Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
QIN Appendices
Exhibit A CAIN Lenel io kf&, sun Cu Ullry, 6113116 Quinault Indian Nat'on POS P OFFICE BOX 189 • AROLmM, vvA3MI14'uT�-N 98587 • TELEPHONE (360) 276-Bzi1 s O July 13, 2016 rhil Johnson. Commissioner David Sullivan- Commissioner Kathleen Kler, Commissioner P.O. Box 1220 Port Townsend, WA 98368 RE: Proposed development "Kalaloch Cabins' within yuinautt inciia.. rc,se...t:o.-. b, Delaware North Corporation near Jefferson Coun[y Commissioners: On behalf of the Vuinauk inci'a., iv..r:o,., t u......:r.nr, to rt=yuust a Government-to-sovernment consultation to discuss the above -referenced proposed development at your earliest convenience. The Jefferson County Planning Depa, tment has provided many relevant documents to our rianni..r,..na our staff is currentl, reviewinr, them in order to provide public comments by the July 21, 2016 deadline. In addition to providing those comments to your staff. we Waula 1:K. to a:scuss the broader;urisdictional and governmental issues raised by this proposed project. Please coordinate with Executive Assistant Rose Enos-Weedmark (repos L :quinauit.org or 360./-76.8211 ext. 333) to schedule a mutuall,-agreeable date, time and location. Thank you in advance for your prompt response. Sincerely, It Fawn R. Sha N, President Quinault Indian Nation cc: Patty Charnas, Division Manager of rlanning & nnvironmentat rrogra...s Joel Peterson, Associate Planner, Jefferson County Michael Haas. Prosecuting fnorney, Jefferson County Exhibit B (SIN Constitution, as Amended 2012 PREAMBLE vve, the Innians of the —Wuinault Indian Nation, in order to establish a better tribal orjami=ati�pn; to preserve our land base, culture and identity; to safeguard our interst and general welfare; to secure the blessings of fimudvm and liberty fol- and for our posterity; and to amend you By Laws of August 22, 1922, as amended, do hereby approve and adopt. this Constitution. ARTICLE I -SOVEREIGNTY SECTION 1 -SOVEREIGNTY: Nut,,Jthstandiny the issuance of any patent, the jurisdiction and governmental power of the Quinault Nation shall extend to: (a) all lands, resources, ana waters reserved to thi5 Quinault Nation pursuant to the Treaty of Olympia, 12 Stat. 971, established by Executive Order dated MovernMer zf, isr3 (I Rapp. aza) ana to alj persons acting within the boundaries of those reserved lands or waters; (b) all usual and accustomed fishing grounds, open and unclaimed IanOs reservea for hunting ana gatherings ana other lands necessary for the appropriate use of fishing and hunting grounds; and all mwmberb eAurcising tribal hat�ting, gathering and fishing rights on or off the uuinault Reservation in Quinault's usual and accusto,,,Gd fiahiny gruunds ur: (;;) all lands or wwatur held by the United States in trust or reserved by the Quinault Nation for the use and benefit of any mumbur of thu Quinault Tribewwhu� �� such lands or YwatErs are nut within th7w boondnri�3 of an established Indian Reservation; (d) all members of the Qainaalt Nation while such members are within the boundaries of the United States of America or any of its Reservations, states, tvrritorics, possessions, zones, or districts; except where such jurisdiction is expressiy iimitea By the jaws of the United States; (f) uffshv a marine wwatc-m for a distance concurrent with the jurisdiction of the United States. SES, i ION c-GEIQERAC vvEEPARE: It shall be the goal ofthe Quinault Nation to provide for the general safety and welfare of all persons acting by the right of membership in the Quinault Nation or acting or residing .within the'arisdiction of thu Quinault Nation. ARTICLE II -ENROLLMENT SECTION 1 -MEMBER: (a) A,iy person of 114 Quinault, Queets, Quileute, Huh, Chinook, Chehalis, or Cowlitz blood of one of the nam -d Tribaa or cumbinud, nut a rr,ember of any other federally recognized Indian tribe. (b) Any person adopted into the Nation by a majority vote of the General Council, ata uvular annual meeting of that =uncil. The ownership of trust la,,d un the Quinault Reservation shall be an important consideration in recommending adoption, but such owwnlrship shall not bu conzid7urad a nec7msaary or sufficient qualification ur condition for a recommendation of adoption. Adoption procedures. ( i) H person applying for atloption most appear in p-raon to the Quinault E,,rollment Office to obtain the adoption application form and petition form. OIN Last amended March 31, 20 , 2 mdopked MlarcM rr, i v r o (,c) A person applying Tor atioption must nave their petition signed by 50 tribal enrolled members who have registered in the past twu (2) Annual General Council Meetings. This petidOn will remain in the Enrollment Office (This is to make zure pacpla ..hu ha-,a aignud the petition are enrolled membar). (3) A person applying for adoption must pu5ses5 at minimum one of the bloods of the above lined tribal, a bialugical parent or grandparent on the 1978 uninault M7o ... bErship Roll at the time of per5a, 'a application, and have a biological direct lineal ancestor on the i also Quinault Base moll. (zF1 i lie Enrollment Cemmitt-.e shall request the Bosineaa Committee to prepare a ballot for each applica�it who has mer the criteria of I, c anti 3 aflove to Be presentee to the Annual General Council Meeting. (5) The petition will be posted 30 days before the Annual General Council Meeting. (6) Applicant must Be present at tMe Annual General Council Meeting with one enrolled member to speak an his/her behalf. Failor to attend the meeting shall nullify the current application/petition. (7) Adupuuns will not be allowed from.. the flus- ..ithuut fullu..iny the above procedures. SECTION 2 -ENROLLMENT COMMITTEE: (a) Mer„bership. The enrollment committee shall consist of not less than four (4), nor mare than nine (a) members of the Qainaait Dation, appointee By the Business Cummitt-.e. (b) Duties. The enrollment committee shall: (1) aLcupt applications for enrollment and adoption, (c) investigate ail applications Tor enroliment ano adoption, (3) approve all applications for enrollment where applicants qualify for membership in the Quiiiault Natimi under the provisions of this Constitution. A list of all persons approved for enrollment during the inturim batwGen annual General Council meetings Shall be poblished and posted publicly in places delerlilined to be appropriate to inform the general membership of pundiny anrellmant thifiy (30) days prior to the next a, inaal General Council meeting and presented by the enrollment committee to the General Council at the next annual Gunarel Cuunuil mooting, (4) recommend to the General Council for their vote, persons approved by the enrollment committee for adoption into the uminaolt Natiun; a list of such persons shall be posted with the pending enrollment list, (5) participate in the interviewing anti Miring of an enroliment clerR, (5) issue an orncial notice of denial of enrollment to any person, who, after all due investigation by the enrollment committee is rouna not to tie goalineia for enrollment in the wuinault Nation, (7) issue an official notice of denial of recommendation to any parsoj i, who, after all due investigation by the enrollment committee is found not to be acceptable for a recomrnandatiun of adaption. acCTION 3 -APPROVED APPLICANTS: All pu moans apj m,,ad fur enrollment by the enrollment committee shall be considered members for all purposes until their names area presented at an annual Ganural Cauneil meeting; provided, perszns approved for anrollment shall not be permitted to vote on the enrollment or adoption of any person. SECTION 4 -APPEALS: (a) Persons denied enrollment By a (mal act or Me enrollment oari,mittae may appeal the dacisiun of the enrollment committee to the General Council and if denied by the General Council may appeal to the Quinault i riBal Court. Persons denied enrollment may request a recommendation of adoption. (b) Persons denied a recomme idation of adoption by a final act oT Me enrollment committee may request that the General Council adopt thorn at an annual meeting of the Council. The decision of the General Council shall be final. SECTION S -OBJECTIONS TO ENROLLMENT: Airy member may objeo< to the enrollment of any par; -mm appruvud fur ammllmumt at thu time the name of that parson appruvEd fur enrollment is presented to the General Council by the enrollment committee. The name of the member objecting shall be recorded and that objecting member Shall have ninety (90) days to present suffiLiant evidence to cause reexamination of the enrollment application to Me enrollment committee. During tnat ninety (90) day period and daring any di5anrallment investigation, the persun objected to shall eAcrise the rights or a memBer. IT ninety ta0) Gays snail pass without sufficient evidence being presented to thz enrollment committee to cause the ei,rllment committee to reinvestigate the application, the person ob;ected to ahall be-mrollad. SECTION 6-DISENROLLMENT: (u) Thu emnllmamt committee shall not begin ra Juv. of the enrollment of a member without first notifying a person subject to a disenrollment investigation that Re or she is subject to such an investigation and allo,ving such parun to view all evidence being used to question member status. (b) the enrollment committee in a Oisenrollment investigation sRall follow all procedures set out hcrin for enrulb„ent, im-Juding presentation of the names of any finally dibunrolled person to tRe General Council at tRe next annual meeting of that Council. (c) Grounds for di5enrullment shall be that a person submitted fraudulent evidence in the application for enrollment in ine wuinault Nation in order to quality under the Provisions of thin Can stitutium and/or Dual E..rz;llmant in another federally recognized tribe with the exceptioi, of minors. (d) Persons finally disenralled shall kava the right to appeal their disamrallm unt to the wuinaclt Tribal Cucrt. SECTION 7-DISENROLLMENT OF ADOPTED MEMBERS: Adopted members may be disenrulled by the General Council upon recommentladon of tRe Business Committee pursuant to Me procedure established in this section when it appwans that their continued enrollment is not in the best intcrst of the Mation. (a) i Re Business Committee sRall Rave exclusive authority to initiate disenrollment proceedings against an adopted member. (b) If the Business Committee after allowing an adopted member an opportunity to be heard finds that the continued enrollment of an adopted mumbur lu nut in th-V best interest of the Nation it may recommend disenrollment to the General Council. jcr H Business Committee recommendation of disenrollment shall be placed on the publiahad agumda of the next annual General Council meeting in action. (d) The decision of the General Council on the question or oisenrollment or an a0opte0 memBer shall be final and shall not be sub;ect to judicial rev;avv. AKI IEE h 111 »isr.AEKAl. COUtv(..11.. SECTION 1 -MEMBERSHIP IN THE GENERAL COUNCIL: mil memQers, incluaing aoopte0 mambas of the Qainaolt Natiun shall be members of the General Council. SECTION 2 -VOTING: Mumbai of thu General Council age 18 yaar ur mors, vvhu are pre3ant at the appointed lime and place of elections shall be permitted to vote in General Councii meetings. SECTION 3 -MEETINGS: (a) Th-0 annual masting of the General Council shall be held on tha last Friday and Saturday in March at a place within the Mounoaries of the Quinault Reservation. tb) All meetings of tha General Council shall be announced by the Balinese Committee by posting notices at Taholah, Queets, N►manaa Parlt anti any other place determined by the Business Committee at leant ten (10) days in advance of the muting and by publishing notice in a newspaper of general Circulation in the vicinity of the Reservation. (c) Spucial maetinya may be callad by tha Buaineaa Committae ur by fifty (50) voting members by giving and posting the required notice. (d) The purpose of the General Cuuncil maetinya ahall ba to duct or recall the mambas of the Baainass Committee and to declare the will of the General Council on issues placed before the General Council by the agentia anti By persons raining innuea at any meeting. (a) A quorum for conducing business at any meeting shall be fifty (50) voting members. (f) The agenda for the annaai meeting shall Be puBrisheti By the Secretary of the Tribe. All items to be placed on the published agenda shall be submitted to the Secretary thirty (30) nays in advance of the annual meeting. Items on the published agenda shall be conald.Ured bufure tha general session. A general session agenda shall bC established by the Secretary. The Secretary shall accept general session agenda ;tumu nu zuunur than thifty (30) days before the annual , 11aet;ng nor nu later than the lunch break of the day of the annual meediig. (g) In addition to the annual meeting, 4.,artzAy Gcncral Ciuumcil meetings may be held. SECTION 4 -BILL OF RESERVED POWERS: The following powers shall be reserved to the General Council and the Business Committee or other agency of the Dation shall Be requireti to oBtain tha advice and consent of tha General Council pnuj to taking any action with regard to these powCrS. Any action the Business Committee snail taKe with regard to these powers without obtaining the adviz,a and consent ofthu General Council shall be void and have no legal effect. (a) The relinquishment of any National criminal or civil jurisdiction to any agency, public ur private; provided, that this sectian shall not prevent the Business Committee from commissioning non -National or non - Bureau of Indian Affairs peace officara to arrfvroa National laws and regulations. (b) The tanninatizin of the Quinault Reservation. (u) The adoption of persons into the Nation. (d) The sale of hunting or fiahiny righta, grounda ur stations. (e) Any uthar act ~which jaupardize3 any treaty right of the uuinault Nation; of is prohibited to the Business Committee by this Constitution, or by instruction of the General Cuunuil, ~without prior approval of tho General Council. Al( l lr-Jur, IV -Dusln 33 CV1VllVll l 1 EJE SECTION 1 -OFFICERS: The officers of the Nation shall consist ofthe r-re5iaent, the Vile -President, Secretary and Treaaarcr and savan (7) Councilman. The said elavan (11) officers shall constitute the Business Committee of the Quinauh Dation anti all shall have the right to vote on issues brought bafore tho Business Committee. SECTION 2 -QUORUM: A gnurnm of the Buain-vas Committz;7.shall consist of at I -vast six (6) officers, including the President and Vice -President, and decisions shall be made by a majority voce of those present. In the absence of the President and VicePresident, no meeting shall be held unless an onicer Ras Been Maly appointed By the President or Me vice -President to cRair tRe meeting. aEt; i IOiv s -ECEC i I01a: i Re omcers snail Be elected at the annual meeting of the General Coancil and shall Sel ve three year staggered terns. Nominations shall be made from the floor. Election uhall be by secret ballot. Nu abaunt�,z ballcta uhall bG PIIV.YGd. Offivars ahall be alGutud unu at a time. When daring the course of any General Council meeting, any presently serving officer shall be alerted to fill any uthur puaitiun un the Buaim-;3u C-Urmrnittal, the position vacated by the election shall be immediately filled by electing another qualified person to the remainder of the terra of the vacated position. SECTION 4 -QUALIFICATIONS: Any enrolled member riho maintains permanent residenua witRin tRe Reservation Boundaries, is present at Me ejection, ane is enutiea to vote in the General Council, shall be eligible to be elected as an officer of the Nation, provided that no more than one brother, sister, father, mother, husband, wife or child of any person already sal.isIg ¢s Pn be elected as an officer. Officers moving their residence outside the bomiddriee of the Reservation du=ng th%ir turrn of uffica ..ill bu Lunaidered to have reaiyn'd from the Bauinuas Cummittiu. At lea,.t two (2) Council Members shall be residents from the community of Queers. aEL i lair 5-REMVvPkE: (a) Hny officer who is absent from three consecutive regular Business Committee me-otings without an excuse acceptable to the Bu5ines5 Committee or who commits acts in violation of Ris position of trust, as an omcer of Me Quinault Dation sriall Be removed iron orrice. (Isj Prlur to removal pursuant to (a) above, the officer whose removal is contemplated shall be given a reasonable opportunity to answer charges and a written statement of the charges against him shall be made available to him fifteen (15) days prior to said meeting. (c) An officer who has been removed shall have thl =ght within thirty (30) daya to fillz an appeal to the Gunurl Coo -oil. In the u znt of such at, appeal, the Basine55 Committee Shall promptly call a special meeting of the General Council, at ..hick upucial rnuatiny, it ahall b -V douided ..hcthar the remuvad ufficur ahall be permanently removed. Failure to obtain a quorum of the General Council at such a special meeting shall be considered affirmation of removal of any officer. SECTION 6 -RECALL: Any officer may be removed for any reason by vote of the General Council on a recall petition, specifying the reasons Tor removai. rpt recali petition shall Be signed By at least fifty (50) qualified voters, and filed with the Business Committee. Upon the filing of such a petition, the Business Committee shall promptly call a special meeting of the General Council. Written notice of the petition shall be given tu- the officer at least fifteen (15) days prior to the meeting, and he shall be entitled to state his case before the General Council. The decision of the General Cuuncil shall be final. Failure to obtain a quorum at such a General Council meeting shall require the di5mi55al of the recall putitivrn and nu nu.. recall patitic , rmay bu filud against the officer in question for a period of one year following said meeting. SECTION 7 -VACANCIES: Vacancies on the Busine35 Committee shall be filled no more than sixty (60) days following the occurrence of a vacancy By a u3 vote of a quorum of the remaining officer; provided, that Bach appointee is a voting miimberofthe Nation and is otherwise qualified. The vacancy spall Be fillet] By election at the next General Council meeting for the remainder of the existing term. No person not elected to the Business Committee by the General Council shall be appointed to the position of President or Vice -President. SECTION 8 -MEETINGS: Regular open muuti,ngz of the Business Czimmittee shall b7o held at least once in each month on a regular schedule set by the Business Committee. Special meetings May be called on a reasonable muticw to all officer. E,%ecativs 37.5sions of the Business Committee may be held on majority vote of the Committee. mll regular meetings spall Be pela witpin tpe boundaries of the Quinault Reservation. SECTION 9 -BY LAWS: The Business Committee shall by urdinancz adopt its own procedo,es anti Amies of officers, except as herein provided. An l ICLL' V -rV w K A1rL 1(L' SrV1r51D1L111L' 5 Vi' 1 nn tsu31nr.55 4Vlvllv111 I ZZ SECTION 1 -GENERAL: it shall be the duty of the Business Committee to gdvem ali people, resourca3, lands, and waters under the jarisdiction of or ru5arvad to the Quinault Natio„ in accordance with this Constitution; ine Quinault i rival Coae of laws, ipe wuinault Treaty, the laws of the United States eApressly limiting the powers of the Winault Nation, and the instructions of the General Council. Hny rigpts, powers and authority expressed, implied, or inherent vested in the Nat;un but nvt expressly referred to in this Const;totiun Shall not be abridged by this Article, but shall be exercised by the Business Committee or the Gumaral Council by thU adoption of appropriate ordinances and agreements. SECTION 2 -LAWS: The Business Committee shall have the power to enact laws foRhe welfare of the Nation; provided, however, that such laws are not in conflict with this Constitutiun, and that public hearings be held on each such law prior to tpeir adoption. SECTION a-rOvvl:Ro: i pe Business Committee spall pave ipe power: tai To enter into agrcaments an behalf of the Nation with federal, state, and local governments or agencies, and other puplic anoror private organizations or persons; provided, that these agreements are not in cumflizi within this Constitution, the inst, uctions of the General Council, o, the laws of the Quinault Nation. (b) To provide for the execution and enforcement of the IaYYA of the Quinault Nation; and to establish an !„dependent Tribal Court, and to provide by law for its jurisdiction, procedures, and appointment or electio„ of ita !.,dyes; and to charter and regulate associations, curpertians for profit Qnd rat for profit, towns_ special districts, schools, religious insdiations, financial institutions and all other 1ntitles; and to establish National enterprises as branches of the National government. (c) To levy and collect taxes on memoers and oiner persons or entities within the National J'un adict;un; provided, that no taA shall be levied on trust real property; further provided that no tax shall be levied without holding puBlic hearings convenient in time and place to all rnIrnb%rs of the wu;nealt Nation and those subject to its jud5dictiod,; to determine the need for, and effect of, Bach a tax. (d) To assert the derense of sovereign immunity in suits brought ayainot the Nation and to waive the said defense by agreement where National realty or personality not held in trust by the Unitea otates is pieagea orwhen Fruperty held in trout by the United States is pledged with the consent of the United States. (a) To govern the sale, disposition, and lease of tribally owned assets, ana to provide for the zoning and other land use rsgclaticn of all lands within the boundaries of the Rese, vation and the jurisdiction of the Qainault Nation; and for the parity, volume, anti use of all water to which the uwmazlt Nation and the Qainault people ars entitled; and for the parity of the air within the Qainault Reservation. (f) To manage, lease, permit, sell, or otherwise deal with tribally u..ned landa, tribally owned interacts in lands, water rights, fishing stations, mineral rights, hunting grounds, fish and wildlife resources; or other idBally owned assets, and to pu i—%,haao or otherwise acgairs lands or interests in lands within or without the Reservation, and to hold those lands in tribal or federal trust and to regulate allaaen trust and non -trout lands ..ithin the Reservation boundaries insofar as such regulation is not prohibited by federal law and dues not violate the rights of owners; provides, inat iriBally owned lands held in trust by the United States shall nut be acid or encambersd unless authorized by the General Council. The authority to manage National lands and dmBer may Be delegated to a special committee or committees. (g) To engage in any basiness that will farther the economic well being ofthe Nation and of the mamDers or the Maiion, or undertake any program or prz;uuta deuiyned for the eLonomic advancement of the people or the Nation; and to regulate the conduct of all basiness activities with the Reservation Boundaries. the To borrow money from the fedorl government or other sources, to direct the use of such fay ids of productive~ porposes, and to pledge or assign chattels or income clue or io Become due. (i) 1 --To administer any fonds within the cental of the Nation in accordance with an approved National budget; to make expenditures from avaiiaBle Fonas for trir}al purposes including aalarizu and expenses of tubal employees or officials, 2—The Basiness Committee shall prepare an annual Nation budget, a --This budget 5Mall incluse all nonmai operating expenses, any special pru�ucta ur expenditursc contemplated by the Nation, 4--AlI expenditure of t, lbal funds by the Business Committee shall be authorizea By it or By the General Council in legal session and the amounts so expended shall be a matter of public record. 