----- Original Message -----
Sent: Thursday, July 08, 2010 6:17 PM
Subject: Re: State review continues

Here is RCW 90.58.090...  https://apps.leg.wa.gov/rcw/default.aspx?cite=90.58.090
A question I have is,who all from the County is participating in the review of comments? Now that the Watershed Stewardship Resource Center grant has been approved, is Jill Silver in on this? (She has already been a de facto employee of DCD for quite a while now). I hope not, because during her presentation at the Marrowstone community meeting on the SMP in April she exhibited a stunning lack of familiarity with the actual policies and regulations contained in the SMP. Her perspective is based on how she wants the SMA to read, not on how it is actually written. The same can be said for the County staff and DOE. The SMA as written contains protections for both the shoreline and property, but the Jefferson SMP bears little resemblance to the law. At the Marrowstone meeting I asked why there should uniform buffers regardless of whether the impact was a paper mill or a single family residence on a 5 or 10 acre parcel. Ms. Silver's answer was we need uniform buffers "because we don't know what is going to be built on a given parcel." This is in complete conflict with RCW. 90.58, the WAC 173-26, and state and federal constitutional requirements for nexus and proportionality. The whole purpose of a shoreline inventory report, cumulative impact analysis, and shoreline environmental designations is to manage development on the shoreline in a "planned, rational, and concerted effort." (RCW 90.58.020). What Ms.Silver observes to be fact is a figment of her imagination and implementation of her own personal desires. And to think her new job will be helping people understand environmental regulations! This fits right in with the culture at DCD. Tax-paying citizens whose fate depends on an impartial review of the law deserve just that, not public servants using other people's money to subsidize an experimental social-science project. 
----- Original Message -----
Sent: Thursday, July 08, 2010 12:27 PM
Subject: Re: State review continues

This should be done in the form of a legal demand letter from the attorneys of either OSF, or CAPR - or both - and delivered to the each of the BOCC, personally  !

On Thu, Jul 8, 2010 at 8:23 AM, E S <> wrote:
If Michelle is making substantive comments as an employee facilitator of the county/DOE then the  process is obviously flawed. It also is blatantly obvious that Michelle's job is to skew the process into whatever the county commissioners and DOE thinks it should be.
For a public employee this is highly unethical if not also illegal.
Since we still live in the USA and "We the People" takes precedent and not -"we the bureaucrats" or "we the politicians" all  comments  must be made public ASAP!
RCW 90.58.090 among others that Jim Hagen found obviously will have legal ramification?

Subject: Re: FW: State review continues
Date: Thu, 8 Jul 2010 07:27:57 -0700

Ken, you are right.  The County must make Michelle's comments available and allow comment on them.  State agencies allow comments to be submitted, but do not make their replies available until it is too late to respond back.  Kind of a parent-child relationship, "I don't want to hear your excuses, we're doing it because 'I said so' "
----- Original Message -----
Sent: Wednesday, July 07, 2010 10:41 PM
Subject: Re: FW: State review continues

"1.       The County is currently working to provide Ecology some feedback on the issues raised by the 300+ comment letters received during the state-wide public comment period. "

OK, why was the comment period state wide ??? Oh, I know, everyone on the planet has an interest in MY PROPERTY !

Why can our 'County' (who else but - Michelle?) provide DOE with 'some feedback' after the comment period ended ??

The County is US, WE THE PEOPLE - not Michelle. We have spoken and she has no right to clarify or 'feedback' - ANYTHING. (we should demand copies of everything she fed back)

This is especially true because she is paid from a state DOE grant - a very incestuous situation !!   Why is a defacto state employee representing the property owners of Jefferson County who pay the property taxes and who are being hurt by this SMP ?? (essentially DOE represents the county in DOE decision making)

As far as I am concerned Michelle's actions reopen the comment process and roll back the timeline, otherwise we are denied equal protection as guaranteed by the 14th amendment! Our comments have not been protected from her SPIN !


On Wed, Jul 7, 2010 at 2:48 PM, Norman MacLeod <gaelwolf@waypt.com> wrote:



From: Michelle McConnell [mailto:mmcconnell@co.jefferson.wa.us]
Sent: Wednesday, July 07, 2010 4:15 PM
To: Michelle McConnell
Subject: SMP: State review continues


Greetings & Happy Summer Interested Parties!



The State’s review of our Locally Approved SMP (LA-SMP) continues with WA Department of Ecology: 

1.       The County is currently working to provide Ecology some feedback on the issues raised by the 300+ comment letters received during the state-wide public comment period. 

2.       After our Response to Comments is submitted to Ecology (within the next month or so), Ecology will prepare their Findings and Conclusions along with their decision to A) approve; B) approve with required changes; or C) deny the SMP.  If changes are required, some dialogue may be required to find complete agreement between the State and the County.

3.       After Ecology approval, the final step is for the Board of County Commissioners to adopt the new SMP by ordinance as new components of the Comprehensive Plan and Unified Development Code.


So while the process is moving forward, we still have a few months to go before final adoption and the new SMP takes effect.  Stay tuned… this email list will continue to receive project updates.



You may have seen the recent articles in last week’s Leader newspaper – a few points of clarification are needed:

·         Buffers & Setbacks – While it may seem a finer point, there is a difference between the terms buffers and setbacks as proposed by the LA-SMP.  The 150-foot distance proposed is a standard shoreline buffer for stream/river and marine shorelines that fall under SMP jurisdiction.  There are separate 5-foot side-yard and 10-foot building setbacks proposed as well.  Far from a ‘one-size-fits-all’ approach, the LA-SMP also proposes 6 options to adjust the standard shoreline buffer when specific situations arise.


The current SMP has only requires setbacks:  30 to 100-feet for residential and a minimum of 15-feet for commercial and urban development.  The County’s Critical Areas Ordinance has included a 150-foot buffer for fish & wildlife habitat conservation areas since early-2008, and has successfully withstood legal challenge.  The City of Port Townsend SMP requires buffers that range from 50 to 200-feet.  Other jurisdictions around Puget Sound also have 150-foot buffers in place (e.g. Whatcom County).


·         SMP jurisdiction – Not all shoreline areas in the county meet the statutory definition for ‘Shoreline of the State’.  The SMP will apply to all shorelines that meet the criteria for SMP jurisdiction.  Lakes less than 20 acres in size, rivers/streams with less than 20 cubic feet per second mean annual flow, and lands under federal or tribal ownership do not qualify.



Thanks for your continued interest,



No reply to this message is required.  You have received this message as a member of the Jefferson County Shoreline Master Program (SMP) Interested Parties Email Distribution List. If you do not wish to receive further project notices, reply to this message with "UNSUBSCRIBE" as the subject and body text. Anyone who wants to be added to the list may send an email with "SUBSCRIBE" as the subject and body text. Please note: Recipient names and email addresses are not shown to keep that information private.




Michelle McConnell, Associate Planner - LRP Lead


Jefferson County Department of Community Development

Long Range Planning Division

621 Sheridan St., Port Townsend, WA 98368


MAIN  360.379.4450        DIRECT 360.379.4484        FAX 360.379.4473

WEB  www.co.jefferson.wa.us/commdevelopment


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