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  • Category Archives Private Property Rights
  • 2017 SMP Draft New Black Lines and Purple

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

    SO WHAT’S NEW ABOUT THAT?

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

    Question: “Why use Color Book?”

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

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

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

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

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

    WHO’S ACCOUNTING FOR THE MONEY?

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

    ——————————————————–

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

    DISCOVERY  From: Clallam County Public Records Center

    To: phew@wavecable.com

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

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

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

    ———————————————————————————

    December 6, 2011 Cathy Lear comments on the SMP Update

    HELLO COUNTRY BUMPKINS…

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

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

    We cannot assume everyone speaks the language of academic society.  

    ———————————————————————–

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

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

    ——————————————————–

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

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

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

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

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

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

    We spoke for about an hour…

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

    The bottom line… pretty much went like this.

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

    WHY WOULD ANYONE BELIEVE YOU?

    —————————————————————————

    DISCOVERY CONTINUED….

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

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

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

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

    —————————————————————————-

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

    —– Original Message —–

    From: pearl hewett

    To: Mary Ellen Winborn

    Cc: Bill Peach ; mark mozias ; Randy Johnson

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

    Subject: Requesting a copy of the 2017 SMP Update Draft

    ——————————————————————————–

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

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

    LINKS TO PUBLIC DISCLOSURE DOCUMENTS….

    —– Original Message —–

    From: Clallam County Public Records Center

    To: phew@wavecable.com

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

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

    Friday, November 03, 2017 9:09 AM

    Subject: Public Records Request :: P004384-103017

     

    Attachments:
    signed_ESA_full_contract-22_pgs.pdf
    SMA_Grant_Agr_G1000062.pdf

    From: Clallam County Public Records Center

    To: phew@wavecable.com

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

    Subject: Public Records Request :: P004411-110317

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

    ——————————————————————————–

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

    HAS IT BEEN EXTENDED IN AND FOR  2017?

    —————————————————————————-

    BACK TO THE 2017 DCD SMP UPDATED DRAFT …

    What have I done about it?

    DISCOVERY PLUS… a huge number of SMP Public Comments

    PLUS…..

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

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

    I met with Commissioner Mark Ozias on Nov 3, 2017

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

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

    PLUS…..

     I AM POSTING AND EMAILING THIS SMP PUBLIC COMMENT

    —————————————————————–

    WHAT ARE YOU GOING TO DO ABOUT IT?

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

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

    What will happen in eight months? who knows?

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

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

    DISCOVERY to be continued….

    ———————————————————————————–

    RE-DISCOVERY MY SMP PUBLIC COMMENT APRIL 18, 2012

    GIVE THEM AN INCH AND THEY’LL TAKE A MILE

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

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

    BUT? What has Clallam County got to lose?

    RCW 90.58.290

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

    [1971 ex.s. c 286 § 29.]

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

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

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

    I submit this as my SMP comment

    Pearl Rains Hewett Trustee

    George C. Rains Sr. Estate

    Member SMP Advisory Committee

    TO WHOM IT MAY CONCERN

    Grandfathered is non-conforming.

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

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

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

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

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

    2013 OLYMPIC PENINSULA CLASSIFIED AD

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

    100FEET X400FEET

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

    This is a 100% non-conforming lot

    There is a 175 foot setback from the HWL

    The is a 150 setback from the feeder bluff

    There is a 65 foot wetland setback

    There is a 50 foot buffer zone

    There is a 10 foot setback from buildings

    THE GOOD NEWS

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

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

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

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

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

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


  • Discovery Clallam Co SMP Update 2009-2017

    Discovery on the Clallam County SMP Update 2009-2017

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

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

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

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

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

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

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

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

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

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

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

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

    Attachments:
    Hewett_doc_pdf.pdf

    Attachments:
    signed_ESA_full_contract-22_pgs.pdf
    SMA_Grant_Agr_G1000062.pdf

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

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

    ———————————————————————————————

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

    Re: The DCD 2017 SMP Draft Update

    —– Original Message —–

    Fromxxxx

    To: pearl hewett

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

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

    It’s good to hear from you Pearl

    ———————————————————————————-

    Re: The DCD 2017 SMP Draft Update

    April 12, 2011 DISCOVERY on Nov 2, 2017

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

    —– Original Message —–

    From: pearl hewett

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

    Subject: Re: Clallam County Shoreline Master Program

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

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

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

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

    They want clarification and specific requirements on the revised SMP.

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

    FYI

    Pearl

    —————————————————————————

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

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

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

    —– Original Message —–

    From: pearl hewett

    To: Mary Ellen Winborn

    Cc: Bill Peach ; mark mozias ; Randy Johnson

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

    Subject: Requesting a copy of the 2017 SMP Update Draft

    To DCD Director Mary Ellen Winbourn

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

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

    Pearl Rains Hewett

    RE: SMP Update Advisory Committee

    (360) 417-9452

    235 W 5th St

    Port Angeles WA 98362

    ———————————————————————

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

    —————————————————————-

    DISCOVERY April 17, 2011

    ESA ADOLFSON WA STATE SMP COOKIE CUTTERS

    SMP COOKIE CUTTING April 17, 2011

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

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

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

     April 17, 2011

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

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

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

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

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

    AND THIS IS WHAT HAPPENED …..

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

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

    ——-

    DISCOVERY  Jefferson County – Michelle McConnell leaves for Ecology

    Posted on March 30, 2014 by Al B.

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

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

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

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

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

    —————————————————————————

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

    050511 – PHewett – G

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

    ——————————————————————-

    MY DISCOVERY on the DCD SMP Draft Update

    —– Original Message —–

    From: pearl hewett

    To: Jim Kramer

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

    Subject: Re: Taking of Private Property for Public Access

    Jim,

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

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

    Eight months ago, I had no voice.

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

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

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

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

    Pearl

    ————————————————————————————

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

    EIGHT YEARS  ago, I had no voice.

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

    WHAT HAPPENED IN THE LAST  EIGHT YEARS? 

    DISCOVERY AND MORE DISCOVERY AND MORE….

    Behind My Back | SMP Update-Six Years of Frustration

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

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

    SMP Update Eight Years of Frustration

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

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

    ————————————————————

    What will happen in eight months? 

    November 03, 2017 8:02 AM

    Subject: Educate the BOCC

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

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

    I met with Commissioner Mark Ozias on Nov 3, 2017

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

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

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

     I THINK NOT!

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

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

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

    What am I doing on Nov 3, 2017?

    Sending these documents to the  BOCC 

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

    —————————————————————

    What will happen in eight months? who knows?

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

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

    DISCOVERY to be continued….

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

     


  • SMP Update Eight Years of Frustration

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

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

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

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

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

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

    State Review and Approval

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

    Bellevue

    Northwest

    Complete

    Underway

    Contact:
    Joe Burcar
    425-649-7145

     

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

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

    Click on the link below to find out.

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

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

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

    —————————————————————————————

    HOW SMP THINGS WORK…  OR NOT

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

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

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

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

    ———————————————————————————

    BELLEVUE THE BOTTOM LINE AFTER NINE YEARS OF SMP UPDATE FRUSTRATION

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

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

    —————————————————————————–

     Behind My Back | SMP Update-Six Years of Frustration

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

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

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

    SMP UPDATE – SIX YEARS OF FRUSTRATION

    I submit this as a Clallam County SMP Update Public Comment

    August 18, 2014

    Pearl Rains Hewett

    Member of the Clallam County SMP Update Committee

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

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

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

    ————————————————————————————-

    THE BOTTOM LINE AFTER SIX YEARS OF SMP UPDATE FRUSTRATION

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

    ————————————————————————–

    documented history

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

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

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

    The purpose of the August 4, 2014 PUBLIC

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

    —————————————————————–

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

    ———————————————————————————-

    THE BOTTOM LINE AFTER SIX YEARS OF SMP UPDATE FRUSTRATION

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

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

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

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

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

    Richard L. Settle

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

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

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

    —————————————————————————————

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

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

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

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

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

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

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

    1.Public Access

    The Council-requested variation to the Planning Commission

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

    Attachment A.

    2.Park Development.

    The Council- requested variation to the Planning Commission

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

    Under this variation, Meydenbauer Bay Park would be

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

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

    Attachment B.

    3.Determination of Ordinary High Water Mark.

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

    The fixed elevation would be

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

    Attachment C.

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

    5.Residential Moorage.