5 --The Business Committee shall have authority to approve amenamenis to the Nation's annual budget for apodal appropriations in any budget year. 6 --The approved budget shall be posted at the National Business Office in Taholah, Queets, ana ine Post iymce in t aholah. u) To provide for an escheat in order that real and perenal property of members who die intestate and without heirs shall revert to the Nation. (k) To manage, protect and preserve the wildlife and natural rzuources of the Nation and to regulate hunting, fishing, including shellfishirig, and trapping within the jurisdiction of the Mation. i his power may Be delegated to a at,o4ial ucmmittce or com„—Ittees. (1) On petition by fifty (50) voting members of the Nation or on its own motion, the Business Committee shall, within a reasonaBle time, hold a general membership election by secret ballot on any issue. (m) All officG,u and Gmpicyaea cf tho Nation who have possussiun of tribal funds aholl accoom for same periodically to the Business Committee. All officers and employees pan0ling National funds shall be bund. Them shall be an annual audit of the National funds ha,ldled by National officers or employees to be performe0 Ry ifle Bureau of Intlian Affairs or Certified Public ALccentants. (n) To condemn land or interest in, lands for public purpobas within the boundaries of the Reservation; provi0eo trlat owners of ine lands conaemnea shall be paid the fair market value of such lands and any timberar buildings thereon. (0) To exact all laws which shall be necessary and properfor carrying into execution any power delegated to the Bcainzaa Cummittem ur delegated to any parson or committee under the supervision of the Basiness Committee. (p) To govern the inheritance of real and pu-onal pruwarty ov,nad by members. ARTICLE VI -RATIFICATION This Constitution shall go into affcLt ..hen -tified by two thirds (213) of all mambeia eligible to vote, present and voting at a General Council meeting at which a debate and vote on 1Mi5 Constitution has been placed on the agenda. All anrullad member of the Quinault Natio ri shall be notified of suoh a General Council meeting at least thiTy- (30) days prior to sacR a meeting, ana the notice provinea shall make SpaLific rJarance to the pruposad ratifiLation of this Constitution. Election of officer's provisions shall not talte effect until tRe annual meeting of tRe General Council following the adoption of this Constitation. AK 111,LE V Il-ALVILIVULVICtr l SECTION t: This Constitution may Re amentle0 Dy a two tRiras kclsj vote of a quorum of the General Council at an annual or special meeting prvided, however, that the notice of the meeting at wnicR an amendment is proposes shall be given at least thirty (30) days before the meeting, and shall Set forth the propobed amendment and an explanation thereof; anal provioetl further that after discussion of the amendr„rnt at the meeting tharz. shall be a recess of at least 30 minates to enable the members to further discuss the amendment among themselves. SECTION 2: The Basiness Committee shall call a meeting to consider a proposet] amendment upon ;ta c..n motion, or upon receipt of a petition signed by fifty (50) voting members or upon resolution of the General Council. Ai[11CLL' v111-znrUr0Cr,Al51L11 r The provisions of the Constitation shall be enforceable exclusively in the Qainaall 1 rit3al Court and in the Fedural Courts of the United States where ptvvidad by federal law, and shall not be enforceable in any other court, except wnere the Quinault i rine Ohngs suit in its own name in any other Court. This suction shall not be interpreted as a consent to suit or waiver of sovereign immunity by the Quinaah Indian Nation. ARTICLE IX -APPROVAL OF SECRETARY OF INTERIOR i Ile secretary ofthe Interior shall have the power to review autiun;5 taken puruant tz. thu herein named pawns and all other National powers, but only in those cases and only Lo the extent that the Secretary has been given unch pm,.ura cf rzvicvv by uxpreas statutory command c;f tha Cuingress of the United States. ADOPTED MARCH 22. 1975 Exhibit C l�itle 485 Land Use and Development Code Quinault Indian Nation POS„ o"iCE EOn 1 B9 C TAHOLAH, WASHINGTON 98587 0 TELEPHONE 1360) 276 - a211 U IN A U LT B U SIN ESS COMMITTEE RESOLUTION fNu. 13 -6�� qz WHEREAS_ the Quinault ousiness Committee i3 the recognized gove...ing body of Lhe Quinault India. Nation u..der the allLhuriLy of the Quinauh Indian Nation's Constitution adorted b, the Quinault General Council on March 22"d , 1975; and WHEmzA-5, ine Constitution (Art. V, Section 2) of the QuinaulL Indian Nation authorize, the Quinaul. Business CommiLLee to enact laws for the welfare of the ivation as Ion., a,i Fublic hearings are conuuctea oma. said laws; and WHEREAS, the ousine.s Committee conducted public hearings as required by the QuinaulL Indian Nation ConstitUdon on amendments to Tide 48 on May 13`d 20 11 in t anotan, on June bd' 2013 in Queets_ and on rune Wh 2013 in Tahulah. tyCw t HEREFORE, BE IT RESOLVED, that the Quinauh Business Cwttltlittee hereby approves and amends Title 48, section 4.0:070 to read as fullvws: 48.45.70 ►v Special Temporary Retail Via) i emporary retail uses, :ti.l.,ding 6tcwurks s.a..ds, food and souvenir concessions shall be permiaed uses subject to the fallowing conditions. rersons wisnii-., to establish as aFecial temt,or, retail ,.se shall apply to the Planning DeparuuenL fur a special Letnpurary retail use permit. The application shall include the name of the :endur(3) and lando,m..er(3) a,.d shall be si&.ed by tach. The application shall also include a map showing the location of the temporary retail use and shaft identiry the pruducts wr ich will be sold. The Ping Department .e3erves the right to exempt special temporary retail uses from this permit requirement for traditional ur cultural s tb) The Planning Department shall review the application Lo determine whether the applicat;un is complete and whether or not the proposeu use will cause a traffic or other safety hazara aue to its location. If the application is incomplete or the Planning Department finds that the location of the proposed use will create a traffic or 3aret, hazard the rermit shall be denied. Persons der.;cd as permit ...ay appeal LV the BusiLtcss Comt,tiLLee which shall hear the appeal aL iLs next regularly scheduled meeting. (c) The setback requirements of this Title are waiv%d for these Special temporary uses. (d) Table t of rite zoning T;t[c is amended to include Special Let.tporary retail as a peunitted ust: Subject LU the p,uvisions of 48.05.070 in all zones within the Reservation. THEREFORE BE IT FURTHER RESOLVED, that these aimudmenus replace ,ection 48.05.070 in ies entirely. amending the prior Title 48 adopted on Au,,ust 13°1, 2012 b, Resi-,l.tiva Nu. 12- 94-91, avid will t)e emcti Ye as of the daLC of execuuou of this Resuludun. Fawn Sh=F-, P.,sReent Quinault Indian Nation CERTIFICATION AS SECRETARY OF THE QUINAUL i mUSINESS COMMITTEE, I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION WAS DUL PNACTED BY THE QUINAgT BUSINESS COmmi i i = ulv THE �� _ DAY OF I BY A VOTE OF 0 FOx, AGAINST, AND �n ABSTAINING. ( Aptps-�-A '-tafusha Underwood, Secretary Quinault Buaiuess C:,,,unittee RESOLUTION NO. r,-5 qZ QUINAULT BUSINESS COMMITTEE . Fawn R. Sharp, Presidem '77 Andrew C. Mail, Vice -President tosha L. Underwood, Secreta.—.y Lawrence R. Ralston_ Treasurer Tyson Joh son, I" Councilman SIGN OFF SHEET rvn x .101'u t ION NO.a:7 zg; 41 L Donald E. Waugh Jr., r Councilman Richard L. Underwood, 4 Councilman U I Qu." tna . James; 5 o ncilwoman AALL �1 Clarinda Underwood, 6 Councilwoman Rowland Mason, 7' Councilman .:L . p5 James N. Sellers, 2° Councilman Dim (D WWYY) Quinault Indian Natio" tMOKCE aox tM d TAMOLM. WMWMMTM Ma? 0 TEL0"0W M 275 - 8Z11 QUrNAULI BUSINESS uummi-1-rEE MtbULU 1*1014 No. Lz- qq -�j 1 WHEREAS, the quinault Bain.. C;-.mmi.tee is the recogniaud governing body of the Quittault Indian Nation under the authority of the Quinault Indian Nation's Constimtion nuoprea by the Quinault Ceneral Council on march z2n4, 19 »; and WHEREAS, the Consdiudon (Art. V, Section 2) of the Quinault Indian Nation authorizes the Quinauli Business Commiuee io met laws Ta- M welrare of ttte Natioi-i as tong as Imblic hea. Mb-, ..e ...,ni3eeted or �.:a is —r. anel WHEREAS, the Business Couuniuee conducted public hearings as requires by the vuinault rnoian rvation Constitution on ameMmgents to Title ffa o;-. jzne 25,1012 in th- Village of Taholah and August 13, 2012 in the Village of qucets; and MUw r rxe,mzrv1qX, ne. it rcr avr.vr iP, (I'Mi the ttuinauit tsusiness Comminee hereby approves and amends 48.03.020 to read as follows: (a) r acre I, ncmb, crea[M a rurnniwsCom.i.:.s�n f..F, the quin.slt Indian Nation: which shall consist of up to five (5) voting members who shall be appointed by the Baaium Cazmmluem jbI M;;mb;:rs shall consist of re,,.—ntati:e cross-section of people; and THEREFORE BE IT FURTHER RESOLVED, thew amendments only replace sections 3;a.75.3.0zv(a) anda.G3.irLutD) in their eniitzty, partially amentfing ate prior t itie 48 adopted un July 25, 2011 by Resolutim; No. I 1-105-90, and will be a 8.5 of the date of execution of this Resolution, iK. Fawn R. S arp. President Quinauli Indian Nation CERTIFICATION its secretary of ute qruinautt Business Committee, t llereby certify thai the foregoing resolution was duly enacted 6y tn-uinault nos.ness Committee on tnc I s"" My or August 2012, by a vote of 'T for,__0 agait.t. _ Ze abstaining. tUnd.,...00d, Secreta,, Quinauli Indian Nation rage t of I TITLE 48 LA114L USE AND DEVELOPMENT CODE 48.01 A.thority, Purpose, Scope. 48.01.010 Authority. (a) Notwithstanding the issuance of any patent_ the jurisdiction and governmental power of the yuinaun intlian ivar.'on shall extend to: (i) all lands, resources and wa reserved to the Quinault Nation pursuant to the Treaty of Olympia= 12 Stat. y i i, estaotisnetl by Exo.utive Order dated November 4, 1873 (I Kapp. 923) and to all persons acting within the boundaries of these reserved lands or waters- (ii) all lands or waters neltl b, the United States in trust or re3crved by the Quinault Nation for the use and benefit of any usember of the Quinault Tribe when such lands or waters are not within the boundaries of an established Indian Reservation; and (iii) all members of the Quinault Nation while such members are witnin me boundaries Orin. United States of America. (quinault Indian Nation Constitution, At ticle I, Section 1). By solemn treaty with the Quinault Nation proclaimed oy rresille.-.t J..mes Buchanan on April 11, 1859, 12 Stat. 971, the United States agreed to establish a reservation for the Quinault Nation and promised that, -'no wnite man shall be pen,titted to reside thereon without permission of the tribe and of the superintendent of Indian Affairs or the Indian Agent." (b) B, Executive Order of Nu,ember 4, 1873, 1 Kapp. 923, President Ulysses S. Grant, in compliance with the treaty, established the Quinault reservation at its present locution, within the area where the Quinault Indiart, had lived since time immemorial: In accordance with the provisions of the treat, ..:in mc yuinaielt and yuillehute Indians, concluded July 1, 1855, and January 25, 1856 (Stats. at Large. vol. 12= p. 971), and to provide for otner intlians in that locality, it is hereby ordered that the following tract of country in Washington Territory (which tract includes the reserve selected by w. w. Miller, superintendent of Indian affairs for Washington Territory, and surveyed by A. C. Smith, under contract of September 15, t 8v t be withurawn from s-1. and set apart for the use of the quinaielt, quillehute, Hoh, Quite, and other uibes of fish -eating Indians on the Pacific coast- viz: Commencing on the Pacific coast at the souinwest corner or me present reservation, as established by Mr. Smith in his survey under contract with Superintendent Miller, dated September 16, 1861: thence due east, and with the line of said survey, 5 miles to the southeast corner of said reserve thus established; thence in a direct line to the most southerly end of Quinaielt Lake- thence northerly around the east shore of said lake t„ the northwest point thereof; thence in a direct line to a point a half mile north of the Queeishee River and 3 miles above its mouth; thence wim the course or said river to a point on the Pacific coast, at low-water mark, a half mile above the mouth of said river: thence southerly, at low-water marK; along the Pacific to the place of beginning. Pursuant to the Quinault Indian Nation Constitution and applicable federal law, this Title asserts Hpproved by tars% resolution i tz3t i:) land use and other civil regulatory authority over aii persons and lands within the zw.rior nu....dari-s uf the Quinault Indian Rese, vation, over land held in trust for the Nation or its enrolled members outsiac the exterior boundaries of the Reservation, and over all enrolled Quinault Indian Nation members on lands outside of the exterior bounuaries of the Reservation. 48.01.020 Purpose. The purpose of this i isle i. to exercise the rignt of the Quinault Indian Nation and its members to make its own laws and be ruled by them and to exercise the treaty rignt of self-rovelausent guarantewd the Vuinault Indian Nation by the Treaty of OIympia, 12 Stat. 971. The goal of this Title is to maintain the Quinault Indian reservation and ensure the t,olitical inte&.;ty, economic security, and health and welfare of the members of the Quinault Indian Nation. This Title shall be interpreted so as to implement this goat so to..b as all t,ersons subject tu this Title are r,.,aranteed due process of law and the equal protection of the laws of the Quinault Indian Nation and the United Mates of Americ- The specific objectives to be implemented by this Title are listed below: (a) To ensure an ecologically balanced environment that is compatible with the desired lifestyle of Reservation residents. (b) To provide adequate community facilities; roao5 ....a utilities, thereby t,romoting the health, safety zmd general welfare of Reservation residents. (c) To establish a desirable pattern of tans uses. (d) To provide development standards flexible enough to stimulate creativity and variation wnhe maintaining sutire:e..t control to achieve the objectives of this Title. (e) To encourage the grouping of uses that are functionally and aesthetically compatibie. 48.02 Definitions. soannonea means a structure that is discontinued or not used for a continuous period of six (6) months. Accessory means a structure or use that is not used for human haoitation anu: t- t is subordinate in area, extent, and purpose to the principal use; (2) contributes to the cvmfott, convenience_ or necessity of the principal use_ and (3) is located on the same tot anti :n tn� �.,...e moo.—,:..b district as the r,rinci.al use. Anvune :...Facts means nerative consequence for the physical, social, natural or economic environment resulting from an action or project. Area of special flood hazard means the land in the flood plain within a community subject it, a one r,ercent a,r &eater chance of flooding in any given year. Designation on maps always includes the letters A or V. yt this time the areas of 35peciat riooa rtazara ha..e not been specifically identified. When the Federal Insurance Administration has identified Areas of Special Flood nazard in a scientific ana engineerinr, retort entitled "The Flood Insurance Study for the Quinault Indian Nation", the repot with accompanying Flood Insurance Maps will Approved by QBC Resolution 1126/15 hereby be adopted by reference and declared to be a part of this Title. The Flood Insurance Stud, wall by un We at the Planning Department Artificial wetland means wetlands created from non -wetland sites thro--gn puroseful, lerally authorizes numan action, such as irrigation and drainage ditches, grass-Iined swales_ canals, detention facilities, wastewater treatment facilities: anti ia..us.at,e amenit;r.. Base Flood means the flood having a one percent chance of beinr, equaled or exceeded in any r,;ven year. Also referred to as the "100 -year flood." Designation on maps always inctua;s the letters i-. or v. Base Flood Elevation means the computed elevation to which flooawate.:s anticipated to rise during the base flood. easement means any area of the building having its floor subgrade (below ground lever on all sides. Beach means the land between the ordina�y hign tide line and extreme low tide line. Bunning M. means the act of asse..,blinr, materials into a structure with walls and a roof. nuilding (n). means a built or created walled and roofed structure. Building Inspector means the person(s) authorized by the Quinault Indian Nation to perform the duties and responsibilities of a rseitain., official or officer as defined by the accepted Quinault Indian Nation Building Code. Business Committee means the governing body of the Quinault Nation as defined in Article IV of the yuinault Constitution. Commercial (minor) means the provision of goods or services for compensation from a building with a gross floor area of not mors: than 1,800 ayu & feet and lean thzm four employees on the premises. Commercial (major) means the provision of goods or services for compensar.'o..tta... Da.M i.5 with a gross floor area of in -T. 1,800 square feet and more than four employees on :he premises. Commission means the Quinault Planning Commission. Construction and construction activities means any building, construction, renovation, mining, extraction, dreagin,,, fillinr, excavation, ur drilling activity or operation; any material change in the use or appearance of any structure or in the land itself the division of lana into p_.els: any chane in the intensity or use of land, such as an increase in the number of dwelling units in a structure or a change to a commercial or industrial use atom a Less intcnsi.e use; any activity that alters a shore, beach, seacoast, river, stream, lake, pond, canal, marsh, dune area- woodlands, Approved by qBC Resolution 1126115 wetland, endangered species habitat. aquifer or other resource area; including coastal construction or other activity. Critical facility means a facility for which even a slight chance of nooainr, misht be too great. Critical facilities include, but a -.e not limited to schu�ls, nursing homes_ hospitals police, fire and emergency response installations, installations that paoducc, use ur store hazardous materials or hazardous waste. Department means the Quinault Plarnting Department. Development means any human -caused material change in the use or appearance of any structure or in the iana itself. Development includes: subdivision of land; construction of structures, meads, utilities. and other facilities; installation of s. ptic systems; grading; deposit of refuse, debris, or fill material3; and clearing of natural vegetative cover (with the exception of agricultural activities), including within the area of special flood hazard. Routine repair and maintenance activities are exempted. Dune means a mound or ridge of loose sediments, usually sand-sizea, t,:. -.t; landward of the beach, and deposhea oy natural or artificial means. uwetuu& Wna a-,ellin� unit means a building or part of a building or sttUcture containing living, sleeping_ and sanitary facilities for occupancy. Elder - see "Tribal Elder.' - r toots or nooffing means a 6en7,al and temporary condition of partial or complete inundation of normally dry land areas from: (l) The overflow of inland or tidal waters anal.. (2) The unusual and rapid accumulation of runoff of surface waters from any source. Flood insurance rate map (FIRM) means an official map of a community, on wnicn the Federal insurance Ha...inistration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study means the official report provided by the Federal insurance Administration that includes nova p.ofaes, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. Floodplain Administrator is an individual employed by the Quinault Indian Nation who administers section zfa.0a, Flood Hazard Reduction, of this Title. r iooa—.ay means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood witnout `umulati.el, i.mewinr the water surface elevation more than one foot. Approved by qBC Resolution 1 x26/15 4 Home-based business means the utilization of a residential dwelling, accessory building, and/or property, to provide a service, produce a product; sell merwhandise, Zr otherwise engage in a lawful activity for the pursuit of remuneration; excluding the sale of the property and its improvements, garage sales; fireworx3, and infrequent sale of per$onal merenandise consistent with use of the property solely as a residence. Industrial means of, relating tu, concerning. or arising from the assemwinb; fabrication, finishing, manufacturing, packaainr, or processing of goods, or mineral extraction. j.owest floor memis the lowest floor of the lowest enclosed area (including basement. An unfinished or flood resistant enclosure, usame solei, for parkin of vehicles, building access or storar,e, in an area other than a basement area, is not considered a buildings lowest five., provided that such enclosure is not ouin o as to render the structure in violation of the applicable non-elevation design requirements of this Title found in section ZF5.015. Manufactured Home means a suucture that is manufactured in one or more sections at a location other tna., the site by assembly line-type production techniques or by other construction methods unique to an off-site manufacturing process antl towed to the cite on its own chassis or by any other alternative means. Every section shall bear a label certifying that it is built in compliance with the National manufactu.ed Home Construction and Safety Standards. For floodplain management purposes, the term "manufactured home" also inciuuez; . ccreational vehicles. ror insurance purposes, the t.,.,,. "manufactured home" does not include recreational vehicles. Manufactured home park or subdivision -means a parcel for contib,.ous parcels) of land ai iced into two or more manufactured home lots for rent orale. Marine Bluffs means coastal features that resulted from wave erosion undercutting nFlands located contiguous to the shoreline, creatins vertical cliffs that are an important source of sediment for cuastal drift processes and/or the landforms create[[ Dy thaw processes. Mill means facility for manufacturing; including a saw mill and shake mill. Mobile Home means a transportable structure saitunle tv;, yv_-pound occupancy and havinb water; etcetrical, sewage connections and not less than 32 feet in length. motor no...w mans a self-contained portable structure with no exterior sewer, water or electrical connections_ designed for occupancy and constructet[ as an int...ul part of a self- propeneo :cn.cie used as a tempo.y dwelling for travel, recreational, and vacation uses. Natural Resource Activities means any activity conducted on or directly pertaining to forest lands- tidelands. rivers_ lakes, springs, streams, stougns, ponds, voundwater, wetlands, marshes and any other body of water, including but not limited to: (I) Road and u ail consu action Cz) rtarvestin,5, final and intermediate Approved by QBC Resolution 1126115 5 t3) Pre -commercial thirming (4) ReforesiaLion (5) Fertilization (d) rrevention and surrrz5sion of disease and haect da,ttage (7) Salvage of trees and down logs ka) Brush cuntrul (9) Gravel and mineral ex[raction IU)Anyactivity with the potential to effect tidelands_ rivers- lakes, springs, st.Wams, sloughs, ponds; grounuw-ter, wetlm,ds, marshes and any other body of water Nen-Conforming use mea; -.s the use :.f a building, structure or parcel of land that does not conform to the regulations of the zone in which it is located or a --s. which lawfully occupied a building or t. -;-cel of land at the th,.c this Title became effective and which does not conform with the use regulations of the zone in which it is located. Office means a room or group of rooms usca for conducting the affairs of a business, profession, service industry, or government. Open Space means land and/or water areas retained for use as active or .a. mi -. e recreation areas or for resource Protection in an essentially undeveloped state. Planned Unit Development means an area of land developed as a single unit for a number of buildings or a number of uses that avows concentration of buildings in a specific area on the site to allow the re,ttaining area to be used for open space or preservation of aensitivc H. eas. Planning Commission means the Quinault Planning Commission. Potable means water suitable for human consump[lon or h --man contact. Principal Structure or Use means the singtc t.rimmy structure or use on a lot, as distinguished from accessory uses or structure. Public Build6ag Means a su acture principally of an institutional nature ana servinb a Public need, sucn .--- cil..avnco, nosFit.ls, schools, libraries, museums, post offices, police and fire stations, public utilities, and other public services- but not including the operation or- t,unuc restaurant, or recreational racnity Wzi commercial enterprise. Recreational venicte means a-enicic that is: (1) built on a single cnass:s: (2) 400 square feet or less when measured at the largest horizontal projection; k.j) aes:,,,..ed to be self-Prorelled or permanently towable by a light-duty truck; and designed primarily not far use as a permanent aweuing out as a temj or.y living quarters for recreational, camping, travel or seasonal use. Approved by QBC Resolution 1126.15 Resource Extraction means the extraction of minerals, includi„g solids, such as coal and ores; liq.ids, such as crude petroleum; and gases- such as natural gases. The term also includes quarrying; well operation- millinb, such as crushing, screening, washing and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity. Setback means the required distance betwec.. eves, structure and the lot lines of the lot on which it is located. Single -Family ,,,Gans a single person or two or more persons rcizaW to each other by blood, marriage; or legal aaoption livin5 tobether as a single housekeeping unit; or a group of not more than five persons who need not be related by blood, marriage; o! lebai adoption, living together as a single nousuKeepinb unit and occupying a single dwelling unit. site r,an means u detailed drawing, to scale, including but not limited to the location ana relationship of the structures, streets, arive..u,�, recreation areas, parking areas, utilities, landscape features, existing and proposed grading- walkways, lot lines ana otner site development information as related to a proposed development. spot-z<onmb means a change in zoning of a lot or parcel to benef t an owner for a use incompatible with surrounding uses and not in rurutu.ance of public interest or comprehensive plan. Start of construction means the date the building permit was issued; proviuca the actual start of construction, repair; reconstruction, placement or other improvement was within one hundred and eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings= the installation of piles, the construction of columns; as an, work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as etearinb, b.adinb and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement; footings, piss, or foundations or the erection of tat„por.