. Had these been true public
    hearings, all of those people would now have legal standing, because many
    also held printed comments in their hands, ready to submit after they
    finished speaking. In the Port Angeles meeting, both the Navy and Forest
    Service dismissed the idea of recording comments despite being repeatedly
    challenged to by attendees. The public’s right to a full hearing is
    codified in the Code of Federal Regulations at 40 CFR, and in the State of
    Washington Revised Code, at RCW 42.30.

    *Why were commenters at public meetings given no legal standing in the NEPA
    process?*

    *4. What legal standing means:* Any grievances the public has about
    electromagnetic warfare testing and training MUST be addressed in public
    comments first, in order to have legal standing, which means we are giving
    the Forest Service and the Navy notice that we, the public, think these
    grievances should be addressed. If those grievances are not rectified, any
    legal actions on behalf of the public that follow would have more
    authority, because the Navy had been aware of the grievances yet chose not
    to address them. Without legal standing, those legal actions on behalf of
    the public would likely have less authority due to the implication of no
    notice of grievance being given in public comments. This is a denial of due
    process as stipulated in NEPA, and a distortion of the true amount of
    public concern. On page 1-8 of the Environmental Assessment, the Navy
    states, “No comments were received on the draft EA.” That is *exactly* the
    fear of people who attended those meetings, that their comments would not
    be acknowledged and that the absence of their comments will be reflected
    similarly by the Navy as it did in the EA, thus implying less public
    interest than there really is.

    *5. When hearings are required:* Public meetings or hearings “…are required
    when there may be substantial environmental controversy concerning the
    environmental effects of the proposed action, a substantial interest in
    holding the meeting, or a request for a meeting by another agency with
    jurisdiction over the action.” (40 CFR 1506.6 (c)).  Proper hearings under
    NEPA have not been held in affected communities, and the usual citizen’s
    right to register comments at public hearings has been denied. Therefore
    the Navy and the Forest Service have violated NEPA in this regard, too.

    *Why are the Navy and Forest Service discounting the extreme level of
    public sentiment that is being amply demonstrated in other ways besides
    formal written comments? *

    *6. Written comments are also being discounted:* Despite the level of
    public concern remaining extremely high, District Ranger Dean Millett was
    recorded on videotape during the meeting in Port Angeles saying that as of
    November 6, with regard to formal written public comments, the Forest
    Service had received “nothing substantive” that would stop him from signing
    the permit. He is looking exclusively for defects in the Environmental
    Assessment, and insists that public opinion doesn’t count if people simply
    express their objections. He also has said that 2,000 written comments are
    “not a lot” and have had no effect on him. The comment period has been
    extended twice, yet the public is still struggling to wade through the
    nearly 5,000 pages of scientific and technical documentation, much of which
    remains unavailable to them. By not allowing the public sufficient time to
    catch up with a process they entered late, through no fault of their own,
    and by not allowing them time to develop substantive comments, the Forest
    Service is compromising NEPA law.

    *What is the point of a public comment process if the Forest Service
    ignores public opinion?*

    *This is why the Forest Service needs to extend the comment period to the
    end of January, so that the public has enough time to understand the issues
    well enough to make “substantive” comments, and so that the holidays won’t
    interfere with that. *

    *7. Other agencies not consulted:*  Neither Olympic National Park nor the
    State DNR, whose lands will be affected by the mobile emitters, were
    consulted during the drafting of the Environmental Assessment. If they were
    consulted afterward, then where is the public record of those
    consultations? This is another failure on the part of the Navy in its NEPA
    procedure.  Also, neither DNR nor the Park Service were represented at any
    of the informational meetings. Why not?  Failure to consult with other
    affected agencies is a violation of federal law.

    *Part 3*

    *Violation of National Forest Management Act and Forest Plan*

    *8. Public interest is paramount: *By signing the permit, the Forest
    Service places itself in violation of its own Forest Management Plan, and
    the National Forest Management Act. No outside agency, including the
    Department of Defense, has the right to override the Forest Service’s own
    Forest Management Plans and conduct activities that place their priorities
    over those of the public. The Forest Service’s own regulations state that
    military use of public lands is not permissible if the military has other
    “suitable and available” lands for their Proposed Action, and Forest
    Service management policy states that when considering issuing such a
    permit, “…the interests and needs of the general public shall be given
    priority over those of the applicant.”  The Navy has not adequately
    demonstrated that it has not investigated the use of private or other
    lands, and its reasons for wanting to move the entire electronic warfare
    program from Mountain Home, Idaho to the Olympic National Forest are not
    enough: fuel savings and ease of scheduling for training are insufficient
    justification to override the overwhelming socioeconomic and environmental
    interests of the public.

    *Why are the needs and desires of the public not being given priority over
    the desires of the Navy?*

    *9. Special Use Permit screening checklist*:  Among its 14 requirements,
    the Forest Service’s own checklist for considering applications says, “Use
    will not pose a serious or substantial risk to public health or safety AND
    Use will not create an exclusive or perpetual right of use or occupancy AND
    Use will not unreasonably conflict or interfere with administrative use by
    the Forest Service, other scheduled or authorized existing uses on or
    adjacent to non-National Forest System lands.”

