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HomeMy WebLinkAbout66C_2024-0520 Rossi (PNPTC) 19472 Powder Hill Place NE, Suite 210 Poulsbo, Washington 98370 Phone (360) 297-3422 Fax (360) 297-3413 May 20, 2024 Josh Peters, Director Department of Community Development Jefferson County 621 Sheridan St. Port Townsend, WA 98368 Re: Pleasant Harbor MPR - Notice of Preliminary Plat Application, Case No. SUB2023- 00025 Dear Director Peters, On behalf of the Point No Point Treaty Council (Treaty Council), the following comments are provided with regard to the Notice of Application for the Pleasant Harbor Plat, Case No. SUB2023-00025. PNPTC is a tribal organization that provides fisheries and habitat support services to the Jamestown S’Klallam (JST) and Port Gamble S’Klallam (PGST) Tribes, who have Usual and Accustomed Treaty Rights in the proposed area. Since 1997, the PNPTC and its member tribes have provided comments and participated in discussions, hearings, etc. to review this project and not all of the requests/comments have been incorporated into the project proposal, plat application, and associated documents. PNPTC (and its member Tribes) has already requested (on May 8, 2024) an extension of the comment period to adequately review this large proposal but it was not granted. As stated in previous comments from our organization and letters from our member tribes (2001, 2006, 2007, 2015, 2018, 2019) regarding this project, we are concerned about the potential adverse effects on cultural resources and Treaty Rights from the loss of wetlands and rare kettle ponds, increased traffic, intensity of land use for commercial and residential development, significant alteration of hydrology, clearing and grading, increased impermeable surface, use of persistent pollutants, impacts to shellfish, storm water impacts, wastewater impacts, wildlife impacts, and other project effects. In addition, PNPTC, Port Gamble S’Klallam Tribe, and Jamestown S’Klallam Tribe need to be directly communicated to on all matters and updates related to this project. Below is a preliminary list of some of concerns and deficiencies in the current application: 1. Shellfish Resources Protection and Management Exhibit 66C Page 2 of 5 19472 Powder Hill Place NE, Suite 210 Poulsbo, Washington 98370 Phone (360) 297-3422 Fax (360) 297-3413 The Pleasant Harbor MPR (PH MPR) will be located between two public beaches on the Duckabush and Dosewallips, which provide both significant commercial and ceremonial/ subsistence harvest opportunities to Tribes with Usual and Accustomed fishing rights in the area. The two delta flats are among the most important intertidal areas to the tribal harvesters based on acreage available, healthy habitats available, and existing natural manila clam and pacific oyster production. Project proponents should consult with tribal natural resources staff to develop and implement a plan for protection and restoration of tribal shellfish resources. Increase in visitors is expected to increase the harvest pressure on the Duckabush and Dosewallips tidelands. Additional system overflows into the Duckabush or contaminated storm water runoff from the increase in impervious areas could result in poor water quality in the rivers leading to problems with shellfish on the tidelands. A closure of these tidelands by DOH due to water quality issues would have cultural and economic impact on the S’Klallam tribes. 2. Wildlife Protection and Habitat Management Plan While the Wildlife Management Plan’s (published 3/12/2024) goals describe and address some of the Tribes’ most significant wildlife-related concerns, the methods proposed to reduce harm to elk herds are flawed and will not accomplish the Plan’s goals. This plan only identifies one west oriented fence, and that it is not enough to exclude elk from the premises. Elk should be completely excluded from the PH MPR via fencing because elk are highly mobile. By excluding elk entirely, it would remove other issues that are not currently addressed in the Wildlife Management Plan. Some of those issues are: • vehicle-wildlife collisions; • damage to ornamental plantings and landscaping; • changes in habitat use by the elk herd, as a response to newly created food sources; • the presence or divots and elk feces on the golf course; • potentially dangerous interactions between elk and visitors, residences, and their pets. The Wildlife Management Plan greatly underestimates how significant elk use (and damage) could be to the PH MPR site. Through the tribally led elk monitoring program, our biologists know that the Duckabush elk herd consists of up to 40 adult elk (which eat roughly the same amount of browse as 25 full grown bovine cows). The Duckabush herd crosses to the east side of Highway 101 (immediately south of the PH MPR) on a limited basis only, likely because there are few novel resources and few high-value feeding areas. However, the elk use will change after habitat conditions are significantly altered and novel food sources (e.g.: fertilized and watered fields) are installed. Exhibit 66C Page 3 of 5 19472 Powder Hill Place NE, Suite 210 Poulsbo, Washington 98370 Phone (360) 297-3422 Fax (360) 297-3413 The Dosewallips elk herd (which lives roughly 5 miles north of the project) regularly crosses to the east side of Highway 101 to graze on the fields maintained by Dosewallips State Park. The elk are there for hundreds (possibly thousands) of hours each year, despite the presence of dozens to hundreds of campers/visitors and all the noise and disturbance associated with people. Once elk are accustomed to a new and high-value food source, deterring future use will be incredibly challenging. The Wildlife Management Plan proposes temporary deterrence techniques to be implemented if elk begin to use PH MPR site. The proposed flashing lights and loud noises are unlikely to deter elk use, but may disturb residents and visitors. 