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

     City Council

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

    Planning Commission

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

    Response to Questions by the Washington Sensible Shoreline Alliance

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

    ——————————————————————————-

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

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

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

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

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

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

    —————————————————————————————

    Jul 20, 2013

    BELLEVUE SHORELINE PLAN ADVANCES

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

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

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

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

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

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

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

    Mar 13, 2014

    COUNCIL TO DIGEST SHORELINE PLAN

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

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

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

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

    ——————————————————————————————–

    Apr 30, 2014

    Council has more questions about shoreline plan

    —————————————————————————————

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

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

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

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

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

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

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

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

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

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

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

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

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

    ——————————————————————————-

    (I have added this information)

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

    Richard L. Settle

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

    —————————————————————————————

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

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

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

    ————————————————————————————————–

     

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

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

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

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

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

    ————————————————————————————————-

    Jul 16, 2014

    Shoreline plan set for August public hearing

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

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

    Public access

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

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

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

    Park development options

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

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

    High water mark

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

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

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

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

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

    Setbacks, buffers and vegetation conservation

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

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

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

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

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

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

    BRANDON MACZ,  Bellevue Reporter Staff Writer

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

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

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

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

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

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

    —————————————————————————————

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

    AN AREA OF FOCUS BY THE BELLEVUE PLANNING COMMISSION

    FOR MORE THAN FIVE YEARS,

     a process that was slated for completion in 2010

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

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

    THE BOTTOM LINE AFTER SIX YEARS OF SMP UPDATE FRUSTRATION

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

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

    Related Stories

     

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

     


  • It’s Who They Are That Concerns Me

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

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

    When the fearful citizens came forward  on Jan 26, 2011

    I said something.

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

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

    ——————————————————————

    UPDATE JUNE 19, 2017

    IT’S  WHO THEY ARE THAT CONCERNS ALL OF US

    I RECEIVED A PHONE CALL FROM A CONCERNED (FEARFUL) CLALLAM COUNTY CITIZEN LAST NIGHT….

    “PEARL, HAVE YOU READ THE NEW SMP UPDATE DRAFT?

    DO YOU KNOW HOW STEVE GREY AND (ESA CONSULTANT) MARGARET CLANCY HAVE CHANGED IT?

    DO YOU KNOW WHAT’S IN IT?”

    THE CONCERNED CITIZEN SAID,

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

    SO I DID THIS ABOUT THAT

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

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

    My public comment Vested Clallam County Citizens have been fearful of how the SMP Update will affect their private property use since Jan 26, 2011. INDEED, THIS IS …

    ————————————————————————-

     WHAT HAVE I BEEN DOING ABOUT THAT? 2011-2017

    OVER 170 PUBLIC COMMENTS ON THE SMP UPDATE

    This is post # 1005 on my blog/website

      Behind My Back

    www.behindmyback.org

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

    ——————————————————————–          

    THE PROGRESSIVE BUREAUCRATS REPUTATION PRECEDES THEM.

    ———————————————————————

    Progressive Economics: The Rise Of Bureaucracy In America – Forbes

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

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

    Regulation’s Stranglehold On Millennials’ Futures – Forbes

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

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

    ————————————————————————–

    At this point in time, Oct 17, 2017  

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

    Make this post # 1005 on my blog/website

    And make another SMP Update Public Comment.

    AT THIS POINT IN TIME, Oct 17, 2017  

    WHY BOTHER WITH THAT CLALLAM COUNTY SMP UPDATE.

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

    —– Original Message —–

    From: zSMP

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

    SUBJECT: PROPOSED CLALLAM COUNTY SHORELINE MASTER PROGRAM (SMP)

    INTERESTED PARTIES,

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

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

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

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

    Sekiu Community Center, 42 Rice St., Sekiu WA

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

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

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

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

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

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

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

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

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

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

    Steve Gray, Planning Manager

    Clallam County Department of Community Development

    ————————————————————-

    The bottom line…

    AT THIS POINT IN TIME, Oct 17, 2017  

    WHY BOTHER WITH THAT CLALLAM COUNTY SMP UPDATE.

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

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

    To be continued….


  • SMP Update Concerns to Commissioners

    Oct 13, 2017 You, the elected Commissioners are now, at this late date, concerned about the Public Participation Strategy for the 2017 Clallam County SMP Update.

    You are planning open meetings, asking for public comments, and yes, you are planning the date for a public forum.

    ————————————————————————

    Just noting, 2010: The Clallam County Board of Commissioner’s expects to adopt a final SMP-Update Public Participation Strategy extended to March 16, 2010 @ 10 a.m. at the Board of Clallam County Commissioners Regular Meeting, 223 East 4th Street, Room 160, Port Angeles, Washington.

    ———————————————————————-

    Part one: Oct 13, 2017 , The history of us, the collective 3000 private shoreline property vested stakeholders? What happened to us between Dec 5, 2009 and Jan 26, 2011?

    Dec 5, 2009. the FIRST  public comment on the SMP Update was submitted and posted.

    Jan 26, 2011  The  SMP  Public participation strategy? The first, by invitation only SMP Update meeting was held  by  ESA Adolfson’s  paid, facilitators Margaret Clancy and Jim Kramer.

    Not one of  Clallam County’s elected representatives bothered to attended this meeting. Not, Commissioners’, Tharanger, Chapman, Doherty or DCD director Miller. It was a bureaucrats meeting.

    What you, the elected, don’t know, have been denied access to by bureaucrats,  about SMP Update  600 plus public comments can hurt all Clallam County citizens.

    ——————————————————————————-

    2009: PUBLIC PARTICIPATION STRATEGY

    ·         120509 – DemComm – G  #1  CLALLAM COUNTY DEMOCRATIC CENTRAL COMMITTEE

    Resolution regarding County Shoreline Management Plan

     WHEREAS the nature of amendments to the plan as might be adopted by the Clallam County Board of Commissioners mayor may not adequately protect the quality of local waters from harmful development; and

    WHEREAS participation in the Shoreline Management Plan review process will be open to the public in a series of meetings over the next two years or more;

    THEREFORE be it resolved that the Clallam County Democratic Central Committee appoint a subcommittee of interested members to monitor the progress of the Shoreline Management Plan review, to suggest to the Central Committee communications to the county of the concerns or interests of Democrats in the elements of the plans and any proposed amendments, and to issue quarterly reports on the review process to the Central Committee.

    ·         December 5, 2009

    ————————————————————————-

    Bureaucrats created the final Clallam County Shoreline 2017 SMP Draft Update.

    Oct 13, 2017 I am just one concerned vested stakeholder of private shoreline property in Clallam County WA.

    However, what happens to one of us, on the Clallam County Shoreline Update (SMP) collectively happens to all 3000 of us.

    The SMP ball is now in your court. and just asking?  have you, the elected collectively, or as  an individual elected official, taken the time (due diligence) to visit and read the SMP public court of opinion,600 plus comments on the Clallam County WA SMP Update?

    What happened to the online 600 plus SMP Update Public Comments? You, the elected, are the now, the ultimate decision maker. Have the SMP Public comments of private property owners been taken into consideration by you as a Clallam County Commissioners in the final stages of SMP Update?

     —————————————————————–

    Part one: The history of us, the collective 3000? What happened to us?

    Jan 26, 2011, I was a concerned vested stakeholder of private shoreline property.

    I was one of  thirty (30) selected individuals, to be invited to attend the first Clallam County Shoreline Management Plan Update  (SMP) meeting.

    The meeting was presented by  ESA Adolfson’s  paid facilitators , Margaret Clancy and Jim Kramer.

    In spite of the fact that it was a  private public  meeting, by invitation only, sixty (60) concerned citizens showed up and packed the room.

    Not one of  Clallam County’s elected representatives bothered to attended this meeting.

    Not, Commissioners’, Tharanger, Chapman, Doherty or DCD director Miller. It was a bureaucrats meeting.

    When I complained about it at a commissioners public meeting, after the meeting Commissioner Chapman insulted me, and said if I didn’t like the way things were going I should sign up for the SMP Update Citizens Advisory Committee.

    I did, I was appointed by DCD Miller.

    Cathy Lear said I must read everything. I did and that was when I started making Public SMP Update Comments.

    —————————————————–

    By May 5, 2011,

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

    050511 – PHewett – G

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

    —————————————————————————-

    By July 07, 2012, I  was a very frustrated, angry, concerned vested stakeholder of private shoreline property and  a member of the Citizens Advisory Committee

    July 7, 2012 I was so concerned about the SMP Update I compiled the

    COMPLETE LIST OF CLALLAM COUNTY DOE SMP PUBLIC COMMENTS 2009-2012

    I am concerned with, the comment numbers with no comments? The fact that it took me 12 hours to compile the following information?

    Unfortunately the links 2009-2012 SMP public comments  are not  linked to the SMP Update

    Not one of Clallam County elected representative from 2011 is still in office.

    Please note, there is only one county employee, Steve Gray, still employed by Clallam County that is still rewriting and revising the SMP Update. Unless? County employee Cathy Lear is representing someone?

    And, Steve is still being directed  by the ESA Adolfson  paid consultant, facilitator  Margret Clancy.