    (36CFR 251.54; FSH 2709.11 12.2 & 12.3; FSM 2703)

    *Part 4*

    *Cumulative Impacts – Omissions in Documents*

    *10. Documents still unavailable:* Though the Forest Service’s NEPA home
    page links to the Navy’s Environmental Assessment and its decision
    documents, neither it nor the Navy web pages contain links to the 2010 EIS,
    which was removed from public access by the Navy, or the previous EIS’s
    going back to 1989 that have been cited by the Navy in meetings, or the
    Fish and Wildlife Service’s 2010 Biological Opinion, which is not posted
    anywhere, or to the temporary permit that was issued by the Forest Service
    to the Navy three years ago, or to the Memorandum of Understanding that
    declared military training to be an “appropriate use” of national forest
    lands, or to supporting documents referenced in the Navy’s Environmental
    Assessment, such as Joint Publication 3-13.1, which describes the methods
    and intent of electronic attack weapons on the Growler jets that will be
    training in the Olympic National Forest.

    This is a violation of NEPA, which says such pertinent documents shall be
    made available to the public for scrutiny.  (18CFR 380.9).  Moreover, an
    explanation of the Forest Service’s own updated NEPA handbook says, “…NEPA
    procedures regulations [sic] are intended to let interested parties become
    more effectively engaged in the decision making process rather than merely
    as reviewer of proposals and final documents. Specifically, the regulations
    include an option for responsible officials to incrementally develop,
    modify, and document proposed actions and alternatives through an open and
    transparent process.”

    *If District Ranger Dean Millett is the responsible official who has the
    power to make the public review process more open and transparent, then why
    does he not do it?*

    *11. Navy dismisses entire categories of impacts:*  On page ES-2 of the
    Environmental Assessment the Navy states, “Cumulative impacts of the
    Proposed Action, in combination with other past, present, and reasonably
    foreseeable future impacts, were analyzed. Based on the analysis, cumulative
    impacts within the EW Range Study Area would not be significant.” On page
    4-1 the Navy says, “The cumulative impacts analysis in this EA focused on
    impacts that are “truly meaningful,” in accordance with CEQ guidance
    (Council on Environmental Quality 1997). The level of analysis for each
    resource was commensurate with the intensity of the impacts.” Also, “…this
    EA dismissed from further analysis the actions and environmental
    considerations that were considered not reasonably forseeable.” *The Navy
    is not allowed to dismiss environmental considerations* it considers not
    meaningful or foreseeable during a NEPA process; this is a violation of
    NEPA, which does not allow an agency such leeway. In November 2009, a
    federal court judge ruled that a faulty impacts analysis in a NEPA process
    may subject the government to financial liability later. In early 2010, the
    Obama administration announced plans to require analysis of the proposed
    action’s relation to climate change, along with impacts on land use,
    biological diversity, and air and water quality. While analysis of
    cumulative impacts has been the subject of disagreement among agencies, *the
    Navy has provided in its EA neither peer-reviewed citations nor detailed
    analysis on any of the following topics, all of which would be in the
    public’s interest:*

    a. Socioeconomic impacts to communities from increased jet noise and air
    pollution;

    b. Impacts to wilderness values in Olympic National Park;

    c. Cultural factors, including traditional uses of land;

    d. Analysis of multiple stressors on humans, endangered species, and other
    wildlife;

    e. Analysis of chronic radiation effects on humans, wildlife and habitats,
    including aquatic; (There was no mention in the EA of the U.S. Department
    of Interior’s February 7, 2014 critique of the FCC’s outdated dismissal of
    radiation concerns, see

    http://www.ntia.doc.gov/files/ntia/us_doi_comments.pdf  )

    f. Evaluation of the protection of children, environmental justice, water,
    land use, and geology;

    g. Analyses on population effects on threatened bird species, particularly
    the cumulative effects of noise and electromagnetic radiation on the
    northern spotted owl and marbled murrelet, in whose critical habitat areas
    most of the Navy’s emitter sites will be located;

    h. Analysis of the effects of electromagnetic radiation and loud sounds on
    migrating shorebirds, geese, ducks, and other non-listed birds;

    Additionally, there were none of these:

    9. Cost analysis for jet fuel savings from not flying an extra 400 miles,
    versus effects on the environment.

    i. Analysis of other sites as alternatives to the Olympic MOA, including
    private lands.

    j. Analysis of the increased fire danger posed by jet and drone crashes,
    sparks from vehicle transmitters or operators’ cigarettes, or misdirected
    electromagnetic beams from either the transmitters or from jets, hitting
    tinder-dry vegetation;

    k. Analysis of the interaction and effects of climate change as a potential
    magnifier of impacts.

    *Why did the Navy not do its homework?*

    *Did the Forest Service assess each segment of the Olympic National Forest
    to be used by the Navy with an initial focus on identifying and evaluating
    the wide variety of impacts and potential risks to resources?  Were these
    risks rated as high, medium or low? Did the Forest Service assess impacts
    from jet emissions, jet and drone crashes, possible fires caused by said
    activities, along with other impacts, including but not limited to:  Loss
    of National Forest public revenue, loss of use by the public, the scope and
    number of acres needed for use by the Navy, the scope of the habit in that
    area, etc.  If there is potential damage, how will Navy restore these
    areas?  *

    *Were the above factors, if investigated by the U.S. Forest Service,
    reviewed by the Forest Botany and Wildlife Team? During their review, did
    they specifically consider the influence of electronic and electromagnetic
    affects to species such as fragmentation, disturbance, and potential loss
    of habitat quality?*

    *Part 5*

    *Fraudulent Noise Measurements*

    *12. Jet noise not accurately measured for assessing impacts:*  At a
    meeting with residents in Coupeville on the topic of jet noise, a Navy
    representative described the process of sound measurement as that of
    placing a GE engine on a test platform on the ground, turning it on and
    recording its noise. That data is fed into noise mapping software that
    considers land contour data. The processed data was then averaged with
    quiet time over the length of a year to produce a “Day-Night Average,” as
    is done at commercial airports by the FAA. No live jet takeoffs or landings
    were measured in establishing the Day-Night Average, according to the Navy
    official, nor was the frequent use of afterburners ever factored into those
    sound levels, nor was the significant extra noise from extended flaps,
    landing gear and speed brakes included.

