+menu-


  • Category Archives Learning From History?
  • Understanding WA DC Politics 1883-2017

    Despite the host of management and organizational studies, Washington exposés and critiques of bureaucracy very little information is available about the working world, and everyday conduct of the top people in government.

    June 25, 2017 There is no LEFT or RIGHT in my 937th comment, there is only the WRONG that has been progressively committed, against the best interest of American citizens by WA DC POLITICIANS et al, behind our backs, behind closed doors.

    Despite the information available on the internet, very little information has been documented and provided to the working people in America, by the public media on the everyday conduct of the top people in the U.S. government..

    To and for the understanding of a reasonable person, I submit the following

    Understanding WA DC Politics 1883- 1952- 1977- 1979-2017

    ———————————————————————————-

    1883 UNDERSTANDING THE CIVIL SERVICE MERIT SYSTEM?

     Approved on January 16, 1883, THE PENDLETON ACT established a merit-based system of selecting government officials and supervising their work. THE ACT ALSO MADE IT UNLAWFUL TO FIRE OR DEMOTE FOR POLITICAL REASONS EMPLOYEES WHO WERE COVERED BY THE LAW

    —————————————————————-

    1952 UNDERSTANDING THE PLUM BOOK?

    The Republican Party popular war hero General Dwight D. Eisenhower and won the hotly-fought presidential contest, in a landslide with 442 electoral votes, ending 22 consecutive years of Democratic control of the White House.

    After  Eisenhower was elected president, after the hotly-fought presidential contest, the list was written and published by the defeated Democrats in 1952

    ———————————————————————————

    MY MISUNDERSTANDING “A GOVERNMENT OF STRANGERS”

    Due to my ignorance,  on Nov  11, 2016, three days after President Trump was elected, my understanding of a government of strangers was the 7000 SES operatives permanently embedded in the U.S. government.  

    ———————————————————–

    1977 – 2007 UNDERSTANDING A GOVERNMENT OF STRANGERS:

     EXECUTIVE POLITICS IN WASHINGTON?

    Methodology: Interviews with 200 civil servants and political appointees from different departments and at different career stages.

    Summary of Heclo: A government of strangers – From WikiSummary …

    wikisum.com/w/Heclo:_A_government_of_strangers

    Aug 14, 2007 – Political executive officers are supposed to guide and control, rather than … 1977. A government of strangers: Executive politics in Washington.

    Overview · ‎Abstract: · ‎Question: · ‎Chapter-by-Chapter Notes

    Overview

    Abstract:

    The book’s main objective is to explore the process by which high-ranking political executives and bureaucrats interact with each other in Washington. Political executive officers are supposed to guide and control, rather than merely reflect, the various interests in the executive branch. However, they are ill-suited to do so: they come to power being strangers and amateurs. Heclo studies the relationship between executives (presidential appointees) and bureaucrats (civil servants). The former are interested in political control, and the latter in policy continuity.

    Question:

    General research question: Can politicians guide what government does by controlling the people who do it? To what extent does appointment power make political control of the bureaucracy possible?

    • What are the implications of the politicization of the bureaucracy for political control (as embodied in political executives) and bureaucratic autonomy (as embodied in high-level civil servants) within the executive branch?
    • How do political executives (interested in political control) and bureaucrats (interested in administrative continuity, bureaucratic autinomy) interact with each other in Washington?

    Answer:

    High ranking civil servants strike a balance between the demands of political executives and bureaucrats. Bureaucracies pit the ambitions and plans of career bureaucrats against those of political appointees, who are at an organizational and informational disadvantage. Because the process of career advancement of high-ranking civil servants has been politicized, they may balance the demands of political executives and bureaucrats.

    High ranking career officials who are part of a civil service system add a third dimension to the interaction between political executives and bureaucrats. They are supposed to be responsive to the legal authority of political heads, but they also have institutional responsibilities and a longer time horizon than the political heads. “The civil service idea in Washington may be a counterpoint for balancing strictly political and bureaucratic demands, but it rests on slippery foundations” (32).

    Political executives can usually do better by evoking conditional cooperation rather than invoking their authority. (220) Conditional cooperation comes from developing trust with civil servants, building alliances within the agency and outside the agency (interest groups, media, other agencies, administration), and choosing strategically which goals to pursue.

    Place in the Literature:

    Sides with Seidman (1998), Neustadt (1960) regarding the power of the presidency and the constraints imposed by the internal structure of the executive. Does not address the issue of congressional dominance directly (thus, neither confirms nor denies). Discussion of “marrying the natives” suggests some degree of bureaucratic independence.

    General Argument:

    • Presidential campaigns do not produce action programs that can be precisely legislated and then put into play by the bureaucracy.
    • Transition teams are likely to be poorly organized and political appointments (and the movements of their bureaucratic counterparts) are made after the fact.
    • Therefore, these decisions are made in haste under incomplete information. Under these circumstances, it is reasonable to believe that executives will use criteria on which information is available (i.e. political affiliation and service to the party or its members) as a basis for decision-making.
    • Higher-level staffing decisions, even within the civil service, become de facto political appointments (with political attachments to both the executive and relevant congressional actors, i.e. subgovernments and iron triangles).
    • Relationship of top civil servants and political appointees is therefore “smudgy,” i.e. not well defined. Because this relationship is not well defined, there is an absence of political and policy leadership within the bureaucracy. Political appointees “go native,” undermining presidential control, while bureaucrats are increasingly controlled by elected officials.
    • For this reason, policy implementation within the bureaucracy is not characterized by rational, hierarchical modes of interaction, but rather by establishing cooperation. This occasions the development of strategic planning and support-coalition formation.
      • The original purpose of the civil service is undermined.
      • Principal-agent relations are not clearly established and information is not efficiently disseminated.

    Suggested shape of reform:

    The establishment of a senior civil service (called Federal Executive Officers) in which rank is attached to individuals, not to jobs (unclear how this would bring about more predictable relationships between bureaucrats and political appointees, although it would make for the routinization of the post-filling process).

    Methodology: Interviews with 200 civil servants and political appointees from different departments and at different career stages.

    ————————————————————-

    1978-1979 UNDERSTANDING THE SENIOR EXECUTIVE SERVICE (SES)?

    Overview & History – OPM

    https://www.opm.gov/policy-data-oversight/senior-executive…/overview-history/

    History. The Senior Executive Service (SES) was established by Title IV of the Civil Service Reform Act (CSRA) of 1978 (P.L. 95-454, October 13, 1978) and became effective on July 13, 1979.

    ———————————————————————

    OPM CORRECTIVE ACTIONS REQUIRED?

    “(c) If the Office makes a written finding, on the basis of information obtained under the program established under subsection (b)(2) of this section or otherwise, that any action taken by an agency pursuant to authority delegated under subsection (a)(2) of this section is contrary to any law, rule, or regulation, or is contrary to any standard established under subsection (b)(1) of this section, the agency involved shall take any corrective action the Office may require.

    UNDERSTANDING 2014 VETERAN’S SCANDAL the 300 SES employees involved? Understanding why not “ONE” was fired and Understanding why they all collected their bonuses?  

    ——————————————————————-

    2014-2017 UNDERSTANDING THE MERIT OF THE CIVIL SERVICE SYSTEM?

     IT IS UNLAWFUL TO FIRE OR DEMOTE OVER 9,000 (SES) FEDERAL CIVIL SERVICE LEADERSHIP AND SUPPORT POSITIONS IN THE LEGISLATIVE AND EXECUTIVE BRANCHES OF THE FEDERAL GOVERNMENT FOR POLITICAL REASONS

    INDEED, IN 1883 THE  MERIT-BASED SYSTEM WAS  SELECTING GOVERNMENT OFFICIALS

    AND SUPERVISING THEIR WORK.

    —————————————————————

    JUNE 25, 2017  UNDERSTANDING?

    Trump 76: Plum Book 9,000 SES-GS jobs 1952 – 2016 | Darrell Smith …

    https://www.linkedin.com/…/trump-76-8000-presidential-appointments-plum-book-d…

    Jan 5, 2017 – December 2016: The Government Printing Office released the United States Policy and Supporting Positions (Plum Book) for 2016 on 5 Dec … The Plum Book contains data (as of June 30, 2016) on over 9,000 Federal civil service leadership and support positions in the legislative and executive branches of the Federal Government that may be subject to noncompetitive appointment.