    Just saying, Margaret Clancy is not legally responsible for whatever content she and Steve decide to put into the SMP Update.

    Just asking? Have Clallam County elected representatives sought or received any legal counsel?

    Am I concerned? YOU BET…

    ARE YOU CONCERNED? Read the 2009-2012 comments, go find and read the 600 plus SMP public comments,. You, the elected, not bureaucrats, are responsible for the fate of Clallam County, you are the ultimate and final SMP Update decision makers.

    SHOULD YOU, THE ELECTED BE CONCERNED?  You decide.

    A concerned vested stakeholder of private shoreline property in Clallam County WA.

    Pearl Rains Hewett

    Trustee George C.Rains Sr. Estate

    —————————————————————

    July 07, 2012 COMPLETE LIST OF CLALLAM COUNTY DOE SMP PUBLIC COMMENTS 2009-2012

    —– Original Message —–

    From: pearl hewett

    To: undisclosed concerned citizens and elected officials

    Sent: Saturday, July 07, 2012 10:02 AM

    THE SHORT FORM IS AN EMAIL

    CLICK ON THE TOP LINK TO READ THE FULL 6300 WORD DOCUMENT

    Subject: COMPLETE LIST OF CLALLAM COUNTY DOE SMP PUBLIC COMMENTS 2009-2012

     

    • TO WHOM IT MAY CONCERN
    • If you want to read the  full SMP comment? Go to the Clallam County SMP website. Click on Public comments. Identify the comment by using the name and the date (no comment #  is displayed).
    • I am concerned with, the comment numbers with no comments? The fact that it took me 12 hours to compile the following information? If the online Public Comments will be compiled? Read by the decision makers? And if the comments of private property owners will be taken into considereration by the Planning Dept. and the Clallam County Commissioners in the final SMP Update? Public Forums are being scheduled and the private property owners of Clallam County need to be advised.
    • Pearl Rains Hewett concerned member of the DOE SMP Advisory Committee
    • 050511 – PHewett – G
    • #70 We, as a Citizens Advisory Committee, are not there to give input, constructive comment, or recommendation, we are there to be indoctrinated on compliance, based on misleading pie charts and statistics compiled and presented by ESA Adolfson. “Reading out loud” by Pearl Hewett of WAC 173-26-191 illegal or unconstitutional.
    •  

    COMPLETE LIST OF CLALLAM COUNTY DOE SMP COMMENTS 2009-2012

    July:

    ·         070212 – RKonopaski – G

    ·         #284 clarifying the setbacks on marine shorelines?

    June:

    ·         062312 – ESpees – G

    ·         #283 excessive 175-150 + 10 foot setbacks

    ·         061712 – PHewett – G

    ·         #282 DOE private meeting

    ·         061412 – PHewett – G

    ·         #281 150′ wetland setbacks Futurewise and Grays Harbor

    ·         061412 – PHewett – SED

    ·         #280 WHAT IS THE ECONOMIC FUTURE OF CLALLAM COUNTY?

    ·         061112 – PHewett – G

    ·         # 279 See Nollan, 483 U.S. 825, 837 (1987). precautionary setbacks

    ·         060912 – PHewett – G

    ·         #278 25  No setback increases 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 No taking of private property for public access

    May:

    ·         053012 – PHewett – SED

    ·         #275 RE-DESIGNATE TO FRESHWATER RURAL

    ·         052912 – PHewett – G

    ·         #274 fight back COORDINATION PROCESS 43 UNITED STATES CODE SECTION 1712

    ·         052412 – RCahill – SMPdraft

    ·         #273 the spirit and intent of the Department of Ecology’s Shore land’s and Environmental Assistance, publication number 09-06-029, shall and should, be changed to may.

    ·         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 problem 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 problems  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 long overdue Final Draft WRIA 20 Preliminary SMP Elements Report

    ·         050812 – WFlint – SED

    ·         #263  redesignateThe 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 Auditor’s Office it is not on the Property Title. What should be recorded with the Auditor’ s 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 negative 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 LOW MARKET VALUE OF NON-CONFORMING PROPERTY

    April:

    ·         042812 – PHewett – G

    ·         #253 Increased Ins.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 lawsuit against GMA IN THE SUPREME COURT OF THE STATE OF WASHINGTON

    ·         042612 – PHewett -G

    ·         #250 CLALLAM COUNTY- 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 negative SMP IMPACT ON PRIVATE PROPERTY OWNERS

    ·         041812 – PHewett – G

    ·         #247 The statistics introduced 474 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 Excessive buffers 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 critical 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 Who controls 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 Mitigation is for the rich 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, creating law by rule

    ·         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 but has never been defined (4) Shoreline master programs shall provide a level of protection to critical areas located within shorelines of the state that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources as defined by department 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

     

     

    WHATEVER? Error! Filename not specified.

    SMP Comments 2011:

    December:

    ·         120811 – PHewett – G

    ·         #225 PROBLE  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 legal paper against SMP taking

    ·         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 Impact on all stakeholders 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 not the WAC’S

    ·         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 private property owners pay for 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 every public comment and question asked.

    ·         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 THREAT? 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 A huge treat to Private Property owners.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 attended 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 for fish recovery

    ·         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? For Salmon Recovery?

    ·         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

     

     

    .

    WHATEVER? Error! Filename not specified.

     

    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: Nonein 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

    ·         #100 Adopting the NNL Policy and enlargement of current buffers is making bad policy worse.

    ·         052911 – PHewett – G

    ·         #99 SCIENTIFIC EVIDENCE Many of the problems that were the REASON that the public voted for the original Shore Line Management Act have already been corrected.

    ·         052811 – ESpees – G

    ·         #98 The DoE, an unelected State agency, is making radical policy based on the new State religion of earth worship.

    ·         052811 – RHale – G

    ·         #97 SMP’S are nothing more than a new version of a death panel and a method for which to take property rights of state Registered/ Deeded and “taxed” owners.

    ·         052711 – ESpees – G

    #96 Article 1. Section 1. Of the Washington State Constitution

    Political Power: All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.

    052711 – PHewett – G

    #95 WA State DOE Budget is A THOUSAND MILLION IS A BILLION written AS $1,034.0 Million (the Doe can’t even write it as a BILLION)

    ·         052611 – MGentry – G

    ·         #94 I reported to Steve and Sheila only one of the group of 20 we met with had received notices like this. Can you determine why?

    No comment #93

    ·         052111 – PHewett – G

    ·         #92 Directing and identifying how our Clallam County Officials can withhold permits to private property owner’s because the State can’t legally or constitutionally regulate our private property at a state level.

    No comment #91

    ·         051811 – JPetersen – CR

    ·         #90 One of the items that should be addressed in the new shoreline program is the relative inaccuracy of the Critical Areas maps in regards to Meander Hazard Zones.

    ·         051811 – NOTAC – CR

    ·         #89 MANY comments on the Consistency Review

    No comment #88

    No comment #87

    No comment #86

    No comment #85

    No comment #84

    No comment #83

    ·         051311 – PHewett – G

    ·         #82 WA The Supreme Court has granted review in several additional cases against the SMP this month.Citizens for Rational Shoreline Planning, et al. v. Whatcom County, et al., No. 84675-8.

    ·         051311 – PHewett – G

    ·         #81 United States Supreme Court RULES An environmental restriction on property development that serves no environmental purpose is unjustifiable.

    ·         051311 – PHewett – G

    ·         #80 Pacific Legal Foundation If government blocks access to your land, it has committed a taking Dunlap v. City of Nooksack

    No comment #79

    No comment #78

    ·         051011 – TSummer – G

    ·         #77 No privacy on private beach I have met some extremely rude people who confront me and won’t leave my backyard because they believe the beach SHOULD BE public.

    ·         050611 – PHewett – G

    ·         #76 Clallam County SMP has/will taken the value of private property located in critical areas, setbacks, buffer zones and shorelines and is legally controlling and regulating the removal of all vegetation on all private property located in critical areas, setbacks, buffer zones.

    ·         050611 – PHewett – CR

    ·         #75 TAKING OF PRIVATE PROPERTY FOR PUBLIC SHORELINE ACCESS Statistics taken from Clallam County future land use map 79.2 % of Clallam County is PUBLIC LAND 17.1% or less of Clallam County is PRIVATE PROPERTY 3.7% other

    No comment #74

    No comment #73

    ·         050511 – PHewett – CR

    ·         #72 LAKE SUTHERLAND RCW 90.24.010 Petition to regulate flow

    ·         050511 – PHewett – CR

    ·         #71 Oregon Voters May Require Compensation for Damage to Land Value Due to Regulations

    ·         050511 – PHewett – G

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

    ·

    April:

    ·         042611 – ESpees – G

    ·         #69 Since, all of the SMP public comments are being held private?