    The Navy developed a decibel average of 65, which is under the limit for
    hearing damage but over the limit, according to the Navy’s own figures, for
    residential development. 65 decibels does not, however, account for the
    times when the decibel level *inside* some residential homes is above 100,
    which is more than enough to cause hearing loss, or the fact that at some
    homes at Admiral’s Cove the decibel level has been measured by an
    independent sound professional, at 134.2.  Growler jets are louder than the
    Prowlers they are replacing, and the Navy has promised that the minimum
    altitude they will be flying over land is 1200 feet. That has been
    frequently contradicted by hikers on mountainous forest trails, who have
    reported seeing jets fly past beneath them. According to the Navy’s own
    figures, a Growler jet flying at 1000 feet produces a “Single Event Level”
    of 113 decibels, which is enough to damage hearing and cause medical
    problems in people subjected to it. In the Roosevelt-Okanogan Military
    Training Area the Navy is authorized to fly at 300 feet above ground level.
    It is not clear what would prevent them from authorizing that lower
    altitude in the Olympic National Forest.

    A recent study called Community Aircraft Noise: A Public Health Issue
    identified serious health effects in Coupeville, WA, caused by chronic and
    acute noise episodes:
    http://citizensofebeysreserve.com/Files/Community%20Aircraft%20Noise_A%20Public%20Health%20Issue.pdf

    *With regard to jet noise and emissions,* the “Citizens of Ebey’s Reserve”
    on Whidbey Island have created a web page which includes this Links and
    Files section, full of valuable information:
    http://citizensofebeysreserve.com/LinksAndFiles.html

    *As a result of the Navy’s apparent underestimation of sound levels* caused
    by jets, the effects of loud noise on threatened and endangered species in
    the Fish and Wildlife Service’s Biological Opinion for the Navy, which was
    begun in 2009 and issued in 2010, may be based on inaccurate or misleading
    information from the Navy. If this is indeed the case, that the Fish and
    Wildlife Service was given inaccurate or misleading information on which to
    base its evaluation of biological impacts, then the Biological Opinion
    should be considered invalid and formal consultation re-initiated under
    Section 7 of the Endangered Species Act, using actual sound measurements
    from real jets. Providing deliberately misleading information to a federal
    agency is also considered a form of fraud or false statement under US Code,
    Chapter 47. There may be other applicable laws that were violated.

    *What is the real level of sound produced by Navy jets, and why was this
    information not incorporated into impact studies, and shouldn’t the Navy be
    required to change its measurement system to the full spectrum of noise
    generated by actual aircraft?*

    *Part 6*

    *No Verification of Navy’s Claim of No Significant Impacts*

    *13. The Forest Service conducted no independent research:* At the Port
    Angeles meeting, District Ranger Dean Millett acknowledged and is recorded
    on videotape saying that *the Forest Service did not conduct any
    independent investigation to verify the Navy’s claims of no significant
    impacts*. This violates the Forest Service’s own policies as well as the
    law. For example, the Environmental Assessment dismisses potential impacts
    on everything that does not fall into its category of “observable
    wildlife.” It inaccurately states that amphibians and reptiles only exist
    around marshes and meadows. On page 3.2-6 it says, “The proposed activities
    do not occur on marshes or in meadows; therefore, it is highly unlikely
    that amphibians or reptiles would occur in the project area.”

    A similar statement dismisses the possibility of amphibians or reptiles
    occurring on “disturbed areas” such as roadside pull-outs where mobile
    transmitters would operate.  The Forest Service is presumably aware that
    the Olympic National Forest is designated a temperate rainforest, which
    means it is damp and wet during much of the year, and is prime habitat for
    amphibians such as frogs, newts, and salamanders throughout, which can be
    quite far from “marshes and meadows.” Furthermore, both amphibians and
    reptiles (e.g., snakes and lizards) often frequent cleared or “disturbed”
    areas. Dismissing amphibians and reptiles from consideration is misleading
    and unlawful, because amphibians are especially sensitive to
    electromagnetic radiation, particularly in their larval stages. Along with
    omissions of important analyses and data previously discussed, such blatant
    misstatements of fact *preclude informed public comment*, raise serious
    questions about the integrity of the preparers, and renders the entire
    Environmental Assessment and the permit that is intended to be based on it,
    suspect. *The US Forest Service has a duty to conduct its own independent
    scientific review* of the impacts of activities that it allows or condones.
    An agency cannot simply adopt the conclusions of another agency.

    *If the Forest Service questions the Navy’s data, then why has it not done
    its own independent investigations?  And if it does not question the Navy’s
    data, why not?*

    *14. The Courts have spoken:*  The above comments amply demonstrate the
    need for the Forest Service to conduct its own scientific review.  In Save
    Our Ecosystems V. P Clark E Merrell, http://openjurist.org/747/f2d/1240 the
    Ninth Circuit Court of Appeals said, “The Forest Service must do research
    if no adequate data exists.” In Foundation for North American Wild Sheep V.
    US Department of Agriculture, the Ninth Circuit Court said, “the very
    purpose of NEPA’s requirement that an EIS be prepared for all actions that
    may significantly affect the environment is to obviate the need for such
    speculation by insuring that available data is gathered and analyzed prior
    to the implementation of the proposed action.” 681 F.2d at 1179. In Warm
    Springs Dam Task Force V. Gribble, the Court held that an agency cured the
    defect in its EIS by commissioning a study about the effects of a newly
    discovered fault system on that dam. 621 F.2d at 1025-26.