3. Water Quality Protection and Management PGST and JST natural resources staff should be consulted to develop and implement a plan for the protection of water quality in the project area and in waters adjacent to the area or amend the existing Water Quality Monitoring Plan to include these protections. There is need to incorporate the following: a) Water quality monitoring in waters connected to tribal fisheries and shellfish harvesting areas, including monitoring for pollutants, b) An evaluation of alternatives for constructing additional swales and contours near roadways to redirect storm water runoff away from Hood Canal, particularly in the areas of Phase 1 construction. Revise project management plan to eliminate the use of persistent pollutants and replace them with substances allowed for use under the agricultural national organic program. Provide the draft revised management plan to tribal natural resources staff for review and comment. The urbanization of the area by the development of the proposed PH MPR will increase the prevalence of toxic heavy metals, persistent organic pollutants and other contaminants of emerging concern in this rural area. The increase in the prevalence of these pollutants will likely have a negative effect on fish and shellfish resources inhabiting PH MPR and the surrounding areas, including the Dosewallips and Duckabush River Estuaries. 4. Cultural Resources Protection and Stewardship Tribes continue to request that Kettle Ponds B and C and adjacent wetlands be preserved for traditional property evaluation and protection of cultural resources. Storm water and wastewater management plans should avoid the destruction of wetlands and use of these Kettles for storm water and treated wastewater storage. Contact PGST and JST Tribal Historic Preservation Officers (THPO) (and other regional tribes) directly regarding these matters. The Kettle ponds are sacred, cultural relics, and are rare biological features and should be preserved. Exhibit 66C Page 4 of 5 19472 Powder Hill Place NE, Suite 210 Poulsbo, Washington 98370 Phone (360) 297-3422 Fax (360) 297-3413 5. Development Agreement does not Incorporate Tribal Comments/Revisions In the letter from the Port Gamble S’Klallam tribe (dated April 9, 2018), there was a 19-page detailed list of concerns and issues that have not been remedied in the current Development Plan and its Amendments. Below are some of concerns related to (but not limited to) the following areas: • Concerns related to the density, intensity of use, unlimited terms/build-out period, lack of enforceability and specificity, sequencing issue with the Development regulations, and failure to meet required provisions and conditions of the Ordinance 01-0128-08. • Need for reduction in overall density of the PH MPR • Need for conditional approval structure for the PH MPR • Need for enforceability and specificity in the Development Agreement (and associated appendices) and development regulations • Need for meaningful consultation between Jefferson County and the area Tribes. • Need to correct for noncompliance with Ordinance 01-0128-08 of nearby natural resources including the protection of shellfish harvesting areas • Need for compliance with protection of critical areas with current standards that should include standards related to 6PPD, water quality, climate change impacts, etc. • Need for a closer examination of the PH MPR’s water plan and impacts to the kettle ponds for use as water storage, etc. There needs to be a thorough independent study of hydrologic function and relationship between groundwater, surface water, and runoff, aquifer recharge, contamination by pollutants related to pesticides and golf course management, or other treated surfaces. • Need for a better water quality monitoring plan. The proposed plan is lacking scope and sample frequency. • Need for wastewater treatment plan. According to the “Fully Executed Development Agreement with appendices” this is still pending. • Need for the implementation of the revisions and actions proposed by PGST Late Tribal Chair Jeromy Sullivan (from letter dated April 9, 2018) for the development agreement and amendments. PNPTC, Jamestown S’Klallam Tribe, and Port Gamble S’Klallam Tribe has reached out for a technical meeting and is still awaiting confirmation of proposed dates in early June to better Exhibit 66C Page 5 of 5 19472 Powder Hill Place NE, Suite 210 Poulsbo, Washington 98370 Phone (360) 297-3422 Fax (360) 297-3413 understand this project proposal and learn more specificity around monitoring and adaptation to environmental concerns. These are some our existing concerns, but due to the size and complexity of this project, time constraints, and planned staff meeting with Jefferson DCD in June to get updates, our staff has not been able to fully review this project. This meeting will help inform future comment letters. PNPTC supports any additional concerns that are brought forth by the Port Gamble S’Klallam Tribe and the Jamestown S’Klallam Tribe (letters on May 20, 2024), that may not have been identified here. Our tribes are deeply concerned about these issues and we look forward to working with you to address them before the preliminary plat application moves forward. Please feel free to reach out to me, Cynthia Rossi, at crossi@pnptc.org or 360-297-6534, if you have any questions. We appreciate your time. Kindly, Cynthia A. Rossi Habitat Protection Program Manager Point No Point Treaty Council Exhibit 66C