    I guess we will have to find a way to make our privatized, public

    comments PUBLIC?

    ·         042311 – MBlack – G

    ·         #68 This is crazy-making and counterproductive. Please pick one that can be defined.

    ·         042011 – KAhlburg – G

    ·         #67 Public comments

    ·         041811 – QuileuteNation – G

    ·         #66 Tribal Comment

    ·         041411 – RColby – G

    No comment #65

    No comment #64

    No comment #63

    ·         #62 We are still suffering under the Good Ole Boys mentality out here because in Clallam bay one property owner is using his lands for staging a scrap metal yard right next to Charlie creek.

    ·         041411 – TSimpson – G

    ·         #61  To mandate setbacks is arbitrary. Each site is different.

    ·         041211 – BBrennan – G

    ·         #60  We are in the process of evaluating the existing well and have had utilities reconnected to the property. Over the next few years we hope to see these projects come to fruition, but are concerned that shoreline setback changes could impede our progress.

    ·         041111 – NN – G

    ·         #59 hand written

    ·         041111 – MGentry – G

    ·         #58 hand written

    ·         041111 – NN – G

    ·         #57 Hand written

    ·         041111 – RMorris – G

    ·         #56 same as #57 hand written

    ·         041111 – NMessmer – G

    ·         #55, 56 and 57 are identical

    ·         041011 – RMorris – G

    ·         #54 I would really like to see a ban on the use of yard-related herbicides and pesticides within buffer zones near aquatic areas.

    No comment #53

    No comment #52

    ·         04 –11- RMorris – G

    ·         #51 #55, 56 and 57 are identical

    ·

    March:

    ·         031511- PHewett – G

    ·         #50  Summary  was not representative of the meeting I attended on Jan. 26, 2011. There was no mention of Lake Sutherland and the outpour of concern by the private property owners.

    ·         031511 – RMorris – G

    ·         #49 My first look at the report is that is looks good.

    ·         031511 – RMorris – G

    ·         #48 Is the Clallam County MRC research and data bases being used in this work?

    No comment #47

    ·         031411 – MGentry – G

    ·         #46 I would be really interested in knowing what portion of the population actually has even an elementary understanding of what’s going on with this planning process, the decisions being made and how those will affect the common citizen.

    ·         031111- JWare – G

    ·         #45 Thank you for providing the opportunity to participate and learn more about the Clallam County Shoreline Master Plan.

    No comment #44

    ·         030211 – PHewett – G

    ·         #43 Indian Tribes Role in Local Watershed Planning (ESHB 2514)

    ·         030211 – PHewett – G

    ·         #42 INVITATION TO ALL PERSONS RCW 90.58.130

    No comment #41

    February:

    ·         021711 – MLangley – G

    ·         #40 PRO SMP but Too often shoreline owners bear the burden of inconsiderate visitors.

    ·         021511 – PHewett – G

    ·         #39  My son listened to me complain for days about the SMP and illegal trespass by DFW on our land, then he gave me some invaluable advise. If you have a complaint? CLIMB THE LADDER!

    ·         020211 – RBrown – G

    ·         #38 Sorry I couldn’t make it to the latest SMP focus group

    January:

    ·         012611 – MBoutelle – G

    ·         #36 hand written erosion problem

    No comment #35

    No comment #34

    No comment #33

    No comment #32

    ·         012111 – CAbrass – G

    ·         #31 One of our concerns is the lack of guidelines and drainage requirements for new housing development above the level of waterfront property.

    ·         011811 – DJones – G

    ·         #30 I received a phone call today reporting that a man is going around Lake Sutherland taking photos of the docks. His response was that it is for the Shoreline Master Program (SMP)Update.

    2010:

    The Clallam County Board of Commissioner’s expects to adopt a final SMP-Update Public Participation Strategy extended to March 16, 2010 @ 10 a.m. at the Board of Clallam County Commissioners Regular Meeting, 223 East 4th Street, Room 160, Port Angeles, Washington.

    No comment #29

    No comment #28

    No comment #27

    No comment #26

    ·         110810 – WDNR – G

    ·         #25 Please include myself and Hugo Flores as contacts for the WA DNR and

    ·         include us in any mailings regarding your future planning efforts.

    No comment #24

    ·         080510 – PSP – G

    ·         #23 PSP

    No comment #22

    No comment #21

    No comment #20

    No comment #19

    No comment #18

    No comment #17

    ·         031010 – WDOE – PPS

    ·         #16  SMP Update Public Participation Strategy

    ·         030910 – WDOE – PPS

    ·         #15 We talked about how to include the transient or tourist public in the outreach strategy

     

    No comment #14

    No comment #13

     

    ·         030810 – LMuench – PPS

    ·         #12 SMP Update Public Participation Strategy

    ·         030410 – QuileuteNation – PPS

    ·         #11 Tribal comment, I am thinking the person who drafted it just

    ·         looked at state requirements and did not go beyond that

    No comment #10

    No comment #9

    No comment #8

    No comment #7

    No comment #6

    No comment #5

    ·         022410 – FutureWise – PPS

    ·         #4 The very nature of this product is about public participation. Some

    ·         description of it is needed, including how it is intended to be used in the SMP.

    No comment #3

    ·         020910 – JMarrs – PPS

    ·         #2 I am pleased with the emphasis I see on making the process open and transparent.

    2009: PUBLIC PARTICIPATION STRATEGY

    ·         120509 – DemComm – G  #1  CLALLAM COUNTY DEMOCRATIC CENTRAL COMMITTEE

    Resolution regarding County Shoreline Management Plan

     WHEREAS the nature of amendments to the plan as might be adopted by the Clallam County Board of Commissioners mayor may not adequately protect the quality of local waters from harmful development; and

    WHEREAS participation in the Shoreline Management Plan review process will be open to the public in a series of meetings over the next two years or more;

    THEREFORE be it resolved that the Clallam County Democratic Central Committee appoint a subcommittee of interested members to monitor the progress of the Shoreline Management Plan review, to suggest to the Central Committee communications to the county of the concerns or interests of Democrats in the elements of the plans and any proposed amendments, and to issue quarterly reports on the review process to the Central Committee.

    ·         December 5, 2009

     REMEMBER… This is just 

    Part one: The history of us, the collective 3000? What happened to us?

    To be Continued….

    Behind My Back | SMP Public Comment # 160

    www.behindmyback.org/2015/02/11/smp-public-comment-160/

    SMP Public Comment # 160 Posted on February 11, 2015 1:01 pm by … … No Clallam County elected representatives attended this meeting. Thirty (30) people …

    ——————————————————————————

    Behind My Back | SMP and other Matrix Mumbo Jumbo

    www.behindmyback.org/2015/03/23/smp-and-other-matrix-mumbo-jumbo/

    (OF THE 617 WRITTEN SMP PUBLIC COMMENTS POSTED ON THE SMP WEBSITE?) … OR ORAL COMMENT INCLUDED IN THE “NEW SMP 160+ MATRIX”? … There is no accountability as to what Clallam County government agency or other …. UNDER AN EXPEDITED RULE- MAKING … full text on behindmyback.org.

    ———————————————————————-

    19 Unresolved SMP Issues AN SMP Public … – Clallam County

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

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

    The bottom line…..

     REMEMBER… This is just 

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

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


  • WA DOE Rules Recreational Use of Water?

    TO PROTECT SURFACE WATER CONTACT BY RECREATIONAL USERS?

    —– Original Message —–

    From: Ballard, Laura (ECY)

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

    Sent: Monday, August 21, 2017 3:51 PM

    Subject: The following rule pre-proposal was filed with the Office of the Code Reviser: Chapter 173-201A WAC- Recreational Use Criteria

    WHAT ARE THE CURRENT SURFACE WATER CONTACT RECREATIONAL USES?

    Find Designated Uses for Waters of the State

    Aquatic Life Uses (see WAC 173-201A-200)(1):

     

    Recreational Uses: (see WAC 173-201A-200)(2))

    Extraordinary Primary Cont.

    Extraordinary quality primary contact waters. Waters providing extraordinary protection against waterborne disease or that serve as tributaries to extraordinary quality shellfish harvesting areas.

    Primary Cont.

    Primary contact recreation.

    Secondary Cont.

    Secondary contact recreation.

     

    Designated uses have sometimes been called “BENEFICIAL USES” and include public water supply, protection for fish, shellfish, and wildlife,

    AS WELL AS RECREATIONAL

    Miscellaneous Uses: (see WAC 173-201A-200)(4))

    Wildlife Habitat

    Wildlife habitat.

    Harvesting

    Fish harvesting.

    Commerce/Navigation

    Commerce and navigation.

    Boating

    Boating.

    Aesthetics

    Aesthetic values.