    *15. Other courts have imposed similar requirements on agencies*. See,
    e.g., Rankin v. Coleman, 394 F.Supp. 647, 658 (highway project enjoined for
    inadequate EIS on effects and alternatives; alternatives must be
    “affirmatively studied”), mod. 401 F.Supp. 664 (E.D.N.C.1975); Montgomery
    v. Ellis, 364 F.Supp. 517, 528 (N.D.Ala.1973) (“NEPA requires each agency
    to undertake research needed adequately to expose environmental harms and,
    hence, to appraise available alternatives”) (project enjoined pending
    preparation of an adequate EIS); Brooks v. Volpe, 350 F.Supp. 269, 279
    (“NEPA requires each agency to indicate the research needed to adequately
    expose environmental harms”), supplemented, 350 F.Supp. 287
    (W.D.Wash.1972), aff’d, *487 F.2d 1344*
    <http://openjurist.org/487/f2d/1344> (9th
    Cir.1973); Environmental Defense Fund v. Hardin, 325 F.Supp. 1401, 1403
    (D.D.C.1971) (interpreting section 102(2)(A) as making “the completion of
    an adequate research program a prerequisite to agency action …. The Act
    envisions that program formulation will be directed by research results
    rather than that research programs will be designed to substantiate
    programs already decided upon”) If the information relevant to adverse
    impacts is essential to a reasoned choice among alternatives and is not
    known, and the overall costs of obtaining it are not exorbitant, the
    agency *shall
    *include the information in the environmental impact statement.

    *Part 7*

    *Some Unaddressed Public Concerns*

    *16. Chronic radiation effects not addressed:* In Section 2.1.1.4, the
    claim that the noise and RF radiation from mobile emitters will not impact
    what the Environmental Assessment calls Biological Resources is entirely
    based on the premise that the mobile emitters are moving around the forest,
    so exposure at any one site is limited. This despite the fact that 3 mobile
    units will be in operation from 8 – 16 hours per day, 260 days per year,
    among 15 different sites on the Olympic Peninsula. According to the EA,
    each mobile emitter site will average 11.15 training events per day, which
    also includes electronic detection and attack weapons from jets. This works
    out to an average of 468 hours of electromagnetic radiation per site per
    year, or 195, 24-hour days per decade. The Department of the Interior has
    criticized the FCC’s standards for cellphone radiation to be outmoded and
    no longer applicable as they do not adequately protect wildlife:
    http://www.ntia.doc.gov/files/ntia/us_doi_comments.pdf

    *Where is the peer-reviewed research to back up the Navy’s claim of no
    significant impacts?*

    *17. Potential loss of human lives:*  Page 2-7 of the environmental
    assessment says the following: “The activities of the Proposed Action
    center on two divisions of EW, known as electronic warfare support (ES) and
    electronic attack (EA).” Then it goes on to provide this short explanation:
    “Sailors aboard Navy ships, submarines, and aircraft conduct ES and EA
    training as they search for, intercept, identify, and locate or localize
    sources of intentional and unintentional radiated electromagnetic energy
    for the purpose of immediate threat recognition, targeting, planning, and
    conduct of future operations. “(EA 2-7)  This sounds pretty benign.

    The environmental assessment references Joint Publication 3-13.1,
    Electronic Warfare, 08 February 2012 as a source document, and if you look
    at this publication the short explanation above is, verbatim, the
    definition of electronic support but  the environmental assessment leaves
    out any explanation of electronic attack (EA). Joint Publication 3-13.1
    defines Electronic Attack as follow: “EA refers to the division of EW
    involving the use of EM energy, DE (directed energy), or antiradiation
    weapons to attack personnel, facilities, or equipment with the intent of
    degrading, neutralizing, or destroying enemy combat capability…”

    Directed energy is defined as:  “An umbrella term covering technologies
    that relate to the production of a beam of concentrated electromagnetic
    energy or atomic or subatomic particles. ” (GL6) “Examples include lasers,
    electro-optical (EO), infrared (IR), and radio frequency (RF) weapons such
    as high-power microwave (HPM) or those employing an EMP.  (I-4)  Now it’s
    getting serious. Additionally, Joint Publication 3-13-1 also speaks to
    unintended consequences of EW:  “Unintended Consequences. EW planners must
    coordinate EW efforts … to minimize unintended consequences, collateral
    damage, and collateral effects. Friendly EA could potentially deny
    essential services to a local population that, in turn, could result in
    loss of life and/or political ramifications.”  (III-5)

    The Environmental Assessment, which only deals with the ground operations
    (the emitters), is addressing just a part of the impact and is totally
    silent on what may be the bigger concern, which is impact caused by the
    aircraft, ships and submarines engaging in EW training, and particularly
    electronic attack training.

    *What types of electronic attack will be practiced, and what are the
    potential impacts, intended or otherwise, on the local population and the
    environment?*

    *How can a Special Use Permit include the use of Electronic Attack weapons
    if they weren’t even discussed in the Environmental Assessment? *

    *Part 8*

    *Conclusion*

    The U.S. Navy is demonstrably unable to perceive or assess impacts in our
    forests, and is evidently unwilling to assess or disclose impacts to
    humans, wildlife and habitats from a variety of sources that concern the
    public. Because none of these direct, indirect and cumulative impacts have
    been analyzed, and because there have been so many violations of NEPA
    procedure, and because case law has shown again and again that one agency
    cannot rely exclusively on the data from another agency, this Special Use
    Permit should not be issued. For the above reasons, the Navy’s self-serving
    Environmental Assessment should be withdrawn and an honest, independent
    assessment of impacts should be made by the Forest Service, in a valid
    Environmental Impact Statement that places no applicant’s priority above
    the interests of the public, and that allows the public to have a say in
    the management of its public lands.