    ———————————————————————————

    The bottom line…..

    June 25, 2017 There is no LEFT or RIGHT in my 937th comment, there is only the WRONG that has been progressively committed, against the best interest of American citizens by WA DC POLITICIANS et al, behind our backs, behind closed doors.


  • SES Sabotage on Trump’s Administration

    Ibid., ¶ 4, line 1 –“Often sabotage is unrecognizable because of the

    virtually invisible ways civil servants can act in bad faith toward

    political executives.”

    —————————————————

    Ibid., ¶ 4, line 6 –“People in the White House are aware of those sub governments but have no obvious control over them.”

    ————————————————————

    Ibid., ¶ 5, line 1 –“…Political executives who try to exercise leadership within

    government may encounter intense opposition that they can neither avoid nor reconcile.”

    ——————————————————–

    1. 252, ¶ 3, line1 –“Political appointees can sometimes encounter

    much more vigorous forms of sabotage. These range from minor

    needling to massive retaliation.”

    ———————————————-

    1. 254, ¶ 1 after quote, line1 –“…[W]hile academics write about

    the iron triangle as if it were an immutable force, or prudent political

    executives recognize that although they cannot stop bureaucratic

    sabotage, neither are they helpless against it.”

    ————————————————————————-

    unedited full text in chronological order   circa unknown

    Reading Number 37 from A Government of Strangers by Hugh Heclo

    www.oswego.edu/~ruddy/Reading%20Number%2037.pdf

    officials has become extraordinarily difficult in Washington.” p. 250, ¶ 1 … Political executives who try to exercise leadership within government may encounter.

    1. 249, introduction/abstract, line 3 –

    “Presidents select a small number (a few thousand) of high-level people to head the executive branch agencies. Among those appointments are cabinet secretaries,

    undersecretaries, assistant secretaries, and the like.

    THE REST OF THOSE WHO WORK IN THE EXECUTIVE BRANCH ARE CIVIL SERVANTS, CHOSEN FOR GOVERNMENT JOBS BY MERIT EXAMS, AND THEY REMAIN IN GOVERNMENT SERVICE FOR MANY YEARS, EVEN DECADES.”

    ———————————–

    Ibid., introduction/abstract, line 9 –“Helco identifies the often-unseen tension

    between a president’s appointees and the bureaucrats.”

    ————————————————–

    Ibid., ¶ 1, line 1 –“Every new administration gives fresh impetus to an age-old

    struggle between change and continuity, between political leadership and bureaucratic power.

    Bureaucrats have a legitimate interest in maintaining the integrity of

    government programs and organizations.”

    ————————————-

    Ibid., ¶ 2, line 1 –“The search for effective  political leadership in a

    bureaucracy of responsible career officials has become extraordinarily

    difficult in Washington.”

    —————————————————

    1. 250, ¶ 1, line1 –“Congress is widely thought to have lost power to

    the executive branch, but congressional rather than executive behavior

    remains a major preoccupation in political research. Observers acknowledge

    that no president can cope with more than a tiny fraction of the decision making

    in government…”

    ———————————–

    Ibid., ¶ 4, line 1 –“…The administrative machinery in Washington represents

    a number of fragmented power centers rather than a set of subordinate unites

    under the President.”

    —————————————————

    Ibid., ¶ 4, line 6 –“People in the White House are aware of those sub governments but have no obvious control over them.”

    ————————————————————–

    Ibid., ¶ 5, line 1 –“…Political executives who try to exercise leadership within

    government may encounter intense opposition that they can neither avoid nor reconcile.”

    ——————————————————

    Ibid., ¶ 5, line 7 –“Many… sincerely believe in their bureau’s purpose and

    feel they must protect its jurisdiction, programs, and budget at all costs.”

    —————————————————————

    1. 251, ¶ 2, line1 –“The structure of most bureaucratic sabotage has been characterized as an ‘iron triangle’

    uniting a particular government bureau, its relevant interest group, and congressional supporters.”

    ————————————————————–

    Ibid., ¶ 3, line 1 –“The common features of these sub governments are

    enduring mutual interests across the executive and legislative branches

    and between the public and private sectors.”

    —————————————————–

    Ibid., ¶ 4, line 1 –“Often sabotage is unrecognizable because of the

    virtually invisible ways civil servants can act in bad faith toward

    political executives.”

    ——————————————————–

    1. 252, ¶ 3, line1 –“Political appointees can sometimes encounter

    much more vigorous forms of sabotage. These range from minor

    needling to massive retaliation.”

    ———————————————-

    1. 254, ¶ 1 after quote, line1 –“…[W]hile academics write about

    the iron triangle as if it were an immutable force, or prudent political

    executives recognize that although they cannot stop bureaucratic

    sabotage, neither are they helpless against it.”

    ————————————————–

    1. 255, last ¶, line1 –“Thus the political executives’ own positive efforts are the necessary – if not always sufficient – condition for combating sabotage.

    Since some bureaucratic subversion is an ever-present possibility and since punishment is difficult,

    the government executives’ real choice is to build and use their political relationships or forfeit most other strategic resources for leadership.”

    ———————————————————-

    Just saying REALLY?

    Circa 1977  And yet the fact re­mains that whether the President relies mainly on his White House aides or his cabinet officials,

    someone is suppose to be listening to the bureaucracy “out there.”

    For the President, his appointees, and high-ranking bureaucrats, the struggle to control the bureaucracy is usually a leap into the dark.

    Despite the host of management and organizational studies, Washington exposés and critiques of the bureaucracy very little information is available about the working world, and everyday conduct of the top people in government.


  • June 20, 2017 Clallam County SMP Update

    My public comment

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

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

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

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

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

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

    Geotechnical Engineering

    www.whatisgeotech.org/

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

    ———————————————————-

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

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

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

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

    ———————————————————————–

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

    —————————————————————

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

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

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

    Tim BrownMay 26, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    ——————

    The bottom line…

    WHAT AM I GOING TO DO ABOUT IT?

    Just saying, To Local Elected Representatives..

    Changes are taking place in WA DC.

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


  • DOI Update on the (SES) Swamp Dwellers

    Thanks to Liz Bowen’s “Pie N Politics” comment, I  can document and update 

    Zinke moves to drain the swamp at Interior Department

    Jun 19, 2017

    CORRUPTION, Dept. of INTERIOR

    ———————————————————————————-

    November 11, 2016  I received this cut and paste warning from a pretty reliable D.C. insider

    —– Original Message —–

    FromXXXX

    To: pearl hewett

    Sent: Friday, November 11, 2016 1:16 PM

    Subject: Re: The list from D.C.

    Ok, but suggest not just focusing on the 4000….here’s the cut and paste hub-bub from DC we are being warned to keep an eye on too: 

    …7,000 Senior Executive Service positions that do NOT require Senate confirmation, but only Presidential appointment – these are the “agency career positions” that are usually filled by experienced federal officials and are hard to get rid of because of legal protections. It will be very difficult for Trump to eliminate any of these positions because they directly assist the Politicals confirmed by the Senate, who will protect their empires and agency positions.

     —————————————————————–

    November 11-14, 2016 I did more research, documented and posted this comment on behindmyback.org

    The Untouchables SES Senior Executives

    Posted on November 14, 2016 4:29 pm by Pearl Rains Hewett

    The Untouchables SES Senior Executives

    TRUMP AND HIS TRANSITIONAL TEAM ARE DRAINING PART OF THE WA DC.  SWAMP  OF 4000 ALLIGATORS…

    BUT, THAT NUMBER PALES TO THE FACT THAT THERE ARE ABOUT 7000 ALLIGATORS (SES) UNTOUCHABLES,  IN  “CIVIL SERVICE”  “UNFIREABLE”

    AS CIVIL SERVICE SENIOR EXECUTIVE SERVICE (SES) EMPLOYED AND  ALREADY EMBEDDED IN “CAREER POSITIONS”  IN THE WA DC SWAMP.