     

    ——————————————————————

    Find Designated Uses for Waters of the State

    SHALL WE HAVE A CONFLICT OF INTEREST BETWEEN THE LAW AND THE DOE RULE?

    (RCW 90.58.020) Shoreline Master Programs (SMPs)

    There are three basic policy areas to the Act: shoreline use, environmental protection and public access. The Act emphasizes accommodation of appropriate uses that require a shoreline location, protection of shoreline environmental resources and protection of the public’s right to access and use the shorelines

    Public access: Master programs must include a public access element making provisions for public access to publicly owned areas, and a recreational element for the preservation and enlargement of recreational opportunities.

    The overarching policy is that “the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. “Alterations of the natural conditions of the shorelines of the state, in those limited instances when authorized, shall be given priority for…development that will provide an opportunity for substantial numbers of people to enjoy the shorelines of the state.”

    SHALL WE THE CITIZENS BE ALLOWED TO WALK ON THE SHORELINE BUT NOT TAKE RECREATION  IN THE WATER?

    —————————————————————————-

    CONTINUED….

    Designated uses have sometimes been called “BENEFICIAL USES” and include public water supply, protection for fish, shellfish, and wildlife,

    AS WELL AS RECREATIONAL

    agricultural, industrial, navigational and aesthetic purposes. Water quality criteria designed to protect the designated uses and are used to assess the general health of Washington surface waters and set permit limits. Marine and fresh waters have designated uses assigned in a “use-based” format, where individual waterbodies are assigned individual uses.

    To find the designated uses for marine waterbodies refer to WAC 173-201A-610 and 612. For marine aquatic life uses see map (PDF). For marine criteria refer to WAC 173-201A-210, 240, and 260.

    Finding designated uses and criteria for rivers and streams is slightly more complex because of the large number of salmonid species and their complex freshwater spawning cycles.

    To find the designated use(s) for rivers and streams refer to WAC 173-201A-600 and 602 (Table 602) of the water quality standards.

    Table 602 is an extensive listing of waterbodies and the uses assigned to those waterbodies. Section 600 outlines default uses for those waterbodies not specifically named in Table 602.

     

    Chapter 246-260 WAC: WATER RECREATION FACILITIES

    apps.leg.wa.gov › WACs › Title 246

    Mar 27, 2014 – Special design and construction provisions for hotels and motels (transient accommodations) serving fewer than fifteen living units and for spas …

    ————————————————————————————

    The Department of Ecology plans to amend Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.

    This rulemaking will:

    • Include new indicators and numeric criteria TO PROTECT WATER CONTACT RECREATIONAL USES in sections 200(2) and 210(3).
    • REVIEW CURRENT WATER CONTACT RECREATIONAL USE categories and modify sections 600 and 610 if necessary.
    • Improve the location information in use designation tables listed in this chapter – Table 602, USE DESIGNATIONS FOR FRESH WATERS AND Table 612, USE DESIGNATIONS FOR MARINE WATERS

     

    —– Original Message —–

    From: Ballard, Laura (ECY)

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

    Sent: Monday, August 21, 2017 3:51 PM

    Subject: The following rule pre-proposal was filed with the Office of the Code Reviser: Chapter 173-201A WAC- Recreational Use Criteria

    The following rule pre-proposal was filed with the Office of the Code Reviser:

    August 16th, 2017

    Chapter 173-201A WAC: Recreational Use Criteria

    For more information:

    http://www.ecy.wa.gov/programs/wq/ruledev/wac173201A/1607/1607timedocs.html

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

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

    Thank you for using WAC Track.

    Have a good day!

    Visit us on the web or social media.

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    Laws & Rules > Open Rulemaking > Chapter 173-201A Recreational Use Criteria

    Chapter 173-201A WAC
    Recreational Use Criteria

     

    Español (Spanish) > Tiếng Việt (Vietnamese) > 한국어 (Korean)

    The Department of Ecology plans to amend Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.

    This rulemaking will:

    • Include new indicators and numeric criteria to protect water contact recreational uses in sections 200(2) and 210(3).
    • Review current water contact recreational use categories and modify sections 600 and 610 if necessary.
    • Improve the location information in use designation tables listed in this chapter – Table 602, Use designations for fresh waters and Table 612, Use designations for marine waters.

    Timeline and Documents

     

    Date (date subject to change)

    Activity

    August 16, 2017

    Announcement Phase (CR-101)
    Announcement documents
    Read the CR-101

    August 16, 2017 – Spring 2018

    Rule Development Phase
    Develop and prepare the rule language, regulatory analyses documents, SEPA documents, and other information.

    Spring 2018

    Rule Proposal Phase (CR -102)
    Proposal documents available upon filing.

    Spring 2018

    Hold public hearing comment period.

    Spring – Fall 2018

    Review public comments and prepare adoption packet.

    Fall 2018

    Rule Adoption Phase (CR-103)
    Documents available upon filing.

    Fall 2018

    Rule effective (usually 31 days after filing)

    Accessibility (ADA) – For documents in alternate format, call 360-407-6600, 711 (relay service), or 877-833-6341 (TTY). Also see Ecology’s ADA Accessibility page.

    ADDITIONAL RULE INFORMATION

    CONTACT

    Bryson Finch
    360-407-7158
    bryson.finch@ecy.wa.gov

    STAY INFORMED

    Subscribe to the
    E-mail ListServ to receive updates

    RELATED LINKS

     

    Feedback?

     

    To find the designated use(s) for rivers and streams refer to WAC 173-201A-600 and 602 (Table 602) of the water quality standards. Table 602 is an extensive listing of waterbodies and the uses assigned to those waterbodies. Section 600 outlines default uses for those waterbodies not specifically named in Table 602.

    Publication Summary Table  602.

    Title

    Water Quality Standards for Surface Waters of the State of Washington, Chapter 173-201A WAC

    Publication number

    Date Published

    Date Revised

    06-10-091

    December 2006

    March 2017

    VIEW NOW:

    Acrobat PDF format (Number of pages: 142) (Publication Size: 1956KB)

    Trouble viewing?

    ·         Get the latest Adobe Reader

    ·         Microsoft Word Viewer.

    ·         Microsoft Excel Viewer.

    Author(s)

    Water Quality Program

    Description

    This updated version of publication #06-10-091 incorporates rule language adopted by Ecology on August 1, 2016.

    REQUEST A COPY

    The mission of the Department of Ecology is to protect, preserve, and enhance Washington’s environment. To help us meet that goal, please consider the environment before you print or request a copy.

    Accessibility Options
    Persons with hearing loss can call 711 for Washington Relay Service
    Persons with a speech disability can call 877-833-6341

    ·         Water Quality Order Form

    Contact

    Becca Conklin at 360-407-6413 or swqs@ecy.wa.gov

    Keywords

    rule, surface water, standards, quality, water quality standards

    WEB PAGE

    Surface Water Quality Standards

    RELATED PUBLICATIONS

    Title:

    Water Quality Standards For Surface Waters Of The State Of Washington

    Waters Requiring Supplemental Spawning and Incubation Protection for Salmonid Species

     


  • 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.


  • 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].


  • Trump Picks Ryan Zinke to Head the DOI?

    Yep, Trump Picked Ryan Zinke to Head the DOI

    ZINKI’S  IDEA OF HIS DUTY AS THE DEPARTMENT OF INTERIOR AS  SECRETARY IS TO MAKE SURE THAT WE HAVE A BROAD CONSENSUS ON WHAT WE’RE DOING

    ZINKE IS A RELATIVE POLITICAL NEWCOMER IN WASHINGTON AND TO POLITICS GENERALLY. DURING HIS SHORT TENURE AS A STATE LAWMAKER IN MONTANA, HE DEVELOPED A REPUTATION AS A “MODERATE” ON SOME ISSUES.

    ODDLY ENOUGH, AS A POLITICAL NEWCOMER, ZINKE HAS AN EXTENSIVE VOCABULARY OF THE LIBERAL POLITICO ESTABLISHMENTS KEY BUZZ WORDS.

    ZINKI’S TOP PRIORITIES WOULD BE TO GIVE LOCAL LAND MANAGERS AND RANGERS MORE FLEXIBILITY IN LAND MANAGEMENT DECISIONS

    REALLY, START COOLING OFF TENSION OVER LAND USE

    AFTER ABOUT FOUR HOURS OF QUESTIONING  AND COMMENTS  DURING . REP. RYAN ZINKE CONFIRMATION HEARING BEFORE THE SENATE ENERGY AND NATURAL RESOURCES COMMITTEE TUESDAY

    IT’S ALREADY CLEAR THERE COULD BE SOME FRICTION BETWEEN AN INTERIOR SECRETARY ZINKE AND SOME REPUBLICANS IN CONGRESS ESPECIALLY WHEN IT COMES TO SPENDING.