    It is ironic in the extreme that the Navy forces other agencies to consider
    vast amounts of area when evaluating impacts, such as to endangered species
    in the entire northwestern region of Washington, or on a training range
    that stretches from California to Alaska, yet it forces public commenters
    to restrict themselves to one item on their menu of impacts when foisting a
    program of such potentially immense consequence upon the public.

    As of December 2014, the Navy will also be expanding its sonar and
    explosive activity (http://tinyurl.com/PDN-Sonobuoy2) into waters off
    Indian Island near Port Townsend, in the Strait of Juan De Fuca, and in the
    2,408 square mile Olympic Coast Marine Sanctuary, where the Navy says it is
    exempt from prohibitions. It has, however, said that bombing exercises will
    take place outside the Sanctuary. At the same time, the Navy is developing
    plans for two Carrier Strike Groups to train in the Gulf of Alaska just
    south of Prince William Sound and east of Kodiak Island, using new
    extremely loud weapons systems and sinking two ships per year, in exercises
    that the Navy admits will kill or injure 182,000 whales, dolphins,
    porpoises, sea lions, seals, sea otters and other marine mammals in one
    five-year period. This is less than the original prediction of 425,000
    marine mammals, but still so astonishing it makes one wonder what parts of
    our biologically rich coasts will not become war zones with high casualty
    counts, if the Navy gets its way.

    s/  Karen Sullivan, November 14, 2014


  • To Rep. Kilmer Electronic Warfare

    To Rep. Kilmer Electronic Warfare

    The following information has been submitted:

    Name: ms Pearl Rains Hewett

    Address: 235 W. 5th St.,
    City/State/Zip: Port Angeles, WA 98362 2811

    E-mail: phew@wavecable.com
    Telephone: (360) 417-9452

    Issue: ENV

    Message Subject:

    Protesting the Navy’s plans for electromagnetic warfare

    ——————————————————————–
    Message Text:

    Derek,

    These are your people in your home town.

    Large crowd protests Navy electronic warfare training plan at PA forum

    Many in the crowd grew upset when they learned the forum was not being recorded and the questions would not be used as part of the comments on the proposal. Instead, officials said questions and comments have to be submitted in writing through the formal comment process.

    Are the Feds just allowing them to blow off steam?

    Last night in Port Angeles, WA. KOMO news was there…

    http://vimeo.com/111189009

    ———————————————————–

    Large crowd protests Navy electronic warfare training plan at PA forum

    —————————————————-

    I sent this comment to friends…

    Good job FOR A LOCAL PROTEST.

    HOWEVER….This is a FEDERAL OFFENSE.

    CITIZENS MUST GO TO THEIR FEDERALLY ELECTED TO BE EFFECTIVE.

    I did not attend….

    I am Pearl Revere… NOT JOAN OF ARC.

    Thanks for the update.

    Pearl

    —————————————————————–

    November 7th, 2014 – 6:15am

    (Port Angeles) – More than a hundred people crammed the Port Angeles city council chambers last night, most protesting the Navy’s plans for electromagnetic warfare training over the west end of the Olympic Peninsula.

    The US Forest Service is considering a permit that would allow the Navy to place radio frequency emitters on mobile trucks in the Olympic National Forest. Forest Service and Navy officials held a public forum on the plan last night. But most of the those attending were strongly opposed, often interrupting the presenters. Every person asking questions was against the idea, echoing previous concerns about the effect of RF in the forest areas.

    The U.S. Pacific Fleet’s Northwest environmental program manager John Mosher says his agency’s environmental assessment for the permit shows it’s safe.

    But many of those asking questions disagreed and asked if current data was used in the study. Questions also covered the amount of noise expected by the increased training. Navy officials say the planes will fly at altitudes higher than 10-thousand feet and there will be no more than a 10 percent increase in activity. Some asked why the Navy doesn’t use an established training area. Navy officials say that would be costly and they area already doing training in this area.

    Many in the crowd grew upset when they learned the forum was not being recorded and the questions would not be used as part of the comments on the proposal. Instead, officials said questions and comments have to be submitted in writing through the formal comment process. The Forest Service is keeping that comment period open until November 28th.

    ————————————————————————

    Please don’t allow your people to protest in vein…

    Protest definition, an expression or declaration of objection, disapproval, or dissent, often in opposition to something a person is powerless to prevent or avoid:

    Still just, a Concerned American Grandmother

    Would you like a response? Y

     


  • Presumed to be Constitutional?

    Presumed to be Constitutional?

    This is WA State Law RCW 77.12.154

    These “STATE  EMPLOYEES” may enter upon “ANY LAND” or waters and remain there while performing their duties without liability for trespass.

    ——————————————————————————————-

    The US Government has taken the position that they can do anything that they want, where ever they want whenever they want. Remember the Olympic Peninsula Electronic Warfare Project? And, they got away with it until “We the People” demanded Due Process.

    ——————————————————————————————–

    Who Knew? About this is WA State Law RCW 77.12.154

    It took me two months, with the help of an attorney,  to find this  WA State Law, it was buried under the  “Right of entry”  Aircraft operated by department.

