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  • Category Archives So many Questions – NO ANSWERS
  • SMP 19 Unresolved Issues 2012-2017

    Another 2017 SMP Update concern to Clallam County Commissioner

    At the July 10, 2012 SMP Committee Advisory meeting

    Two thirds or more of the SMP Advisory Committee

    VOTED TO WALK  AWAY AND LEAVE 19 UNRESOLVED SMP ISSUES ON THE TABLE,

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

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

    ———————————————————————-

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

    ——————————————————————————–

    THE SMP Advisory Committee

    Pearl Rains Hewett Trustee—– Original Message —–

    From: pearl hewett

    To: Lois Perry ; Sue Forde ; zSMP

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

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

    Subject: SMP COMMENT ON THE SMP Advisory Committee

    This is my comment

    on the SMP Advisory Committee

    George C. Rains Estate

    Concerned Member SMP Advisory Committee

    At the July 10, 2012 SMP Committee Advisory meeting

    Two thirds or more of the SMP Advisory Committee

    VOTED TO WALK  AWAY FROM THE TABLE,

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

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

    1/3 = 10 private interest groups

    1/3 = 10 paid government employees

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

    DOES THE MAKEUP OF THIS COMMITTEE EXPLAINS WHY?

    THEY VOTED TO WALK  AWAY FROM THE TABLE

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

     ——————————————————————-

    July 14, 2012 FIRST SMP PUBLIC COMMENT

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

    Jul 4, 2015 THREE YEARS LATER SECOND SMP PUBLIC COMMENT

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

    19 Unresolved SMP Issues AN SMP Public … – Clallam County

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

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

    —————————————————————-

    July 14, 2012 FIRST SMP PUBLIC COMMENT continued…

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

    The written text related to the undecipherable table below

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

     

    (2) DISCUSSED AND QUESTIONED? NOT ADDRESSED

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

     

    (3) PRESENTED NOT DISCUSSED

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

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

     

    (4) PRESENTED- DISCUSSED but NOT ADDRESSED

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

     

    (5) PRESENTED NOT ADDRESSED

    More additional HABITAT setbacks

    It was impressive how smoothly Margaret and Steve just added on the additional habitat setbacks, but did not mention endangered species.

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

     

    (6) ED BOWEN COMMENT NOT ADDRESSED

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

     

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

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

     

    (8) DOE DESIGNATED WETLANDS NOT IDENTIFIED OR INCORPORATED

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

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

     

    PROHIBITED EXCEPTION DISCUSSED AND RESOLVED BY RCW

    Provisions for protection SHALL be included in SMP up date.

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

     

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

    3.1.1 Shoreline Environment Designations

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

     

    (10) NOT PRESENTED OR  DISCUSSED

     EXPENSE OF SPECIALISTS FOR APPROVAL

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

    (11) NOT PRESENTED OR  DISCUSSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

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

     

    (12) NOT DISCUSSED – ADDRESSED OR RESOLVED

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

    4.2.4 Regulations – Shoreline Buffers

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

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

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

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

    (15) NOT DISCUSSED OR ADDRESSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

    Administrator shall require a view clearance plan

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

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

     

    (16)  NOT DISCUSSED OR ADDRESSED

    Taking of Private property for Public access

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

     

    (17) NOT DISCUSSED, MENTIONED AND DISMISSED

    EPA. Precautionary setback are not legal

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

     

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

    ONE HUNDRED PERCENT (100%) NON-CONFORMING PROPERTY

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

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

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

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

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

    (19) NOT DISCUSSED OR ADDRESSED

     The provisions of WAC173-26-191 anything that may be  illegal and unconstitutional at a State level, may also be  illegal and unconstitutional at a county level AND shall not be included in Clallam County SMP update.

    ——————————————————————————-

    WAC 173-26-191

    Agency filings affecting this section

    Master program contents.