    SOMETHING WENT BLATANTLY AMOK IN THE US GOVERNMENT CIVIL SERVICE BETWEEN 1883-2016.

    NOW, WE HAVE  AN AMERICAN PRESIDENT WHO SHALL BE ACCOUNTABLE

    STEVE BANNON HAS BEEN APPOINTED AS TRUMP’S CHIEF STRATEGIST.

    STEVE SHALL FIND A STRATEGY TO REMOVE THE 7000 UNTOUCHABLES, “UNFIREABLE CIVIL SERVICE” (SES) SENIOR EXECUTIVES?

    —————————————————————————–

    A STRATEGY INDEED

    ————————————————————-

    Zinke moves to drain the swamp at Interior Department

    Jun 19, 2017

    CORRUPTION, Dept. of INTERIOR

    June 19, 2017 Free Range Report

    snippets….

    Although Zinke is constrained by a 120 day grace period, IT APPEARS THAT HE HAS HAD THIS PLAN ON THE READY FOR SOME TIME. Greenwire goes on:

    Dozens of Senior Executive Service employees — career officials within the federal government — received letters yesterday informing them that they may be reassigned as early as June 28, the newspaper said.

    According to the Post, the letters sent to as many 50 SES employees provided a 15-day notice of their looming job changes, as required by law. Zinke and all political appointees must wait at least 120 days following their confirmations to relocate any SES members. The Senate confirmed Zinke on March 1.

    Shifting 50 general-officer-equivalents is not a small undertaking. It represents an intention to totally demolish the existing power structure. By separating these long serving SES officials from the organizations they have run for perhaps decades….

    ——————————————————————————–

    Update February 21, 2017

    The Secret Service of Obama’s 7000 (SES)

    Posted on February 21, 2017 11:00 am by Pearl Rains Hewett

    The Secret Service of Obama’s 7000 (SES)

    Feb17, 2017 Judge Jeanine called them Obama’s “LEFTOVERS”.  And, she said what the president has to do with it is make clear that he doesn’t play around either and prosecute them.

    Feb. 15,  2017 Wikileaked, Julian Assange wrote “Amazing battle for dominance is playing out between the elected us govt & the IC who consider themselves to be the ‘PERMANENT GOVERNMENT’,”.

    I CALL THEM OBAMA’S 7000 (SES) UNTOUCHABLES.

    ————————————————————————————

    Full unedited text Liz Bowen’s “Pie N Politics” comment

    ————————————————————————————–

    Zinke moves to drain the swamp at Interior Department

    Jun 19, 2017

    CORRUPTION, Dept. of INTERIOR

    Free Range Report

    June 19, 2017

    Zinke’s departmental shake up is not just your typical, run-of-the-mill reorganization that happens each time a new administration takes power. Zinke took over a department that has been dogged by controversy, corruption, and a reputation that prompts fear and loathing in the West.

    posted by Marjorie Haun

    Trump’s Interior Department Secretary, Montana rancher and former Navy Seal Ryan Zinke, is proving to be more than just a dramatic contrast to Obama’s Interior chief, liberal Democrat recreation industry exec., Sally Jewell. Zinke’s getting to work unraveling her legacy–and that of previous progressive predecessors–in short order. Beyond the Obama monument land grabs, which are currently under review as ordered by President Trump, with significant reductions and reversals in the works, Zinke is breaking up the bureaucratic status quo in his department’s upper echelons. On June 16, Greenwire reported:

    Dozens of Senior Executive Service employees — career officials within the federal government — received letters yesterday informing them that they may be reassigned as early as June 28, the newspaper said.

    “Personnel moves are being conducted to better serve the taxpayer and the Department’s operations through matching Senior Executive skill sets with mission and operational requirements,” said Interior spokeswoman Heather Swift in an email. She noted that Zinke mentioned the “Department-wide, front lines-focused reorganization on his first day address to all employees.”

    It is not unusual for new cabinet members, who wield considerable power in reworking their respective departments, to shake things up, but Zinke is using his clout to shift manpower and influence out of Washington D.C. beltway bureaucracy into the ‘field,’ or those areas where federal policies have real-world consequences for states and localities. The Greenwire article says:

    Last week, Zinke outlined his plans for reorganizing the agency under a “joint system” that would shift federal employees from Washington to the field.

    Although Zinke is constrained by a 120 day grace period, it appears that he has had this plan on the ready for some time. Greenwire goes on:

    According to the Post, the letters sent to as many 50 SES employees provided a 15-day notice of their looming job changes, as required by law. Zinke and all political appointees must wait at least 120 days following their confirmations to relocate any SES members. The Senate confirmed Zinke on March 1.

    The newspaper reported that Interior Office of Policy Analysis Director Joel Clement, the top climate policy official, was among those to receive the notice and that he will be transferred to the Office of Natural Resources Revenue.

    In addition, the Post said, several Fish and Wildlife Service officials received the notices, including Assistant Director for International Affairs Bryan Arroyo, Southwest Regional Director Benjamin Tuggle, Southeast Regional Director Cindy Dohner and Office of Law Enforcement Chief Bill Woody, who will move to the Bureau of Land Management.

    Tuggle and Dohner have both been involved in high-profile fights over how to recover gray wolf subspecies in their regions. Arroyo, who has been leading Fish and Wildlife’s fight against wildlife trafficking, last year was found by Interior’s inspector general to have potentially violated federal regulations by pressuring his staff into awarding a noncompetitive contract worth more than $256,000.

    Zinke’s departmental shake up is not just your typical, run-of-the-mill reorganization that happens each time a new administration takes power. Zinke took over a department that has been dogged by controversy, corruption, and a reputation that prompts fear and loathing in the West. The Interior Department and its biggest agencies; the Bureau of Land Management (BLM), and the federal Fish and Wildlife Service, have overstepped and over-regulated for decades. Beyond a mere managerial overhaul, this move may signal Zinke’s philosophical re-calibration of Interior and its branches. Streiff, a reporter at  RedState, wrote about the changes this way:

    Shifting 50 general-officer-equivalents is not a small undertaking. It represents an intention to totally demolish the existing power structure. By separating these long serving SES officials from the organizations they have run for perhaps decades means that there will be a lot less resistance to reorganization. Many of these people will resign rather than accept the reassignment. That is a feature, not a bug. By making this move before he has his own appointees in place, Zinke is signaling to the agency and to Senate Democrats that he will not be deterred by intransigence.

    The RedState article acknowledges the little-discussed bog at the Bureau of Indian Affairs; one of the most inefficient and wasteful agencies of them all, which has escaped broader scrutiny only because it’s considered politically incorrect to discuss anything related to Native American policies in a negative light. RedState’s Streiff goes on:

    The transfers that struck me were the Bureau of Indian Affairs positions. If there is a more corrupt, inept, and apathetic federal agency than BIA I really wish someone would point it out to me. BIA has resisted change of all types for decades, failing to serve either the Indians or the nation but doing quite well for themselves. Taking two of the top people out of there certainly clears the decks for action.

    Zinke will, of course, still have to deal with these people after they are transferred but they will have been stripped of power and hubris and might be more willing to cooperate.

    If there were to exist a top-ten list of federal agents, bureaucrats, or appointees guilty of hubris and unchecked abuse of power, at least half of them would probably come out of the Department of Interior, which for decades has grown more oppressive and less accountable in its tasks of managing vast amounts of American land and resources.

    Although we don’t have  specific information on who will be sacked as a result of Zinke’s reorganization, we hope that the worst of the bad players will be held to account. The first power-mad fiend that should go is Dan Love, the BLM special agent who has wreaked havoc and left a trail of destruction everywhere he’s worked in the West. And there are many others who should be jettisoned out of the government and back into civilian life.

    We’ve reported here at Free Range Report about those agents and bureaucrats with environmentalist entanglements and extremist ideologies that are incompatible with the proper role of the Interior Department; which is to facilitate game management, livestock production, and responsible resource development on public lands. President Trump’s election was based in large part on his promise to drain the federal swamp. Zinke may be initiating that process at the Department of Interior, and the sooner the better, because that is an unbelievably fetid, murky swamp to be drained.

    Contact Secretary Zinke at the Interior Department and encourage him to drain the swamp with haste, starting with Dan Love.