    AND REALLY, ZINKE  PROMISES TO BRING A TEDDY ROOSEVELT-STYLE APPROACH TO MANAGING FEDERAL PUBLIC LANDS?

    ZINKE  WENT ON TO SAY THAT HE THOUGHT THE COUNTRY HAS BENEFITED GREATLY FROM A LOT OF NATIONAL MONUMENT DESIGNATIONS, INCLUDING IN HIS HOME STATE OF MONTANA.

    ZINKE HINTED AT THE HEARING THAT ONE PRIORITY IN AN EXPECTED TRUMP-BACKED INFRASTRUCTURE BILL WILL BE TO ADDRESS A $12 BILLION BACKLOG IN MAINTENANCE AT NATIONAL PARKS.

    ZINKE HINTED? THAT  $12,000,000,000.00 BILLION DOLLAR NATIONAL PARK SERVICE (NPS) BACKLOG FOR MAINTENANCE WOULD BE  A PRIORITY FOR PRESIDENT TRUMP?

    PRESIDENT TRUMP WOULD HAVE A RED FLAG PRIORITY ON ANYTHING WITH  $12,000,000,000.00 BILLION DOLLAR AMOUNT ATTACHED TO IT.

    $12,000,000,000.00 BILLION DOLLARS IS THE LOW ESTIMATE FOR BUILDING THE WALL.

    MY CONSIDERED OPINION IS THAT RYAN ZINKE WOULD SUCK AS THE SECRETARY OF THE DEPARTMENT OF THE INTERIOR.

    WITH ALL DUE RESPECT, NOT ONLY  DO I  QUESTION, I STRENOUSLY OBJECT TO PRESIDENT TRUMP’S PICK REP. RYAN ZINKE, R-MONT TO HEAD THE U.S. DEPARTMENT OF INTERIOR (DOI)

    ———————————————————————————–

    This is the hierarchy of power that  President Trump would be giving to Rep. Ryan Zinke, R-Mont. by appointment.

     A MAN WHO’S  IDEA OF HIS DUTY AS THE DEPARTMENT OF INTERIOR SECRETARY IS TO MAKE SURE THAT WE HAVE A BROAD CONSENSUS ON WHAT WE’RE DOING

      The Department of the Interior Organizational Chart

    This is the classification of things according to relative importance or inclusiveness.

    Interior Organizational Chart

    Interior Organization Chart

    Trump Pick To Head Interior Department Says Climate Change Is Not …

    www.npr.org/…/trumppick-to-head-interior-department-says-climate-change-is-not-a…

    Jan 17, 2017 – Why would President-elect Donald Trump’s pick to head the U.S. Department of Interior, Rep. Ryan Zinke, R-Mont

    LOL  RYAN ZINKE,  SAYS “WE ALL LOVE OUR PUBLIC LANDS, AND THE DUTY OF THE DEPARTMENT OF INTERIOR AS A SECRETARY IS TO MAKE SURE THAT WE HAVE A BROAD CONSENSUS ON WHAT WE’RE DOING..

    Indeed, I would be speechless, if I did not have this website

    JUST SAYING. JUST ASKING? WHO IS THIS GUY?

     I’VE NEVER HEARD OF RYAN ZINKE. PERIOD WHO VETTED HIM?

    THE DEPARTMENT OF INTERIOR (DOI) IS A MESS, AND ITS AGENCIES ARE A MESS, LIKE THE NATIONAL PARK SERVICE (NPS) AND THE BUREAU OF LAND MANAGEMENT (BLM) IS A BLOODY MESS,  THE DOI HAS MORE THAN CONTROL OF PUBLIC LAND, WITH A COMBINED CONTROL OF HUNDREDS OF MILLIONS OF ACRES OF PUBLIC LANDS, MOSTLY IN THE WEST.

    AS PRESIDENT TRUMP WOULD SAY “WHAT A MESS”.

    THE DEPARTMENT OF INTERIOR (DOI) IS A MESS

    During the Obama administration, fights over control of federal land boiled over into armed standoffs led by rancher Cliven Bundy and his sons in Nevada and Oregon.

    And, During the Obama administration, fights over control of federal land boiled over again on January 2, 2016, armed militants seized the headquarters of the Malheur National Wildlife Refuge in Harney County Oregon

    On January 26, 2016 Robert “LaVoy” Finicum,  was shot three times in the back by two OSP officers.

    ——————————————————————————————–

    IT’S ALREADY CLEAR THERE COULD BE SOME FRICTION BETWEEN AN INTERIOR SECRETARY ZINKE AND some Republicans in Congress especially when it comes to spending.

    Certainly, President Trump is aware of the abuse of power by Obama’s  appointed interior secretary of Department of the Interior (DOI)

    The abuse of power by the DOI has been historically documented, and was crystal clear to America’s taxpaying citizens and voters long before  Trump formally announced his candidacy on June 16, 2015.

    HISTORICALLY DOCUMENTED THE  DOI ABUSE OF POWER, UNDER THE BUREAU OF LAND MANAGEMENT  (BLM) ” THE SAGEBRUSH REBELLION”  THAT STARTED IN 1970 AND THE BLM STANDOFF ARMED WITH THE BUNDY’S

    2014, ‘IF THINGS DON’T CHANGE, IT’S NOT LONG BEFORE SHOTS WILL BE FIRED,’ LYMAN SAID, JOINING OTHER CONSERVATIVE LAWMAKERS SUCH AS CHAFFETZ IN WARNING OF VIOLENCE

    IF THE FEDERAL GOVERNMENT DIDN’T REIN IN THE BLM.

    AND, THE FEDERAL GOVERNMENT DID NOT REIN IN THE BLM.

    On January 26, 2016 Robert “LaVoy” Finicum,  was shot three times in the back by two OSP officers.

    Behind My Back | Shooting him three times in the back

    www.behindmyback.org/2016/03/09/4775/

    Mar 9, 2016 – Shooting him three times in the back. Shooting death of LaVoy Finicum justified, necessary, prosecutor says shows that the three fatal shots …

    ———————————————————————

    SO, Why did President Trump pick Rep. Ryan Zinke, R-Mont to  head the U.S. Department of Interior? to clean up the huge mess?

    ———————————————————————————-

    MAY 4, 2014 The Department of the Interior(DOI)  

    Behind My Back | Dept. of Interior Deterioration

    www.behindmyback.org/2014/05/04/dept-of-interiordeterioration/

    MAY 4, 2014“We the people” don’t have to look very far down the US. Government chain of command to pin point the cause of THE DETERIORATION of the … DEPARTMENT OF THE INTERIOR

    —————————————————————————–

    HISTORICALLY DOCUMENTED THE  DOI ABUSE OF POWER, UNDER THE BUREAU OF LAND MANAGEMENT  (BLM) ” THE SAGEBRUSH REBELLION”  THAT STARTED IN 1970

    PATRIOTIC AMERICAN CITIZENS CALL THEM “LAND GRABS”

    THE SAGEBRUSH REBELLION was a movement during the 1970s and 1980s that sought major changes to federal land control, use and disposal policy in the American West where, in 13 western states, federal land holdings include between 20% and 85% of a state’s area.

    YEP, PATRIOTIC AMERICAN CITIZENS CALL THEM, DOI BLM “LAND GRABS” IT GOT SO WILD IT WAS NAMED THE WILD OLYMPIC SCAM, BY HOOK OR BY CROOKS OR BY OBAMA’S EXECUTIVE ORDERS

    Obama signs executive order, bypasses Congress, and …

    https://investmentwatchblog.com/obamasignsexecutiveorderbypasses-…

    1 day ago – OBAMA SIGNS EXECUTIVE ORDER, BYPASSES CONGRESS, AND LEGALIZES ALL BLM LAND GRABS. … ORDER, BYPASS CONGRESS, AND DO A MASSIVE BLM LAND GRAB. … http://www.thenewamerican.com/usnews/constitution/item/22499-behind- …

    ———————————————————————————

    A sequel to a 1970s movement that sought a state takeover ( LAND GRABS) of federal public lands.

    Behind My Back | The Sagebrush Rebellion

    www.behindmyback.org/2014/04/14/the-sagebrushrebellion/

    Apr 14, 2014 – This 20th-century conflict, known as the Sagebrush Rebellion, pits ranchers, loggers, miners and others against Washington bureaucrats in a …

    ——————————————————————————————

    THE BLM LAND GRAB

    In May 2014, in Texas, militias and their allies came to protest a BLM survey of more than 90,000 acres along the Red River, fearing the federal government was planning a land grab.”

    ‘If things don’t change, it’s not long before shots will be fired,’ Lyman said, joining other conservative lawmakers such as Chaffetz in warning of violence if the federal government didn’t rein in the BLM.