    2 The results of shoreline planning are summarized in shoreline master program policies that establish broad

    shoreline management directives. The policies are the basis for regulations that govern use and development along the shoreline. Some master program policies may not be fully attainable by regulatory means due to the constitutional and other legal limitations on the regulation of private property. The policies may be pursued by other means as provided in RCW 90.58.240. Some

    development requires a shoreline permit prior to construction. A local government evaluates a permit application with respect to the shoreline master program policies and regulations and approves a permit only after determining that the development conforms to them. Except

    where specifically provided in statute, the regulations apply to all uses and development within shoreline jurisdiction, whether or not a shoreline permit is required, and are implemented through an administrative process established by local government pursuant to RCW 90.58.050 and 90.58.140 and enforcement pursuant to RCW

    90.58.210 through 90.58.230.

    —————————————————————————–

    Some master program policies may not be fully attainable by regulatory means due to the constitutional and other legal limitations on the regulation of private property.

    So?  The illegal and unconstitutional policies on private property,

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

    ————————————————————————–

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

    No Net Loss of Ecological Function?

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

    Prepared by MARGARET CLANCY, JIM KRAMER and Carol MacIlroy

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

    ————————————————————————–

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

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

    ———————————————————————-

    (19) NOT DISCUSSED OR ADDRESSED

     The provisions of WAC173-26-191

    anything that may be  illegal and unconstitutional at a State level

    may also be  illegal and unconstitutional at a county level

    AND, shall not be included in Clallam County SMP update.

    ——————————————————————————-

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

    Pearl Rains Hewett

    ———————————————————–

    WHO WERE THE SMP ADVISORY COMMITTEE MEMBERS

    THAT VOTED TO WALK  AWAY FROM THE TABLE

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

    ———————————————————————————-

    PDF]

    Clallam County Shoreline Master Program Committee …

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

    Clallam County

    DOES THE MAKEUP OF THIS COMMITTEE EXPLAINS WHY?

    THEY VOTED TO WALK  AWAY FROM THE TABLE

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

    *Chris Byrnes: WA Department of Fish & Wildlife

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

    *Jeffree Stewart: WA Department of Ecology …

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

    SMPC Attendees:

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

    —————————————————————

    Arnold Schouten

    MRC Strategic Plan – Northwest Straits Marine Conservation …

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

    by S Plan

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

    ———————————————————————

    Bob Vreeland

    ——————————————————————————-

    Darlene Schanfald eccentric, Secretary. Olympic Environmental Council

    —————————————————————–

    George Chandler

    George Eastman

    ————————————–

    Hansi Hals

    Jamestown S’Klallam Tribe – Natural Resources Staff

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

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

    ————————————————–

    Harry Bell Green Crow

    Jay Petersen 4C’s Engineering

    Jeffree Stewart DOE

    John Cambalik

    —————————————————-

    Judy Larson very nasty woman

    2013-04 notes.pdf – Olympus.net

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

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

    ———————————————————

    Karl Spees

    ———————————————————-

    Katie Krueger Tribe

    —————————————————————–

    Kevin MacCartney Sierra Club

    ———————————————————

    Mary Pfaff-Pierce (usually not there)

    ———————————————–

    Matt Beirne Tribe

    ————————————————————-

    Matt Heins Tribe

    ———————————————-

    Pearl Rains Hewett

    ——————————————————————

    Randy Johnson tribal rep (aka nasty randy)

    —————————————-

    Ron Gilles Sequim Realtor

    ———————————————-

    Theresa Nation WDF

    County Staff & Consultants:

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

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

    Shoreline management plan meeting brings unanswered …

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

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

    opportunities to improve shoreline management in puget

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

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

    —————————————————

    Senior planner for SMP Steve Gray

    Sheila Roark Miller

    Hannah Merrill

    Public Attendees

    Jesse Waknitz, Port of PA

    ————————————————-

    Glen Irwin, Shoreline Landowner

    ————————————————–

    Charles Weller, Shoreline Landowner really a good guy

    ———————————————–

    1. McNerthney, Shoreline Landowner

    ——————————————————–

    Connie Beauvais, CC Planning Commissioner really a good lady

    ——————————————————–

    Michele d’Hemecourt, NOLT

    ——————————————————————–

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

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

    —————————————————-

    Arnold Schouten

    MRC Strategic Plan – Northwest Straits Marine Conservation …

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

    by S Plan

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

    ————————————————-

    Bob Vreeland

    Andrew Stevenson Port Angeles Arnold Schouten Port …

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

    Clallam County

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

    —————————————————————-

    Darlene Schanfald eccentric, Secretary. Olympic Environmental Council

    George Chandler

    George Eastman

    ————————————–

    Hansi Hals

    Jamestown S’Klallam Tribe – Natural Resources Staff

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

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

    Harry Bell Green Crow

    Jay Petersen 4C’s Engineering

    Jeffree Stewart DOE

    John Cambalik

    —————————————————-

    Judy Larson very nasty woman

    2013-04 notes.pdf – Olympus.net

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

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

    Karl Spees

    Katie Krueger Tribe

    Kevin MacCartney Sierra Club

    Mary Pfaff-Pierce (usually not there)

    Matt Beirne Tribe

    Matt Heins Tribe

    Pearl Rains Hewett

    Randy Johnson nasty randy (tribal rep.)

    Ron Gilles

    Theresa Nation WDF

    County Staff & Consultants:

    Margaret Clancy (Consultant)

    Steve Gray

    Sheila Roark Miller

    Hannah Merrill

    Public Attendees

    Jesse Waknitz, Port of PA

    Glen Irwin, Shoreline Landowner

    Charles Weller, Shoreline Landowner really a good guy

    1. McNerthney, Shoreline Landowner

    Connie Beauvais, CC Planning Commissioner really a good lady

    Michele d’Hemecourt, NOLT

    Robert Knapp, JS’K

    ———————————————–

    REMEMBER… This is just 

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

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

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

    The Bottom Line….

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

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

    To be continued….


  • Clallam County SMP Update

    Clallam County SMP Update

    CLALLAM COUNTY VESTED CITIZENS  HAVE A  VOICE

    A GOOD READ 624 SMP PUBLIC COMMENTS

    MARCH 30, 2015 SMP PUBLIC COMMENTS INCLUDE, CLALLAM COUNTY AFFECTED VESTED SHORELINE PRIVATE PROPERTY OWNERS, INVESTMENT PROPERTY OWNERS, LOCAL BUSINESS,  THE TIMBER INDUSTRY,

    IN PART, OTHERS HAVE THEIR VOICE TOO, PAID  GOVERNMENT EMPLOYEES  NGO OUT OF TOWNERS, FEDERAL, STATE, AND COUNTY  AND THE TRIBES.

    2015 Comments

    032115 – PHewett

    032115 – PHewett

    032115 – PHewett

    032115 – PHewett

    032115 – PHewett

    031815 – PHewett

    031815 – KSpees

    2015 Comments

    031515 – KSpees

    031515 – PHewett

    031415 – KSpees

    031315 – KSpees

    030115 – PHewett

    030115 – PHewett

    030115 – PHewett

    022815 – PHewett

    SMP Comments under review by the Planning Commission:

    2015 Comments

    022715 – ForksCity

    022715 – BrandtPtOwners

    022715 – HSmyth

    022715 – SierraClub

    022715 – CGeer

    022715 – LPhelps

    022715 – RFletcher

    022715 – KNorman

    022715 – SBruch

    022715 – RBloomer

    022715 – RBloomer

    022715 – DStahler

    022715 – MDoherty

    022715 – SBogg

    022715 – RKnapp – JKT

    022715 – BLynette

    022715 – BLynette

    022715 – RPhreaner

    022615 – JLarson

    022515 – SierraClub

    022515 – TEngel

    022515 – AMatthay

    022515 – LPhelps

    022515 – KSpees

    022415 – DeptOfInterior

    022415 – TSimpson

    022415 – TFreeman

    022415 – BLake

    022415 – JCress

    022415 – Taylors

    022415 – EGreenleaf

    022315 – GBergner

    022015 – BBrown

    022015 – GBrown

    022015 – TRief

    022015 – RAmaral

    022015 – WCook

    022015 – DKalinski

    022015 – DFrascati

    022015 – JHelpenstell

    022015 – JFletcher

    022015 – CTilden

    022615 – PABA

    022015 – GJensen

    022015 – SWikstrom

    022315 – SBonner

    022215 – JElleot

    022115 – TSage

    022015 – KSpees

    022015 – KSpees

    022015 – KSpees

    022015 – KSpees

    021915 – DWahlgren

    2015 Comments

    021915 – NKoseff

    021915 – KDuff

    021915 – BVreeland

    021915 – CStrickland

    021915 – EStrickland

    021915 – GSmith

    021915 – DOE

    021915 – SGilleland

    021915 – LBowen

    021915 – HMeier

    021915 -DChong

    021915 – SAnderson

    021915 – OEC

    021915 – RHuntman

    021915 – BLynette

    021915 – CWeller

    021815 – WFlint

    021815 – SNoblin

    021815 – LNoblin

    021815 – PHewett

    021815 – KAhlburg

    021815 – EBowen

    021815 – PFreeborn

    021815 – TTaylor

    021815 – KGraves

    0218105 – GCase

    021815 – KCristion

    021815- SReed

    021815 – SLaBelle

    021815 – MGonzalez

    021815 – JAdams

    021815 – SKokrda

    021815 – KFarrell

    0211815 – MMazzie

    021815 -HKaufman

    021815 – MCrimm

    021815 – CCarlson

    021815 – SFarrall

    021815 – JWinders

    021815 – TErsland

    021815 – FWilhelm

    021815 – SPriest

    021815 – RHolbrook

    021815 – LLaw

    021815 – LHendrickson

    021815 – JMaddux

    021815 – DHagen

    021815 – MHinsdale

    021815- DWatson

    021815 – DWarriner

    021815 – DRigselie

    021815 – JBaymore

    2015 Comments

    021815 – Plauché & Carr LLP

    021815 – PHewitt

    021815 – JCollier

    021815 – JCollier

    021815 – CMiklos

    021815 – PMilliren

    021815 – RPhreaner

    021815 – BBurke

    021815 – GCrow

    021815 – CJohnson – NOTC

    021815 – CParsons – State Parks

    021815 – JMarx

    021715 – JDavidson

    021715 – RAmaral

    021715 – CGuske

    021715 – TTrohimovich – Futurewise

    021815 – DSchanfald

    021715 – Port of PA

    021715 – PMillren

    021715 – EWilladsen

    021615 – EChadd-OCA

    021315 – SLange

    021315 – CKalina

    021215 – RCrittenden

    021115 – RKaplan

    021115 – SScott

    021115 – PHewett

    020915 – RMantooth

    020615 – PRedmond

    020615 – CVonBorstel

    020515 – DHoldren

    020515 – JMichel

    020215 -DHoldren

    020515 – DHoldren

    020415 – SCahill

    020215 – CEvanoff

    013115 – MBlack

    013015 – SHall

    013015 – BConnely

    012715 – BGrad

    012715 – DGladstone

    012715 – BBoekelheide

    012715 – KWiersema

    012015 – JBettcher

    011615 – PHewitt

    011615 – ACook

    011415 – PLavelle

    011215 – PHewitt

    010915 – PHewitt

    010915 – RKnapp

    010715 – WSC

    2014 SMP Comments under review by the Planning Commission:

    2014 Comments

    122914 – MQuinn

    121614 – OCA

    111814 – PHewett

    111814 – PHewett

    111714 – PHewett

    091514 – PHewett

    081814 – PHewett

    SMP Comments on earlier drafts of the plan can found here

    ———————————————————————–

    SMP Legal Action Continues

    SMP Update fight moves forward – Great Pen Voice Letter by Gene Farr
    To: Karl Spees <76ccap@gmail.com>

    Gene Farr lives in Jefferson County.

    It is the same imposed govt taking without due process we are having in Clallam County. It will be the same in Grays Harbor County and over the whole state.

    I read the letter in the Peninsula Daily News. It was a little hard to follow.  This version is very clear and easy to follow.

    Is it the editing of the local paper or me?