    The bottom line…

    Thanks to Liz Bowen’s “Pie N Politics” comment, I  can document and I did update .

     


  • June 18, 2017 Honoring President Trump

    WITH ALL DUE RESPECT FOR FATHER’S AND PRESIDENT’S

    Read “The Father of Our Country”  President George Washington’s  April 30,  1789 Inaugural Address and end with  Our Father, Which  Art in Heaven”

    ————————————————————————————–

    I read President Washington’s 1789 Inaugural Address today, Father’s Day 2017, for the first time.

    We’ve all heard of  Déjà vu from French, literally “already seen”, is the phenomenon of having the strong sensation that an event or experience currently being experienced has already been experienced in the past.

    However,  this is documentation that an event or experience currently being experienced in 2016-2017 America, has already been experienced in the past.

    ——————————————————————–

    WASHINGTON’S INAUGURAL ADDRESS (unedited full text)

    A Transcription

    [April 30, 1789]

    Fellow Citizens of the Senate and the House of Representatives.

    Among the vicissitudes incident to life, no event could have filled me with greater anxieties than that of which the notification was transmitted by your order, and received on the fourteenth day of the present month.

    On the one hand, I was summoned by my Country, whose voice I can never hear but with veneration and love, from a retreat which I had chosen with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum of my declining years: a retreat which was rendered every day more necessary as well as more dear to me, by the addition of habit to inclination, and of frequent interruptions in my health to the gradual waste committed on it by time.

    On the other hand, the magnitude and difficulty of the trust to which the voice of my Country called me, being sufficient to awaken in the wisest and most experienced of her citizens, a distrustful scrutiny into his qualifications, could not but overwhelm with dispondence, one, who, inheriting inferior endowments from nature and unpractised in the duties of civil administration, ought to be peculiarly conscious of his own deficiencies.

    In this conflict of emotions, all I dare aver, is, that it has been my faithful study to collect my duty from a just appreciation of every circumstance, by which it might be affected. All I dare hope, is, that, if in executing this task I have been too much swayed by a grateful remembrance of former instances, or by an affectionate sensibility to this transcendent proof, of the confidence of my fellow-citizens; and have thence too little consulted my incapacity as well as disinclination for the weighty and untried cares before me; my error will be palliated by the motives which misled me, and its consequences be judged by my Country, with some share of the partiality in which they originated.

    Such being the impressions under which I have, in obedience to the public summons, repaired to the present station; it would be peculiarly improper to omit in this first official Act,

    my fervent supplications to that Almighty Being who rules over the Universe, who presides in the Councils of Nations, and whose providential aids can supply every human defect,

    that his benediction may consecrate to the liberties and happiness of the People of the United States, a Government instituted by themselves for these essential purposes: and may enable every instrument employed in its administration to execute with success, the functions allotted to his charge.

    In tendering this homage to the Great Author of every public and private good I assure myself that it expresses your sentiments not less than my own; nor those of my fellow-citizens at large, less than either.

    No People can be bound to acknowledge and adore the invisible hand, which conducts the Affairs of men more than the People of the United States.

    Every step, by which they have advanced to the character of an independent nation, seems to have been distinguished by some token of providential agency.

    And in the important revolution just accomplished in the system of their United Government, the tranquil deliberations and voluntary consent of so many distinct communities, from which the event has resulted, cannot be compared with the means by which most Governments have been established, without some return of pious gratitude along with an humble anticipation of the future blessings which the past seem to presage.

    These reflections, arising out of the present crisis, have forced themselves too strongly on my mind to be suppressed. You will join with me I trust in thinking, that there are none under the influence of which, the proceedings of a new and free Government can more auspiciously commence.

    By the article establishing the Executive Department, it is made the duty of the President “to recommend to your consideration, such measures as he shall judge necessary and expedient.”

    The circumstances under which I now meet you, will acquit me from entering into that subject, farther than to refer to the Great Constitutional Charter under which you are assembled; and which, in defining your powers, designates the objects to which your attention is to be given.

    It will be more consistent with those circumstances, and far more congenial with the feelings which actuate me, to substitute, in place of a recommendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism which adorn the characters selected to devise and adopt them.

    In these honorable qualifications, I behold the surest pledges, that as on one side, no local prejudices, or attachments; no seperate views, nor party animosities, will misdirect the comprehensive and equal eye which ought to watch over this great assemblage of communities and interests:

    so, on another, that the foundations of our National policy will be laid in the pure and immutable principles of private morality; and the pre-eminence of a free Government, be exemplified by all the attributes which can win the affections of its Citizens, and command the respect of the world.

    I dwell on this prospect with every satisfaction which an ardent love for my Country can inspire: since there is no truth more thoroughly established, than that there exists in the economy and course of nature, an indissoluble union between virtue and happiness, between duty and advantage, between the genuine maxims of an honest and magnanimous policy, and the solid rewards of public prosperity and felicity:

    Since we ought to be no less persuaded that the propitious smiles of Heaven, can never be expected on a nation that disregards the eternal rules of order and right, which Heaven itself has ordained:

    And since the preservation of the sacred fire of liberty, and the destiny of the Republican model of Government, are justly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American people.

    Besides the ordinary objects submitted to your care, it will remain with your judgment to decide, how far an exercise of the occasional power delegated by the Fifth article of the Constitution is rendered expedient at the present juncture by the nature of objections which have been urged against the System, or by the degree of inquietude which has given birth to them.

    Instead of undertaking particular recommendations on this subject, in which I could be guided by no lights derived from official opportunities, I shall again give way to my entire confidence in your discernment and pursuit of the public good:

    For I assure myself that whilst you carefully avoid every alteration which might endanger the benefits of an United and effective Government, or which ought to await the future lessons of experience; a reverence for the characteristic rights of freemen, and a regard for the public harmony, will sufficiently influence your deliberations on the question how far the former can be more impregnably fortified, or the latter be safely and advantageously promoted.

    To the preceeding observations I have one to add, which will be most properly addressed to the House of Representatives. It concerns myself, and will therefore be as brief as possible. When I was first honoured with a call into the Service of my Country, then on the eve of an arduous struggle for its liberties,

    the light in which I contemplated my duty required that I should renounce every pecuniary compensation. From this resolution I have in no instance departed. And being still under the impressions which produced it, I must decline as inapplicable to myself, any share in the personal emoluments, which may be indispensably included in a permanent provision for the Executive Department; and must accordingly pray that the pecuniary estimates for the Station in which I am placed, may, during my continuance in it, be limited to such actual expenditures as the public good may be thought to require.

    Having thus imported to you my sentiments, as they have been awakened by the occasion which brings us together, I shall take my present leave; but not without resorting once more to the benign parent of the human race, in humble supplication that since he has been pleased to favour the American people, with opportunities for deliberating in perfect tranquility, and dispositions for deciding with unparellelled unanimity on a form of Government, for the security of their Union, and the advancement of their happiness;

    so his divine blessing may be equally conspicuous in the enlarged views, the temperate consultations, and the wise measures on which the success of this Government must depend.

    George Washington

     —————————————————————————

    Our Father, which art in heaven….

    The Lord’s Prayer
    Our Father, which art in heaven, Hallowed be thy Name.
    Thy Kingdom come. Thy will be done in earth, As it is in heaven.
    Give us this day our daily bread. And forgive us our trespasses,
    As we forgive them that trespass against us.
    And lead us not into temptation, But deliver us from evil.
    For thine is the kingdom, The power, and the glory,
    For ever and ever.
    Amen.


  • 2012 SMP Issues Left on the Table

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

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

    THE PREVIOUS CONDUCT OF THE PARTIES

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

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

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

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

    ———————————————————–

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

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

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

    ————————————————————

    SUBSEQUENT CONDUCT OF THE PARTIES.

    SMP Cumulative Impact on People

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

    This is my Clallam County SMP Public comment and objection

    Pearl Rains Hewett

    ———————————————————-

    SUBSEQUENT CONDUCT OF THE PARTIES.

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

    —– Original Message —–

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

    Interested Parties,

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

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

    —– Original Message —–

    Saturday, July 14, 2012 3:13 PM

    THE REST OF THE STORY…….