— , f,,,&4a; nor dues it include the installation on the property of accessory buildings, such as garages or sheds not accupiea as a..vilinb units or not part of the main structure. Substantia, aamage means aamase of an, oribin sustained by a structure whereby the cosi of restoring the structure to its before -damaged condition would equal or exceed nn, (50) percent of the market value of the structure before the damabe occurred. Substanda, improvement mea.., w., repair, reconstruction, or improvement of a suuc=e, the cost of which equals or exceeds fifty (50) percent of the market value of the structW.e either: (l) before the stare of construction of improvement or repa:., or t2) if the structure has beun damaged and is being restored, before the damage occurred. For the purposes of this definition "suostantiai improvement” is considered to occur when the first alteration of any wall, ceiling_ floor- or other structural pan of the Approved by VBC Resolution 1/26'15 oAdin,, c7,mmence3, whether or not that UlLeration affects the external uimensions of the btructure. The term does not, however, include either: t t any protect for imyrzvement of a structure to correct existing violations of state or local health_ sanitary, or safety code specirte..tions which have been identified by the local code enforcement official and whish are the minimum necessary to assure safe living conditions. or (z) any alteration of a "historic su uctute_" provided that the alteration will not t.reclude the structure's continuea desi&.atiun as a "historic structure." Temporary use means a use for a fixed period of time, with the intent to discontinue such use upon the expiration of such time. which does not invave the construction or alteration of any permanent structure. i ravel Trailer means a self-contained pot table structure with no exterior sewer, watt', or electrical connections, built on a enassis used a3 a temporary dwelling for travel, recreational, and vacation uses. Tribal Elder means a person enrolled in a federalty-recob,.ized Indian Tribe who is fifty-five (») ,cars of asu ur older. Wetland means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to su,,tort, and that under normal circumstances do suppot t_ a prevalence of vegetation typically adapted for life in saturated soil conditions. wetlands generally include swam,,s, marshes, bobs, and similar area,. 4MIJ Administration. 48.03.010 quinault Planning Department. There is established a Quinauh Planning Department to administer this t hue anu me yuinault Comprehensive rlan. t ne liepartm�nt ii-.ei--aes employees and contractors of the Na►ion with ent,ertise in land use, zoning, and building who work with and provide technical and adminisuative support to the Commission in admi-..:.terinr, and enforcinr, this Title. Among the Mair.3 or -the Det,artment related to administering this Title are: (a) determining the completeness of applicadons and adequacy of submissions TO. <..ti ities authorized by this Title; (b) reviewing _FFlieations submitted for activities authorized by this Title and recommending actions by the Commisbion_ (c) submitting a proposed annual oedeet for the Derartment for considetatiou and vFj,roval by the Business Committee (d) conducting bite visits to ensure compliance with the provisions of this i ide; ted xeuppinb records of all applications and supporting documentation, and all decisions and permits issued: and (f) recommending regulations for auor.tion by the rlanning Ca.,mission cons,3tent with and to implement the provisionz Uf this Title' (g) preparing an annual repott to the Gcneral Council of Planning vepartme..t ..`tip ities for aFFroval by the riannine, Commission, (h) �eforcing the ptuvisiuns of this Title and regulations adopted pursuant Approved by QBC Resoluthon 1/26/15 8 to it in accordance .7, ith the provision3 uf this Title; and (i) taking whatever actions are necessa., c01151stent with this Title. 48.03.020 %jumaun ria....:nr, Commission. (a) There is hereby createu a Plannine Commi3sion for the Quinault Indian Nation. which shall consist of up to five (5) voting members who shall be appointed b, the Busine3s Committee. tb) members snall consist of a representative cross-section of people. (c) The members shall be selected without respect to political affiliation and shall Serve without compensation except for approved expenses. (d) One member shall be a liaison to the isusiness Committee. 48.03.9.30 1 erm of Office and Voting. ta) Appointed members shall serve a period of three (3) years. Vacancies shall be filled Dy appointments for the remainder of unexpired terms only. Members may be reappointed by the Business Committee when their testas expire. (b) A quorum for a rlanning Corn.--;ssion meetins shall be three (3) voting members. 45.0J.0ZE0 Removal from Office. should any votine member uf the Plaiting Commission have three (3) unexcused absences from regular, consecutive meetings, the rlanning Commission may so inform Business Committee and request removal of this member and appointment of his/her successor. 48.03.050 Procedures; Meetings; Bylaws. The Commission snan clt:-t its own Chairperson Vice -Chairperson, and may elect other officers as it deems necessary. The Commission shall hold at least one (i) i-cr, .lar meetiur each month. meetings shall be open to the public. It shall adopt bylaws for transaction of business and shall keep a written record of its meetings, resolutions, tra..sa.tions, findittbs and determinations. 48.03.060 meports to nusiness Committee. The Planning Commission shall repot at least quarterly to the Quinault i ribal nus:.,czj3 Commit- tee_ and annually to the quina=ir rjr .v.z;i Coz;..cil, at the rer..larAnnual Mceting, concerning the activities and accomplishments of the Planning Commission. 48.03.70 Planning Commission Purpose, Powers. ta) The pu.pose of the Planning Commission shall be to oversee the land use aspects of this t isle and the Comprehensive Plan as approveu o, the Busineas Committee. The Planing Cu ... Laission shall make recommendations for changes in the Comprehensive rlan, as needed, including completes review ev..y five (5) years. The Commission may make recommendations to the Business Committee for updating this title, buiM;i.b codes, and proposed land -use projects. (b) Commission powers include: Approved by QBC Resolution 1/26115 (1) Prepare a budget to be Approved by the Business Commiuee for rlanning Commission activities. (2) Review land use and development -related codes and recomme;-.d revisions to Business Committee. (3) Review Comprehensive Plan and recommend revisions to Business Committee. (4) Adopt regulations recommended by the Department consistent with and to implement the provisions of this t isle. (S) Recommend a fee schedule to Business Committee for permits authorized by tn:s Title. (6) Recommend updates to the Planning Commission Bylaws for approval by the Business Committee. (7) Recommend lot assignments/leases for approval by the Business Committee. (8) Work with Planning Department staff as budgeted by the Business Committee in carrying out its land -use responsibilities in this Title. zua.iz &oning. 48.04. 10 Official Zoning Map. (a) The Quinault Indian Reservation is hereby divided into zones as Shown on the Official Zoning Map_ which is adopted and decia.ed to be a part of this Title. The Official Zoning Map shall be dated and shall include reference to its authorizing Business Committee Resolution. (b) The Official Zoning Map, which shall be located in the Quinault Planning veparimeni omae, snap o. the final authority as to the cuuvent zoning status of the land uses allowed on the Reservation. If_ in accordance with the provisions of this t iue, cna;-.,vs are made in zone boundaries or other matter portrayed un the Official ZUttittg Map, such changes shall be entered on the Official Zoning iviap prompit, uner the amendment has been approved by the Business Committee. Planning DepaLtmeni staff shall be responsible for map updaics, the uriginals of which are to be left in the rlanninr, Department office. z1a.N.910 Bounda., Interpretation. w nere unecrtu:.-a, vniaL. — to boundaries of any zone on the Official Zoning Map, the following rules shall apply: (a) Zonal boundary lines are intended, and should be construed- to follow lot lines, center lines of streets aha atteys, n:gn—a,., and rights -of --way, the ordin�y hibh water mark of lakes, ponds and water courses, and the ordinary high fide line. tb) Where zonal boundaries cross .iopert, that is not subdivided into lots, and other provisions herein are not applicable, the location of such boundary line shall be determined by use of the scale or the Official Zonius Map. (c) Where boundaries are depicted by topographic variation, the top of the slope as :aendnea on the Official Zoning Map will be the division line, which may divide large Single ownership parcels. Approved by QBC Resolution 1/26/15 10 48.05 Zoneb. 48.05.010 Resitlentiai cone (R) (a) In the Residential cone, no uses and structures shall be permitted unless for residential purposes ur accessory to a residential use, which includes mixes uses of civic and public uses and home-oased businesses. For the purpose of this Tile, schouls_ churches, cemeteries; public buildings and their land uses; apartment houses, and other multiple dwellings are classified µs residential uses. Small shops with a maximum size of tzRQ square reset are a conditional use in the tcesidendat cone; Provided that, they do not constitute a nuisance to contiguous residential property. Home-based businesses are permittable uses in the ,residential cone; Pro.ided that they do nut constitute a nuisance under applicable Quinault Tribal Code. (b) aay one ti) si&, meant for viewing from outside the shop is permitted. Such a sign shall ae located to conform to the setback requiremeas for building in the Residential Zone, shall not exceed three (3} square feet in size, and shall be in keeping with the resiaentiat onaracter of the neighborhood. signs m.., be Permitted as a conditional use in the Residential Zone upon submission of a signage plan_ which shall include a detahea aeserirtion of the location, size; heignt, ana content of the Proposed sign. (c) Septic tanks shall not be used in areas with densities exceedin5 one (1) unit per acre and ureas with soils inappropriate for septic systems. The purpose of this zone is to prov:tie single family tracts of rauti square feet ...inimum lot size when lots are served by community sewar,e systems and a rural type development with a minimum lot size of one (t) acre ,when lots are served by septic tante o! other individual systems. All uses and setbacks shall conform to Table 1 and 48.06.020. (d) PIanned unit uevetol ments ma, he permitted to allow a modification of the application of the setback and site development requirements of this i ine to encourase flexibility in design ana ae.etopment of land that results in a mote efficient and aesthetic use of land. 48.05.020 Commercial Zone (C) The purpose of this zone is to provide an open commercial zone for commercial tigni industrial activities from gas stations anti sePermarkets to warehousing, home-based businesses, and light manufacturing. All uses and setbacks shall conform to Table t and nus.66.UzU. re....aoa w. r.3 include, but are not limited to, home -m --ca businesses, &ocerT stores, drug stores, self-service laundries, beneral retail and specialty shops, banks, offices- cafes_ restaurants, motets, appropriate entertainment and recreation iachitivs, Parks and boat launchings, public buildings, museums, Post offices, and police and fire stations. Light auto repair, boat repair ana construction, seafood processing ana mert;nandisinb, arts and crafts and marinas are also classified as commercial activities. Home-based businesses are permutable uses in the Commercial Zone; provided trial ine, do not constitute a nuism.ce under applicable Quinault Tribal Code. Signs shall not obstruct visibility of drivers or pedestrians and snail ..ot Protect over or onto ine Punlio right-of-wa,. Maximum permitted size of signs is sixty (60) square feet. Exterior lighting shall be arranged so that it is deflected away from z. --.d does not cause Blare or anno,ance to conti6uous Property or passing street traffic. Approved b, yBC Resolution 1126115 11 48.05.030 Industrial Zone (I) The purpose of the Industrial Zone is to Provide an exclusive zone for industrial activities that have limited noxious emissions in fumes, p—niculate matter, waste water, .,oisc or vibrations. Land uses particularly approP�:ate for this zone include, but are not limited to: light manufac- turing involving shake trills, the assembly of small machinctl Parts, research activities and warehousing. utner land u3cs Permitted include log transfers, heavy equipment maintenance; saw mill and other timber product processing. nesitiential and commercial uses are excluded from this zone, but office facilities of all types are pe,utitted. All uses and setbacks sh-ll conform to Table 1 and 48.05.U20 - 48.9a.949 rorest- Zone (Fj tat i ne pu.Pose of the Forestry Zrne is to allow forestry management and its related activities. (b) In the Forestry Zone, no uses and structures shall be Permitted unless for forestry uses. For the Pu.Pose of this Title, owner's residences and residences of labor employea in the inaustry are classified as forestry uses anti shall be Permitted in the Forestry Zone. Saw and shake mills are conditional uses. All uses and setbacks shall conform with i antes r and 48.06.020. 48.05.050 Forestry and Industrial Buffer zone (a) Forest,y and industrial uses may have significant impacts at some distance from the actual site where the u3e occurs. In order to conttol such impacts, buffer zones are hereoy es- tablished along the zone bountiaries inside of the Forestry and Industrial Zones. The minimum width of the buffer st,ips shall be 300 feet. Wider strips may be uc�;'&.ated where terrain or other conti:rans increase the distance of potential impacts. (b) All forestry and industrial uses within the buffer strips are cozairional uses. Permit appli- cations must indi.ate an,, Possible adverse impacts or permitted uses in the neighboring zones and what steps will be taken to minimize mem. i ne Planninr, Commission will approves forest.,, and industrial uses in the buffer strips only whets assured there will be no significant adverse impacts on permitted uses in otner zones. 48.05.060 vrilRerness zones two (a) The purpose of the Wilderness cone is to .stain the natural environment. Individual resi- dences are a conditional use in the Wilderness Zone. No individual residence shall be permitted without full compliance with appticaot. trin.i st..ndards and individual approval by Me k&inault Business Committee. The Quinault Planning Commission shall establish standards for building in the Wilderness zone. aeiecti.. lorr,;r%, where conditions are arrrOFriate, are conditional uses in the Wilderness Zone, provided that the aesthetic and wilderness values of the site can be maintained. The tribal Forestry Department shall make recommendations for each site concerning the appropriateness of the proposed operations and conditions to oe impos.d to ensure the wilderness values are maintained. The Quinault Planning Commission shall establish minimum standards for conditional use. (o) Intiividual campAtes shall be a conditional use in the Wilderness Zone. No campsite shall be used for overnight camping until the requirements of use Sanitation Title have been met. Approved by yvC tc.sol-ation 1I_6l l 5 12 H..y campsite upon which a fire is to be built shall have prior approval or Inc ForestrT Division of the Quinault Department or tvatural Resu..rces and Economic Development. The tluinault Planning Commission shall establish minimum standards for tn:s conditio.,al use. No subdivision or plat shad oe approved within the boundaries of the Wilderness Zone. z;8.95.70rO SrecialTemporauRetail fat rrom June 17th of each year through and including July 10th of the same year; temporary tetail uses, including fireworks sianas; food and souvenir concessiu«s shall be permined uses in the Commercial and Foresu y zones_ and shall be permitted uses in the Residential Zone with the consent or ati oonti�,.ous property owners subject to the following conditions. Persons wishing to establish a special temporary retail use shall apply to the Planning uepartma.a for a special temporary retail use putnttit. The application shall include the name of the vendor(s) and landowner(s) and shall oe si15..cd by each. The application shall also include a map showing the location of the temporary retail use and shall identify the proaucts which will be sold. For uses in the tcesidential Zone, the application shall also include the written consent of all contiguous propel Ly owners to the proposed use. (b) The Planning uepan...cnt shall review the application to determine whether the application is complete and whether or not the proposed use will cause a trar%c or other safety hazard due to its to.ation. If the applicatian is incomplete or the Planning Department finds that the location of the proposed use will create a traffic or safety hazard the permit shall bu denied. rersons dc.,ied a permit may appeal to the Business Committee which shall hear the appeal at its next regularly scheduled meeting. tc) The setback requirements of this Title are waived for these special temporary uses. i ne use shall be subject to all other provisions of tribal law including the Business License Title and regulations and tribal health requirements. �d) Table i of the zoning Title is amended to include special temporary etail as a permitted use subject to the provisions of 48.05.070 in the Forestry; Comme..iai and Residential zones. 48.05.080 Re -zoning. Rezoning may be recommended by the rtannil.b Commission to the Business Committee when a situation cannot be responded to by a variance or conditional use. A rezone shall not be considered for any parcel when such a rezoric cam vnstitute spot zoninb. The following procedures apply for re -zoning: (a) A person may apply for a re -zone by submitting a ae-zone application describing the nature or th. re -zone requested and the applicable filing fee. (b) The Planning Department will schedule a public hearine before the Planning Commission w;thin sixty (60) days of receipt of a complete application and applicable fee. The tribal legal staff shall outline legal guiaetines as requested by the Department or Planning Commission prior to the public hearing. ict Notice of the nature, t:...e and place z;f the hearing will be published in the Nugguam and posted prominently around the Reservation by the Planning uepanment at least ten (10) Dusiness days in advance of the hearing. Notice of the nature, time and place of the hearing Approved by QBC Resolution 1126115 13 will be mailed certified, return receipt requested. or hand delivered by the Planninr Department to owners, lessees. and hold�9a i;f legal interests in contiguous lots and at least ten (10) business days in advance of the hearing. (ti) Applicant or his/her representative must attend the hearing before the Planning Commission to present the re -zoning application anti answer questions concerning the pruposed to -zone. te) Any persons may attend the huuing before the Planning Commission anti p.o.:tie any testimony relevant to the e-zonine application. (t) After closing the public hearing the Quinault Planning Commission may take action on the request or appt:cation or table it for further study or information and further hearing. The action or recommendation must be in the form of a ,..otion irnd indicate whether it is to deny, approve; or approve with conditions. The motion must also include the findings that enaoleti the Quinauh Planning Commission to reach the decision, and conclusions. The Quinault Planning Cummission can adopt the recommended findings and conclusions paepared by staff or amend me recom..,ended findings and conclusions. (g) The Planning Commission will make its final decision within ten (10) business days uf the nnal hwarin,, and will mail certified, return receipt requested, or hand deliver the final written order of the Planting Commission to the applicant .:tnin ten t10) business days of the final hearing. (h) Appeal of an unfavorable decision in... bG made by any person aggrieved by the final written order and must be made to the Business Committee within ten l t 0) business trays of the applicant's receipt or-inc final written order. The decision of the Business Committee is final and not appealable. Z01 -1114i, ivn i xiCT USE -TABLE I KESIDENTIAL ACTIVITIES Approved by QBC resolution t llt4/ 13 14 RESIDENTIA COMMERCIA INDUSTRIA FORESTR WILDERNES L L L Y S _ Single Family P P P C Residential Apartment, Townhous e, Multi- C C Family Dwellings Home Occupation C P P s Weekend Cabins C Mobile Home PD Parks Nursing & Retirement C P Homes Approved by QBC resolution t llt4/ 13 14 LEGEND: P PERMITTED USES PD = PLANNr-u umi uEVELOPMENT C = CONDITIONAL USE A = ACCESSORY USE AFFroved by qBC Resolution 1,126/15 15 rnKANAPOrtet _r.. .,c .7 -r -1s r .• -A. - -� �+.+V+Y 1 - YVilLlli4L4f RESIDEN i iP► r-UmMERCIA INDUSTRIA FORESTR WILDERNES L L L Y S Auto & rsoat runs P tilules Auto & Boat P P repair G.m . Au Lo Service P P Station Bank & Lending P Institutions uay P P N; -.cries Drive -In Businesses r W..vKc P Sho Drug SLores P r lariats P Grocery P stores Hardware Stores P Hotels at P Metal. Kennels, Commercia 1 A r P Marinas P r ivieaical r P A Clinics Laeascaj,in P P & Floral Offices rL+ P A Tern ,.,rare Re►ail P r speciai lrri{!k/Vll.l, P P P P Retail Real Estaie az P in. u u -ea Approved by QBC ResolUdon 1/26/15 16 Offices RESIDENTIAL COMMERCIAL INDUSTRIAL Restaurants PD P A Agricultural Taverns, L L General P Industrial, S Retail INDUSTRIAL AC i i v s l iia (Tame I- continued i rCOLIC ac SEMI-PUBLIC ACTIVITIES (Table I - continuedl RESIDENTIAL COMMERCIAL INDUSTRIAL FORESTRY WILDERNESS Agricultural P L L L Industrial, S Camping, Heavy (HI) r P Industrial, C 1 & Public - Light (LI) Churches P P Mineral Extraction P P C Recreation Timber Harvesting A H A P C Salvaging and Courses P Relogging P P r Warehousing P Clinics P Machinery -.___.. Rental Parks, P a P Shake & Saw Recreation P r P P Mills _ P C rCOLIC ac SEMI-PUBLIC ACTIVITIES (Table I - continuedl R,r.ro -; ed by QBC Reaot.tiun 1?26.' 15 17 RESIDENTIA COMMERCIA INDUSTRIA FORESTR WILDERNES L L L Y S Camping, Commercia C C 1 & Public Churches P P Commercia 1 P C Recreation Golf Courses P Hospitals, Clinics P p A Parks, Recreation P r P P P al - Quasi- Public Bldg., PD r Non -Profit Schools P R,r.ro -; ed by QBC Reaot.tiun 1?26.' 