    ‘We can avoid it. But it’s not going to be by the people changing their attitudes and accepting more intrusion into their lives. IT’S GOING TO BE BY THE FEDERAL GOVERNMENT ACKNOWLEDGING PEOPLE’S FREEDOM.’‘It is impossible to overstate the importance of the victory won in the desert today, “The feds were routed—routed. There is no word that applies. Courage is contagious, defiance is contagious, victory is contagious. Yet the war is not over.’”

    JAN 30, 2017 WHILE THE STANDOFF AT THE BUNDY RANCH IN CLARK COUNTY, NEVADA, HAS FADED AND THE SHOOTING DEATH OF LAVOY FINICUM HAS FADED FROM THE  LIBERAL  PUBLIC NEWS  MEDIA HEADLINES.

    DONALD J. TRUMP IS THE PRESIDENT OF THE UNITED STATES OF AMERICA

    Update  Jan 29, 2017 Robert “LaVoy” Finicum

    (GO TO THE ARTICLE LINK HERE)

    http://redoubtnews.com/2017/01/29/meeting-never-happened-john-day/

    Their intent is to meet President Donald Trump and present him with a letter requesting the pardon of local ranchers, Dwight and Steven Hammond.

    ———————————————————————————-

    BLM Bureau of Land Mismanagement

    Posted on February 29, 2016 9:33 am by Pearl Rains Hewett Comment

    February 26, 2016 Toni Webb’s  story is here… OREGON CANDIDATE EXPOSES SOCIAL, ECONOMIC CATASTROPHE CAUSED BY FEDERAL CONTROL IN JOSEPHINE COUNTY

    Liz and I both saw this … As the history of our three counties in three different states. Washington State, Oregon and Calif. Liz Bowen is from Siskiyou County, Calif. Pie N Politics Pearl Rains Hewett is from Clallam County WA

    ——————————————————————

    Jan 30, 2017 Updated to reflect…

    DONALD J. TRUMP IS THE PRESIDENT OF THE UNITED STATES OF AMERICA

    As, President of the United States, Trump shall seriously affect the transfer of ownership and return control of public lands back to western states, like Oregon, as critical to our survival.

    ——————————————————————————

    Trump Jr Human Toll Issues – WA DC Edicts

    Posted on June 11, 2016 9:18 am by Pearl Rains Hewett Comment

    Donald Trump Jr has been informed of the issues.

    Toni Webb’s  issues are…  THE SOCIAL, ECONOMIC CATASTROPHE CAUSED BY FEDERAL CONTROL IN JOSEPHINE COUNTY OREGON

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    February 13, 2016

    Toni Webb meets with Donald Trump Jr to discuss Timber Issues and Land Ownership.

    The bottom line from Toni…

    Jan 30, 2017 Updated to reflect…

    Donald Trump Jr was informed of the issues.

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    DONALD J. TRUMP IS THE PRESIDENT OF THE UNITED STATES OF AMERICA

    I have no doubt President Donald Trump will  transfer our lands from federal mismanagement. He has assured us, he will prevent further loss and reverse the losses that have plunged our county into poverty..

    INDEED,  PRESIDENT DONALD TRUMP SHALL MAKE AMERICA GREAT AGAIN, AND HELP US HELP OURSELVES.

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    http://www.npr.org/sections/thetwo-way/2017/01/17/510335071/trump-pick-to-head-interior-department-says-climate-change-is-not-a-hoax

    The bottom line

    MY CONSIDERED OPINION IS THAT RYAN ZINKE WOULD “SUCK” AS THE SECRETARY OF THE DEPARTMENT OF THE INTERIOR.

    WITH ALL DUE RESPECT, NOT ONLY  DO I  QUESTION, I STRENUOUSLY OBJECT TO PRESIDENT TRUMP’S PICK REP. RYAN ZINKE, R-MONT TO HEAD THE U.S. DEPARTMENT OF INTERIOR (DOI) TO CLEAN UP THE HUGE (DOI) MESS


  • In An Apparent Shell Game S.2012

    The bill in question is No. S.2012 -the North American Energy Security and Infrastructure Act of 2016

    In an apparent “SHELL GAME” likely intended to disguise a hidden agenda and to confuse the American public, Congress is considering “BEHIND CLOSED DOORS” two versions of S.2012.

    U.S. Senator Lisa Murkowski (AK-R) is pushing a massive 792 page Senate Energy bill incorporating more than 393 amendments covering these and other policy areas

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    Polson, Montana –September 14, 2016

    According to nonprofit Western States Constitutional Rights, LLC,

    S.2012 contains VERY harmful tribal government forest management provisions that could severely diminish the constitutionally protected rights of western and rural private property owners throughout the  United States

    In an apparent “SHELL GAME” likely intended to disguise a hidden agenda and to confuse the American public, Congress is considering “BEHIND CLOSED DOORS” two versions of S.2012.

    ———————————————————————–

    Why would the Politico’s establishment of this Congressional Mumbo Jumbo confuse the American public?

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    snippet…

    It is understood that the Senate passed the Murkowski version without forestry measures in April 2016, while the U.S. House of Representatives passed a second version with both forestry and tribal forest management measures in May 2016,namely,H.R. 2647 –the Resilient Federal

    Forests Act of 2015. H.R. 2647 was sponsored by Representative Bruce Westerman (AR-R) and cosponsored by 11 Republicans and 2 Democrats. It seems H.R. 2647 was incorporated within the House version of S.2012 via an amendment adding new Title VII as part of “Division B, Titles I-X”.1 On September 8, 2016, the two versions of House/Senate S.2012 were submitted to a Congressional conference committee to be reconciled for ultimate passage by both chambers and signature into law by President Obama.

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    DON’T WAIT UNTIL S.2012 IS PASSED  BY CONGRESS, LIKE OBAMACARE, TO FIND OUT WHAT’S IN THE NORTH AMERICAN ENERGY SECURITY AND INFRASTRUCTURE ACT OF 2016  

    We the People must demand an end to the secrecy, shady backroom deals, and usurpation of our natural and constitutional freedoms and property rights.

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    WELL NOT REALLY…

    WE THE PEOPLE MUST INFORM AMERICAN CITIZENS REGARDING USURPATION’S of  S.2012

    THAN ON NOV 8, 2016 WE THE PEOPLE  VOTE FOR TRUMP.

    AS PRESIDENT OF THE UNITED STATES OF AMERICA TRUMP PUTS AN END TO ALL OF THE SECRECY, SHADY BACKROOM DEALS, AND USURPATION OF OUR NATURAL AND CONSTITUTIONAL FREEDOMS AND PROPERTY RIGHTS.

    ENDING A MASSIVE  NUMBER OF GOVERNMENT USURPATION’S

    By definition an act of usurping; wrongful or illegal encroachment, infringement, or seizure.

    INCLUDING OBAMA’S EXECUTIVE ORDERS

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    A UN and tribal takeover? – Canada Free Press

    canadafreepress.com/…/energybillshidden-tribal-forest-management-amp-other-pro

    2 days ago – Hidden provisions in congressional energy bills undermine America’s … of private property owners throughout the United States, the Western States … shared by many citizens throughout the western and rural United States.

     

    By Lawrence Kogan —— Bio and Archives September 17, 2016

    A MASSIVE 792-PAGE SENATE ENERGY COMMITTEE BILL THREATENS TO AUTHORIZE FEDERAL BUREAUCRATS TO CEDE EXTENSIVE CONTROL OVER WESTERN STATE WATER AND PROPERTY RIGHTS, ENERGY DEVELOPMENT AND FOREST MANAGEMENT TO NATIVE AMERICAN TRIBES, LOCAL UN SUSTAINABILITY COUNCILS AND RADICAL ENVIRONMENTALIST GROUPS.

     CERTAIN PROVISIONS COULD UNDERMINE THE FOUNDATIONS OF OUR NATION FROM WITHIN OUR NATION.

    S.2012, the North American Energy Security and Infrastructure Act of 2016, incorporates some 393 amendments. Incredibly, it is being driven forward by U.S. Senator Lisa Murkowski (R-AK) and other members of Congress behind closed doors. Probably very few have read the bill in its entirety. Virtually none understand its likely impacts on western and other rural land, water and property rights, potentially throughout America, or on the families and communities whose lives will be upended.

    This secretive approach—with no opportunities for meaningful public examination or comment, even by those who will be most affected—is almost unprecedented. It could well become another example of “we have to pass it to find out what’s in it.” But numerous people will have to live with the consequences, while the authors and implementers walk away exempted, unscathed and unaccountable.

    The bill’s tribal government forest management provisions are extremely harmful and could severely diminish the constitutionally protected rights of private property owners throughout the United States, the Western States Constitutional Rights consortium emphasizes. Indeed, the pending legislation is itself unconstitutional, as explained in a legal memorandum the consortium sent to 13 members of Congress.