    Karl Spees – Concerned American

    Thx Gene excellent letter.

    $$$$$$$$$$$$$$$$$$$$

    Hope you all saw a slightly modified version this in the PDN today.  They added in Hood Canal Sand & Gravel as one of the litigants and changed the title to Shoreline program:

     

    SMP Legal Action Continues

     

    The PDN reported last week that the State Growth Management Hearing Board rejected appeals by the Olympic Stewardship Foundation, the local chapter of Citizen Alliance for Property Rights and others. These legal actions had been launched when Jefferson County adopted and the State Dept of Ecology approved a highly flawed and onerous update to the County’s Shoreline Master Program.

    You read that right. A county can’t adopt its own regulations to suit its local conditions. It must do what the State Department of Ecology wants in order to get the required approval.  Is that Constitutional?

    These legal appeals noted numerous constitutional, legal and procedural issues. The total was over 200 items, yet this Board of political appointees chose to not validate even one issue.  Now the legal action will move on to a real court of law.

    This SMP Update devalues shoreline property by making it less desirable.  It is now harder to develop, improve, repair or replace damaged shoreline property.  With the lower total value of county property as a tax base, the county then must increase property tax rates on all property to raise the same amount of funds.  This affects all property owners.

    CAPR and OSF are working on behalf of all property owners.  OSF is a local organization that believes “The best stewards of the land are the people who live on the land and care for their homes and property.”  We all should support these organizations.

    Gene Farr

     


  • SMP Public Comment #164

    I resubmit this SMP Public Comment as  #164

    FEMA AND OTHER POLICY SPECIFIC INSURANCE COVERAGE

    In answer to posted SMP Public Comment “so many questions”

    Why not help the 3300 shoreline private property owners?

    I have researched and documented, I have answers.

    You, Clallam County DCD have not responded to their posted question? YET?

    Pearl Rains Hewett

    —– Original Message —– Saturday, April 28, 2012 11:43 AM

    Sent: Saturday, April 28, 2012 11:43 AM
    Subject: FEMA AND OTHER POLICY SPECIFIC INSURANCE COVERAGE

    I submit this as my SMP comment

    Pearl Rains Hewett Trustee

    George C. Rains Sr. Estate

    Member SMP Advisory Committee

     

    FEMA AND OTHER POLICY SPECIFIC INSURANCE COVERAGE

    • snippets
    •  Some documentation is from MARCH 15, 2011, 6:57 P.M. ET
    • ·         1. FEMA  flood specific
    • ·         2. Earthquake specific
    • ·         3. DIC INSURANCE COVERAGE
    • ·         4. Generic specific homeowners insurance

     

    1. FEMA  flood specific

    The Federal Insurance and Mitigation Administration (FIMA) manages the NFIP.

    National Flood Insurance Program (NFIP).

    Flood coverage costs an average of $570 a year, up 4% from 2009. And those costs are expecting to keep rising, says Drew Woodbury, an equity analyst covering insurance at Morningstar.

    Over 10 years, flood insurance premiums could cost up to $27,340, for a high-risk home with $250,000 in coverage to rebuild the house and $100,000 to cover the contents, according to the Federal Emergency Management Agency

    Drew Woodbury, an equity analyst covering insurance at Morningstar.

    On top of that, a proposal in Congress could also boost annual premiums by as much as 20% as part of a plan to overhaul the federal government’s flood insurance program, itself

    (FEMA )underwater by $18 billion.

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

    My comment is, the wider the DOE SMP Clallam County flood plains,  the more private property owners will be required  to pay for this.

     If MITIGATION is your middle name? You are probably a government agency.

    Of course, CLALLAM COUNTY HOMEOWNERS can also avoid these expenses by moving to less disaster-prone areas. Individuals can research the country’s earthquake and FLOOD ZONES  for CHEAPER places to live.

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

     2. Earthquake specific

     Earthquake insurance premiums jumped by as much as 58% in some regions, says Mike Chaney, commissioner of insurance for Mississippi.

    —————————————————————————-

     Washington State Office of the Insurance Commissioner.

    snippet

    Home policies typically don’t cover quakes

    While insurance policies with earthquake coverage are fairly easy to obtain, they have extremely high deductibles, high premiums and offer relatively little coverage, leaving some to wonder whether earthquake insurance is actually worth the price.