15 17 Public Buildin s k LEGEND: P — PERMITTED USES PD PLKNNnu viva i LJC v ELOPMENT C _ CONDITIONAL USE A HF-CESSORY USE AFFroved by qBC Resolution 1 /.z6," 15 Is Cemeteries Garages, Horse Riding Stables Public Utility Installation s Radio & TV Stations & Towers Sewage Treatment Plants LEGEND: TIVITIES (Table I - continued) RESIDENTIA COMMERCIA L L P A I P A I A r -W r = PERMITTED USES PD = PLANNED UNrr uuvtrLOPMENT C CONDITIONAL USE A = ACCE33Umr ubt: ZFa.e5.lFYv Sensitive Areas. iNUUSTRIA I FORESTR I WILDERNES L Y S i ne followine lands are designated as Sensitive Areas: (a) Arem with a critiLal recharging effect on aquifers used for potame water that are Y ulnerable to coniaminadon that would affect the potability of the water. tb) Areas that because of their susceptibility to erosion, siMes, or other geological events, are not suited to siting cvrmi-ice irl, residential, or industrial development. ic) Habitat areas utilized by a federally—listed threatened or enaanger d st,ecies, and which, if altered, may harm the spec:a.. (d) Beaches, dunes, and marine bluffs. (e) Areas outside of i aholah, y-..ets and Amanda Park subject to coastal flooding hazards. The Department shall not issue a t,ermit for any prrject that may advemely affect the functions and ,values of any Sensitive Area unless the anticipated adverse affects sae mitigated such that the functions ana values of the sensitive area are preserved, restored or enhanced. The Department may require an applicant seeking a permit under the terms and provisions of this t lila io undertake mitirat;an designed to preserve, restore or enhance ecological function, and processes- and functions and values of any Sensitive Area affected by the project for which the arrlicant seeks the permit. Approved by QBC resolutio.a 116/15 19 if mitigation is r,.Yuired by the Department, the DepartmELIL shall require the applicant to LttiLigaLe the effects of the project in the fond .in,, order of prefc—�ncu: (a) Avoid the impacts altogether by nut taking certain actions or pacts of an action_ (b) Minimize the impacts by limiting the scope of the project, in a m�.u,er acceptable to the uel.artmenr, based on best available Science and using appropriate technology or best management practices; (c) Repair, restore or enhance the affected Sensitive Areas to properly functioning co..ditions; or (d) Replace, restore or enhance suostaute ecoloeical values and functions of Sensitive Areas w;th equal or higher ecological values. (e) Make payment to me Sensitive Areas Protection and Restoration Fund Z1a.0.3.iu0 Fish Sensitive Area. The avi licant shall mitigate any impacts of the proposed development on fisheries resources pursuant to a mitigation plan acceptame to the Quinault Division of Natural Resources. An applicant for a project within three hundred (300) feet of the ordinary high .. Wtar tine a surface water body, including river; 5rzam or wetland, or the top of a marine bluff shall submit a Fish S;nsitive Areas Report that is acceptable to the Quinault Department of iv -tura] Resources. The Fish sensitive Areas K.—,ort shall be t.repared by a fisheries biologist and shall contain each of the following: (a) A description of the proposed project; (b) A map of the project area and any and all Sensitive Areas and Fish Sensitive Areas witnin three hundred (-1000) feet or -the rroject area; (c) A description of all species or habitat types for which the rish :5ensir.'va Area was designatea; (d) An assessment of any impacts the project may have on in. rish Sensitive Area, species or nabitat for which it was designated; and (e) A proposal for how to mitigate adverse impacts of the,,roject on the Fish Sensitive Area. The Quinault Division of tNaturat tt.sources shall squire the applicant to mitigate the effects of the project in the following order of preference: (a) Avid the impacts altogether by not taking cet Lain actions or pms of an action; (b) Minimize the impacts by limiting th. sro,e of the project, in a manner acceptable to the Department, based on best available science and using appropriate technology or best management practices; (c) Re,,air, restore or enhance the affected shorelines and sensitive areas to properly functioning conditions: Or (d) Replace, restore ur enhance subsL;LULe ecological values and functions of shorelines or sensitive areas witn equal or higher eculu "cal values. (e) Make payment to the Sensitive Areas Protection and restoration rune Approved by QBC Resolution 1:'26:°°15 20 48.06 Site Development nequ.ruments. 48.00.010 Applicable Budding Codes. i o the ext.nt the., are not inconaiatent with the provisions of this Title or regulations at[opiea pursuant to this Title, the following Codes a.e adorted and incorporated by reference: (a) The International nuiid:n,, Code (IBC) (currently applicable version) (b) The International Plumbing Code (currently applicable version] (c) The international Mechanical Code (currently applicable version). (d) The International Fire Code (currently applicable versio..). tel i ne tvutional Electrical Code (currently applicable version). {fl The Manufactured Housing Construction anti baiet, Standards (currently applicable ersion). In the case of conflict between rvquirements of these adopted building and otnur codes and this Title. this Title ants any rib --lotions adot.ted hereunder shall apply. LF5.95.010 Addresses. All buildinbs on the Reservation shall obtain a street address approved or assigned by the Department. Address numbers shalt oe a:s,ja,ed on the front of all buildings and shall be visible from the street they face. Aprro -; ed by QBC Resolution 1,'26.' 15 -11 48.06.030 Building Setbacks. Residential Commercial Industrial Forestry Wilderness Minor Major Min. Lot Area AU sU sq.n. 1,500 sqA 20,000 sq.ft. 5 acres „ 20 acres NIA iviin. Lot rromag. 75 ft.....75 i 100 ft. 200 ft. tvdt► ivlA M.x. Bids Height —36W— 35 35 fI�� ft. N/A NIA From Mean Ground Line Min. Principal Bldg. �� I Setbacks ! r.p .t �25 fl. LL _ 20 _ I 40 ff. _ 80 ft. L14 /A N/A I Side " 10 n. lOft.NIA 50 ft. N/A N/A — Rear 25 ft. 20ft. — rVA 50 ft. I NIA N/A f i Min. Accessory Bldg.- 5etbacks { i rrom 25 ft. NIA NIA N/A i _ NIA _ _ Nln Side tu ft. ivlA NIA - N/A NIA 1.----� NIA Rear5 ft. NIA INJA rv/A I NIA NIA J Max. Lot Coverage ZF0 % _ 40 60% W 40% NIA NIA i .J i�tr-5tr��t ra.Ki..e 2 per unit �— 2 per unit 1 per 200 1 per �N/A tvly R v..bld emFloyee 45.13D.uZO Uri -greet Parkin,,. kap rill parKing areas excert single family r...drntial shall be surfaced with a minimum of two (2) inches of asphalt or four (4) inches of concrete with parKing stalls marked. Crushed rock s;..b .—.u, oc asef on a temForary basis (six (6) months). No ptns of any street, alley, public right -of --way or propel Ly with a different zone than the principal use snail Be considered a pan of .., a equired off-street Farkins. space. (b) No building permits for new consttt,ction or remodeling shall be issued for building otner than single family .es:aci-mas until a FarkinS Flan has been approved by the Planning Commission. 48.06.050 Required Public Right -of -Way. (a) Minimum standards for new street right-of-way snail o.: nfty (5U) feet for collector streets, sixty (60) feet for secondary arterials, seventy (70) feet for primary arterials and one hundred fifty (150) feet for major highways. Said standards shall be decremed only upon recommendation of the Planning Commission and approval of the Business Committee. Approved by QBC mesnlution i/zal t.D LL (b) Building setbacks shall be measured from the outside eage ofrignt-of-way. No building permit shall be issued where the requited right-of-way, as determined by this Title or modified by the Planning Commission, has not been deeded fur public ,e. E,%isting buildings shall not be rndered non- conforming due to substandard setbacks or iot size when such substantlara is the sole result of this Section. 48.06.060 Driveways No driveway shall be located within this ty (30) feet of the intersection of the property line with any traffic intersection. A single family residential nome must have at least one (1) driveway access to the site. This driveway access cannot be shared with any contiguous propeRy. Shared driveways for any other proposed development must oa indicated on the site plan and -,..,..roved by the Commission. 48.06.070 Auto Service Station Requirements. (a) The leading edge of the pump island and/or pumps canopy shall be twenty (<0) feet or more fro... uny property line. (b) Permitted building areatfloor area ratio shall be ane -nail tnc arca allowed for other uses in the respective zone. (c) Gas nations in existence at the date of a,,pro.al of this Titl%. are exempt from the requirements in this section. 48.06.080 Performance Standards for Nan -e gricuttural La. -.d -Use. (a) All emissions shall conform to or be more restrictive tnan —MV standards of the 01y ... pic Air Pollution Control Authority and other applicable local and federal agencies. (b) Any odor or glaring light from normal operation detectable beyond the property boundary is prohibited and ground vibration shall be non -perceptible (without instruments) at any point off the properly line except in ina--strial districts. These odor, light and ground vibration standards shall apply to the industrial district boundary instead of individual property lines. 48.06.090 Land Classified as Unbuildable. (a) Development of portions of properties having adverse physical and/or legal characteristics is not recommended or allowed by tnis t inc. t nusc characteristics include: 1) Land in excess of twenty-five (25) percent grade; 2) land that is characterized by a high water table or other water problems; inclutling oeing prone to flooding; 3) Bodies of water; 4} Portions of land committed to access easement including private and public road right-of-way; and,,)) rroperties or portions of properticz used by special emements or agreetneut when such agreements extend for the anticipated lifetime of the proposed development. (o) No land u3c ;hall be allowed that would constitute a hazard to human life, safety, health_ or public welfare due to fire risk; sanitation or otncr causes. Appro ed by yBC Resolution 1126/15 23 48.06.100 Planned Unit Development Standards and Criteria. (a) The purpose of this Section is to provide the opportunity for substitution or alteration of the provisions of this i itio ..hen the tluina.lt Tribe is assured of: (1) A high quality of development, functionally and aesthetically. (2) Compatibility with surrounding land uses, both existing and propuaed. (3) Thr. availability of adequate public facilities to serve the development. (d) The application may be processed in conjunction with a rezone on the same pro,,erty. (c) Density increases n-il be allowed for the uses) permitted outright in the underlying zoning districts. td) Aii other :.sues may be developed to the density allowed in the zone where the use is a permitted use. (e) i he followinb information or documents are required for submission with the request: (1) A scale drawing of the propel Ly. ti-) H map snowine details of development/pre- and post-pruj�;E;t. (3) 5 foot contours/pre- and post -project geograpnic matures. (4) PubliZ. rights-uf-way and gradients (information and graphic requirements for pre -application review and applic..tion may be obtained at the tribal planning office). (5) Utility lines anu eascmcnts. (6) Sewage disposal methods. (i) :50tiu waste ais,,osal methods. (8) An analysis of arterial and collector access and egrezz. (9) A detailed landscape plan. (10) A description of project phasing. (11) A copy of covenants and restrictions to run with the property, if any. (12) t% list of deviations from standards of this Title, as well as a detailed explanation of how the intent of the standards will be achieves by s,.ecial desit;.. i -matures. (13) All drawings shall be certified and/or prepared by an architect vT Liquan9aa engineer. (14) Proof of fire and police protection. 48.06.110 Planned Unit Development Procedure. The following procedures apply for development of a Platmed Unit Development: (a) A person may apply for a Planned Unit Development by submitting an application uuscribin., the namic of the Planned Unit Development requested and the applicable filing fee. (b) The Planning Department will schedule a public hearing oefore ine riw.r,inr, Commission ..ithin sixty (60) days of receipt of a complete applicatinit and applicable fee. The tribal legal Npproveu oy yBC Resolution 1/26:15 24 staff shall outline leeal ,s .idelines as requested by the Deparu-nent or Planning Commis ion prior to she public hearing. (c) Notice uf the nature, time and place of the hearing will be publishes in the Nugguam and posted prominently around the R%aervation by the Planning Depa,u„ent at least ten �t0) bu$iness days i„ advance of the hearing. Notice of the nature; ti..,e and place of the hearing will oe ...ailed certified, return receipt requested, or hand delivered by the Planning Depal-anent to owners: lessees, and holders or leral interests in contiguous lots and a, Ieast ten (10) b.siness days in advance of the hearing. (d) Applicant or his/her representative must attend the hearing before the Planning Commission to present the Planned Unit Development application and answer quest:o..s conceminr the proposed Planned unit uevelopment. (e) Any persons may attend the hearing before the Planning Commission =,d provide any testimony relevant to the application. (f) After closing the public hearing the Quinauh r1an..:..5 Commission may take action on the re,iuest or application or table it for further study or information and further hearin.. The action or recummendation must oe in the firm of a motion and indicate whether it is to deny, approve, or approve with conditions. The motion must also inctutte in. findings that enabled the Quinault riann:nb Commission to reach the decision, and conclusion,. The QuinauIt Plaiting Commission can adopt the recommended findings ....t1 conclusions prepared by staff or am.nd the recommended findings and conclusions. (g) The Planning Commission will make its final ts.t:ision within ten (10) business days of the final hearinr, and will mail certified, return receipt requested. or hand deliver the fi.-.-i written order of the Planning Commissioi. to the applicant within ten (10) business days of the final hem ng. kb) Appeal of an unfavorable decision may be made by any person aggrieved by the final written order and must be made to the Business Committee witn:n tern (10) business days of the applicant°s receipt of the final written order. The decision of the Business Committee is final and not appealable. All Planned Unit Developments shah oe initiated w4hsn six (6) months and completed within three (3) years of receipt of final approval of the project_ unless the completion sate is extended by the Planning Commission. 4a.ua.ic0 aw68: *.cion Requirements. The purpose of the subdivisio.. -Icq-- .ements is to further the Comprehensive Plan; protect the public health, safety and general welfare; to secure an appropriate allotment of tants in now developments for the requirements or community life; to conserve and restore natural beauty and other natural resources; and, to facilitate the adequate provision of transportation; water, 3cnure, and other public facilities. (a) rill subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities ana facintics such as sewer, pas or propane, electrical, and water systEmss located and consuucted to minimize flood damage; (c) All subdivision proposals shall have aaequ-te drainare provided to educz exposure to flood damage; and, Approved by QBC Resolution 1-126115 25 (d) Where base flood elevation data has not been prov:aed or is not available from another autnoritati-�e;ource, it shall be generated for subdivision proposals and other proposes developments that contain at least fifty (50) lots or five (5) acres (whichever is less). These requirements shau aFply to all subdivisions as defined by this Title or other divisions of land for the purpose of sale or building development, whethv.:mmediate ur future. The regula- tions shah apply in every situation where there is a dedication of streets_ alleys, easements,_ right- of-way, servitudes_ restrictive covenants or lana for public uses. Any map. plat, replat or plan hereafte! maa� of an, s,.bdivision or any part thereof within the Quinault Reservation shall be presented for approval and be recorded as prescriuea. Such description shall not use mct.s and bounds. Until approved by the Business Committee and filed, these maps of plats have no validity. 48.06.130 Preliminary real App[icado.: for A1,1,roval. (a) For the purpose of expeaaing the final approval of any plat, the subdivider shall make application for approval of a preliminary plat to the rlanning Co......:ssion, at the tribal office of the Lana use planner, in accordance with criteria provided by the planning staff. The subdivider shall submit ten (10) copies of the pretiminary plat (o) Upon receivi.-,r, an application for preliminary plat approval, the planning staff shall set the date of a public hearing. 48.06.140 Preliminary rtat nequ:rements. The scale of the prelimin=y Flat shall be not less than fifty (50) feet or more than two hundred (200) feet to the inch and Shall contain information specifies oelow. The Frelimina., plat shall oe�crt:fied b, a licensed surveyor. The preliminary plat shall show the following features and information: (a) The name of the proposed plat, subdivision or dedication. (b) A legal description of all lands included in the proposed plat, subdivision, or dedication, together with a current title repo, t showing clear tide in the developer. (c) The preliminary plat map ana the or maps of existinb conditions shall be approved and stamped by a registered engineer or licensed surveyor. (d) Existing monuments and marKers. fie) The boundary lines of the ttact to be subdivided. (f) Location_ width and names of -ad ex:st:a.b o;- Flatted streets or other public ways within the proposed development and other important features, including but not limited to, the general outline of permanent buitain.., water courses, Fower lines, telephone lines, railroad lines, municipal boundaries, township lines and section lines. tg) The ge..t:ral location and size Jexisting sewers, water mains, culverts, and other under- ground instailaLIons within the tract and immediately contiguo-_s ma.oto, as far as can bz: determined. (h) Contours of sufficient interval to- show the topo.raFh, of the entire tract, unless specifically Appro ed by t1BC Rmol.tion 1126115 26 waved by the planning stats~: (1) Thu layout of proposed street right-of-way lines, alley and easement lines, ana at,t,roximate dimensions of lots ani[ mocks. 0) Tentative grades of each street. (k) rill the parcels of ianu intended to be dedicated or temporarily reserved for public use or to be reserved in the deed fur the common use of the propert, ori1-4er3 in the subdivision. The purpose, conditions or limitations of such dedications or reservations shall be clearly indicated. (1) The indication of any portion or portions of the plat for which successive or separ-te final plats are io be filed. tm) A vicinity sketch indicating the boundary lines and names anti aumesses of owners of record or propezT, 7.:thin three hundred (300) feet of contiguous subdivisions. streets and tract lines of contiguous parcels. and the relationship of the Y.o,.osed t.lat to major highways, schools, parks, shot,t,ing centers, and similar facilities. (n) Two copies of the proposed restrictive co enants. 48.06.150 rredmiinary Hat Al proval. i he Lommission shall consider the preliminary plat within sixty (60) days. if the Commission finds that the preliminary plat is in a location that is .easonably safe from flooding, makes at,rrot.riate provi3ion for streets, parks, sites for schools and other facilities, in furtherance Jthe Comprehensive Plan_ and that the public interest will be served, the Planning Commission may approve the preliminary plat outrighi or conditionally_ and submit their recommcnaations to the Business i ommiuee wn:ch shall act in sixty (60) days. Where approval is denied, such notice shall set forth the reasons for denial. The approval of a preliminary plat shu11 not e.,arantee final approval of tn. t,lat or subdivision nor constitute an acceptance of the subdivision. Approval shall be authorization to proceed with the preparation of ma final t,lat alone the lines indicated in the at,rroval of the preliminary plat. 48.06.160 Final Plat Approval. The final plat procedure and requirements shall be the same as the preliminary t,lat t,rocedure with the fouo..:eb addition3: (a) For purpose of ming the final t,lat, the subdivider shall submit to the land use planner an ori- ginal final plat tracing and six (6) dark line prints thereof. Each subdivision snail oe acGomt,- anied by a cenificare of title, aatcd not to exceed thirty (30) days prior to submitting a plat for final approval, showing the names of all persons. firms or corporations whose consent necessary to dedicate roars, stmt _.d other easements shown upon said map. The planner shall examine the plat fbir compliance with the provisions of this Tide. if the final t.Iat s deemed to oe in correct form mid to contain the required information, two (2) copies of the plat drawing shall be certified by the land use planner. F5) At the time the subdivider presents the fi,ral map to the land use planner, there shall be pre- sented certificates executed respectively oy the publi. utility coma anies certifying that satisfactory provisions have been made with each of said public utility companies as to location of their facilities and that easements, where rcq.ired by such cu.,,panies, have been AFFroved by QBC Resolution 1126115 27 pm,,;ded. Easements for public utilities shall be clearly designates on the final map. Dedications of ail streets, hignwetys and parcels of land shown on the final map and intended for any public use shall be offered for dedicat.oe by the Vuinault Nation for public use. The minimum improvements which the subdivider will be required to ..take or enter into an a&eement to make prior to the acceptance and approval of the final plat shall be: (1) Adequate grading and surfacing of streets, highwa,3, ways, and alleys, as per minimum stanaards established by the Planning Commission. (2) Adequate drainage of the subdivision streets; nignways, ways and alleys. (3) Monuments (minimum of three (3) feet from pipe) approved by the land use t,ianner. (4) Other improvements may oe .equired under circumstances cited in the PIanning Commission actio,t. lz)) All improve..,....ents shall be installed to approved grades. (6) Plans, profiles and specifications of proposes :.—provements shall be furnished at the time of submitting a plat iur final approval. Submission shall be to the r1annin6 Com- mission. Construction shall conform to t.:bai standards. 48.'ua.i iU r.xisd;..,, Plats. (a) G e., existing purported plat or subdivision which would be subjeci to the provisions of this Title if said plat or subdivision were proposed after the date of enactment of this Title is hereby declared to be an illegal, void, invalid and unappruved plat or subdivision; pro-. iced that. the Plat of the Indian v illa,,e ofTaholah and the PIat of the Indian Village of Queers_ as on record with the Portland Area Office or the Everett Indian Agency of the Bureau of Indian Affairs snap not oe :;b�ect to this decision. (b) All existing plans or subdivisions subject to this Title and suo;ect to para&aph (a) hereof snap ae submitted for preliminary plat approval under this Title. Any plat or subdivision which shall fail to receive preliminary plat approval within one hundred and twenty (120) days of the enactment of this Title shall become an illegal- void_ invalid, and unapproved plat or subdivision. tc) All existing plats or subdivisions subject to this Title and subject ro paragraph (a) hereof shall be submitted for final plat approval wimin o. -.e htindred and eighty (180) days of the date of enactment of this Title. Any plat or subdivision which shall fail to receive final plat approval within two hundred and forty (zzF0) aa,z; Qi utv v....ctment of this Title shall become — ille,5al, void, invalid, and unapproved plat or subdivision. (d) Special rule for plats submitted after the effective :tate of tn:r. t itle: Except as Provided in para,s.aphs (b) za,d (c) herein, nu proposed plat or subdivision which shall be submitted for approval after the effective date of this i itte snail oe ppro ped if any part of said proposed plat or subdivision shall be within the boundaries of the Wilderness Zone as established herein. zi8,07 Permit and Application Process. Approved by yorKesoiudon I t25i 15 28 All proposed developmenr, as defined in this Title; within the enterior boundaries of the Rcservatiun requires submittal of a Master Land Use Application_ a 5tormwater m-nabement Plan. and a pre -application come.-en.c with the Land Use Planner and other Nation staff as the Director or Director's designee deems necessary_ to discuss the tviaster rano Use AFFlication and required permits. No arrlications shall be approved under this Title unless the applicant demonstrates compliance with all Quinault Tribal Codes and ror,..lationa adopted thereunder. 48,07.010 Bunning rermirs. Building rermiis must be obtained from the Department for all construction activities_ including new stick -built structures. manufactured, modular, and moohe names, whether for pe.i„mient or tem,.or�- use; rei.airs or additions of any si.,e; demolition of buildings or structures; fences, decks_ and signs. The Building inspector or uirector or Director's designee May issue a B,.ildinb Permit upon review iif a complete application and supporting materials; and the applicant provides evidence ora sare and r.liable supply of potable water for the intended use of the structure, and evidence of the compliance with the wastewater disposal rega:..ents in Title 60. i he Floodplain Administrator or Director or Director's designee will determine the proposed development_ including placement of a manuiactur.a home, will be reasonably safe from flooding, and whether a valiance under Section 48.08 of this Title is warranted. When bast/ hood elevation data is not available; the 6uildinb Inspector, Director or Director's designee shall obtain, review, and reasonably utilize any base flood elevation and floodway data -viii-ble from a Federal, Mate, and otna, sources such as from High Water Marks of Record for flood -prone areas. When base flood elevation data or High Water Marks of rcecortl are Y.ovided, obtain and recora the actual elevation of the lowest fluor of all structures; and if applicable, elevation to which any non-residential structure has been flood-proor-ea. Each application for a building permit snail oe accompanied by: (a) applicable fees; (b) stamped, engineered building plans drawn to scale; jc) a site pian crawT.. to stale showinb the dimensions of the lot to be built upon, the sire and location of the building(s), stn ttctttre(s), and/or accessory buildingksystructurc�s) to ow erected_ td) legal description, including lot boundaries; (e) name(s) of owners and/or perso.., .. ith any lebal interest in the lot; (t) proof of land ownership or legal use; kg) other applicable tluinauit ,r. =its or licenses pousiness license for contractor(s), natural resources, application appwved, burn permit_ etc.)