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

    When I told people about the law, they wouldn’t believe me. They said

    They can’t do that on my “PRIVATE PROPERTY” without my permission, without probable cause, without a search warrant.

     —————————————————————————————–

     You want to bet the government can’t do it on your private property?

    I have the documentation of hundreds of these incidences.

    In fact it is documented that FROM APRIL 21, 2010   TO FEB. 5, 2011 WDFW did knowingly trespass on every piece of private property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River.

     

     Indeed, They have been doing it and they are going to keep doing it, and keep doing  it until “We the People” demanded Constitutional Due Process.

     

    “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

     ——————————————————————————————-

    This is the PRESUMED law of the LAND in WA STATE.
    Goggle it for yourself…
    CHAPTER 77.12 RCW POWERS AND DUTIES

     THE 2011 Response from WA State Attorney General’s office
    ANY RCW, LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

    —————————————————————————————

    THINK ABOUT THIS?

    When They Came In WA. State

    This is  PRESUMED TO BE CONSTITUTIONAL BY THE AG

    You live in an isolated area…. on 20 acres of private property…you are home alone…. you are a senior citizen… your husband is gone….you look out your kitchen window…… there is a strange man walking around in your back yard…. he has walked several blocks into your private property, on your private road…
    With your husband gone…. what should you do?

    IT HAPPENED TO MY (removed for privacy)   WHAT DID SHE DO?

    SHE OWNS A GUN…

    She went outside and confronted the TRESPASSER. “This is private property” “What are you doing here?”

    The strangers response (he did not identify himself) was “I just wanted to see where this stream came from.”

    She told him, “This is private property” and asked him to get off of her land.

    So if you see some unknown guy, anytime, anywhere, A TOTAL stranger wandering around and trespassing IN YOUR BACKYARD, on your private property?

    Without your permission, without probable cause and without a search warrant?

    WHAT WILL YOU DO?

    ———————————————————————————————–

    THIS IS PRESUMED TO BE CONSTITUTIONAL?

    WA STATE EMPLOYEES? that do not wear a uniform? do not identify themselves? use your private road for access,  go sniffing  around in their official capacity, inspecting your 20 acres of private property, and  invading your privacy  in your own  back yard?

    This is the PRESUMED law of the land in WA STATE? AND AMERICA?

    —————————————————————————————-

    PRESUMED TO BE CONSTITUTIONAL?

    RCW 77.12.154
    Right of entry
    — Aircraft operated by department.
    The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.
    [1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.]
    —————————————————————————————-
    WA State law RCW77.12.154
    WDFW employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

    —————————————————————————

    THE 2011 Response from WA State Attorney General’s office
    ANY RCW LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

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

    And, When THEY Came  to Clallam County In WA State.

    This is the documented chronological order of the CLALLAM COUNTY TRESPASS

    PART (1)  FROM APRIL 21, 2010   TO FEB. 5, 2011 AND WHAT I DID

    DOCUMENT… DOCUMENT… DOCUMENT…

    In fact documented, in 2010, WDFW did trespass on every piece of property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River
    ——————————————————————————

    Sent: Saturday, February 05, 2011 6:38 PM
    Subject: UPDATE ON CRIMINAL TRESPASS CHARGES

    I have the following as evidence of, under Washington State RCW criminal trespass by the Dept. of fisheries and the Dept. of Transportation,

    1. A phone call on 4/21/10 from John Marrs at Lake Sutherland, asking me about the two trespassers on the Rains Sr. Trust land.
    When they were asked, who they were, they identified themselves as DFW employees. (My journals have been kept since 1999 and are admissible in court).

    2. A copy of my email date 4/21/10 to Penny Warren at the DFW regarding the trespassers.

    3. Penny Warrens DFW return e-mail to me regarding the trespassers on Rains Sr. Trust land dated 4/21/10, indicating that they were DFW employees, under contract by the DOT. She gave me the phone number for Dave Collins.

    4. A documented phone message left for Dave Collins WSDOT on 4/21/10 requesting that he call me.(my journals)

    5. A documented phone call from on 4/23/10 from Dave Collins WSDOT admitting that, (My journals) THE WSDOT WAS INSPECTING THE CULVERTS ON HIGHWAY 101 FOR FISH PASSAGE

    —————————————————————————

    10/20/14 Added for clarification

     RCW 77.12.755

    Ranked inventory of fish passage barriers.

    In coordination with the department of natural resources and lead entity groups, the department

    MUST ESTABLISH A RANKED INVENTORY OF FISH PASSAGE BARRIERS ON LAND OWNED BY SMALL FOREST LANDOWNERS

    based on the principle of fixing the worst first within a watershed consistent with the fish passage priorities of the forest and fish report.

    THE DEPARTMENT SHALL FIRST GATHER AND SYNTHESIZE ALL AVAILABLE EXISTING INFORMATION ABOUT THE LOCATIONS AND IMPACTS OF FISH PASSAGE BARRIERS IN WASHINGTON.

    This information must include, but not be limited to, the most recently available limiting factors analysis conducted pursuant to RCW 77.85.060(2), the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available.

    The inventory of fish passage barriers must be kept current and at a minimum be updated by the beginning of each calendar year.

    ———————————————————————————————–

    My comment UNDER THE INTERAGENCY CONTRACT BETWEEN WSDOT AND WDFW, WDFW WAS CONTRACTED TO REPEAT THESE TRESPASSES EVERY YEAR FOR 10 YEARS.

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

    NOTHING IN THIS SECTION GRANTS THE DEPARTMENT OR OTHERS ADDITIONAL RIGHT OF ENTRY ONTO PRIVATE PROPERTY.