    “There is widespread belief among homeowners that earthquake insurance is included in their policy, but it almost never is. It’s an add-on that you have to buy. Most homeowners are just not covered,” says Rich Roesler to Insurancequote.com. Roesler is a spokesman for the Washington State Office of the Insurance Commissioner.

    ———————————————————————

    snippet

    California Earthquake Authority (CEA)

    CEA Premiums based on science, not profit.

    Per my research consultant, earth quakes are policy specific insurance.

     Earth movement, like slides, mud slides, caused by water or erosion, or your home sliding off of a Clallam County priority feeder bluff (PFB), are NOT Covered.

    See DIC insurance below.

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

    3. DIC INSURANCE COVERAGE

    (Difference in Conditions Coverage)

    Per my research consultant, DIC insurance covers devastating, catastrophic damage to your private property. DIC gives you insurance coverage, that is not  covered on any of your other policy specific insurance policies.

    AN EXAMPLE OF DIC INSURANCE POLICY COVERAGE ON A CLALLAM COUNTY PRIORITY FEEDER BLUFF

    The insured house is on a Clallam County Priority Feeder Bluff

    The house is valued at $700,000.00

    The yearly premium for DIC insurance coverage on that property is $2600.00

    This DIC insurance policy DOES cover earth movement, like slides, mud slides, caused by water and/or erosion, AND it DOES insure your home if  it slides off of a Clallam County Priority Feeder Bluff (PFB)

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

    4. Generic specific homeowners insurance

    My research consultant , advises you to read your homeowners policy, you will never know what is covered if you don’t read your policy.

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

     

    • MARCH 15, 2011, 6:57 P.M. ET
    • Do You Need Disaster Insurance?

    By ANNAMARIA ANDRIOTIS

    The earthquake and tsunami in northern Japan has prompted homeowners everywhere to double-check their coverage. But those who decide that more coverage will help them sleep better may find an unpleasant surprise: Premiums are expected to spike.

    The costs of earthquake insurance and flood coverage were already climbing, even before the disaster in Japan (and that, analysts say, won’t help pricing either). Earthquake insurance premiums jumped by as much as 58% in some regions, says Mike Chaney, commissioner of insurance for Mississippi. They now costs anywhere from $100 to $3,000 annually depending on where you live. Flood coverage costs an average of $570 a year, up 4% from 2009. And those costs are expecting to keep rising, says Drew Woodbury, an equity analyst covering insurance at Morningstar.

    What’s driving the uptick? Insurance premiums move up after more claims are filed, and over the past few years U.S. homeowners have filed thousands of claims related to the series of hurricanes in the South and Midwest, says Chaney. Another jump in claims is expected next year if more devastating hurricanes and other natural disasters occur. On top of that, a proposal in Congress could also boost annual premiums by as much as 20% as part of a plan to overhaul the federal government’s flood insurance program, itself underwater by $18 billion.

    These higher premiums come just as natural disasters are happening more frequently, says David Neal, director at Oklahoma State University’s Center for the Study of Disasters and Extreme Events. There is now a 50% chance that at least one major hurricane will hit the East Coast this year, up from 31% historically, according to a study from Colorado State University. Earthquakes are also becoming more common: On average, 15 magnitude-7 earthquakes occur worldwide each year, says Dr. Harley Benz, a seismologist at the U.S. Geological Survey. But in 2010, that number spiked to 21, and already this year there have been seven, according to the USGS.

    Not every homeowner needs the extra coverage. But while basic homeowners’ insurance usually protects again fire and lighting, it often doesn’t cover floods, earthquakes and other natural disasters. Consumers instead need to purchase additional policies. One thing to consider, say experts: Do you stand to lose more paying premiums every year or saving that money to possibly pay for repairs should a disaster occur? Over 10 years, flood insurance premiums could cost up to $27,340, for a high-risk home with $250,000 in coverage to rebuild the house and $100,000 to cover the contents, according to the Federal Emergency Management Agency, which runs the National Flood Insurance Program. The typical cost to repair a basement after a flood of six inches is about $25,000, not including the cost of replacing furniture, appliances or belongings, according to FEMA.