_ th) demonstration of lawful accea, tz; let; and (i) such additional information as required by the Director or Uirector"s ues:gncc. No permit shall be issued unless there is demonstration oy me at.tdicant of compliance with all yuinault Nation Titles and regulatiins. AFF,roved by yBC Resolution 1/x6/15 29 48.07.020 Travel Trailer and Motor nomu Permits. Travel Trailers and motor nomes ma, be uzc.pied in any area for a designated period not to exceed sixty (60) continuous days. A Permit to locate and occupy .. Travel Trailer or Motor Home must be obtained ,,rior to occupancy of the Tavel Trailer or Motor Home for more than twenty-four (24) hours. Such Permit may be renewLM once fur z additional sixty (60) continuous days but in no event shall such use ur occupancy be allowed for more inan one hundred twenty (120) days in any tweive- (t z-) month ,,eriod. The Building Inspector or the Director or Director's designee may issue a Travel Trailer or tvtotor nome Permit ut,z;n review of a complete application anti ap,,lication fee. An unoccu,.icd Travel Trailer and/or Motor Home tuay be stored on any awned or leased prupeRy_ without a permit. provided that sucn t ;-alel Trailer or Muter Home is not the principal or only structure on the property and that the principal structure complies witn all a,,,.licable Quinault Indian Nation lana use and buildins laws and regulation. 48.0 t.9.30 atormwatcr Management. tai r4o aprmcution for development will be approved unless it includes a stormwater management plan detailing how runoff anti associated water quality impacts resulting from the development will be controlled or managed. This plan must be prepared by .. ticansed engineer and musi include ine foho..inr, information and any other information deemed necessary by the Department: (l) tsackgrouna i..formation and computations fol sizing drainage facilities: (i.) A topographical map or maps_ on a scale of one (1) inch equals fifty (50) feet with nvfoot contours, which depicts the following information: (A) All natural drainage channels ana,—tterns within or adjacent to the de-velopment and other existing drainage features and drainage easements. (B) The point-ts) where me arail.u,;. from u,,stream properties currently enter(s) the property. (C) The pointis) wne. a d;- aina�e is discharged dawnstream from the propel ty and the receiving waters (the receiving waters need not be indicates on a ma,,; but may be notes in writin,,). (D) The proposed development of the area anti the esr.'...zacu :...,,�.rvious surfaces. iiia The measures ar.a of the site (indicatinr, both square footage and acreage), the estimated density, the estimated measured area of the site �insicatin6 num square footage and ac.eabe),,.o,.osed for coverage by impervious surfaces given the proposed level of development. (iii.) nn estimate of the peaK a:.charre and amount of surface water entering and leaving the subject proptay in its uncleared natural state as a result of the t.,ent,- five v31 year storm of twenty four (24) hours duration (the design storm). (iv.) An EStimate of the peak discharge and the amount ofrunoff enterin, and within the subject property that will be generated by the design storm given the proposed level of development. (v.) Proposed improvements for handling the computed drainage runoff. A,,,ro-. ed by QBC Resolution 1/26.15 30 ivi.) A brief description of the system's specifications and the proposed receiving watets. (vii.) Arrat,bements by the pet,as;ttee to ptuvide for continuing maintenance of the drainage facilities. (b) General Requirements. (l) Surface water, Doth existinb and potential, entet;ng the subject property shall be received at the naturally occurring location ano surface water existing on or flowing througn the subject property shall be discharged at the natural location with aaegaate energy dissipators within the sunject Frot.erty to minimize downstream damage and with no diversion at arsy of these poinLb. (2) The peak discharge ano reak runoff volume (from both surface and subsurface sources) for the subject propel ty resulting from the design storm shall not be increased above the levels generates on the t.ropenyy in its uncleared, natural state due to the proposed development. �.y j Rctention/detention facilities shall be provided in order to handle all surface water in excess of the peak discharge of the Yr of erty in its uncleared, natural state resulting from the design storm. The facilities shall be designed to prevent aggravation of any potential downstream Feakinb conditions. (4) Lots shall be laid out so as to provide positive drainage away from, all buildings. p) when a c►oscd system is used to handle discharge within the Lraci_ all structures will be a minimum of tett (10) feet from the closed syst.s. la) storm ..ater facilities shall be designed and built in such a manner that the outlet structures are easily accessible for insp.t:t:on, testinb, and long-term maintenance. 48.07.040 Lyon -Conforming use. If a lawful use of land or structure that mists at the effective date or amendment of this Title could not occur or be bu;It under the requirements of this t isle; it is -onsidered a non -conforming use. it is the int...t of this Titl.-, to permit these non -conformities and may remain as long as it is otherwise lawful subject to the following: (a) A non -conforming use shall not be enla.6.a, extended, reconstructed, moved, or altered in any way to increase its non -conformity. (b) A non -conforming use shall Be neem aa wn-..noncd if it is discontinued or abandoned for a continuous t eriod of six (6) months and shall not be reconstructed except in conformity wim the requirements of this Title. (c) ii ..,,y non -conforming use is destroyed by any means it shall not be reconstructed except in conformity with the requirements of anis i Mv. 48.08 Flood Hazard menucnon. 48.08.010 Purpose, It is the purpose of tn:s section to rromote the public health, safety, and general areas by provisions designed: Appt�ved by QBC Resolution 1/2615 31 ti) i o protect human life and health; (2) To minimize expenditure of public money and costly flood control projects; (3) To minimize the need for rescue and relief effons associated with floodin,, and generally undenax.., at the ext.e.,ue of the general public; (4) To minimize prolonged business interruptions: tai t o m:; -.:Mize damase to public facilities and utilities such as water and gas mains or propane tanks_ elecuic. telephone and sewer dries, streets, and bridres located in fluud-prone aro,; (6) To ensure that potential buyers ana l.ssors are notified that property is in a flood - prone area; and, k i) t o ensure tnJ those whu occup, the flood -prone area assume responsibility fol their actions. (8t To protect Tribal resources. 48.08.020 Administration. This Section 48.08, Flood Hazard Reduction_ is administered by the Quinault Indian i.ratio.,�. Floodplain Administrator, or the Director or Director's designee. 48.08.030 General Standards. In all flood -prone areas, the following general standards apply: (a) Anchoring t l) All new constructio.. —.a sabst..ntial improvements shall be anchored to prevent flutatiun, collapse, or lateral movement of the structure. (L) All manufactured homes shall be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices tnat minimize flood damar,e per the latest accepted Quinault Indian Nation Building Codes. (b) Consuuction Materials and Methods tl) All new construction and substantial improvetneuts shall be constructed with materials and utility equipment resistant to flood damage. (2) All new cottstruction and substantial improvements shall be constructea using methods anti practice„ tn.,t...:..:.�.:�� nova aamale. (3) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be aes:e..ea —.aro;- otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (c) Utilities (1) All new and replacement water sut,t,l, s,stems shall be desi&,ed to minimize or eliminate infiltration of flood waters into the system; Lz) water twits shall be located on hign &ound (3) New and replacement sanitary sewage systcros shall be designed to mink..iz` or elimi.ate infiltration of flood waters into the systems and discharge from the systems into flood waters and according to the tvation's t iue 60 and regulations promuleated thununder; and, Approved by QBC Resolution 1126/15 32 (zi) Un -site waste d;st,Ursal systema shall be located to avoid impairment to [hem or eontarninadon from them during flooding. 48.Oa.VO Specific: Standards. to aii a. as of si ecial flood ham.—ds where base flood elevation data has been provided or in flood -prone areas_ the fallowing specific pro.;sions aYYly: (a) Residential Construction (1) New construction and substantial improvement of any residentaat t.--cture shall have the lowest floor, includint; basement, elevated to or above the High Water Mark of Record (or base flood elevation, if determined). z) Fully enclosed areas below the lowest floor that are subject to flooding are prohibiteu, or shall be designed to automaticany equalize hydrostatic flood forces on exterior walls by allowing for the entry and exi-t of floodwaters, and be used solely for parkin., of vehicles, building ac�.ess or storaee in an area other than a basement. Design, for meeting this requirement must either be certified by a regist.r.d professional engineer or arcn:tuct or must meet or exceed the following minimum criteria: (i.) A minimum of two openings having a total net aro- of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (ii.) The bottom of all openings shalt Be no higner than one foot above grade; (iii.) Openings may be equipped with screens_ louvers- or other coverings or devices provided that they permit the ..utomatic entry and exit of floodwaters; and, (iv.) FEMA's Technical Bulletin 11-01 provides additional required st....dards for crawlspace co ...truction. (b) Nonresidential Consuuction (i) Nen constructi–mn mid substantial improvement of any commercial, industrial or other nonresidential strucwe shall either have me towt,t poor, including basement, elevated to or above the High Water Mark of RecUtd (or base flood elevation, if determined); or, together with attendant utility ana sanity facilities, shall: (i.) be flood -proofed so that below the High Water Mark of icecord (base Hood le. cl, if determined me structure is watertight with walls substantially impettt,eable to the passage Ofwatet. na. 3[, wotu. Wt `omronents caFable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and. (iii.) be certified oy w ur,Gaed t,rofessional enS'neer or architect that the design and methods of construction are in accordance with accepted standards of pra.tica i'or meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall oe provided to the Le,,artment. (Z) Nonresidential structures that are elevated, not flood -proofed, must meet the same stanuards as for residential structures for space below the lowest flour. (3) Applicants flood -proofing nonresidential buildings shah b. notified that fluud insurance Premiums will be based on rates that are one foot below the flood -proofed level (e.g. a building flood -proofed to the base flood le -;el, if determined, will be rated one foot below that level). Approved by QBC Resolution uLQ/ 15 .3.3 Vic) manufactured Homes (l) All manufactured homes to be placed or substantially improved shalt ba jcvated on a permanent foundation Such that the lowest floor of the manufactured home is at or above the High Water Mark of Record jor me noou eic ation, if determined) and be securely anchored to an adequately anchored foundation system. (d) Recreational vehicles (1) Recreational vehich must: ti.) Be on the site fir fewer than one hundred eighty (180) consecutive days, (ii.) Be fully licensed and ready for highway use, on its wheels or jacx:i.6 s,ste.—., is attached to the site only by quick disconnect type utilities and security devices_ and has no permanently attached atiuitions; or (iii.) Meet the requirements of this section and the elevation and anchoring requirements for manufacturetl nome,. (e) Critical Facility (i) Co..struction of new critical facilities shall be, to the extent possible, located outside the limits of the flood -prone area [or a Special Flood Hazard Area tar rtA) l t 00 -year floodNlain), if determined]. Construction of new critical facilities shall be permissible within the flood -prone area jSrmn) if no feasible att....at:ve site is available. Critical facilities constructed within the flood -prone area (SFHA) shall have the lowest floor elevated three feet or to the ne:gni of th. 500 -,ear flood, whichever is higner. Access to and from the ctILical facility should also be protected to the height utilized above. riood-,.ioon..e and sealine measures must be taken to ensue that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided tu all critical facilities to the extent possible. zF8.98.59 variances to rtootl nazartl St_w3a.-ds. tai Conuitions for variance., (1) Generally, the only condition under which a variance from the elevation standard may be i3s,.4d is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots wim existing structures constructed below the base flood level. As the lot size increases the technical jusiification required for issuing the variance increases. (2) V ;ances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (3) Variances shall only be issued upon a determination by the Floodplain Administrator or Director or Director's designee that the variance is the minimum necessary, considering the flood hazard, to accomplish the hazard reduction. (4) Variances shall only be issued upon: (i.) A showing of good and sufficient cause; tii.) A determination that failure to grant the variance woum result in exceptional hardship to the applicant; lD) A ueterminat'.o.. utat the granting of a -riance , ill not result in increased flood heights, additional threats to public safe►y_ exuaordinary public expense_ create nuisances, ca..,e fraud on 1-jr victimization of the public. Approved by QBC Resolution 1/26115 34 (o) variances may be issued far nonresidential buildings in very limited circumstances to allow a lesser dagree of flood -proofing than watertight or dry flood -proofing, where it can be determined that such actin wits Clave law damage potential and otherwise complies with Section 48.08.01.0 General Standards. (7) Any applicant to whom a variance is granted shall be given Wtinen natice that the structure will be permitted to oe ouiit wim a iowest floor elevation below the base fl,—V z;d elevation and that the cosi of flood insurance will be commensurate with the increased risk resultin., from the reduced lowest floor elevation. (b) In approving a request for variance and requiring any condiduas to the variance approved, the Director or Director's desie.,ee shall consider all technical evaluations, all relevant factors_ standards specified in other sections of this Title; and: (1) The danger that materiala may be swept onto other lands to the injury of others; tz1 i he danger to life and property due to Doming or erosion aamaee; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage �.n the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; { r 1 The compatibility of the proposed use with existing anu anticipatea aeveiopment; (8) The relationship of the proposed use to the cott,ptehettbive plan and flood plain mana.eme..t ..ogram for thut arca; (9) The safety of access to she propel ty in times of flood fot ordinary and emergency vehicles; (10) The expected heights, velocity_ duration, rate of rise, and sediment iransport of the flood waters and the effects of wave action, if applicable, expected at the site; and, t i t The costs of providing governmental services during and after flood conditions; including maintenance and repair of public utilities and facilities such as sewer, gas or prot,ane; elecu icai; ai-,a water nd str.cts aria briabGs. 48.09 Permit Exceptions. 48.09.010 Variance. A variance is a departure from the provisions of this Title for special circumstances related to a specific lot, when strict application of this Title would cause an undue or unnecessary hardship, or would otherwise be unreasonable or imrractical. There will be no variances allowed for development in areas that are prone to flooding except as provided in Section 48.08. The PIanning Commission may grant a variance and may impose any canditiatts an said variance, if it determines each of the following criteria ate met: (a) The proposed variance will not amount to a rezone of the boundaries shown on the Official Zoning Mar and does not avow Y use that is Prohibited in oto zone in whicn the sub;ect proputy is lut;ated. (b) Special conditions and circumstances exist that are peculiar to the land, such as size, share, Approved by QBC Resolution 1126115 35 or topography of a parcel_ or location of a legal structure on a parcel, not applicable to other lands in the same zone, and that literal interpretation of the provisions Uf this Title would deprive the property owner of uses commonly enjoyed by other properties wim coni -o....;' .b uses in the vicinity and in the 5arne zone. jc) The special conditions and circumstances ao not result from the actions of the applicant. (d) Gta ting a variance requested will not alter the essential character of the locality or confer a benefit to the subJect property that is denied other parcels in the same zone. (e) The granting of the variance will not be materially detrimental to the public welfare cr injurious to the property or improvements in the vicinity and zone in which the subject property is situated. The following procedures apply for variances: ta) A person ma, appl, for a variance by aubmittinb a variance application describing the nature of the variance requested and how the criteria herein will be met, and the applicable filinb fee. (b) The Planning Department will schedule a public hearing before the rlanning Commission within sixty (60) days of receipt of a complete application and applicable fee. The tribal legal staff smut outine tegat guiaetines as requested oy mo urpartmunt or Planninb Commission prior to the public hearing. Notice of the nature, time and place of the hearinb will be published in the Nus,5uam and posted prominently around the Reservation by the Planning Department at least ten (10) business da,s in advance of the hearinb. Notice of the nature, titrte zmd place of the hearing will be mailed certified: return receipt requested, or hand delivered by the rlanning Department to owners, lessees, and holders of legal inte is in contiguous lots and at least ten i t U) business days in advance of me hearing. (d) Applicant at his/her representative mus; attend the hearing before the Planning Commission to present the variance application and answer questions concerninb the proposed variance. (e) Any persons may attend the hearing before the Planning Commission and provide any testimony ,elevant to the application. to After closing the public hearing the Quinault rlanning Commission may take action on the request or application or table it for further study or information and further hearing. The action or recommendation must be in the form of a motion ana intricate wnemer it is to deny, approve, or approve with conditions. The motion must also include the findings that enabled the Quinault rlanning Commission to reach the decision, and conclusions. The yuinault Planning Commission can adopt the recommended findings and conclusions prepared by staff or amend the recommended findings and conclusions. (g) The Planning Commission will make its final decision within ten (10) business days of the final hearing and will mail certified_ return receipt requested. or hand deliver the final written order of the Planning Commission to the applicant within ten (10) business days of the final hearing. (h) Appeal of an unfavorable decision may be made by any person aggrieved by the final written orde. and must be made to m. Bwsin�ss Co...:Mee 7 ithin ten ( t 0) o--s:ness nays or the applicant's receipt of the final written order. The decision of the Business Committee is final and not appealable. Approved by QBC Resolution 1/26/15 36 A variance & W.ted under this Title is effective when exercised within six (6) months from the effective date of the grant by the Planning Commission. unless a logger period is specified by thG Comutussion. in such case a variance is not exercised, it shall be4ume void. 48.09.020 Conditional Use. A conditional use i, a use identified in this Title that needs case-by-case consideration because it may be ;ncompatible with the principal ,ermittea --es :,, the : arious zones. i ne Conditional use rermit application shall accompany the application for a Building Permit. Only those uses contained in "Table I" will be considered, and only fur thz zine indicated. The Planning Commission may grant a Conditional Use Permit, and may impose any conditions on said Permit, if it duterm.eea eacn of the following criteria are mei: (a) The use shall not endaneer the ,ublic heann o! safety if iocatea wnere proposed_ and the use Will not allow conditions that will tend to generate nuisance conditions such as noise, dust, glare, vibration, (construction noise, dust and vibration except.d). (b) The use meets all requirements of this Title and regulations adopted pursuant to this Title where it is pruposed to be located. (c) The use snail not be injurious or detrimental to contiguous property, unless the use is a public necessity, in which case specific steps shall be taken to lessen the detrimental impacts. (d) Multi -family dwellinbs shall only be r,ermiriea if the following provisions and conditions are met: (i) Off-street parking to be provided in the amount of two (2) off-street parking spaces per dwelling unit. t2) Sctbwcics snail conform to the requirements of the underlying zone. (3) Accessory buildings shall comply with the setback requirements of the main building. The following procedures apply for a Conditional Use Permit. ta) A person may apply for a Conditional Use Permit by submitting a Conditional Use Permit application describing the nature of the Conditional Use requested and how the criteria nerein wiu ne met, anti the applicable filing fee. (b) The Planning Department will schedule a public hearinr oefo.e ine rianning Commission within sixty k-60) days of receipt of a complete application and applicable fee. The tribal legal staff shall outline leeal euidelines as requested b, trio ueparnment or rlanning Commission prior to the public hearing. (c) Notice of the nature, time and place of the n�....n., win oe pumisned in the Nugguam and posted prominently around the Reservation by the PImming Department at least ten (10) business days in advance of the hearine. Notice z;f the nature, time and place of the hearing will be maiiea certified, return receipt requested, or hand delivered by the Planning Depanment to owners, lessees, and hulders of legal interests in conti�.ous lots and ut nasi ten (10) business da,s in ovance of the hearing. Approved by QBC Resolution 1!26/15 37 (d) Applicant or his/her reprebentaiive must attend the hearing before the Planninb Commission to present the Conditional Use Permit application and answer questions concerning the proposed Conditional Use. (e) Any persons may attend the hearing before the Pla.in6 Commission and provide any testimony relevant to the application. to after closing the public hearing the Quinault Planning Commission may take action on ine request or application or table it for further stuuy or information and further hearing. The action or recommendation must be in the form of a motion and indicate whether it is to deny, approve, or approve with conditions. The motion must 41so :notude the findings that enabled the tlu:-wui[ rlanning Commission to reach the decision, and conclusions. The Quinault Planning Commission can adopt the recommended findinbs ana conclusions prepared by staff or amens the recommended findings and conclusions. (g) The Planning Commission will make its final decision within ten (10) business slays of the final hcarinb and will ,..ail cerr%M, retum receipt requested, or hand deliver the final written order of the Planning Commission to the applicant within ten (10) business days of thu finat hearing. (h) Apprwt of an unfavorable decision may be made by any person aggrieved by the final written order and must be made to the Business Committee ,within t.n (10) ousiness days of the applicant's receipt of the final written order. The decision of the Business Committee is final and not appealable. A Conditional Use Permit grartted under this Title is effective when exercised within six (6) tttonths froth the effective date of the b. ant by the rlanning Commission, unless a longer period is specineu oy the Commission. In such case a Conditional Use Permit is not exercised, it shall become void. zia.0y.1130 Special Use Permits A special Use is a land use that would otherwise not be allowed under this Title. Th. Plunn:ng Commission may grant a Special Use Permit or. a case-by-case basis, and may impose any cona:t.ons on said rermit, if it determines each of the following criteria are met: (a) There arc special circumstances or conditions affecting the land, building, or use referred to in an application that do not quality for a variance or cor.0:tionat use permii; (b) Gram.'