    This Montana-based nonprofit was formed to safeguard the property rights of farmers, ranchers and other land and business owners against reckless federal, state and local government laws, regulations and policies. WSCR members live on or near the Flathead Irrigation Project within the Flathead Indian Reservation, and in other parts of northwestern Montana. But their concerns are widely shared by many citizens throughout the western and rural United States. It has a long, hard road ahead on these issues.

    The apparent “shell game” is likely intended to disguise a hidden agenda and confuse people. In fact, Congress is quietly considering two versions: a Senate-passedMurkowski version without forestry measures and a House of Representatives version with both forestry and tribal forest management measures (H.R. 2647, the Resilient Federal Forests Act of 2015, sponsored by Representative Bruce Westerman (R-AR) and cosponsored by 11 Republicans and 2 Democrats). Bipartisan chicanery.

    On September 8, the two versions were submitted to a conference committee, to be reconciled so that both chambers can pass a bill and President Obama can sign it into law. The problems are extensive.

    The House/Senate versions’ forestry measures embrace Euro-UN-Agenda 21 sustainable forest management principles, plus United Nations Indigenous Peoples Rights policies that would supersede the U.S. Constitution—while implementing unscientific climate change and sustainability objectives devised by the White House and “Forest Service Strategic Energy Framework.”

    Tribal Forest Management (TFM) provisions in House/Senate S.2012 are more problematic, because they would racially discriminate in favor of Native American tribes. They would do so by using the UN Declaration of the Rights of Indigenous Peoples to recognize off-reservation aboriginal pre-European land and water rights—where none exist in U.S. law—at the expense of all other Americans’ constitutionally protected private property rights. S.2012s’ TFM provisions would also:

    • Supplant states’ authority and jurisdiction over their natural resources, as recognized by the Tenth Amendment requirement that these resources be held in “public trust” for the benefit of each state’s citizens—including incredibly hard-working western ranchers who put so much food on your table.
    • Enable Native American Tribes to treat “Federal Forest Lands” (including national forests and national parks belonging to all Americans) as “Indian Forest Lands,” merely by establishing that “the Federal forest land is located within, or mostly within, a geographical area that presents a feature or involves circumstances principally relevant to that Indian tribe.” That means a tribe only has to show that the lands are covered by an Indian treaty, are part of a current or former Indian reservation, or were once adjudicated by the former Indian Claims Commission as part of a “tribal homeland.”
    • Provide Native American Tribes near U.S. national forest and park lands with federal “638” contracts to manage, oversee and control such lands and appurtenant water resources for federal regulatory and other purposes, even when they are well beyond the boundaries of Indian reservations.
    • Expand tribal political sovereignty and legal jurisdiction and control, especially over mountainous forest lands—the source of most snowpack and other waters that farmers, ranchers, and even towns and cities rely on for irrigation, drinking and other water needs.
    • Enable tribes to impose new federal fiduciary trust obligations on the U.S. government to protect their religious, cultural and spiritual rights to fish, waters and lands located beyond the boundaries of Indian reservations, by severely curtailing non-tribal members’ constitutionally protected private water and land rights, without paying “just compensation” as required by the Fifth Amendment to the U.S. Constitution.

    A recently filed federal lawsuit by the Hoopa Valley Tribe of northern California against the U.S. Bureau of Reclamation and National Marine Fisheries Service underscores the importance of this so-called federal fiduciary trust obligation. The tribe wants to compel the agencies to protect the tribe’s alleged off-reservation aboriginal pre-European water and fishing rights in southern Oregon’s Klamath River and Upper Klamath Lake—even though their reservation is more than 240 miles southwest of the lake!

    A tribal court victory would severely curtail Klamath irrigators’ ability to exercise their rights to vitally needed water. Northern California’s Yurok Tribe says it will soon file its own lawsuit. A cascade of such legal actions would disrupt or destroy the entire western water rights system.

    Combined with S.3013 (Montana Democrat Senator John Tester’s Salish and Kootenai Water Rights Settlement Act), the TFM provisions would expand and codify into federal law off-reservation aboriginal water and fishing rights that the tribes now claim. That precedent could then be used by other litigious tribes to override water and private property public trust obligations that Montana, Oregon, California and other western states owe their citizens under state constitutions. It could happen throughout America!

    S.2012 would cause even more problems if Congress adds a Wyden-Merkley Amendment that provides federal funding and implementation for the controversial Klamath Basin Agreements Tribal Rights Settlement. That would greatly expand tribal water rights, in violation of U.S. constitutional requirements that any such expansion be pursuant to Congress’s authority to approve or reject interstate compacts or regulate commerce with Indian tribes.

    It would also create a federal and interstate template for greatly diminishing regional—and potentially all irrigators’—state-based private property rights, in favor of Native American tribes. Its proponents have grossly misrepresented the settlement’s alleged benefits and substantially understated the damage it would impose on Klamath Basin residents.

    If S.2012 is enacted into law with the tribal forest management, Wyden-Merkley Amendment and Salish-Kootenai Settlement, Congress will cede control over western and rural lands and waters to Native American tribes in violation of the U.S. Constitution’s Fifth, Ninth, Tenth and Fourteenth Amendments.

    This year’s presidential and congressional elections are a referendum on the role and performance of government.

    We the People must demand an end to the secrecy, shady backroom deals, and usurpation of our natural and constitutional freedoms and property rights.

    Congress’ immediate withdrawal or modification of this grotesque omnibus energy bill would be a good first step in this direction.

    Lawrence Kogan is managing principal of The Kogan Law Group, PC of New York, NY and legal counsel to Western States Constitutional Rights, LLC.

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    Just asking?

    Why would the Politico’s establishment of this Congressional Mumbo Jumbo confuse the American public?

    ————————————————————————————–

    This West Is OUR West: Uniting Western States – Protecting Our Rights

    thiswestisourwest.com/

    Energy Bill’s Hidden Provisions UndermineS.2012 – the North American Energy Security and Infrastructure Act of 2016, which many in Congress … protected rights of western and rural private property owners throughout the United States.

    BREAKING NEWS September 15, 2016

    WESTERN STATES CONSTITUTIONAL RIGHTS, LLC

    PRESS RELEASE

    Energy Bill’s Hidden Provisions Undermine Western and Rural U.S. Property Owners

    The following press release is based on a recently prepared memorandum of law and

    correspondences dispatched to 13 members of Congress explaining the unconstitutionality of pending legislation discussed below

    Polson, Montana – September 14, 2016 –

    Energy and forest management are not generally assumed to be interrelated policies.

    Nevertheless, U.S. Senator Lisa Murkowski (AK-R) is pushing a massive 792-page Senate Energy bill incorporating more than 393 amendments covering these and other policy areas. The bill in question is No. S.2012 – the North American Energy Security and Infrastructure Act of 2016, which many in Congress have not likely read.

    According to nonprofit Western States Constitutional Rights, LLC, S.2012 contains VERY harmful tribal government forest management provisions that could severely diminish the constitutionally protected rights of western and rural private property owners throughout the United States.

    In an apparent “SHELL GAME” likely intended to disguise a hidden agenda and to confuse the American public, Congress is considering BEHIND CLOSED DOORS two versions of S.2012.

    —————————————————————————————-

    A shell game is a shell game….. by hook,  by crooks or by the U.S. Congress

    Behind My Back | The “RESTORATION” Shell Game

    www.behindmyback.org/2014/06/09/the-restorationshellgame/

    Jun 9, 2014 – The “RESTORATIONShell Game. A highly convoluted “GAME OF RESTORATION” that is involving the sleight of many, many hands, in which …

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    Read more on Pie N Politics

    News from Klamath Basin Crisis.org

    by Liz Bowen

     

    http://klamathbasincrisis.org/billslaws/2016/Energybillshiddenprovisions091516.pdf

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    Western States Constitutional Rights, LLC is a Montana-based nonprofit entity the mission of which is to promote the protection of private property rights held by western United States property owners against reckless federal, state and local government laws, regulations and policies. Its members are irrigators, landowners and business owners located on or near the Flathead Irrigation Project situated within the Flathead Indian Reservation, and from other areas in northwestern Montana, but their concerns are widely shared by many citizens throughout the western and rural United States.

    All media inquiries should be directed to The Kogan Law Group, P.C., NY, NY, Western States Constitutional Rights, LLC’s legal counsel, at: 212-644-9240.

    —————————————————————–

    Energy,  forest management  and TRIBES are not generally assumed to be interrelated policies.

    Connecting the dots on  Senator Murkowski….

    Senator  Murkowski  (R) is an active member of the Senate Committee on Indian Affairs and served as Vice Chairman of the Committee during the 110th Congress. She is the Chairman of the Senate Energy and Natural Resources Committee and a member of the Committee on Appropriations, She was honored with a Congressional Leadership Award by the National Congress of American Indians