    Of course, homeowners can also avoid these expenses by moving to less disaster-prone areas. Individuals can research the country’s earthquake and flood zones for safer places to live. Also, before moving, check with a lender; most will tell borrowers they’re moving into a high-risk flood zone and make sure they sign up for flood insurance.

     


  • SMP Public Comment #163

    I resubmit this as my SMP Public Comment #163

    Buying and selling non-conforming homes

    SMP critical areas, setbacks, buffers, wetlands and NON-CONFORMING property.

    Previously posted SMP Public Comment #254 Wednesday, May 02, 2012 11:13 AM

    In answer to posted SMP Public Comment “so many questions”

    Why not help the 3300 shoreline private property owners?

    I have researched and documented, I have answers.

    You, Clallam County DCD have not responded to their posted question? YET?

    Pearl Rains Hewett

    —————————————————————————————-

     snippet, full text below

    What you may want to be concerned about is the decrease in value of the waterfront lots, parcels with wetlands and future non-conforming underdeveloped properties and their subsequent impact to not only you directly, but also to our tax rolls and the revenues that our county services depend upon.

    ———————————————————–

    A very brief overview of Tort Law

    The prima facie case for negligence requires:

    Duty is owed to the plaintiff by the defendant
    Breach of the Duty
    Causation: The defendant caused the harm to occur.
    Damages: The plaintiff suffers harm.

    ——————————————————————-

     General Advice: In the old days, we use to advise clients that waterfront homes and anything with a dock would appreciate at the highest rate in our market. We would say “buy waterfront, and lots of it”.

    Unfortunately, due to the Critical Area Ordinance update we have had to change what we recommend. We now must caution buyers on the purchase of waterfront lots, parcels with wetlands, and those homes or cabins that are underdeveloped and may become non-conforming should the update increase the buffers to undesirable levels and make a high percentage of the buffer “no touch”. Homes that are already developed to their highest and best use, such as a large waterfront home, with guest house and dock, in all likelihood should increase in value since you may not be able to create those improvements or have those views in the future. As those homes are already in place, you won’t be concerned over the non-conforming growth restrictions as contained in the current regulations; however, the next owner may have wanted to expand the home.

    ————————————————————
    Posted on line as SMP Public comment #254

    I would like to comment and make a suggestion on future DOE SMP questionnaires used at Clallam County Public Forums.  I suggest the following questions, in order, by priority.

    1. Are you attending this forum to find out how your private property will be affected by the proposed SMP Update?

    2. Are you concerned about the proposed marine and freshwater, critical areas, shoreline setbacks and buffer zones?

    3. Do you want to know  the percentage of your property that will become non-conforming under the proposed setbacks and buffers?

    4.Do you know the difference between grandfathered and non-conforming?

    5.Do you want to know what affect the term non-conforming will have on your property?

    6. Are you concerned about how the term non-conforming will affect your property value?

    7. Do you want more information on the mitigation process for non-conforming homes/property?

    ———————————————————————————————

    3/01/15 PLUS THIS ADDITIONAL INFORMATION

    Buying and selling DOE SMP non-conforming shoreline property?

    Documentation on policy from local lending institutions?

    RESEARCH

    1. 5/ 01/12  I spent 45 minutes being transferred, from one person to another, and finally spoke to a loan officer, at my bank(of 30 years). He was sympathetic, he used to live in Port Townsend. He had information on non-conforming loans, but no information on loans on non-conforming property. He suggested I talk with the president of my local bank branch.

    2. 5/02/12  I drove to and talked with the local bank manager. There is only one loan officer for this bank, in this area, located at the Sequim Branch.

    3. 5/02/12  I drove from PA to Sequim and the loan officer and I talked for over 30 minutes. She was very helpful. She lives on a local marine bluff.

    4. 5/03/12 called another local bank loan officer indicated she was not qualified to answer my question. I was given the bank’s Mortgage Director’s phone number.