.., a special use Permit will not be materially detrimental to the public welfare, or injurious to the property or persons livinb contib-o_s to or in the vicinity of the propt'Ry to .,n!cn an application pertains: (c) Granting a Special Use Permit will maintain tht: spirit ano intent of this Title, is consistent non ine nation's traditional uses and culture, will not impede the normal and orderly development and improvement of the surroundinb property for uses allowed under this Title, mid will not impair the protection of nauu A and cultural resources. The followinr, procedures appiy for a special Use Permit: (a) A person may apply for a Special Usz Pcrmii by submitting a Special Use Permit application descrioing the nature of the Special Use requebted and the applicable filinb fee. Approved by qBC Resolution 1 l_at 1:) 38 (b) The Plarming Det,art went wilt schedule a public hearing before the Plannit,g Commission within sixty (60) days of receipt of a complete applicatiri« and apFhcable fie. The tribal legal Staff shall outline legal guidelines m requvatea oy the liepartment or Planning COMmission t.rior to the public hearing. (c) Notice of the stature, tit,,e and place of the hearinb w;il oe published in the Nuggitam and pasted prominentt, around the Reservation by the Planning Department at lumt ten (10) business days in advance of the hearing. Notice of the nature, time and place of the hearing will be mailed certified, return ..ceipt requested, or hand delivered by the Planning Department to owners_ lessees and holders of legal interests in contie..ous iots and at least ten (I 0) business days in advance of the nearing. (d) AFF licant oa nis/her representative must attend the hearing before the Planninr, Commission to present the Special Use Permit application and answer questions concerning the proposed Special Use. te) Any persons May attend the hearing before the Planninr, Co..mission and provide any testimony relevant to the at,ptication. (f) After closing the public hearing the Qu;nault Planninr, Commission may take action on the request or application or table it for further study or information and further hearing. The action or recommendation must be in the form of a motion and indicate whether :t is to deny. approve, of approve with conditions. The motion must also include the findings that enabled the duinrult Planning Commission to reach the decisiuta, and conclusions. The Vuinault Planning Commission can adopt the reco«,.,.ended findina, ana conclusions prepared by staff or amend the recommenaea findings and conclusions. (6) i he rlanning Commission will make its final decision within ten (10) business days of the final hearing and will mail certified; r.turn receipt requested. or hand deliver the final written order of the rlanning Commission to the applicant within ten (10) business da,; of the final hearing. (h) Apt,eal of an u..iavorable decision may be made by any person aggrieved by the final written order and must be made to the Quina.lt Businesa Committee within ten (10) business days of the applicant's receirt of the final written order. The decision of the Business Committee is final and not appealable. A Skecial Use rermit granted under this Title is effective when exercised within six (6) months from the effective date of the grant by the Planninb Commission_ unless a longer period is syee:ncu oy ine Commission. In such case a Special Use Permit is not excr-isca, at -nan necome void. 48.09.040 Permit Fees. Permit fees shall be established b, tnu yuinault rsusiness Committee upon recommendation of the Vuinuuu rlanning Commission. Tribal elders shall be entitled to ria: er of all fees authorized under this Title upon providing verifiable Froof of age. 48.10 Enforcement 48.10.010 General Authority to Enforce. Approved by QBC Resolution 1126115 39 I► shall be the duty of the Dupartment to enforce the provisioua of this Title. Failure to enforce this Tine does not authorize or waive any violation of any pruvision ur this Title or any regulation adopted pursuant to this Title. The De,,artment may call upon law enforcement, fire, health, or other a,,,,rot,riat. yuinault departments to UNsist in enforcement. 48.10.020 Right of Entry. Employees, contractors and agents of the nation may enter any Reservation lands at reasonable times and in a reasonable manner to inspect thein for co►rrpliance with this i:ne and regulations adopted pu&Duant to this Titl%. Insvections of buildings on the Reservation shall be made at mutually convenient times for Deparanem staff and the permittez. Application for any lana use permit or any other land use activities constitutes consent to on-site inspection of permittee's property fvr the ,,u.,.ose of assessing compliance with this Title and regulations adopted pursuant to this Title. 48.10.Os"u ivotice of Voluntary Correction. Whenvve7 the uirector or Director's designee has reason to believe that a violation of this t ittc or regulations adopted pursuant to this Title has occurrctl, the uirector or Director's designee may Serve a written Notice of voluntary Correciion on the violator in the manner directed in this erection. In the event that the violator does not take corrective -cion as outlined in the Notice of Voluntary Correction, the Director or uirector's designee shall issue a Notice of Violation. 48.10.040 Contents of Notice of Volunta�, Correcdon. The Notice of Voluntary Correction shall contain a b.:er and concise description of the alleged violation arid the rrovision of this Title or regulations adopted pursuant to this Title alle,;ed to have been violated. The Notice of Volunta,y Correction shun state that continued or subsequent violation may result in furtner civil enforcement actions, as provided in this Title, to include monetary civil penalties. The Notice of Voluntary Correction shall contain a statement of the corrective action required and shall s,,ecify a reasonable date and time within which the corrective action must be accomplished. 48.0.0w Service of Notice of Voluntary Correction. i ne i-4otice of Voluntary Correction shall be personally served on the alleged violator, if reasonably possible. If Fersonal ,c.:ice is not reasonably possible, the Notice of Volunt�y Correction shall be posted on the parcel associated with the .:oiraia;i and mailed to the alleged violater by certified mail, return .eceipt requested. The failure of any such person to receive the actual tvotice of Voluntary Correction shall not affect the validity of any proceedings taken under this Title. The voluntary cutrection,,rocess is optional as deemed by the Director. If the Director ut Director's designee believes that the requirements of this Sect.en are not beinr, ...et, the uirector or Director's designee may, in addition to th. Notice of volunwy Correction, issue a Stop Work Order. Approved by qBC Resotndon t1z_n115 40 zia. t'u.060 Exiension for Compliance. (a) upon good cause shown by the alleged violator, the Director o;- Lirector's designee may grant an extension from the oreration of this t isle in order to allow the alleged violator to take corrective action as outlined in the Notice of Voluntary Correction not to exceed thirty (M) days. Such extension may be renewed at the discretion of the Director or Director's designee for an additional tnirty 00) days, but only if satisfactory progress toward comt.liance :s shuwn. (b) Any person seeking an extension shall file an application with the Director on forms provided by the Department. Any such request for an extension must be r.ceived by the lArector at least five (5) business da,s Frioi to the date se[ for compliance in the Notice of Voluntary Correction. (c) In granting or denying an extension of ute aate set for compliance_ the DireCtur or Director's desigL.re snail file a written order stating the facts and reasons leading t� the decision; which is due no later than the date set ftir comNliance in the tvotice of voluntary Correction. (d) A request for an extension shall not in any mamier preclude the alleged violator from seeking any other relief available under Tribal law. 48.10.070 atop work Order. Whenever a cont:..uing violation of this Title or any regulations adopted pursuant to this Title will: fat materially impair the Department's ability to secure comrlian.e; or (b) threaten the health or safety of the public- or (c) tnreaten or harm natural resources, The Director or Director's designee may issue a StQJp Work Order specitying the violut:o;i and prohibiting any work or other activity at the site. The Oraer shall be posted on the subject property, and if rossiblc, snail be served in person on persons engaged in any work in violation of this Title. No further work or activity shall proceed unless and unfit authorized by the Director or Director's designee in writing. railure to comply with a Stop Work Order shall constitute a violation of this Title. 45.1t0.089 Notice of Violation. to the event the alleged violator fails to take corrective actio., according to a properly served Notice of Vuluntmp Corrct:Gon, or when the Director or Director's designee believes that a violation can only be promptly and equitably corrected b, — immediate Notice of Violation, the Director or Director's desi,s.,cc may issue the alleged violator a Notice of Violation. 48.10.090 Contents of Notice of Vioia'.on. For violations of this Title or regulations adorten pursuant to this Title_ the Notice Uf Violation shall contain the faitowing information: Approved b, VBC tcesolution 1126115 41 (a) The name and address of the alleged violator; (b) The street address or a description sufficient for idmtification of the pruperty where the aller,M violation occurred: (c) A brief statement describinr, the act an(vor omission alleging a violation of this Title; (d) A statement mat if any work is not completed within the times specifies, the uirector or Director's designee will proceed to cause-oatement of the violation and cause the work to be done and charee costs as a lien against the property, if applicable; te) a statement that a monetary penalty of no ,pure thar. three hundred dollars (5300.00) per day fo, each violation ,.hau oe assessed against the alleged violator(s); (r) A statement that if auy assessed civil penalty is not raid; the uirector will charge the amount of the penalty as a lien or the property, if applicable- and as a pet3unal obligation of any recon in violation of this Title or regulations adopted pursu.t to this i isle; kgs A statement regarding how the alleged viol -tor snall respond- as outlined in this Section, and that Such Resronse snall be fled with the Quinault Tribal Court and a car, served upon the quinault Indian Nation Office of Reservation Attorn.y within thirty (30) calendar days of service of the Notice of violation; and (h) A aescripdon of the available appeal process. 48.10.100 Service of r4otice of Violation. A copy of the Notice of v iolation shall be served in the same manner as se. ,ice of the notice of voluntary Correction outlined in this Section. The orir,:nai ivotice of Violation shall be filed with the Quinault Tribal Court Clerk ana a copy shall be served on the Quinault Indian Nation Office dReservation attorney. The failure of any such person to ecei-le the actual Notice of Violatio,t shall not affect the validity of any rroruca:ngs taken under this Title. 45.0.110 Appeal of Notice of Violation. i he Notice of Violation may be appealed , ithin fourteen (P+-) calendar days from the date of the Notice of Violation to th. yuinault i ribal Court. pursuant to the provi3ions of q.T.C. sQ. any t,er-say civil penalty shall not accrue during the pendency of such administrative appeal, unless the Quinault Tribal Court determines that the appeal is frivolous or intended solely to dela, comrlianc.. railure to file a timely and complete appeal will cynstitute a waiver of all rights to an appeal of ,he Notice of Violat:or.. 48.10.120 Hearings. (a) Commencement of Pro.ccaings. The filing of the Notice of Violation shall serv. a, an initial summons and complaint in Quinault Tribal Court. (b) Response. Each person issueu a ►votice of Violation under ihi3 Title Shall return a copy of the Notice of violation within fow tteen (14) calendar day 3 to the Quinault Tribal Cou, t. The person issued the Notice of Violation snail check either: LJ 1. I CHOOSE TO PAY THE MONS t Ax Y rr-N nLTY AND HAVE ENCLOSED FULL PAYMEN i . Approved by t1BC Resoiudon i1 26f 15 42 L 2.1 REVuEST A HEARING TO EXPLAIN THE Cinr-UMSTANCES. If a person requests a hearing, the Court shall issue a ivatice of Hearing with a date and time certain. L a. 1 REQUEST A HEARING TO CONTES i t ntS VIOLATION NOTICE. (c) Timet:ne for nearing. Upvn the timely filing of a rest.onse, the yuinault Tribal Cout t shall set a hearing withi„ thirty t30) c.ivndar days, which may be continued for rood cause. in the event a hearing is not set within thirty (30) days, the Notice of violation shall be dismissed. A party may appear for a hearins by tzt.phone with prior approval of the Quinault Tribal Court. (a) Canduct at the Hearing. Hearings Shall be ro erred by Q.T.C. 30. (e) Older on Hearing. Following the conclusion of the hearing, the Court ahall issue a written decision. The decision shall state the findings of fact, eonctusions of law_ and order. The order shall include any and all costs as deemed appropriate by the Court. (f) Appeals. Shouta either party be unsatisfied with the result, that ,arty may commence an appeal with the Quinault Tribal Co..rt of Appeals pursuant to Q.T.C. 31. 48.10.1,j0 renalties. Unless oinerwise provided, each act of violation and every aay on which such violation occurs shall be a separate violation subject to penalty assessment. A violation of this Title or r.guiations adopted t,ursuant to this Title are subject to a fine of not more than tnree hundred dollars t$.M.00) per day. 48.0.izi0 Complaints from the Public. Whenever a violation of this Title or regulations adoFW3 rursuant to this Title occurs or is alleged to have occulted, any person m -y me a written complaint with the Director or Di.cctor"s desib..ee. Such complaint shall state fully the basis thereof. t ne complaining pat ty shall provide an address and phone number to enable the uirector or his/her designee to contact the complaininb tarty about the written complaint. The Director or h:./ner designee shall properly record such complaint, investigate as soon as reasonably practicable, and take any necessary action thereon as Yrovitled by this Title. 48.11 Miscellaneous. 48.11.010 Seve-.sn:i:Fy. If any section, suosection_ sentence, clause or phrase of this i:ue is, for any reason, held to be invalid, in general or in any specific at F'xadun, such decision shall ,tot affect the validity of the remaining parts of this t isle or the specific application of thi3 Titl.. Approved by QBC Resolution liz-& 1:) 43 Exhibit D Attorney General Opinion (AGO) — Ownership of Reservation Beaches OFFICE Or- -r iE ATTORNEY Gr:1Vxi. uki, SLnDr. GORTON ATTORNEY GENERAL ILSIPL; OF R'ST14s Mi r5lrin %VASF111YG"1-U1N 911501 WATER --PUBLIC LANDS--RiGniD OF PUBLIC TO USE OF OCEAa nEACHna. (1) WiLhouL regard co any other pLoperty inLeresLS or rights which the 5LaLe may nave; membzra of the public have Lne right to use and enjoy Lhe weL and dry said areas of Lhe ocean beaches of Lhe 5LaLe of Waahington by AL Lue of a long-esLaD- lished cus[omary use of those areas. (2) The right of members of the public co use and enjoy Ehe wee and dry sand areas of the uc�an beaches of Washington Dy virrue of a long-established custumary use of Lhose areas does iIOL presenrLy extend to such ocean beach areas as are within Lhe exterior bou..darles of Lhe QuinaulL ,indian Reser- vation. December 14, IviO HonoLable JonaLhan wnetzel State RepresenLaLive, 43rd DiatLict 1411 Fourch Avenue Buildi.,s CiLe as: SeetLle, Washingeon 98101 AGO 1970 Ivo. 27 Daar Sir: You have requesLed Lhe opi..iu., of this office uu a querLion which we have subdiviaea and pa,aphLased as follows: (1) WiLhouL regard Lo any other p&operLy inLeresLs or rights the state may have_ does Lne puDlic ha.,e the Light to use and e..juy the weL and dry sand areas of the ocean beaches of the state of WaahingLon by virtue of customary use? (2) To the extene LhaL quesLion (L) is answered in the af- firmati,,e; does this CU11CluaiOM presenLLy apply to such ocean beach o&ea5 as are wiLhin Lhe exLerior oounaaries of Lne quinault India„ Reservation? We answe, your first question in Lhe affirmaLive as expiainea in our analysis, acid your second question In Lhe negaLive. ANAi,xax.D Van sante Jonatha,. Whetzel -2- AGO 1970 No. 27 ly your letter you have limiLcO YOUr requebL Lo rhe appli- ,Gatio,. of the do4Lri„e of cubLamsry rights LU the ocean beaches dot Lhia state. AccoLdingly, we will naL discuss in chis opin- a 10„ a►ry of Lhe oLheL r-heoLieb which might also support Cne right. of the public Co the free use and enjoyment of the ocean beaches. Likewine,.consiscvnE with Lhe limiCaLions expresses L,, you,. que5Lion, we shall noc deal wiLh any oe ier area or the ,,Catesave Lhe beaches of the racific ocean, from Cape DisappointmenL SL Lhe moUCh of Lhe columbia ni.ver norCn Eo Cjpe F1aLLeLy. Furthermore we shall noL deal wiLh any ques- tionb of LiLle, noL of Lhe iocaLion of the line dividing cne btaLe owned Lidelands from Lhe uplands wnetner in private or public owneLbhip. We shall limit ourselves, in other -oras, ,,tricLly to discubsing Lhe public's customary use of the ocean haacheb, and whether such ase can be enjoyed rree from any htL.drance or resLriction on the cart of vrivate la.,downers. yon have askew whether the vublic aujoy "the wet and dry sand areas pn=poses ai Lhis ot.inio . we aaoFt of the areas concerned: jeL Sand Asea - That aLea c on a regu as, daily basin; Lhe lina of mean high Lide . ham the right to use and of the ocFa,, beaches.” Fos the full-wwing dafi..itio.,s ver which ehe Lide ebbb and flaws geneLally below, oL seaward of, DKX Said ALea - Tha L area lying be Lween .he line of wean high Lida a,, the line of peLuianenL visible vegeLatian. your. request, as YOU poi„L VUL ir, your LeLLeL, in pLowpced by Lhe receLse decision of Lhe Oregon SupLeme CourL in SLaLe cx Lel. Thornton v. Hay, 89 Oie, 887, 462 P. 2d 671 (1� at case s, t are ore, the logical jumping uff pui..t in our diacu35i0.9. IL, Ham, th- Oregon Suprema Court atfi..►,,ud o decree of the Circuit Court for Clatsop County anjoi„ing the aefenaants Hay f.z7m, constructing fences or other i.urro:,c- menLs ”. i. th� or arca between the sixteen -root Lhese areas have -.ever peen nett-.eD 0, Eno wasningLon courts. We LRKe Lnese aeriniCions lroz-. a varieLy or sources_ but principally from the rar case, supra, The uregon court's decision in nay is presenLly ander aLLack on constiiurionaL grounns in Lne United bLaLe5 uistricL Court for Lhe ULsuricL or uregon, in Hay v. nruno eL al._ uSuC Ore. Civil no. 68-300. we are, nowever, con r enL of validity of CnaL decision. ri:irLnermore, aLLnough we rgly heavily on that Decision_ it is not essentiaL to Eno contusion reached herein. ri able jonathan WheLzel -3- AGO ly/u Nu. 21 ,,tjon co..tour l*ne anu the ora,lnary high -tide line of Pacific Ocea,.;"_ un the basis of the nnglish docLrine Of I.. essence, the OL cgv.. Supreme CourL held Lha C 0�E Lhe public had cur tm.a L i 1y ano Nabi tua L JLy used Lhe thus of the Ncific Ocean in that state as a public recrea- 0sl aLea at least since the advent of recorded hisLory iii ppcitit Northwest, 5ach use nad Lipe„ed into the sLaLUS raw: applicable a1Q„g Lhe entire c aa3t of the state of o„ roil Lhe mouth of Lhe Columbia River to the California 1eL cr@ pLocuzding further, we ahculd note the RisLorLcal facL ;he public use of the beaches which the Oregon supreme it found Lo e,%i5L. The court said: "Li order Lo explain our rea5o„5 for af- firming Lhe Lrial courL's decLee, it is necessary LU seC vaL in some deLail the hisCorical facts whLch lead La vuL cun- cLuslon. "ine cry -sand area in Oregon has been eki- joyea oy Lhe general public as a recrea- cionai aejuncL of Lne weL-sand oL fuL2- snore area since Lne beginning of Lhe 5zate'5 t.olitical history. Lne firsL zuropean seL- tlera on these shores found Lhe aboriginal The 16' elevaCion contour line is Lhe lice which ie in - a ded Lo correspond Luughly wiLh Lhe line of ve5etation, and beyond which permiLs aLe LequiLed faL a..y construe - tion under OnS 390.640. OAS 390.650 and ORS 390.7/0. 1n Oregon, as in Lhis 5 Late, the actual "tidelands ;” wnien coLrespond generally to the wet sand ales, are owned by the State. The CiLcuit Court for Clatsar County nad reached Lhe same result, but based on a theory of prescription and Lha5 applicable only to the propercy before Lhe couLL. The OLzgu.. Supreme Court, while noC rejerring Lhe pLe5crip- tive eaaeme..t theury, , .referred Lne docLrine of cu5 tom because 'doubtful prescription cases could fill Lhe couLts fol yeaLa with tract -by -tract LicigaCion. An eSLabli5hed cumLam, at, the ether hand; can oe proven with reference co a laLgeL reglun. Ocean-fLont Lancs from the norLhern LU Lhe souLheLn border of the state oubhc Lo be LreaLed uni- fvL„1ly. " (462 P. 2d at i;.676.) Hanarable Jv..atha.. Whztrel -4- AGO 1Y7u No. 27 iuhebiLa,.Ls using the foreshore for clam - digging a,.d Lhe dLy-sand a+ea for their cooking fi.Leb. The ..ewcomers conLinued Lhese cubLUUM afLe1 atatzhuod. Thus, from Lhe Lime of Lhe eaLlieat settlement La the present day, Che gene,al public has as- sumed thae [he dLy-sand aLea was a parr of the public beach, a„d the public has used the dry -sand area fUL piL,.i�:a, gathering wood building waLiiii.,g fiLea, a..d generally as a�headquarterb fLom which to au,ervise chilUren or LU raitgC oat oveL the foreshore as the rides advance a LecEdz. I.. the Ca .... un Beach vicini►.y,Y—Jbtat'c a..d local utficFLs ha -,we policed the dLy sa..d, and municipal sa..itary crews have aLteMpted tc. keep the aLGa reasonably free from ..a. -Wade litteL. "PeLhaps o,.e exvlanation for Lhe evoluLiun of Lhe custom of the public Lo use Lha dLy-so..d aLea fu, .ELLzational purposeb is Lhat the a..ca could not be used conrenienLly by iLb OwucLa for any otheL purpose. Tne dry -sapid aLea 1a unbLable in its seawaLd bounQari.es_ Mlbafe during win Lel s 4orma , a.,d for me mob L pa L t unfit for Lhe co„stLuction of peri[maneur sLracLures. While the vegatation line remai,.s relatively fiAcd, the w�_atern edge of Lhe dLy- sand area ib subject to & amaric moveb eastwaLd or wesLward in Lcspo.ISE to erosion and accLe- rion. For example, evidence in rhe Lrial be- low i.ndicaLed LhaL between April 196b and AagasL 1967 Lhe aeawaLd edge of rhe dry-saA area involved in this litibacion moved webL- ward 180 feet. At -they points along Lhe shote, the evide..ce snowed: Lhe seawaLd ed5e of the dry -sank area could move an Equal ois- 10 zance to the east in a similaL peLiod -.f time. (462 P. 2d at pp. 673-674.) 5 The Hays' proverry is located aE ,CO....Va Beacn, in ClaLsup County, OLFaon. t. ,o„oj:ab1E JOLlathat, Whetzel -5- AGO 1970 Pia. 27 yne pablic ' s use of Lhe ocean beaches in Chis s La Le has been ,absLanr.ia 1 ly Lhe same as Lha L found Lo exis L by Lhe Oregun Supreme Cour c on Lhe beaches of Lhar- s ca ce . The fac L of such ose, along wiLh iLs nature and continuity, is a matLer of juch general public knowledge in Lnis_sLaLe, 9haL we have no gesitaLion in Laking notice of iLs ex�.sLenee._ The requirements for Lhe applicnLios, of Lha doctrine of cub - CM are seL uuL in 1 BlacksLone_ CommenLaries 75-78. They ca„ ae sammarized as follows: A cusLom, in order Lo achieve the scatas of law. musL be ancient; conLinaous_ peaceable_ reasonable, certain= general (Lhac is, obli aLory an each -ember of a class to which iL has reserence), and noL re- pag„ant to or inconsistent with other customs or atner law.