    THE PREVIOUS CONDUCT OF THE PARTIES.

    From: pearl hewett

    to  zSMP

    Cc: several

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

    Subject: SMP COMMENT #292 ON THE SMP Advisory Committee

    This is my full comment on the SMP Advisory Committee

    Pearl Rains Hewett Trustee

    George C. Rains Estate

    Concerned Member SMP Advisory Committee

    At the July 10, 2012 SMP Committee Advisory meeting

    Two thirds or more of the SMP Advisory Committee

    VOTED TO WALK  AWAY FROM THE TABLE,

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

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

    1/3 = 10 private interest groups

    1/3 = 10 paid government employees

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

    DOES THE MAKEUP OF THIS COMMITTEE EXPLAINS WHY?

    THEY VOTED TO WALK  AWAY FROM THE TABLE

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

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

    The written text related to the undecipherable table below

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

    ————————————————————————

    (2) DISCUSSED AND QUESTIONED? NOT ADDRESSED

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

    ——————————————————————-

    (3) PRESENTED NOT DISCUSSED

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

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

    ———————————————————————

    (4) PRESENTED- DISCUSSED but NOT ADDRESSED

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

    ———————————————————————–

     (5) PRESENTED NOT ADDRESSED

    More additional HABITAT setbacks

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

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

    ————————————————————————-

     

    (6)  COMMENT NOT ADDRESSED

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

    ————————————————————————————

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

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

    ————————————————————————————

    (8) DOE DESIGNATED WETLANDS NOT IDENTIFIED OR INCORPORATED

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

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

    PROHIBITED EXCEPTION DISCUSSED AND RESOLVED BY RCW

    Provisions for protection SHALL be included in SMP up date.

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

    ————————————————————————-

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

    3.1.1 Shoreline Environment Designations

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

    ——————————————————————

    (10) NOT PRESENTED OR  DISCUSSED

     EXPENSE OF SPECIALISTS FOR APPROVAL

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

    ——————————————————————–

    (11) NOT PRESENTED OR  DISCUSSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

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

    ———————————————————————–

    (12) NOT DISCUSSED – ADDRESSED OR RESOLVED

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

    4.2.4 Regulations – Shoreline Buffers

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

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

    —————————————————————————–

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

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

    ————————————————————————-

    (15) NOT DISCUSSED OR ADDRESSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

    Administrator shall require a view clearance plan

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

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

    ——————————————————————————–

    (16)  NOT DISCUSSED OR ADDRESSED

    Taking of Private property for Public access

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

    —————————————————————————–

    (17) DISCUSSED AND DISMISSED

    EPA. Precautionary setback are not legal

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

    ——————————————————————————–

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

    ONE HUNDRED PERCENT (100%) NON-CONFORMING PROPERTY

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

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

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

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

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

    —————————————————————————–

    (19) NOT DISCUSSED OR ADDRESSED

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

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

     

    WAC 173-26-191

    Agency filings affecting this section

    Master program contents.

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

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

    SOME DEVELOPMENT REQUIRES A SHORELINE PERMIT PRIOR TO CONSTRUCTION.

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

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

    90.58.210 through 90.58.230.

    ————————————————————-

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

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

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

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


  • POTUS WOTUS EPA ACE and Justice Scalia

    POTUS WOTUS EPA ACE  and Justice Scalia

    President Trump signed an executive order on February 28, 2017, to roll back the waters of the United States (WOTUS) rule that the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers ACE (Corps) promulgated in 2016.

    The Order is entitled, “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”

    It instructs EPA and the ACE Corps to begin the process of a rule-making to withdraw the WOTUS rule, id. at § 2(a), and to take appropriate actions in the courts where the rule is in litigation. Id. § 2(c).

    President Trump signed executive order on February 28, 2017 instructs EPA and the Corps to

    “CONSIDER” ADOPTING THE SCALIA TEST FROM RAPANOS V. UNITED STATES, 547 U.S. 715 (2006).

    ORDER § 3. SCALIA OPINED IN RAPANOS THAT, “THE PHRASE ‘THE WATERS OF THE UNITED STATES’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams[,] . . . oceans, rivers, [and] lakes.’. . . . The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall. . .” 547 U.S. at 739.

    ————————————————————————

    Notice that Trump signed the EO back at the end of February 2017, and the EPA is JUST NOW sending the information out. It looks like they have deliberately STALLED.

    These statements have to be in by June 19, 2017. Heads up!

    ————————————————————————————

    THE FEDERAL DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES

    IS LOCATED AT 33 CFR 329.4

    • 329.4 General definition.

    Navigable waters of the United States are those waters that are subject to the ebb (the outgoing phase; when the tide drains away from the shore) and flow (the incoming phase; when water rises again) of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of  navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.

    ——————————————————————————————-

    The federal definition 40 CFR 230 .3 pertains to the Clean Water Act and waters of the United States.

    WOTUS BY OBAMA

    The definition of the Waters of the United States (WOTUS) is very dangerous and overreaching. Under section (o), parts of the definition read as follows:
    o) The term waters of the United States means: …

    (ii) All interstate waters, including interstate wetlands;

    (iv) All impoundments of waters otherwise identified as waters of the United States under this section;

    (vi) All waters adjacent to a water identified in paragraphs (o)(1)(i) through (v) of this section, including  wetlands, ponds, lakes, oxbows, impoundments, and similar waters;

    (vii) All waters in paragraphs (o)(1)(vii)(A) through (E) of this section where they are determined, on a case-specific basis, to have a  significant nexus to a water identified in paragraphs (o)(1)(i) through (iii) of this section. The waters identified in each of paragraphs (o)(1)(vii)(A) through (E) of this section are similarly situated and shall be combined, for purposes of a significant nexus analysis, in the watershed that drains to the nearest water identified in paragraphs (o)(1)(i) through (iii) of this section. Waters identified in this paragraph shall not be combined with waters identified in paragraph (o)(1)(vi) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an  adjacent water under paragraph (o)(1)(vi), they are an adjacent water and no case-specific significant nexus analysis is required.

    (A)Prairie potholes. Prairie potholes are a complex of glacially formed wetlands, usually occurring in depressions that lack permanent natural outlets, located in the upper Midwest.

    (viii) All waters located within the 100-year floodplain of a water identified in paragraphs (o)(1)(i) through (iii) of this section and all waters located within 4,000 feet of the high tideline or ordinary high water mark of a water identified in paragraphs (o)(1)(i) through (v) of this section where they are determined on a case-specific basis to have a significant nexus to a water identified in paragraphs (o)(1)(i) through (iii) of this section. For waters determined to have a  significant nexus, the entire water is a water of the United States if a portion is located within the 100-year floodplain of a water identified in paragraphs (o)(1)(i) through (iii) of this section or within 4,000 feet of the high tide line or ordinary high water mark. Waters identified in this paragraph shall not be combined with waters identified in paragraph (o)(1)(vi) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (o)(1)(vi), they are an adjacent water and no case-specific  significant nexus analysis is required.

    —————————————————————————————

    WRITING FOR THE COURT IN THE 2014 CLEAN AIR ACT CASE, UTILITY AIR REGULATORY GROUP V. EPA, JUSTICE SCALIA DECLARED EPA’S INTERPRETATION UNREASONABLE BECAUSE IT WOULD BRING ABOUT AN ENORMOUS AND TRANSFORMATIVE EXPANSION IN EPA’S REGULATORY AUTHORITY WITHOUT CLEAR CONGRESSIONAL AUTHORIZATION.

    JUSTICE SCALIA DECLARED “We expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance,’” he wrote.
    —————————————————————————————

    OBAMA VETOES GOP ATTEMPT TO BLOCK WOTUS WATER RULE

    By Timothy Cama – 01/19/16 07:22 PM EST

    ———————————————————-

    EPA ‘Waters of U.S.’ Rule Is a Power Grab | National Review

    www.nationalreview.com/article/431134/epa-waters-us-rule-power-grab

    by Rupert Darwall February 11, 2016 4:00 AM. Obama’s power-mad agency claims jurisdiction over land and water use almost everywhere in … EPA, under the Clean Water Act, a statute Congress passed two years after its clean-air sibling. … partially checked, in what has become known as the Waters of the U.S. (WOTUS).