    [2003 c 311 § 10.]

    Notes:Findings — Effective date — 2003 c 311: See notes following RCW

    Active Interagency Agreements – Washington Department of …

    wdfw.wa.gov/…/contracts/i

    Washington Department of Fish and Wildlife

    Jun 1, 2014 – 14-1109. 2014 WDFW-Quileute MOU Forage Fish … 10-1040.

    Anadromous Fish Agreement & Habitat Conservation Plan …

    Beaver Creek Intake Passage & Screening Construction …..

    Data Sharing Agreement Between DOL & DFW ….. MOA w/WSDOT

    on Hydraulic Projects, Fish Passage, CED Program.  

    ——————————————————————————————

    Continuing, the call on 4/23/10 from Dave Collins WSDOT admitting that,

    yes, they were DFW employees,
    yes, they were doing the mapping under contract to the DOT,
    yes, they were mapping our unnamed stream/tributary into Lake Sutherland.
    yes, they had put a biodegradable white tape in our stream,
    yes, they had taken water samples
    (the Rains Sr. Trust owns the water rights on that stream)

    When I asked Dave Collins WSDOT why as Trustee of the Rains Sr. Trust I had not been contacted for permission?
    Why DFW was not required to notify and get permission like Skagit County?

    His response was, “Well we can’t just contact/notify every little land owner”.

    I informed him that on 4/21/10 DFW was trespassing on 291 acres of Rains Sr. Trust land.

    During that phone conversation, I asked him if, when and where other mappings of Rains Sr. Trust shorelines, rivers, creeks and streams had been done.
    I asked him specifically about, the Dungeness River, Seiberts Creek, Bagley Creek and the Indian Valley Stream. His answer was, yes they had all been mapped by the DFW.

    During our phone conversation on 4/23/10 I requested copies of the results for the unnamed stream a tributary of Lake Sutherland that DFW trespassed on and the unnamed stream a tributary of Indian Creek (the Rains Sr. Trust owns water rights on that stream)

    Dave Collins WSDOT said he would send me copies of the reports when they had the results.

    6. A copy of my email to Penny Warren DWF on 2/02/11 and her response.
    WHY AFTER NEARLY A YEAR I HAD NOT RECEIVED THE REPORTS FROM DAVE COLLINS?

    7. A copy of Penny Warren’s email’s dated 2/03/11
    Indicating that Dave Collins WSDOT, had the reports for Lake Sutherland and Indian Valley and would send them to me on 2/03/11.

    8. I received the DWF 1 1/2 inch report on 02/05/11. The report covers all tributaries to the Elwha River starting at Lake Sutherland.
    On Monday or Tuesday I will get an overlay transparency for the 2 self-incriminating maps provided by Dave Collins WSDOT to show how many criminal trespasses occurred by DFW and DOT on Rains Sr. and Stratton Trust land in 2010.

    I forgot to mention streams or water on the Bolster and Longfellow’s property, but fortunately for me, both properties are on the DFW maps.

    The Stratton Trust owns 1/2 of Bolster, 1/4 of Indian Valley and 1/4 of Longfellow property. and should be involved in the criminal complaint, filing of charges and putting pressure on Clallam County Commissioners and Prosecuting Attorney Deb Kelly to enforce State law.

    ———————————————————————————————–

    The age of innocence…. In the beginning…

    APRIL 21, 2010    The  American Citizens were fearful of the trespassers, and they raised the alarm.

    Phone calls were made…  Blame was placed on the adjacent land owner. “What are you doing?”

    “Why are you throwing things in my only source of drinking water?”

    My response, “Those  trespasser  are trespassing on our private property. I don’t have a clue who they are.”

    When the trespasser were questioned they said they were from the state.

    I called a state employee,  and asked “Who are these state employees that are trespassing  on our private property?”

    She did not know. She called me back two hours later, and identified the trespassers. Indeed they were state employees, knowingly trespassing on private property, without the owner’s permission, without probable cause and without a search warrant.

    On  APRIL 21, 2010   my investigation and documentation started…

    TO BE CONTINUED…

    Oct. 21, 2014 Pay Attention to Thomas Jefferson

     “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

     ———————————————————————–

     Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.

     

    “Educate and inform the whole mass of the people… They are the only sure reliance for the preservation of our liberty.”


  • Navy to Face Public on Warfare

    Navy  to Face Public  on Electronic Warfare

    Update Electronic Warfare Project for the Olympic Peninsula

    Oct.8, 2014  Kilmer responds (full text below)

    Oct 8, 2014 PDN Navy to Face Forks Public

    Oct, 9, 2014 PDN  We are going to extend comment through the end of October

    I did demand answers on Sept 3, 2014 and make Rep. Derek Kilmer publicly and politically accountable for his  personal failure of “PUBLIC NOTICE” to the people he represents.

    Rep. Kilmer may not have ignored it, but he did not respond to me until Oct 8, 2014, over a month later.

    ———————————————————————————————–

    Rep. Kilmer’s Response Oct. 8, 2014 (snippet, full text below)

    Dear Ms. Hewett,

    Thank you for contacting me about the Navy’s proposed electronic warfare range throughout the Olympic Peninsula. I appreciate you taking the time to share your thoughts on this issue with me.

    To this point, I have asked the Navy to send a representative to discuss the project with the Forks Chamber of Commerce, per their request, to provide the community with additional information. I’m also exploring whether it would be possible FOR THE NAVY TO RE-OPEN THE COMMENT PERIOD and give folks on the Peninsula a greater opportunity to weigh in.