- Tue public was of the wet a.,d dry sa„d a«eav of the ocean peacne3 it, this state u,cEts those LequiLumG„ts. The customar, Puolic use or our oeacnes is ancient. In Mki..g this statement w� are aware thac some znglish courLs havz indicaCea tnaL a casLo.u, Lo be applicable as law= masL ha.,e exiscein from the Li.a.e of Legal memory in Lhe BLiLish Is17.s, or the commencement of Lhe reign of nichard I_ Lhe yeaL 1189, (see; Mounse v. Osma _ L59 nng. KeprinL 621) bUL such s .ule is obvrous , inappropriace in a naLi.ou which has «ot yet celebrates the c00th anniversary or its poli.Lical exisLerce. In that }erarn we think the reasoning of the Oregon Supreme CouL t i., 1!2X7 - to ne mores correc L . jna L c our L said: 5 One element of thu doctrine of custum is its carabiiiLy of being noticed without proof. See, 21 Am. Jur. 2a_ Custams and Usages, 9 1; Isaacs v. BaLbe,., 10 Wash. 1247 38 Pac. 871 (1894). This office has previously taken notice or local customs. In AGO 1897-98, F. 19c, i.. nefinrng Lne easteLn limits of the Straits of Juan ae ruce. we Look no- tice that the Straits; "n, Local cusLam, are generally_pre- sumec co negin iz;—...esia Le Ly west of vic Coria Roads Lead .'' 7 she modern commenLacors agree subsCBnLially wiLh Blackstone. see, 21 nm. .,ur. 2d, CU5L0mb and Usages, §§ 1 LhLough 10; 6 rowel, rceaL rroperty_ 1 934. The Oregon cvurL in Ha}t, supra_ adopted Lhese requiremenLs_ and found each Lu have Fe—en satisfied. , Saoolabte Ju..atha,, Whetrul -6- HG0 1971) No. ZI ''. I„ any event, thr recorn in Lhe case aC baL saLisxies the Lequireme..t of anci- quit.y. So Lo►, as thele hsa bee.. an insci- LuLional 4e s stem z -,f laj,dtet.0&e in re an Lhe public hab fLeely exrciped o ight co use Lhe r' -ba„ a Lep up atid dpwat—tti-ce 0} a on coast for Che recreational Qurpoozg tLutud. earlier In L its opiniatj. Emp as 3 supplies.) ac -fna Oscgo.. cu41t further said, in recvg,la.Ziug attd rc]ect�ng the aLgume..t that the Voctri.ne of cuSLo,n was ivapplopriate be- cBase of tha relative you to of [ha c s ca Le : "On the acote of the nreviLy of our politica 1 history, it is true tnac cne nnglo-AmeLicait legal system u,. this conLinenL is Lela Lively L,cw. Its newno3a has made iL passible foL govCL.,munt t:, p.oviae for many of ouL institu- tions by wAtten law ratner Chan by tuslomaLy law. This tLuism does noc, however, militate against the validity of a custom when Lhe cusLom does in fact =xisu. if anLiquiLy weLe Lhe sole test o7 va i ity of a custom, Oxegonian3 could satisfy cnac requitement. by Lecalling that the r.uropean seLL1eL5 were toot the fist people to use Lhe dry-Sp,td alea as public land." (Gmpnesis supplied.) (462 P. 20 at pp. 671-678.) jLhe OLegon court's preference Tor a less rest.Li4Live defiL.l- Liou of ant.iquity fi..da auvporc from Lhe UuiLed Slates SaFreme CaarL. I„ Lhe eaLly Laze of Strother v. Lacab, 37 U.S. lL2 rel.) 410, 9 L. ed. 1L37 (1838-Y; the court_ it, conbt-&uing deeds Lo land situated in th. city of sL. Louis, granted rr1wr to Che Louisiana Putcha3-, a,.a based in part. on local customs which were followed curing bpanish sovereignty over the area, avid ". in Lne Lerm 'laws' is includea cusLom ana asage, when once set.Lled; though it ma be 'comparaLively of recenL date a.d is naL u,.e of those ca Lhe CDn[LaLy of which the memw&y of man ranneL nut.. Emp asis suPe �e u.zo. aL 35.) The requitemants of concinuicy, peaceableness, reasonauleness, .pmarable Ju„athan Whetzel -7- AGO 19/0 Nu. Zi 0er Lainuy and geiieLal«e�s are aaLisfied. We have pLeviously :syei ..ocice of Lhe public's habitual use of she Wet and dry ,ends area of Lhe ocean bEaches from. Lhe Lime of the ea,,liesL s`t,.lumenL of Lhe Pacific Northwest to daLe. Such use has bee„ continuous' LhaL is, it has bee.. exercised "Without an "8 �[@rLu tion caused by an une possessing a paramou„t Light._ 2 P. r1d at p. 0/7. Suc ase has bee, peaceable: LhaL is, no member of the ptb lic has eveL bee„ LequiLed co resoLL La bur. peaceable ..,eans Lo parLicipaLe in whatever recLea- ,jt;nal et,duavuL ha desired in Lhe Wet and dry sand areas of Die beaches. The public's use of Lhe aLea concerned has been Feasouable. It is clear LhaL Lhe most. appLop..iaLe ase of Lhe beaches is as a public recreaLional area. A c,..sLomary use eonsisLent with that arpropriaLeuess clearly satiszies Lhe =equirewent. of reasonableness. qe fi„d 6oppoL t for Lha L sLa Lemen L in legislative expressio., . in adop..iL,g the Seashore ConservaLiun Act �chapLer 120, Laws of 1961; RCW 43.51.-030-6857 as ame„ded by chapter 55; Laws of lv69, Ex. SEos.), the legislaLure said, in RCW 43.51.650.• "The beaches pounding Lhe Pacific Occan from Lhu Straits of Juan de Fuca Lo Cape Disap- poi„tme„t at the mouLh of Lhe Co Lumbia River conseitute some of the lasL u„spoiled seashore remaining in the UniLed SLaLeb. They p,.oviae Lhe public With almost unlimited uppoLtuni a es for VeCLeaLional activiLies, like sWiLLUL$inr surfing and hiking; for outdoor spoLta, like nunLing, fishi,,g, clamming, and boati,.g; for Lhe obseLvaLio„ of nature as IL existed fur nundreds of years bzfore une arrival of white men-, and foL relaxation away from Lhe prea- sures and LeL,sio,Is of modern life. IL, past years- Lhese recreational acLiviLies have been enjoyed by countless wasningLon citizens; as well as by tourisLs from oLheL stats and countries. i ne number of people wishing zo participate in such Lecreationul activities grows annuaLly. This increasing runlic pres- su}� maeces 1L necessary that the scaLa dediLate the use of Lhe ocean beaches to public Lecrea- tion and Lo provide certai.. recreaLiunal and sanitary faciliLies. Nonrecreacional use of 8 The intaLLuption of Lhe public's usz of Che beaches Within Lhe Quinault lnaian neseLvacion will be aiscusbed in our analysis of Question (2). I."oLable Jonathan wnetz-1 -8- AGO 1970 No.27 Lhe beach ,,,µst be 15LrICLly limited. oven recreational us25 masL be regula Led in VL - der that Washington's unrivaled seashore may be aa..ed fai uur children in ,,,µch the same for&,, as we know iL today." RCW 43.5L.655 establishes Lhe WashingCon state seashore con- ,ervaLian arta bet,Kee„ Lhe lines of ordinary high tide and e„treme low tide, or, where applicaole butWGcn the seashoLe cv,.servatiun line and Lhe line oa extreme low tide,y RCw 43.51.665; which provides for Lhe princirlea to be fol- juwed in aami..istering Lhe seashore conservation PLea, stales, in pertinent part: °'. . . Where feasible, the area shall be preserved in iLs present atate; every- where iL shall be maintained in the best possible condition zor public use. All forms of public outdoor rec&uatio., shall be peLmiLLed and encourased i., the area, unless specifically excludad or limited by Lhe commission. While thz pLlums y puL- pose in Lhe establishment of Lhe aLea is Lo preserve the ceaatel beaches €oL pablic recreation; other uses shall be allowed as provides i,. RCW 43.51.650 LhLough 43- .51.685 or when found not ima ansisLenL with public recreational use by Lhe Washi.ngcon state parka aL,d reclealion com- mission." The requirement of certainty i3 presenL. IL is satisfied bosh by Lhe lengLn anti continuity of Lhe public's use of Lhe beaches, by Lhe numbers of Feople so using Lha area, as weLL 9 The seashoLe conservation li.,e is a line, agreed Lo by the upland properly owners ana aux-veyed and monumented by the WashingLo„ sLaLe parKs a..ti recreation c.,u„„mission. IL genelplly palalleis and lies siightlr i.,land from the line of visible Sege La Lion. Lne seashore co•,aervatio„ ULM has been esLablibhed on Lne Lone Beach Pe.,insula it, Pacific county, and at one location in th-e vicinity of Ocean CiLy in GLayS Harbor county. LL is established by couldinaLes and is LecoLded wiLh Lhe appropriate lzounty audiLUL. See_ Bonk I of PlaLs_ pages L thrM„gh 13, Records of Pacific CvunLy, and Vol. 51, page 457, Records of GLays HaLbnL CounLy. liu„oLable Jo.,atha.I Whetzel -y- sb by the charac LeL of Lhe land iLbelf _ which ab a prac Lica 1 ratter limiLs Lhe use Lhereaf Lo recreational purpobeb. �,e public's use of Lne ocean beaches of our sLaLe as a ,a,,tur of right has' been general. Its quality has been Lhe �aWa throughout the lengtn of Lhe seashore of Lhis sLaLe, and „o i.,dividual landowner has ever felt free to exclude the public £,om the day nano area f,,tinting on his property; },o= ate we awa,c of a„y uthe, action taken by any individual landowL,E,, which i„ any way ev=d«.rEd a nonrecognitio., of the public's rightful use of the wat Q„d d,y aa.,d a,eas ,rrouLi:,g o„ his pLopeLty. xhe public's use of our be, -chez is „CitheL LEpugL,aL,t tu, ,,or inzanbibLeuL wiLh, auy ocher cubtum our law. RathcLI it is entirely coL,sisLenL wiLh, and iL,deed in part based upon, sLaLuLeb which have been a paLL of the law of Chia BLaLe bii,Ce Lhe Lur„ of Lhe centuLy. Sectio„ 1, chapter 110, Law,, u€ 1901 (RCW 79.16.1703, Leads as foilowa: "The ,,hoLe and beach of the Pacific Ocea,,, including the area oL space lying; abuLLiug OL fLonLiug O„ baid uvea„ and be,.ween oLdinary high Lide a„d extLeme low Lide (as such bhore aL,d beach now are or heLeafLer may be) from Lhe CU1,w„bia Rive uL Cape DibappuinLmenL on Lhe south to a poi„t Lhree hu„dLed feet sLutheL-ly fKom ,.he souLh line of the goveLnme,.t jetty on Peterson's Point, stare of Waahi„gto., u„ Lhe I,oL Lh, be and Lhe Same ate heLeby ft- clared a public highway foLeveL, and as such highway shall remain foreveL open to the une of the public.” Section 2 of the same act (RCW 79.16.171) pro;,ines tnaL no part of the lanaa menticnea shall ever ae sola; conveyed, Leasea or oth.r-ise ois.os�o of. B, 9S 1 and c of char ter 105 Laws of 190L (rtCw 79.16. 160 - .L61), the same declaration was mace applicaole Lo Lhe area net,.een Damon'q Point an the north siae oz the entrance Lo Gaya Ha�bur; to the mouth of the que'ets River; and ny SS 1 a„d 2 of chapter 54, Laws of 1935 tRCW 79.16.130 - .140) Gum the mouth of the q ueets Rive, no,th to Cape rLaLtery. 41 HU&LO&ablu Joaaathan Whet? I -10- AGO 1910 No. 21 The legislature reaffirmed Lhose highway Le5GLvations by i 1, chapLCL 212, Laws of L96j (RCW 19.16.112), which reads as follaws: "ThaL partion of Lhe public high- way as esLablished by chapter 54, Laws of 1935_ chapLer 105_ Laws of 1901_ and chapter 110_ Laws of 1901. lying between Lhe line of vegeLa- Lion and Lhe line of mean high Lide, as such lines now are or may here- af Ler be, is hereby declared a public recrraLion area and is here- by sec aside and forever reserved for Lhe use of the public." While iL is Lrue LhaL Lne legislature_ in enacting Lhese sLacuLes; may have held an incorreCL understanding as Lo ownership of part or Lne land involved (see, na hes V. washin Lon; 389 u.D. 2900, 19 L. ed. 2d 530. 8 S. CL. 438 (1968)}; it is also true Cnat in so aCLing Lhe legis- lature is presumea to nave had in mind Lne immemorial customs of Lhe peopLe or Ln -15 stale. bee&reeger's ns r -a s<e ; 277 ra . _)26, L2 i A. L09 (L923). in -'our state supreme court's decision In the nu hes case Cited above, char- court, in dictum_ reacned r- e same conclusion when it said. "It was not until the laws of 1901; ch. 105, p. 217, ana cn. LL13, P. z25, Lnar- the ODLIC'S Interest In tide and shoreland received legis- laLive recd niLion." nu hetes _v. SLaLe 67 Wn. 2d 799, 806: 410 P. 2d 20 (1960); rev'd. on ocher gLounds, 389 U.S. 290- 19 L. ed. 2d 5301 88 S. CL. 438 (1968) . Thr CuuLL iLL Hughes_ teem s cleaLly Lo have been Uayiug LhaL in 1901 Lhe legislature, in enacting the highway resaLVaLions, was merely declari,,g what already e^isted as a public Light. go«uLable Jonathan Whetzel -11- AGG 1970 Nu. LI li The public's Lights in the ocean bczches have received .,ore Leceut. legislative ,e,-og►.Itiun. In the seashore conberva ciuu ac L, cited aa,d discussed ca..lier in chis opinion. Lhe legislaLuLe agafa, Leaffi&%,,ed said rescaLed the public'b Lime-honoLed Light.s to the use aa,d enjoymenL of Lhe ocean beaches of Lhib bLace. Its no fpm as it dealc with Lhe public's use of Lhe ocean baachea this RCL WUsc also be held Lo have been meLely declaLativz of ' a..isting righLs. Fist, 1 8, cnapter 55_ Lawb of 1969, E.%. Seas. (u,.co0i- tiea), rrovides LhaL: "No provision of Lhis 1969 ame«datuLy act shall oe consLrued as effecLiL,g any ri-aLe or eublic properLX rights -1 tEWK—;sis supplied.) Secondly, we must keel, in mina the rule of law alLeady alluded to, that the le5is is Lure when ac Liiig is pt. esumed Lo have in mind the immemorial customs of Lhe people. Kree et. `s Estate au ra. If Lne public's use of the oceat, beachzs in this stace nas meL Lhe requirements fo, Che doctrine of custom; ana we have previously sLatud Lhat it has, then that PuoLlc ase has ripetsed into thz nLatus of is., and as such uecomes a parL of Lhe conuu-mn law of this state. S tate ex rel. Thou, tµ, v. Ha It is the &ule in th s scace; as weLl ab evrLy o1ha�r j-uLisditioa, whlzh has accepced Lhe English LLadi,.ioa,, Lhat. the common is. must ne allowed Lo bt.Hud ut►alteLed as fpr as it is consistent with a reasonable interpre- tation of any new law_ and iL musL noc be p&esumea cnaL the LegisLaLure. in enacLing a new law, intendea to make any innovation on Lhe common law without clearly mani- festin such intent.. See, Green MountainScnaoL uibLricL_ r,o. 11 v. Durkee, 56 Wn. 2 P._ 2d 525 (1960). The docLrine of cu5com is not fo,eirn to Lnis sLaLe. and iLb appliCBLio„ in these ciLcumstances is nuC wiLhouL clear precedent. in oLheL ju.isdictiu„a. Lt is fundamenLal Lhat. Che common law of England hub been rJUaaorable JO11aLhan WheLZel -12- AGO 1970 No. 27 recei.ed by, ana is a parr of the law of Lhis atatu. See, saws 1852, p. B3, 9 1; Laws L877; 3- § 1; Cede 1581, g 1; 6 1, 4hapteL D, La,,m of 18v7; anQ KCw 4.04.010, which pLFs- UnLly LCad3 as fvlluwu: "The common law, so far as iL is nal in- cousistG..L wirh thL Conititurion and laws of Che Uni Led States, o= of the s La Le of Washil,gLon „or incompatible with Lhe in- bLiLuLions and conditio,.a of aocieLy in Lhis sLBLE, shall be the rule of decision in all the couLts of thin state." Further, iLs precepLs aLe capable of bel..r, noticed by ouL cuurts. nEw 5.24.010. AL the tlm� of its reception by Lhia jL.risaicLion- CubLum_ and in particula..; the public's right to use certain beaches of England and Scutland by ALLue or custom= was a parL of Lhe E:,glish commo.. law. In Lhe earty case of amiLh v. Earl of StmiL, 6 Bell. 487_ also Le- p,-,rtea in Che Scocb Revlsed Reporta, House of Lords Series, Val. VII, p. 878 (nouse of LoLds 1849), a question similaL to ours was presented Lu Lhe highest cuuLt of GreaL BriLai.,. In Lhat case; Lhe landow„er had erected a waL1 "wiLhin Lhe beLG of loase baled” (Lead dly sand) u.. a beach in Scotland. The residenLs of Lhe neighboring town of Porto nello and of the surrounding counLLyside had ''fo., time -immemorial bee„ in the habiL of using the sands fol the purpobe of bathing, riding_ and walking, and Lhe Royal Troo-s have beep, i„ use to be exercised and Leviewed upo,, them.' 6 nell., p. 488. The House of Lords_ in holding that the wall was wrongfully erected and ordering -hat iL be LeUlUveaz said; speaking through Lord Campbell: ". Theretore, as urteL, as the ordinary spring -tides rise to iL, the inhabitanLs of rorLo-nello= LeiLh, MusselbuLeh, and the adjacenL villages, are cur off; ..oL only from Lhe means of recreation Out from Lhe righ-L of way which the, have Immemorially e„joyed. " . look=,.g :,.11, Lo Lne record, iL is wulte Ileal that the puDlic are and have on eun LiLhe e e,. u ent O these r1 ghLs. But it has b Len been held in zng an _ and Lhe doctAnu Les Ling o„ mound principles iL muF°L be equally applicable to Scotiand, LhaL a party i,L pua- sesaion, even with a doubtful Lille, shall be bo},orab le 3o..a thp.a Whe tze l -13- AGO VI I O No . 21 protecLed against a wrong -doer by a.. in- juncLio►t. ThErefore irrespective of the righL Uf the Clown to Lhe propeLLy of the sea-bhore, and without toachi«g the gues- Li.on wheLheL the sea -snore exLendb to the flood -mark of ordinary spLiug-=ides, UL only of neap -tiffs, I am of opinio« Lhat, DV reason Uf the easement enjoyed by the u is over a locus in c ao rom w e they 'u� are iiow exc, the f cexb o Care had a Light to aFpiy for Lhib intel- dicL, and LhaL it was properly grauLed in their favour." (Eri,phaais supplied.) (6 Bell. pp. 499-500.) L11 another English case, decidad subsequenL Lo our state- n-uod, the E..blisn CaurL of Chancery recognized Lhe right of �� a gLoup of fi.hermen Lo dry their nets on rhe "beach gLUuna next to the foresnore, based a,, long a,.d cu5Lom$ry use. Dae, Mercer v. Denne; 2 Chancery Div. 538 (1905). The dvctri..e of custom is tioL unkno...t to the courLb of thio state. Its Lecogni.Llon in oLhi�r circumstances is, in fact, ab old as the atate itself. In the es,.11 case of Thu," v. Tenew Ditch Cv., 1 wash. 566, 20 Pac. X88 (1889)=Te-Med u ue months efore washingLon became a stale; Lhe TerLito..ial Supreme CouLt fo„no Lhe doctrine of pLimr appropriaLio.. i.. Lhe field of .ater rights Lo have been bases on a local c-a- Lom adhaled to by aLL in Lhe locality, a,.a recogni4ed by the United States, the courL further held tnat b[aLULea which E.P.M.ded the r1ghL Lo appLopriate water only Lo la.,d- owiters did nut LeutricL the right_ of plivl appropriaLio,. wheLe i.t ehiated by local CUbLoms and the aecisionb cf the courLs, where such locale cusLomz and laws extended Lhe Light not only co Landowners but to any otners who actually wade the arrropriaLion. In so holaing; the court acid, ac 1 Wash. p. 570! ".. Local customs of appropriaLing water may ebLablished by miners' meetings, or by common agreement of all Lhe people in Lhe locality, whi.h 1aLLer was its ma..ner of adoption in this case, and Lhe dzfenaanl5 canuo L claim that the doc Lr inr of .elation bhall be given effect again5L Lhis local cus- Lom_ Co which they agreed iu commonr,ith��all Lhe people then in tnaL locality. . . Honorable Jr,.,a than Whe Lrel -14 ii= 1970 No. 2 i That decision was followed and adheL-ed to it, Ibaacb v. par bel , 10 Wash. 124; 38 Pao. 871 (1894) , which helLha L : " chis state, wr at leesL char, porLion of 1L east of the Ca¢cade mountai►ub_ was included .it�ln the LerLiLoLy where'Lhe ribht to pL iris. appropria lion of wa Ler for mini„g and other beneficial purposes was recag.,=zed by the courcb and Lhe law-maxing po,wer, and that. such ri hL was esLablisned e luclic.Lal noLice Lhereof. "We therefoLe hold LhaL Lhe riehL to prior appropriaLiOLI as recognized by sal as ct of co„ rest ex sLe ab a pari of L elaws customs o L e localiLy. aupp e . The same docLrine had earlier been recognized by Lhe U„ieed Staten Supreme CoarL, again in the water law field, 428 giving rise Lo YT private rights, a,,cept as againal Lhe gover��menL..� See, Atchison v, reLarson 87 U.S, t20 Wall.) 507 f�874); and Basey v. Gallagher, 87 U.S. (c0 Wall.) 6/0 k1874) — - It is clear_ %herefore; unac aLchough the Orzgo,. SupLeme Cvule in Lhe Ha case_ supra, mai have been the fi at to apply Lhe duclr ne of7casLom in the circumstanzea hz&e pse- aeL,ted, LhaG Lhe docLrine icsei== anU the vesting of importa.,t 10 10 wash. at v. 128. See, also, Offield v. Ibh, 21 Wash. -'-' 2773 57 Pac. 809 (1899). 11 A simiLar geaiazication must obviously apply Lo the conclusion we reacn here. Although the public has used pub Lic ly Qwned LanQ a lonb the beazhes i., the same ma.I- ner as all ocher lanas; a..a thin use has been Lecogniz�d, sancLioned and encourages or lesialative a^p&essio,,, the cubLomary rignLs Lnus acquired; while secure against inLerference by private Landowners, a,,e capable of being alleged or regulaLed cy Lne state. Suz, u.g., C&uzkmu&e v. F. T. JusLice & CO.; L52 Kx. 3143 153 S.W. 738-(1913). 12 These cases also held Lnec the Act of July 26, 1866 (14 SI.aL. 253). was in parr aeclarative of exiati,.g rights based on custom. Honorable Jo.,a than Wheeze i -15- ArV 1970 no. 27 rignts, both privaLe and public, ander it, is neiLher new nor st,ange Lo Lhe courts of chis jurisaictio... question (2): rhe necua dary question which must be considered in this opinion is, doves the doctLine of custom apply in Lhis sta[e SO as to support the public's right to Lae the beaches witHin Lhe exLerio, bou„daLies of the quinaulL Indian neser- vatiUt, at Lhe preau.,t time. We conclude that iL does not. While Lhis question, was not exp!citly set forth in your L�quese, [he reason LhaL is has been raised in our para- pftraeii,g of your question, is oovioua. The public is prea- eu,tly denied the use of baLh Lhe wet and dLy sands area of the beaches iro.,tin,g DLI Lhe quinault I„ dian Reserve Lion. Although the public had long been a-custumed Lo ase unose beaches. Lite quinault Tribal nzfaiLa Council, on August 23, 1y6q, orderea the beaches fronting vn, its reaervaLion closed to all nonmeu,oeLa of LhaL cribe. Its LeapoLls for so aoi..a ELM «oL pertinent to Lhia opinion and rill Lherefore not be dlacaased. The Quinautt and Quillayuee Indiana, on July 1. 1855; a..d again on January 25, 1856; signed a tLeaLy with she United StaLeb. which waa proclaimed oy Presidenc Jameb Ducnana., a�n, April 11. 1859. ALLicle Is of the treaty provides; in par- tinenL part, as follows: ". . . shall, however, be LeseLved_ for Lhe use and occupaLron of the tLibea and banns afoLesaid, a Lracc oma. tracts of land suf- ficient for LheLr wants within Lhe Terri.cor, of Washington, Lo be selected by the President of Lhe United S,-aLea_ and nereafter surveyed or locacea and set apa rL for their exclusive use_ and no white man shall be pew. tte to reside [hereon withuuL permission of the tribe and of Che superintendent of incian affairs or Indian agent. (Emphasis supplied.) 12 SLaL. 97,L. Pursua..t to Lha i: Lrea Ly , Preside„ L GranL, by Exec. tive Order da Lea November 4, 18/3; withdrew from sale a.,d reseLved for Lhe use of the Indians the presenL quinault Indian Reserva- tion. Thai Execueive Ox-deL ,.ead,_ in pertinent pare, ps fo slows : nuaorable jonarhan WheLzel -16- AGO L9/0 No. Z/ "In aaco.danwe ..ith the p,cviaio..a of the treaty with the Quinaielt and quillehute I,.dia„5, . . . it is heLeby ordu,ed that the foll-Uwi„g tact of zou„tLy in Wauhington TeLLitoLy . . . ba withdrawn fLum salt ana set apaLt foL the use of the Qui„aizlt, Quillehute, Hoh, Quit, a„d othz& tL-ibeu of fish -eating India►,s ot, the Pathic roast; viz: Cummenci,.g un the Pacific cva s t at the southwest coLner of the pLese.,t reaeration, . Lhe„ce due east, and with the line zf said 5uLvey, 5 miles to the southeast crr..er of said LebeLve thus established; the„cu in a diLecL lithe Lo the most southeLly e„d of Qui,iaielL Lake; thence not theL ly around the east shoLe of Said lake ca the nuKthwest poi,« LheLeof; thence in a diLect line to a poin L a half mile north of the Quee tahme RiveL and 3 miles above its wouth; thence with Lhe cuuLse of said LiveL to a point o« the Pacific coast, at luw-water "bark, a halt ujile above Lhe t1outh OF 5wid L vcr; Lhe«ce southerly_ UL low-waLeL maLk, alo.,g Lhe Pacific Lo the lace of eg k,n ng.” (Emphasis supplied. 1 Kapp. 923. Lhe Germ "low waver mark.” as used it, India, tLeaties and executive orders_ has been defined as Lhe like of extreme Low tide. Dee_ orders, v. zdwards, 188 Wash. 467, 52 P. 2d 4 10 (Lv36). ihar line is Lhe seaward bouudeLy of the q,.inault Reservation. gee, aLSo, U.D. v. Moore 6Z Fed. S..pp. 660, aff'o.; 157 F.20 760_ cert. en.. U.S. 827, 67 S. Ct. 867, 91 L. ea. L277 (u.4.w.u. wn. 1945). There is no doubt then from Lhe language of the Ewecutive Order Lhat Lhe beaches, including Lhe tidelands, of the Pacific Ocean were included within the exteriv.. bounaari.es of the LeseLvation set aside fo& the qui.,ault Inaians. The effect of that Enecutive•Order was to withdraw those 1a.,d5 fLom the public Boma=.., and to reserve them for Lhe ex- clusive use and occupab.cy of the Qui,.ault ana other named I„dia„ tLibes. If the public had pny Libhts in the beaches fro,LLi„g o,. the Quinault Re5eL vation on Novemaer 4, 1873, those Lights weLe extinguished by that Executive Order. In McFadden v. Mountain View Min. & Mill Co._ v7 Fed. 670, rev'd. tin of eL gLo" a, 180 U.S.S. Ct. 488; 45 u. ed. 656 19th Ci... 1899), the court, in holding inter aLia_ that a nonarable JvnaLhan WheLzel -li- i%GO lv/0 No. Z/ mining claim could not be filed ,ithln the buundaLies of a„ I„diau reservation, indicated that tha effect of Lhe establishment of such a retie.7vatiun ". . . was Lo exclude all i„trusion upon Lhe uerritox.X thus reae&.ved by aiiy a,: EVeLy VUKbOn,OLher than the -Indians uL whuse benefiL ITP LeseLvaC on was made o,. mi..i.Lx 03 we as OL el uuLuo,es. _ kzmpnasis su,,Llud.) J/ Fed. aL p. 673. See. also_ G66un v. Anderson, 131 Fed. 39 (9th CiL. 1904); Morris v.' H [c cot _ U.S. 384, 24 S. CL. 712, 43 L. ed. 1030 (1904). 29 Op. A.G. 171 X1924). Subseque,lt Lo Lhe estabLishmenL Of Lhe quinault Reselvatlon, any activity by nonmembers of Lhe Lri.oe within the boundaries of the reservaLion. in- cluding the beaches, mss t be consid ned Lo have been carried out au the sufferance of the Liibe.— In sarins this we are mindful of Lhe facL LhaL g 1, chapter L05; Laws of 1901 (RCW 79.16.160) and ! 