    ————————————————————————————————-

    President Trump signed an executive order on February 28, 2017, to roll back the waters of the United States (WOTUS) rule that the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) promulgated in 2016. The Order is entitled, “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” It instructs EPA and the Corps to begin the process of a rule-making to withdraw the WOTUS rule, id. at § 2(a), and to take appropriate actions in the courts where the rule is in litigation. Id. § 2(c).

    The Order raises a number of interesting issues. First, it instructs EPA and the Corps to “consider” adopting the Scalia test from Rapanos v. United States, 547 U.S. 715 (2006). Order § 3. Scalia opined in Rapanos that, “the phrase ‘the waters of the United States’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams[,] . . . oceans, rivers, [and] lakes.’. . . . The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall. . .” 547 U.S. at 739.

    Because Rapanos was a split decision (4–1–4), there is no controlling opinion. The circuit courts, applying the Marks analysis, have concluded that Kennedy’s lone concurring opinion, which focused on the significant-nexus test, is the controlling standard from the case. (A couple of circuits have allowed Kennedy’s or Scalia’s opinion to be used to establish jurisdiction.) All of the circuit courts and almost all of the district courts have rejected the argument that Scalia’s test should be adopted as the sole jurisdictional test. The Supreme Court has denied certiorari numerous times since Rapanos on WOTUS issues, so we have no clarification from the Court on how to interpret the decision.

    IT IS CLEAR WHY THE ADMINISTRATION HAS CHOSEN SCALIA’S TEST—IT IS MORE RESTRICTIVE OF JURISDICTION.

     THAN THE KENNEDY TEST, WHICH EPA AND THE CORPS ADOPTED IN THE WOTUS RULE.

    UNDER THE SCALIA TEST, MOST HEADWATER SYSTEMS—ESPECIALLY IN THE ARID WEST—WOULD NOT BE SUBJECT TO  THE CLEAN WATER ACT (CWA) BECAUSE MOST HEADWATER SYSTEMS ARE EPHEMERAL OR INTERMITTENT AND ARE THEREFORE NOT “RELATIVELY PERMANENT WATERS.” HEADWATER SYSTEMS COMPRISE A LARGE PART OF THE NATION’S TRIBUTARY SYSTEM. IN PLACES LIKE ARIZONA EVEN THE MAIN CHANNELS ARE DRY MOST OF THE YEAR AND, THEREFORE, MAY NOT MEET THE SCALIA TEST FOR JURISDICTION.

     

    THE SCALIA TEST WOULD LIKELY ALSO REMOVE MANY OF THE NATIONS’ WETLANDS FROM . EXPANSION IN EPA’S REGULATORY AUTHORITY WITHOUT CLEAR CONGRESSIONAL AUTHORIZATION.

     

    AS JUSTICE SCALIA SAID “WE EXPECT CONGRESS TO SPEAK CLEARLY IF IT WISHES TO ASSIGN TO AN AGENCY DECISIONS OF VAST ‘ECONOMIC AND POLITICAL SIGNIFICANCE,’”

    —————————————————————————-

    President Trump Issues Executive Order Directing EPA to Review the WOTUS Rule

    Thursday, March 2, 2017

    On February 28, 2017, President Trump issued an Executive Order directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACE) to review the federal Clean Water Act (CWA) definition of “Waters of the United States”(WOTUS) Rule (the Rule) (80 Fed. Reg. 37054, June 29, 2015). Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule, Executive Order (Feb. 28, 2017) (EO). The EO directs EPA and ACE to review the WOTUS Rule for consistency with the policies set forth in the EO which specifies that “It is in the national interest to ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.” The EO also directs EPA and ACE to “publish for notice and comment a proposed rule rescinding or revising the [WOTUS] rule, as appropriate and consistent with law.”

    Pursuant to the EO, EPA and ACE submitted for publication in the Federal Register, a notification of intention to review and rescind or revise the Rule. Notice of Intention to Review and Rescind or Revise the Clean Water Rule, Environmental Protection Agency and Dept. of Defense, Feb. 28, 2017. The notification will be published in the Federal Register in the coming days.

    THE EO ALSO DIRECTS EPA AND ACE TO CONSIDER INTERPRETING THE TERM “NAVIGABLE WATERS,”IN A MANNER CONSISTENT WITH THE OPINION OF JUSTICE SCALIA IN RAPANOS V. UNITED STATES, 547 U.S. 715 (2006). The Rapanos opinion set out two separate standards for CWA jurisdiction. See Rapanos at 715‑718. Justice Scalia, writing for a plurality, determined that the statute should only apply when there is a “continuous surface connection”between “relatively permanent”waters. Id. at 743. Justice Kennedy, on the other hand, determined that jurisdiction should be based on whether a water or wetland possesses “a significant nexus to waters that are or were navigable in fact or that could reasonably be so made.” Id. at 759. Neither standard was supported by a majority, so neither standard has become binding precedent. See Id. at 715-718. Regulators, however, have generally followed Justice Kennedy’s standard,

    AND THUS, A SWITCH TO JUSTICE SCALIA’S STANDARD WOULD REPRESENT A SIGNIFICANT CHANGE IN INTERPRETATION OF THE JURISDICTIONAL EXTENT OF THE CWA. SEE 80 FED. REG. 37054, 37056, 37060-37061 [WOTUS RULE].


  • Clallam County WA SMP Update 2017?

    Clallam County WA SMP Update 2017?

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

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

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

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

    CONTENTIOUS…. OVER 600  PUBLIC COMMENTS WERE SUBMITTED.

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

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

    2014-2017

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

    ————————————————————————————-

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

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

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

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

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

    ——————————————————————————

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

    Director of Community Development

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

    ——————————————————————————–

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

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

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

    This is my public comment on the Clallam County SMP Update

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

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

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

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

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

    Clallam County Southwest Under way

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

    CONTENTIOUS…. Over 600  public comments were submitted.

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

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

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

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

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

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

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

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

     

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

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

    Contact information:

    County Commissioners

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

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

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

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

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

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

    ——————————————————————————–

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

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

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

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

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

    TO WHOM IT MAY CONCERN

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

    Available on Clallam County SMP website.

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

    All public comments are subject to Public Disclosure.

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

    Pearl Rains Hewett

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

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

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

    Posted in Shoreline Mgmt. Plan

    Comments are closed.


  • Are You 100% Fed Up?

    Are You 100% Fed Up?

    I am, 100% fed up with the WA DC establishment and the lying, leaking leftovers from Obama’s eight years in office.

    I found a very inspirational website on line yesterday

    100percentfedup.com

    ———————————————————–

    THE BENGHAZI LIARS Are Back: Susan Rice And Adam Schiff Are …

    100 100percentfedup.com/the-benghazi-liars-are-back-susan-rice-and-adam-schiff-are-on…

    Apr 3, 2017 – White House lawyers last month learned that the former national security adviser Susan Rice requested the identities of U.S. persons in raw …

    snippet

    MOST OF US REMEMBER SUSAN RICE FOR GOING ON A MEDIA LYING BLITZ ON BEHALF OF HILLARY AND PRESIDENT BARACK OBAMA, where she told millions of viewers on several networks that the Benghazi attack was a spontaneous event caused by a video.

    WE ALL KNOW NOW THIS WAS A LIE AND THAT A “VIDEO” DID NOT CAUSE THE ATTACK ON OUR AMERICAN CONSULATE IN BENGHAZI.

    ———————————————————

    BODY LANGUAGE EXPERT Gives Clear Examples Of Susan Rice …

    100percentfedup.com/body-language-expert-gives-clear-examples-of-susan-rice-lyin…

    Apr 4, 2017SUSAN RICE SEEMS TO HAVE MADE A CAREER OF LYING WHILE WORKING FOR THE CORRUPT BARACK … in the video below reveals that Rice is pretty much lying through her teeth. Watch the fascinating analysis of Rice’s body language here: …

    ————————————————————————-

    Donald J. Trump secured my loyalty and  my vote on Jan 28, 2016 when Trump bowed out of the debate and held  a “Special Event to Benefit Veterans Organizations” at a packed 775-seat auditorium at nearby Drake University instead.