    ——————————————————————————————

    We have won  the right to  a meet and greet with the Navy

    NAVY TO FACE PUBLIC NEXT WEEK ON PROPOSED WEST END …

    www.peninsuladailynews.com/…/20141008/…/nav

    20 hours ago – FORKS — Community concerns over the Navy’s electronic warfare training proposal have prompted a meeting next week to … “We asked that the comment period be extended to [Oct. 31]

    ————————————————————————-

    We have won  the right to  EXTENDED PUBLIC COMMENT

    Thursday 9th October, 2014

    UPDATED — Navy to face public next week on proposed West End electronic warfare Peninsula Daily News DEADLINE EXTENDED FOR PUBLIC COMMENT.

     WE ARE GOING TO EXTEND COMMENT THROUGH THE END OF OCTOBER,’; Greg Wahl, a Forest Service environmental coordinator, said Wednesday.

    —————————————————————————————

    UPDATED — Navy to face public next week on proposed West End electronic warfare program; DEADLINE EXTENDED FOR PUBLIC COMMENT

    Peninsula Daily News Thursday 9th October, 2014

    FORKS — The deadline has been EXTENDED FOR PUBLIC COMMENT on the U.S. Navy’s environmental assessment for an electronic warfare training proposal. The development comes as the U.S. Forest Service considers issuing a special-use permit for the Navy to use its roads during the exercises.’; WE ARE GOING TO EXTEND COMMENT THROUGH THE END OF OCTOBER,’; Greg Wahl, a Forest Service environmental coordinator, said Wednesday. Comment on the Pacific Northwest Electronic Warfare Range project’s environmental assessment was set to end Friday, but with a community meeting on the topic coming next week, …

    ——————————————————————————————

    FULL TEXT  of Derek Kilmer’s response

    —– Original Message —–

    From: Representative Derek Kilmer

    To: phew@wavecable.com

    Sent: Wednesday, October 08, 2014 12:37 PM

    Subject: Responding to Your Message

    Electronic Warfare PROJECT for USFS Olympic Peninsula?

    Dear Ms. Hewett,

    Thank you for contacting me about the Navy’s proposed electronic warfare range throughout the Olympic Peninsula. I appreciate you taking the time to share your thoughts on this issue with me.

    As you know, the Navy is interested in developing an electronic warfare range to assist Navy pilots practice their skills. The range would consist of one permanent structure, located near Whidbey Island, and three mobile vehicles outfitted with electronics. All four components would be capable of emitting signals that would be observed by the pilots while conducting training missions.

    In accordance with the National Environmental Protection Act (NEPA) an Environmental Impact Study (EIS) was conducted to determine the effects the range would have on the local environment. The draft study was made available to the public for comment between August 1 and August 15th. The comment period is now closed.

    I heard a few concerns from constituents about the EIS and reached out to the Navy to understand what kind of outreach had been conducted prior to alert individuals of the comment period and the proposed project.

    Based on information I have received thus far, I am concerned that the steps the Navy took did not adequately inform the community of the public comment period. Folks should have an opportunity to be briefed on activities that may affect their community and should also have the chance to weigh in with questions and concerns.

    I am working with the Navy to expand their outreach to the Olympic Peninsula and the West End to communicate planned infrastructure and capability investments that may affect our community. To this point, I have asked the Navy to send a representative to discuss the project with the Forks Chamber of Commerce, per their request, to provide the community with additional information. I’m also exploring whether it would be possible for the Navy to re-open the comment period and give folks on the Peninsula a greater opportunity to weigh in.

    Please know, that I will continue to keep your thoughts in mind, as I work with the Navy to further understand this project and ensure that they improve their communications throughout our region.

    Sincerely,

    Derek Kilmer
    Member of Congress

     

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

    How could Representative Derek Kilmer  ignore and fail to respond on TO MY SEPT. 3, 2014 EMAIL, questions and concerns on Electronic Warfare PROJECT for USFS Olympic Peninsula?

    Rep. Kilmer may not have ignored it, but he did not respond to me until Oct 8, 2014, over a month later.

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

    NEVER, NEVER, NEVER GIVE UP

    ATTITUDE IS A SMALL THING, BUT IT IS EVERYTHING WHEN YOU ARE DEALING WITH THE GOVERNMENT

    No matter what kind of shape OUR COUNTRY  is in, if  OUR ATTITUDE is NEVER, NEVER, NEVER GIVE UP, WE will stand a much better chance of succeeding. The folks in cyberspace  with will pick up on OUR  investigations, facts, documentation,,  credibility, sincerity and conviction, and they’ll begin to operate the same way. AND IT WILL ENABLE ALL OF US to take the difficult steps necessary.

    I did continue to post comments on my website, demanding answers and making Rep. Derek Kilmer publicly and politically accountable for his personal failure of “PUBLIC NOTICE” to the people he represents.

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    Electronic Warfare Project for the Olympic Peninsula?

    Posted on September 29, 2014 6:54 am by Pearl Rains Hewett

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    To Comment on Environmental Warfare?

    Posted on October 1, 2014 1:49 pm by Pearl Rains Hewett

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    Update on EW Public Comment

    Posted on October 1, 2014 2:40 pm by Pearl Rains Hewett

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    More on the WA Coast Electronic War Games

    Posted on October 4, 2014 5:16 pm by Pearl Rains Hewett

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    We have exposed the fatal error in the Due Process Law

    We have won  the right to  a meet and greet with the Navy

    We have won  the right to  EXTENDED PUBLIC COMMENT

    The Electronic Warfare Project for the Olympic Peninsula,is no longer JUST a Local Issue.  The power of cyberspace has made it an AMERICA ISSUE.