    5. 5/04/12 Mortgage director returned my call, after a 30 minute conversation. She said only the information recorded with the auditor’s office shows up on applications for home loans.

     

    Bottom line Q’s and A’s

    I asked if she could give me anything in writing regarding the buying and selling of DOE SMP non-conforming shoreline property?

    The bank’s Mortgage Director answer was, not without writing it up, sending it to corporate headquarters and having it reviewed and approved by their attorneys.

     

    GENERIC STATEMENTS

    Home mortgages are never black and white.

    DOE SMP  setbacks and buffers ARE.

    Mitigation is always a grey area.

    Times have changed, with all of the foreclosures and bank ownership of homes, all applications for home loans are under more scrutiny.

    Appraiser’s may RED FLAG the appraisal for your home loan application.

    ————————————————————————————————

    BACK TO THE POSTED  online  SMP Public Comment #254 (full text)

    Wednesday, May 02, 2012 11:13 AM

    To: zSMP; sgrey@co.Clallam.wa.us; Miller, Sheila Roark

    Cc: Karl Spees; Jay Petersen; McEntire

    , Jim; lois Perry; marv chastain; harry bell

    Subject:

    REAL ESTATE MARKET VALUE OF NON-CONFORMING PROPERTY

     

    TO WHOM IT MAY CONCERN

    I submit this as my comment on the SMP Update

    Pearl Rains Hewett Trustee

    George C. Rains Sr. Estate

    Member SMP Advisory Committee

     

    The good news is

    There are compliments all around for staff and consultants regarding the handling of the SMP Advisory Committee meetings.

    Thank you for compiling and disclosing the statistics on the setbacks and buffers on the marine SED  priority feeder bluffs.

     

    The bad news is

    SAN JUAN ISLAND REAL ESTATE MARKET SUMMARY (full text follows)

    Spring 2012 Issue, SMP critical areas, setbacks, buffers, wetlands and NON-CONFORMING property.

    What you may want to be concerned about is the decrease in value of the waterfront lots, parcels with wetlands and future non-conforming underdeveloped properties and their subsequent impact to not only you directly, but also to our tax rolls and the revenues that our county services depend upon.

     

     

    I would like to comment and make a suggestion on future DOE SMP questionnaires used at Clallam County Public Forums.  I suggest the following questions, in order, by priority.

     

    1. Are you attending this forum to find out how your private property will be affected by the proposed SMP Update?

    2. Are you concerned about the proposed marine and freshwater, critical areas, shoreline setbacks and buffer zones?

    3. Do you want to know  the percentage of your property that will become non-conforming under the proposed setbacks and buffers?

    4.Do you know the difference between grandfathered and non-conforming?

    5.Do you want to know what affect the term non-conforming will have on your property?

    6. Are you concerned about how the term non-conforming will affect your property value?

    7. Do you want more information on the mitigation process for non-conforming homes/property?

     

    SAN JUAN ISLAND REAL ESTATE MARKET SUMMARY

    Merri Ann Simonson

    Managing Broker

    Sales Manager

    simonson@sanjuanislands.com

    General Advice: In the old days, we use to advise clients that waterfront homes and anything with a dock would appreciate at the highest rate in our market. We would say “buy waterfront, and lots of it”.

    Unfortunately, due to the Critical Area Ordinance update we have had to change what we recommend. We now must caution buyers on the purchase of waterfront lots, parcels with wetlands, and those homes or cabins that are underdeveloped and may become non-conforming should the update increase the buffers to undesirable levels and make a high percentage of the buffer “no touch”. Homes that are already developed to their highest and best use, such as a large waterfront home, with guest house and dock, in all likelihood should increase in value since you may not be able to create those improvements or have those views in the future. As those homes are already in place, you won’t be concerned over the non-conforming growth restrictions as contained in the current regulations; however, the next owner may have wanted to expand the home. What you may want to be concerned about is the decrease in value of the waterfront lots, parcels with wetlands and future non-conforming underdeveloped properties and their subsequent impact to not only you directly, but also to our tax rolls and the revenues that our county services depend upon.

    Spring 2012 Issue

    Real Estate News—Page Two