     You have to stick up for your rights. When you’re treated badly, you have to stick up for your rights,” Trump told the crowd. “We have to stick up for ourselves as people and we have to stick up for our country if we’re being mistreated.”
    ——————————————–

    When things got bad enough,  Donald J. Trump said “What a Mess” and he was elected  President of the United States of America.

    How bad did it get?

    I was 100% fed up  on Jan 26, 2011. When Americans citizens fear what their own government is going to do to them, it is not only unacceptable….

    Those entrusted with power have, in time, and by slow operations, perverted it into tyranny….

    The brutal mentality of the Obama’s appointed administration  coercive policies, “We Crucify Them” EPA Armendariz said, “That town was really easy to manage for the next few years”

    Obama’s administrative policy was not confined to his Appointed EPA.  

    In 2014 the BLM went to the Bundy Ranch, it ended in a stand off.

    So when the BLM  went to  Oregon  “They shot him three times in the back” 

    As Armendariz said, “We make an example of them.

    Torture and Abuse of Ammon Bundy in Prison is not Going Unnoticed …

    constitution.com/torture-abuse-ammon-bundy-prison-not-going-unnoticed/

    6 days ago – Ammon Bundy, who became a national household name during the Bundy … foot shower for 13 hours, stripped naked and then thrown in the hole. … Prisoners are constantly handcuffed and Shackled, even while ..

    ——————————————————-

    Montana Disabled Veteran Convicted Over Stock Pond – Redoubt News

    https://redoubtnews.com › DOJ

    May 13, 2016 – Montana Disabled Veteran Convicted Over Stock Pond, Joseph Robertson, Kagel Environmental, Clean Water Act, Andy Johnson, EPA.

    As EPA Armendariz said, “We make an example of them”.

    “Today’s guilty verdict demonstrates that polluters will be held accountable for their actions.” said Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in MONTANA

    “This verdict sends a message that the United States will not stand by and allow streams and wetlands of the United States to be polluted, or National Forest lands to be injured,” said United States Attorney for the District of MONTANA Mike Cotter.

    Now, six months into an 18-month sentence to federal prison, in addition to tens of thousands of dollars in fines, Joe continues to suffer from declining health, confusion, and depression. He reportedly had two strokes in his first month of lock up. He was ripped from his VA medical treatment, transferred to numerous prisons over the west, thrown in solitary confinement, stripped of his veteran’s pension, unlawfully deprived of his right to be present when sensitive legal mail from his lawyer was opened, and barred from having visits from family and friends.

    May 13, 2016  who’s in charge of the EPA in MONTANA ?

    Zinki  from MONTANA  is in charge of the DOI

    “This verdict sends a message that the United States will not stand by and allow streams and wetlands of the United States to be polluted, or National Forest lands to be injured,”

    said United States Attorney for the District of MONTANA Mike Cotter.

    —————————————————

    President Trump has options, Where there’s a will there’s a way, what ever it takes….

    Neil Gorsuch was confirmed to the Supreme Court in a final Senate vote today, replacing Justice Antonin Scalia ( by nuclear option)

    ———————————————————————-

    On March 21, 2012 with a 9-0 vote, the United State Supreme Court ruled that landowners have a right to direct, meaningful judicial review.

    “There is no reason to think that the Clean Water Act was uniquely designed to enable the strong-arming of regulated parties into ‘voluntary compliance’ without the opportunity for judicial review.”
    Justice Antonin Scalia,
    New York Times

    Click on the link  to Pacific Legal Foundation

    Sackett v. U.S. Environmental Protection Agency (2012)

    ” The Court ruled in favor of Mike and Chantell Sackett, of Priest Lake, Idaho, who were told by EPA — and by the Ninth Circuit — that they could not get direct court review……

    ————————————————–

    Were You 100% Fed Up?

    With Hillary’s Obstruction and Destruction of Justice?

    Title 18 – CRIMES AND CRIMINAL PROCEDURE

    8.131A Obstruction of Justice—Destruction, Alteration or Falsification …

    www3.ce9.uscourts.gov/jury-instructions/node/684

    Were You 100% Fed Up?

    Jul 5, 2016 When FBI Comey….

    FBI Recommends No Criminal Charges Against Hillary Clinton – NBC …

    www.nbcnews.com/…/hillary…/fbi-recommends-no-criminal-charges-against-hillary-c…

    ——————————————————–

    Where you watching the debate…

    OCT 10, 2016 when HILLARY SAID: “LUCKILY SOMEONE WITH DONALD TRUMP’S TEMPERAMENT IS NOT RESPONSIBLE FOR THE LAW OF OUR COUNTRY”

     AND TRUMP REPLIED, “BECAUSE IF I WERE YOU’D BE IN JAIL.”

    “HILLARY TO JAIL” WAS THE SLOGAN CHANTED AT THE REPUBLICAN CONVENTION IN CLEVELAND AND THE SAME SLOGAN WAS ALSO PRINTED ON CAPS AND T-SHIRTS ALL OVER THE UNITED STATES.

    MAY 15, 2017 DONALD J. TRUMP IS THE PRESIDENT OF LAW AND ORDER

    LYING HILLARY ALMOST GOT AWAY WITH IT.

    ———————————————————–

    Perhaps it was being called stupid? Obamacare lies?

    Were You 100% Fed Up?

    3 Jonathan Gruber Videos: Americans “Too Stupid to Understand …

    https://www.youtube.com/watch?v=Adrdmmh7bMo
    Nov 12, 2014 – Uploaded by Avik Roy

    In three separate appearances, MIT economist Jonathan Gruber, dubbed the … In the first, he discusses “the …

    ————————————————–

    Trump: ‘Obamacare Is Dead, It’s Gone’ – Breitbart

    www.breitbart.com/video/2017/04/29/trump-obamacare-is-dead-its-gone/

    Apr 29, 2017 – Obamacare’s dead, it’s gone. The increases were massive last year. They’re going to be bigger this year and the insurance companies are …

    ————————————————————————

    Donald J. Trump secured my loyalty and  my vote on Jan 28, 2016 when Trump bowed out of the debate and held  a “Special Event to Benefit Veterans Organizations” at a packed 775-seat auditorium at nearby Drake University instead.

     You have to stick up for your rights. When you’re treated badly, you have to stick up for your rights,” Trump told the crowd. “We have to stick up for ourselves as people and we have to stick up for our country if we’re being mistreated.”
    President Trump is sticking up for our people, our rights and our country.

    Forgotten American citizens have been abused and mistreated.

    Some still are? Joseph Robertson and Ammon Bundy.


  • President Trumps Reformation of America

    President Trumps Reformation of America

    DONALD J. TRUMP’S CAMPAIGN WAS REFORMATION OF U.S. GOV.’S  ESTABLISHED POLICY OF ROBBING PETER TO PAY PAUL.

    TO TAKE FROM ONE MERELY TO GIVE TO ANOTHER; TO DISCHARGE ONE DEBT BY INCURRING ANOTHER.

    JUN 28, 2016  DONALD TRUMP SAYS U.S. ROBBED BY ‘ELITE’ TRUMP OUTLINED SEVEN STEPS HE WOULD TAKE TO HELP BRING BACK AMERICAN JOBS LOST TO GLOBALIZATION, INCLUDING WITHDRAWING THE U.S. FROM THE …

    ROBBING PETER TO PAY PAUL STARTED AS AN ISSUE TO  REFORM  CATHOLIC CHURCH TAXES AND TITHES

    BUT, ENDED UP WITH MARTIN LUTHER’S PROTESTANT REFORMATION

    THE WORLD WOULD BE FOREVER TRANSFORMED.

    —————————————————————————–

    Historians usually date the start of the PROTESTANT REFORMATION to the  publication of  95 Theses written in 1517 by Martin Luther, professor of moral theology at the University of Wittenberg

    THE FIRST BOOKS GUTENBERG PRINTED WITH HIS PRESS WERE COPIES OF THE BIBLE.

    ———————————————————-

    The Protestant Reformation

    Gutenberg’s printing press “meant more access to information, more dissent, more informed discussion and more widespread criticism of authorities,” observes the British Library. As such, the printing press played a key role in popularizing ideas associated with the new Protestant faith during the European Reformation, allowing the press to “shape and channel a mass movement,”

    Protestant thinkers used the printing press to spread their ideas across Europe, pamphlets by Reformation leader Martin Luther, outnumbering Catholic writers five to three and making up 20 percent of all pamphlets published between 1500 and 1530. The invention of the printing press removed control of written material from the Catholic Church

    G.R. Evans writes, “THE PRINTING PRESS WAS THE FACEBOOK OR TWITTER OF ITS TIME.” It was a new and exciting technology and it was fast. What was said in print had the power to spread much faster and much farther than anything before it

    THE WORLD WOULD BE FOREVER TRANSFORMED.

    ”NO REFORMER WAS MORE ADEPT THAN MARTIN LUTHER AT USING THE POWER OF THE GUTENBERG PRESS TO SPREAD AND COMMUNICATE HIS IDEAS. BETWEEN 1518 AND 1525, LUTHER PUBLISHED MORE WORKS THAN THE NEXT 17 MOST PROLIFIC REFORMERS COMBINED.

    ———————————————————————————

    UNTIL DONALD J. TRUMP…..

    IT WAS JUST A MATTER OF TIME AND TECHNOLOGY

    HISTORIANS WILL DATE THE START OF THE TRUMP’S REFORMATION OF AMERICA  TO JUNE 16, 2015 WHEN HE FORMALLY ANNOUNCED HIS CANDIDACY FOR PRESIDENT OF  THE UNITED STATES OF AMERICA.

    AMERICAN HISTORY IS FILLED WITH NOTABLE PRESIDENTIAL COMMUNICATORS: LINCOLN, FDR, KENNEDY, REAGAN AND OBAMA. EACH, IN THEIR TIME, USED THEIR SKILLED ORATORY ALONG WITH THE TECHNOLOGY OF THEIR DAY, TO DELIVER THEIR MESSAGE TO A NATION AND THE WORLD.

    DONALD J. TRUMP WON SOCIAL MEDIA.

    TRUMP WAS THE MOST GOOGLED CANDIDATE, AND ALSO MOST MENTIONED ON TWITTER AND FACEBOOK.

    INDEED, DONALD J. TRUMP BECAME THE MOST PROLIFIC COMMUNICATIONS REFORMER IN THE HISTORY OF THE WORLD.

     BASED ON THE HISTORICAL PREMISE OF ROBBING PETER TO PAY PAUL.

    TO TAKE FROM ONE MERELY TO GIVE TO ANOTHER; TO DISCHARGE ONE DEBT BY INCURRING ANOTHER.

    JUN 28, 2016  DONALD TRUMP SAYS U.S. ROBBED BY ‘ELITE’ TRUMP OUTLINED SEVEN STEPS HE WOULD TAKE TO HELP BRING BACK AMERICAN JOBS LOST TO GLOBALIZATION, INCLUDING WITHDRAWING THE U.S. FROM THE …

    —————————————————–

    Since  June 2015 President Trump has said lots of negative things about the media since he began running for the White House.

    Meanwhile, the public’s trust in PUBLIC mass media dropped to its lowest level in Gallup polling history. Fewer than one in three Americans have confidence in the media to “report the news fully, accurately, and fairly.

    ——————————————————————————

    WHAT WE DO KNOW IS THE POWER OF SOCIAL MEDIA WIELDED DIRECTLY AND PERSONALLY BY A PRESIDENT ON A MISSION TO “MAKE AMERICA GREAT AGAIN” HAS BEEN QUITE EFFECTIVE.

    ———————————-

    ON NOV 8, 2016 PRESIDENT DONALD J. TRUMP CHANGED THE WORLD, CASH STRAPPED HARD WORKING AMERICAN CITIZEN VOTED FOR AND ELECTED A NON-ESTABLISHMENT PRESIDENT,  DONALD J. TRUMP  TO STOP THE GLOBALIZATION POLICY OF ROBBING PETER TO PAY PAUL AND PUT AMERICA FIRST.

    ————————————————————————-

    TRUMP WAS  ELECTED  PRESIDENT  AND THE SOCIAL PHENOMENA, GLOBAL MASS HYSTERIA ENSUED…..

    PERPETUATED AND INFLAMED BY THE CHERRY PICKING LIBERAL PUBLIC NEWS MEDIA WHETHER REAL, OR FALSE NEWS,  TRANSMITTING,  COLLECTIVE ILLUSIONS OF THREATS, OR IMAGINARY, THROUGH A POPULATION IN SOCIETY.

    IN SOCIOLOGY AND PSYCHOLOGY, MASS HYSTERIA (ALSO KNOWN AS COLLECTIVE HYSTERIA, GROUP HYSTERIA, OR COLLECTIVE OBSESSIONAL BEHAVIOR) IS A PHENOMENON THAT TRANSMITS COLLECTIVE ILLUSIONS OF THREATS, WHETHER REAL OR IMAGINARY, THROUGH A POPULATION IN SOCIETY AS A RESULT OF RUMORS AND FEAR.

    THE SOCIAL PHENOMENON MASS HYSTERIA?

    STARTING WITH  THE 1600 WITCH HUNTS….

    ————————————————————-

    John F. Markey: A Redefinition of Social Phenomena – Brock University

    https://brocku.ca/MeadProject/Markey/Markey_1926.html

    The purpose of this article is to consider some of the facts which are becoming increasingly evident in regard to the meaning of social phenomena. Evidences …(FROM 1926?)

    ———————————————————–

    TRUMP  MASTERED TWITTER BY EMBRACED IMMEDIACY TRANSPARENCY AND TRUTH,  TO BY- PASS THE FAKE NEW.

    Feb 16, 2017 – US President Donald Trump has launched a ferocious attack on the media while defending his record during his first weeks in office. Mr Trump …

    Apr 6, 2017 – If there’s been one consistent thread through Donald Trump’s relatively brief political career, it’s this: The media are bad, biased and generally …

    NO KIDDING?  the public’s trust in PUBLIC mass media dropped to its lowest level in Gallup polling history. Fewer than one in three Americans have confidence in the media to “report the news fully, accurately, and fairly.

    THE LIBERAL MEDIA PRESS REPORTERS HAVE AN  “INCREDIBLE” LEVEL OF  HOSTILITY TOWARDS WHITE HOUSE PRESS SECRETARY.

    May 11, 2017 TRUMP SAID THERE’S AN “INCREDIBLE” LEVEL OF HOSTILITY FROM REPORTERS TOWARD PRESS SECRETARY SEAN SPICER AND HIS DEPUTY, SARAH HUCKABEE SANDERS.

    —————————————————————-

    SEAN SPICER HAS A JOB AT THE WHITE HOUSE.

    HE IS THE  PRESS SECRETARY

    WHAT IS A HOSTILE WORKPLACE?

    Conduct and speech typically considered “hostile” is intimidating, offensive, abusive and/or otherwise offensive, going beyond rudeness or casual joking. … TO QUALIFY AS A “HOSTILE” WORKPLACE, CONDUCT MUST BE INTENTIONAL, SEVERE, RECURRING AND/OR PERVASIVE AND INTERFERE WITH THE EMPLOYEE’S ABILITY TO PERFORM HIS/HER JOB.

    WHAT IS A HOSTILE WORK ENVIRONMENT?. … In United States labor law, a hostile work environment exists when one’s behavior within a workplace creates an environment that is difficult or uncomfortable for another person to work in.

    WHY WOULD PRESIDENT TRUMP ASK ANYONE TO WORK IN A HOSTILE WORK ENVIRONMENT?

    RECURRING? The 45-year-old held his first press briefing on January 21, 2017  where he admonished TIME Magazine reporter Zeke Miller for falsely reporting Trump had removed a bust of Martin Luther King from the Oval office.

     Feb 24, 2017 – Sean Spicer, the White House press secretary, has already had a series of combative encounters.

     May 11, 2017 TRUMP SAID THERE’S AN “INCREDIBLE” LEVEL OF HOSTILITY FROM REPORTERS TOWARD PRESS SECRETARY SEAN SPICER AND HIS DEPUTY, SARAH HUCKABEE SANDERS.