1; chapter 54, Laws of 1935 tRCW 79.16.130), discussed earlier in GnLs opinion; and dez1ari.ig cuLtai„ beaches a "public highway forever and as s..th highway shall Lemain forever open Lo Lhe use of the public,” incl,,ded beaches franLing an the quinauLu Indian Rese,.vation. As Lo Lhabe beaches. however. we must concLude chat these statwtes had no effecL. The quinaulL beaches were la.,ds over which our state legislaLure had no jurisdic- Lion o4 zo.itrul at Lbe Lime iL spoke. They were nvL a part of the public domain ar Lhe Lime WeshingLon became a sLate in 1889, and nv rights Lo Lhose beaches. or Ltoelands, passed to the state upon its admission to Lhe Union . They were 13 This conclusion is supporLeG oy an opinion of the soli- ciLol of Lhe department of interior, says„g: "Over tribal lands_ Lhe tribe nas the rignts of a landowner as well as Lhe rights of a local government, dominion as well as sovereignty. But over all the lands of the rebervaL.ion, whether owned by the tribe, by members Lhereof, or a, outsiders, the tribe has the sovereign power of rete;mining the conditiun3 upu„ which persons shall be permitted co enter its domain, to reside therein, and to do bu5ines5, pLovided only such determination is conbisLe„L wiLh ap- plicable Federal laws and does noL infLinge any rested right3 of persons now occupyi,Lg LebeL- vatZon lands under lawful auLhoLiLy.” 55 I.D. 14. 30. 14 LhaL was, in fact, he holding in U.S. v. MooLe, 5_upra. Huj..uLabl,Q Jonathan Whetz, I -18 HGD 1910 No. 1/ owed in fee by the United States of America, a,.d held iLL LLUsL tot the exclusive use and occupQtiun %-if the Iridian LesidenLs of the Qui..ault ReDEL Vatio... Nothing chili SLaLe'S legislaLULe did, or could do, could in a.._, way a1LeL LhaL 6tncUs or diminish the Lights of the Indians wiLhiL1 Lhe L@seLVaLion. In U.S, v. MOULc, su L -, that ques- tiun aLOSe iL, a similar vein_a quotF Lom the la.,guare of LhaL couLC in its opinion: "IL is Che contenLiun of the defendants heLein LhBL since Lhe s..ate and its sub- divisions have spent money i« schools, roads_ harbor impLvvemunLs, etc., the FedeLal government, appeaLis,g U&, behalf of L -he Iudians, aL Lhis late date ca.. ..ot be heard Lo quesLion Lhe bou.,daLy li..es of Lhe Indian Reservation. This aLgument was advanced in Lhe TaylOL case befoLe Judge Cushman_ and was veLy effectively a,.awered by him in his wriL4en decision, WheLei., he said 133 r. 2d 613] : "fine expendieure of money by sLaLa agencies ic.pprovi.ng cne naviga cion of Che riveL , Lhe roans upon the reservation, and Lhe goveL„- ment school house; and in paymenL of a teacher teaching tner ein, does noL affecL the question izi.olvea. "'The authority of the Uniced aLaLes neces- sary to the aaminisLracian of an Indian res_rvacio.. noes not ooze away or become LosL in Lhe mesh of esCoppels.' "The riehLs of Lhese Indians weLe establiahea aL Lhe Lime cheX became parties to the treat of They became fixed bv theroma a- on of 6he vres'dential yroclamation o Fe s.us[establishing the YuillayuLe Reservation a,,d anythinn that has occurred fLom what date on could in no way modifX lir alter t Csse riAhta. EmF. axis supplied.) 62 r. Supp. at P. . Nor does the YaLtial assumption of jurisdieLion over Indian Ho.,ax:pble Jo„azhan Whe[zei -19- AGO 1y70 Na.ZI LebeLvaLians by this state alter Lhe answer co this im- ,,,ediaLe question. I., 1953, Lhe UniLed DLates Co.,gLeas e„ - acted Public Law 83-280 (67 SLaL. 588, 18 U.S.C. 1162, Z8 U.S.C. 1360), )9 6 and 7 of which allowed states to assume civil and criminal jurisdiction over Inaia.,a and Indian reservations ande,. .;eLLain conditions. Warhinsto„ LCapcwded Lo ChaL feaeral act its 1957, wiLh Lhe�pactme�.t of chapteL 240_ jaws of 1y67 (uhapLeL 37.12 nCw);— which suLhorizea the assumpLion of state criminal and civil jarisaictio., uvv& I,.dia„ tribes anti reaeLvationb under certain conaitio..a. Thies sLaLULe was amended by chapLer 36 saws of 1j03, to pru- vide for a partial assumption of bLBee juristliction over all It,diaub and Indian Lesetvatio«s_ and a complete assumption of such juristliction i„ Lhose instances where a petition sig«ed by cne tribal council or governing ooay rf the af- fected tribe is prose„Led Lo Lhe governor requesting the assumpLion of the state juLisdicLion. rhe partial aasump- tiou of jurisoictio.. was qualified by Lite followi..g la..guage of RCW 37.12.010: ” but such aaaum tio„ of p jurisdiction shall nac apply to Indians when an Lheir Lribal tan -aa VL allotted Lands within an escaoliahed Indian rebervaLion and neLO in Lrus r- by the U„i Led S ca Le s or sub, ec c to a rescric tii-,n against. a liens Lian impaseC Dy the Unitud States, . . .” Further_ s 6; chapteL 240, Laws of 1957. as amenoeo oy g 6, chapLer 36_ saws of 1963 (RCW 37.12.060)= proviees; in perti- nent. par[_ �as roll- xOwa: ltao[hins in this chapLer shall aucnorize Lhe aii�nation, encumbrance or Laxation or any real or personal properly, including 15 The prUvisions or this alt have been frequently H Li- gated, and are Lne subject of a wealth of legal writing. See, AGO 1970 "0. LL, and.the cases cited Lherein_ in which we recently nela that a cou.,ty could ;gone fee patent la„d wiLhin Lhe exterior bou,,darles of an Indian reserva- tion, but could nor- ao encumber- tLibal or allotLed lantfs which were sLi1L nela in tLust oL subject to a r2sLric- tion against alienation, even though Lhe paLLicular tribe might have pecitioned fog cUmpleLE sLaLe civil and criminal jurisdictio.,, a„d such juLisdicLion had been assumed. nonorable uonashan Whetzel -20- AGO 1910 No. 27 water L; hta a..d tidelands, belo,lgi,lg to any In a1, oL any In ie,, tribe, ba ,d UL commullity that is held in trust by the U,,ited States oL is subjecr to a LestLic- tion agaiL,st alienaLion imposed by Lhe U„ited SLaLeb; or shall auLhoLize Legula- Lion of Lhe use of such pLupeLLy in a mau- ,,eL inccl,sisLenL wiLh any federal LreaLy. agreement, OL 5LaruLe or with any regula- tion made pursuane LhereLa', or shall con- fer juLisdicLion upon Lhe 5LaLe co adjudi- cate_ in probaLe proceedings or atherwise, Lhe ownership or right La possession of such raperLy Or any inLerest therein. (zmpnasr5 suppLied.) The language of RCw 37.12.060 quoted above was Laken di- xecLly from 28 U.S.C. 1360 and applies whether Lhe assump- tion of sLaLe jurisdicLion over parLi.ealar indians or a pareicular Indian reservation is parLial or complete. WiLhouu going LIEU Lhe hisLory of SLaLe jurisdicLion aver Lhe QuinaulL Reservation or discussing various insLap%es of liLigaeion which have involved LhaL jarisdicti ou 1— iL is sufficient for purposes of Lhis opinion Lo say LhaL Lhe assumption of jurisdicLion by Lhis sLaLe over Lhe QuinaulL Indian ReservaLion is presently only partial_ and Lhus is limiLed in iLs application co Lribal or allarted land within Lhe QuinaalL RaservaLion Lo Lhe s ecific areas et,ameLaced inRCW 37.12.010, Lha4 is, (l� compulsory school attendance; (2) public assistance; (3) dume5Lic relations; (4) mental illnebs; (S) juve„ile delinqueu ; (b) adop4lu'l pLoceedings; (7) dependent children; and (8� operation of m.,tor vehicles upon the public s Lree to , alleys, roe ds a L,d h15hwaya. Nothing in chapteL 37.12 RCW would, theLefoae, support the assertion of any public rights to the use and enjo,..,ent of the gUi..ault tidelands, which we a..e i,.formed nave neer seen alienated and ate still held in trust by the United States. moreover, wnile much of the dry sand area within the quinauLE Reservation has been a innate , the Quinaults, and is now h.la, freed any truat, by non -Indian owners; we cannoe sa, at this ti.a« that a.,, customary rights have 16 See, SLaLe v. ner[rand, 51 wn. 20 333; 378 r. 2d 427 '"- (1963)_ quinault Lribe of Lnaians v. GaLle her, 368 r. 2d 648 (9Lh (9LCir. , cerL, en, 387 u.a. 907 (1967). Ho.,o,,able Junatha„ WheL4e1 -21- RGO 1970 No. Z/ be«< e5Lablished by Lhe public over these aLeas. IL ib clear LhaL prior Lo 1963 no ouch Lighta could have ex- isted, biuce the dry sane area, whethE& held in CLubL OL uoL, enjoyed Lhe same status via -a -via SLaLe low as did Lhe weL sand area. By this state's parLial assumption Of JULibdicLion over Lne qui.,ault Is,die., RebeLvatio,, i„ 1963, Lhose areas which were no longeL held as LLibal UK a11oLLed land, nor neld in tLuat by the UALed SLaLea. became subject to state law. TheuLetically, Lhe,, public' right based on custom ould have begu„ to Lipen aC LhaL Lime.1 we no not decide whetheL such LighLs did begin Lo ripen ac Lhat time, no, what effect Lhe QuinaalL Tribal Council's closure of their beaches might have had if ouch were Che case. We co may, however, that a period of seven years is not sefficie.,t to satiafy Lhe requiLemenL of anLiquity_ regaralesa of the nataLe UL exteL,L of Lhe pub- lic use of these areas. Thus, even though a cubLomary public use or the cry sand Elea within the Qui„a u1L It,dinu ReservaLion "a, have begun in 1953, and even Lhough Lhe LighLs which such use could give Lice to „gay 5Li11 be Lipeningtgoday, tnaL use has not achieved the status of law L„ L�/U._ CONCLUSION In 5uuu,,ary_ we conclude LnaL the vublic, vis-a-vis the 17 To say that c..stomary public Lights immudiaLely sprang up in L963 would require the applicaLioei of some Lheory Of relatz`wn back. We have found ,w auLhorily Lo sup- port such a theory in connecLi011 with Lhe doeLrine of e custom, and we quesuion whether any exists. in LhaL connection, although the Iwo doctrines are based on different Legal concepts, we would point o cases hold- ing LhaL Lne Doctrine of adverse possession does noL apply Lo Indian eras L Lana, and that the s to tutory peLiod for holding adversely to an owner does not be- gin Lo run until land is re—,ovea from the trust status. See, e.g., Lewis v. rIDOr'e, L99 F. 2a 7zi5 (10th Cl.. 1952 and U„iLed SLa res V. nasseLl; Al F.Supp. 196 (USDC, ED Okla. 1966). 18Because Lhe quesLion presentee deals only with the rights __. Of Lhe public in general Lo use aL.a en, oy the UCePL1 beacheb, we Lake no posiLion an wha teveL .ighta, if any, pLivaLe, son -Indian owners of fee-pate,.t beach font land within Lhe yuinaulL Keservation mi5ht have tL. the Honorable Jo,,atha,, Whetzel -Zi- AGO 1970 No. Z/ pri„a,e upland owneL, has Lhe right Lu rhe free and uu- hiaJdeLed uae aJJd eJ►joyme«C of rhe weL and dry sends area of the Pacific Ocean beacheb, by virLue of a lung ebLablished cuatomaxy uae of Lhube areab. In bo concluding, we, as expLe55ed eaLliaL in this opinion, limit. ourselves specifi- cally to the weL and dry band areas of rhe beaches. We e.Lp;esb LAU UpiuiOu whaz.boever ab La wheLher rhe public's zuatumaLy }ights Lu Lhe use and eiEjoymenT of Che ocean bEaches might ex Lend inland from rhe line of vegeLaLion or if no, how faL i«land Lhobe righLb go. We wish furLher-Co µJake it peLfecLly clear thaL by chis opinion we in no way mean Lo say LhaL wherever righLs rhe public might. have Lo the free use and eajoymenL Of Lhe ocean beaches are based solely on Lhe dOCLrine of custom. There are several ocher legal LheoLies which could supporL chose rights. we have not tLeaLed Lhobe Theories in any way in chis opinion, buL tha L should L,o L be Laken Lo indict Le that none of Chose Lheorieb would apply Lo rhe area involved. Furthermore, by Lhis oViuiou we invend in no way Lo indicate LnaL Che pablic b right. To use and enjoy Lne ocean peaches Dy vircae of u uscom in any way rest.riCLs the sraLe's power, as sovereign, Lo modify; a1Ler, or regulate Lhe exercise of Lhose righLb by the public. Finally_ we concluae LnaL Lne ri,,hLs which we have to=no Co lie in Lhe public Lo rhe use ano enjoyment of the ocean beaches do nOL extend over Lne wet ana ar, sand areas wiLni Lhe external boundaries of Lne quinault Indian Keservation. 9 16 Cunt'd: use of Gne aeach-s onti5uou5 to their land_ or of the tribe Lo regulate such use. Lnau is a ynestion wnicn should be beLLled berween The quinaulLs and The fee- pacenL OWL,ers and ib noL one which affecLs Lhe righLb of the general public in Lhis scale. 19 We should add one caveaL. The laws affecting Indians and Indian trlbea are in an a'lmos L constant state of fluor a►Jd development. Fuz.J.heLmore, Lhe diLECLlon which this develap- men, will take, paJ.tlCularly ill Lhe a,ea of Lhe retained aLvereignty and governmen[al powers of Indian Cr1be5, is the almosL exclusive province of the fedeLal congLCss. By our conclubion we intend only Lo exprebb our opinion as to the s La Cus and righLb of Che QuinaulLs ill view of Lhe State of the law Luday. A bignificanL change in federal Indiax, law or policy in Lhe fuLure could dicLaLe our Leach- ing a differeLIL conclusion than the one expressed hezein. 4-4 .. Honorable ,,onaman wneLz�i -23- AGO 1970 No. 27 Because she siLuaLiun wnicn prom.ten oar Oiscumsion Of she scapus of Lhe quinauiL aeaches is present only wiLhirn 4h3L reservacion; we hare noC exa—,inca, anU express na Opinion as to, the status and rights of Lhe ocher lndi.an Lrioes , the Makah , cl..i l lay ute , and Hoh_ whose escablisned r�servationu abut the Pacific Ocean. We crust Lhe foregoing wiLL ne of assisca,.<< to yon. Very truly yours, SIADE GORTON Attorney General V�WV ° MLACHY K riunrnr E EY utr hssisLanC CLorney General Exhibit E Dept. of interior Solicitor Opiniun — Ownership of Reservation tseaehes a UNITED NATES DEPARTMENT OF i FIE inTERIOR nUR%EKu of IN13im-ut xFFAIRS western wasnLngLon Agency- rGaga: naxLUL-4r .3005 Colby Avenue xvcrqctt, x__ni-zgton 98201 Mr. James Jackson, Presidczt %(uinaulL Business Commiu6ee Labolab. Washin* ton 98587 near rs:. aackson: Real Pror rtJ agmr. rebruary 18p 1970 ror Nome ci=e Lae "AnaulL Tribe has been concer;,zit awzL veten t_was sncnin the excerror boundaries of the qUi —ZLc Ksserra- tiom ama parLLcuLarly veach lands be6.wen mean hila Clay ane the v.gec_cioe Line. The Office of Solicit.r na., wma swaying Lhis problem for some Lime and in their orizioc tnere•is oppor..uni..y for beach lands begveen mean high tide -aa vegecaLion lLne Co be*bald as uneeveloped. TAMLL XLno aLLached copy of 6be Solicitarl- oPiEzon. :ou will ii -c. Coe avLicxZor has a swrong orinion that . cZioaL ort[inance is newessary_ snoula she Cribe elec4 6o-partiwir-ce is reguLaLLog use of bench -re- i» Q-zestion. .► rough drafu of a r. or—ca oralz..azce is aeracbed. attachment_ sincereLy yours uperi ..endent J6. _4, rI% lemorandum OLS°` • nureau of Iridian Affairs ' O� ;K (Fiai rsoptrty Manage=ent) ofil.e o= cue xagional z�olicitar, Portland Beach land dist=ro...,.-a--quxz--wait aeservacLun CV r. � 1 rebruary 3, 1970 T r�i I Sometime ago, the Swreriutend-rt of cos wsazern Washington Agancy discussed with us a problem concerning [os rrocaCVLon of Che Quin- � ault beaches. The problem .resented =as Lae removal of sand and ] gravel from 6ha area be,...*= the aman—UMFtige ana Loa vegetation � Tina, co my ;afurre4 Lo as the dry-s;—.ds beach area, oy the ww=er of cue upraoag couccing rh7zrw=- At that time. _--8v5ea the SL.oriec-_aenc coat it voula be extremely difficult to ooc-zn a t-..,.wra&, Lnj. Zurion agasasc cas.s landwnsr since he was arrar- eatll taking tn- s.d ..-.a gr�ai crow Land above the mean hip tide for which he held unrescrxecEff zea Lula and, further, share was no evidence of irrerar-bL- aaffiffgas Lo "a G'&asl&ods area. We did &are• to make a mora tbororgn -cuay ci sae proolems involved in 4he protection of the beach arm- of tae %juLnouaz xeservation. The recent closure of the beaches by action of Las "inaulc Lri- oaL CMMcl1 has given us r=ou a.w undertake a mora EMMuscive. review of cne rrooLem conceruing chs prv6ec410n of the quina=Lc beam.._ west of aLL sL ■nouLn vs understood that we have concernn3 Pyr-al:oe axil, wLcn cue proalems of the pro..ectioa of the -ren -oov- Lae nxP LiM. io our knowledge, oo one has ever alarucoa Lae or The %("naulc Tribe to assert titl- C - tow LiaalanOZ vicnin cne quLunule xesR9ation, being the land between =rr.-w L, ana assn aigh Lida. The assn high tid- is the average aLcv�riwu yr aLL nigh Lines as observed through a cneaplete tidal o,cle at La -5 Tura. E,ited 0t=aas v- moo¢; 294 7.2d 830 (4th Cir. 1961); Sorax CSafoLo L,Td. V. City of Angeles, 296 U.S, 10, 80 L.Ed. 9 k1935). .a uaztea 5cates v. LalLfornia, 381 U.S. 139, 14 L.M.2d 296 k1955), ane aupplemea- Cal „ones in 382 U.S. 448, 15 L_8d.2d 517 (1966). The axecurive order of Movember 3, 1873, wbicb s■c --La= Lana for cne QuxnaulL asservaLion pure=- w the Treaty ..f JUL, L _ L323, 12 scat. 971, deserxbes the reaertation as soctiffdLns co chs Low water mark. The establishad touirt i -Bags aoLa caaL Tae saaward boundary of lands patented and allotted is the Line or iaa VMM high ride, the tidelands being retained as trioaL Lana. UuAbes v. washLagton, 389 U.S. 2909 19 L.Ed- 530 (1967)= La Esc caws, Lae vounasry ber,reen rhe uidelands tw which th- tails gas cLtLe ane the uplands ro which the individual has titl. La =r. Lae same as the vagecaclon lies. Cartainly, in the case ..f Cue Long l3)13 1 1. Sai-, g, p adj Rqularly an rhr Pairx ,}r•T.r•,s: hla?) genciy aLcrLng beaches of cbe sov6bern coast of the %juLn&uic xeser- vation, there —Z—Ud ae a viae scrip of dry -salads beach in which zae rights of the trios, as - ,=sr. can uplanQ owner, err DO-- complete - 17 clear. in paasins, we would like to call actu=civ= Co one tsse that: We have found where the vesetation lin■ vas feuza to oe the boundary rather than 4ha line of .he wean hip tid.; as mita Li wationed here only because of saga slight sixil.witl the case nigac have to cne oe&cnes or an Lnaian reservation. In the case of Eno napiLcus- y:Loa os wsnzo:a, 5.%ce o= euwaLr, 440 P.2d 76 (196$); & r-tenc -Loa•_,,, Chu c was Issuen as running sv "sa ka kai" Lalons the -alT- Tba Stat. oz UAVaLL wgLCa, sa cbe sovurraign, ulaimad orn- ershir of the tiHsianas reqs aiLUM co prssenc "kamasina witaes-_ „ o sea Lpersons familLar frauUMMU •rich a particular locality/ whotestifi.d that Eos roe ice xaL waLca oLvLMM the load ..o which the state had titlw frac rriv&C*l,-ornW Lana ss mrmblished by ancient tradition. custca= rraccice ana t:aaga ria the vageFion line. The wur.. stated. '•wn ars of the opiniaa that 'm ice ]tai° is Al.—.9 ape upper reazzes o= rhe wash of raves, usually .-,idenced vy the sage oz vegetation or vy cue 1 sae of debris lef t by the 'Wash of ss __ ane can cr ui court erred in f finding th" it is the l_-t.w..Fcion oz me snare wLth Lbe horizonial plane of wan axF vacar.'= wo 7s) The stro..s dfssent Ln Eaa Casa isLL Cbac this eras : fad:ral '_4Ues- tion vhLch had been settled bs Borax ConsoL Ata. v. CUY of Low Angeles, supra. The caav -as not appealcd to tha umxcea scar." auprss a Marc, and, in view of the rercent federal »-as, caera is LicELn Lixelihood that is mould be apWd &a atabiirhing Utis co cue pacenz5a upLanM. Auvwvar, it does indioste that ancient custom. Ana usage Ls a taecor in dataraining rifts in CUL. aLsr-C'Ma -.ea. Th- quostion then wm w Cue zollowLns in itm simplified form: U, basad ..,..... th-, waiSat of s=aorkcy, the "insult Tribe does not have Atla to the di7-rands D"M area, what rights doss it bave to vreserve and rrotect rias Deacnas agasaac ancroachmeats obstruction, and &Duna D. the indi:iasx upiaaa oraar and those who use the beaches? In findidag a swlucLm co eats question zha quinault Tribe is in no different posirsoa coin zha racific Coast states in establishic6 rigIts to this ares. Lue acar-e of ureg+an has adopted w y,wiwan aizil= to that of the SUze of aexas in establish —4 public rIPts in the any sane osaca area by 2 I 'LTi• � �� , C _e-• `,:F Nrescrip6ion and Mplied aaaiF-Lxan. ana prociMure is vor,by of rev Lew. 0, 1-155aaactarat (acts 56th Legisla6ura of TQxas 1959. 40 C111-3 s—ne . -n. Ly, P. LGa; vernon's Ann_ Civ_ S6. art 5415d). Taxna affi.—a toe :xgat or the puvlic Lo use "ceriwain stat* owned beaches or Lara..- a.eas axcenaj.ng xroo the 1Laa of masa low tida K� to the lin■ aF vo6at-txva." s_etxaa i of the &or. is an follows : "Se:c,ion 1. It is hereb., deciarea ane aZrsxww0 to be 4h4 public policy of this state that the ruoLlc, LnaivLdually and collectively, shall have tba f..z and =restrxcrM rLpt os Lngress ano egress Co and from .he state-owulM osacnes boraaring an the seaward ■bowom of the Gulf of M=- ica, or Sven Larger area banding from Lhe line of mean tow tLae to can Liao or vagataticn bordering on .he Gulf of rjaxiay., sn tae event the pub1L� has smquired a right -c,f =.w oz resent Co or over such area by prescrip..Lon, dad i�tiv-a_ o. naa reuxnea a right oy vLrLua of contin- uous rightin the publiw." The act provides chaC i4 will be an offense awminst rttoiie policy f nor anyone Co "crea..e, arecc or ConskrucC .jw obstruction_ harrier_ or r"CraLuC ox any nature whawsoevar which would in,.erfary =ica z:ae ana unrescriczea right of the public" 6o use ..ha area "ax- t@axcg prom the LLne of mean Low CLda to Lha Lina of vee,.-a%-iaa ooracrx=a o -a taw CTLs or nexz.co, = the event Lbe public has ac- inLrod a right of =-a -r eaaemeat to or over such area by pro- scrip,.ion, dedication or has .we-insd a rigat oy virtue of con- Ptinuous right in the public." The wurL of Civil Appeals of Texas held in Seaway Cow :. nzcoraey Mnaral, 375 s.H_2d 923 (1964), the,. &he act was coastzcutxoaaL ana that publ Lc rigbcs bad been acquired in as r%rticul..r aaccian a= aaaco &long tae G41f of noxico on Galveston Island bj rr.aozir- tLcrn ana tne LapLLea aaedicaCLon by Lha owner. The court b.La MAC Eno. vegetation LLne markso Cha sandy beach from Sha uplands as errectxveiy as a rence or a olufr, ana LhaL Che evidence showed mar. use or ants area oy the public was beyond the mamoa, of li.- sag area. Lne aeciaion was also to The effec6 Lha,. the use v. ■o o,,an taac the owners must nave xnawn about iL, and .ha,. such use '°without any ower ror=LLty, Ls e8if=Le216 <o e86abliab the fact ar aeatcacxon to Lha pvoLic.- Lne coaru ev.°atad: "ine act or tarowLng open property to x.he public we; with- .ut any otaer iormsiLty, is sufficient &.o establish the L Lace of nealccLLOa Lo Lhe public; and if individuals in a...=equence o: caZ.s ate, become inL reseed .a have it Wo-;.tx._a ■o, Lae owner taunt resume it." (p. 936) It ausc be kept in mina euat tha xaza.a case was a sui% by the state aWinst a ar=euiw zrI&-Z3 ower =or an ancroachmen,. upon a specific beach kmaintainine barriers r:om cue Line or vegeLaLion seaward beyond -he line of mean hiP tiaaj. Lz was not a general adjudica- tion of Lbe sca%a's rigSL uo the beaches on the 9ULf oz nexico. The ca.s■ turned =6iroly on tba factual evidence rrosencia Ua900 pages of testimony and 200 =hibits). What would have oeext cam re- sets if The beach had been an isolated beach with littlm zoiLic use, we wouxo noL venture Lo say. me oaiy co"raola case wo hairs discovered in Wash04ton is stat. v. Dlue xiaga Cilia, cc mwh.2d 4$7, 156 r.24 667 (1943), which react»• a eour:ary coaciueioa WXV-DOUL rhe axd a# = sL.tuce daclar- ins legislative incest as vuzaxaeil La cne jamas situation. The state claimed that cna ,,-blie nsa aogaira3 rruscripciv■ rigb%s in the beach north of Sg-.ttla_ to ,.tba. _izn a rigor. oz access " iL across the uplands. The court found that during the asm kr soatha Lbs public made =cansiva mea of thv prup..rt., for recreational purposes, but thaL "no public asency ever assumed a-athority over Lha baa¢b or trails leading uo iLq" The court hold: "rne tracts or Inas am quem,_-Ioa ure wild, uacul%ivaued ata unLacio-ea nonce cue use to which the public sub- le�caa rmne gates zs presuw= zo have criginarad by r_,_issiew ....a co nave eonciEuaa as s licansa naLil .uum -ct--zee crzda=ee dsseaaaes none --of the public zpublic official as.ertaa cam use so oa exercised a matter of rigfit rata -r than rri itege. Lne were continuant- no matter how long. of Enis use oy tae public cannot of itself chansa such a r}i:ilege Lazo a right in dero*muion of %b: %Lula_ Tba public is a licensee and as such could be secluded from tha whole area at any Lithe by the titla owner." ip• 671) It. would seem .hau this case turned upwu the fs;iluro of Cna scare uo overcome a rresumpuion of remissiveQess ay :hawing rnac rue users of the beach believed that th�y had a right to no so; ane .ha, %hay could not be stopped b7 the .,land owner= ana aisa oe- cause of a failure Co show that the ar.� bad beam adminu caraRt oy a public agency_ Thu %az&imny in .ha Tom. came sbwwwd Mar rne numerous persons who used Lha beach "asked permission of .... oua anu assumed Lhey had a right Co make Lha lima of the beach that 4 they did and never bed -a ar anyoaa beizb required za oDLain parmis- ssCrn." The juxy in the irr...... case also found that for more Lhan 25 yeArs preceding Lbe erection or Lae ParrLmrs by the url.....a owner, GILv—tad County had expended Fublie xunas, viLh Uhe knowledge Ana or Lhe upland owner. in ■asnzaiMLng Lhe beach frGa or debris _tie otner obstruction. The St-ta or ur-wipe nas approached the vroblem oT 1OLlowina the Tex" proccdurs of esLaolLshing public rignts 1n cue dry -sands area on the ,.heor,, yr ancieaL cuSUOu and on �•escrx rion Lad im- plied dedica6Lon as - reecuc or- long couLinuoui use by Los public. 4bapLer 601, Greb,n L.C.a of 19557 (0" 9 390.610-690)-vutALaB a sLatemeuL of public police to ,.rozecz Lha ocean beaches fvlLvWCa by the eaacLwczLL of Lha ad &= to LipiemaaL this 1n6ant= Th. L-g- Lalature recognLzed 6hs6 aver the J"ra zne public had made fro- queuL Ana uoXacerrupLed use of the omaan peaches and ..har s�cn =. wad Suriicient ro crea6e &ascmats Lu cue public Uhrougn d.a- icatlon, prescription, Baa,., or otherwim-e Ann UhaU iL was to tow ,.ZblL- i zLsresL Lo proL¢C,. and pr..arva suca =v-Gr0Su*- Snch . rigpts =..... LoagaII wLLh The S4aLe HiP".v CC=553-on for adminis- ..ra,.ion. In aaaizion, Lhe 1967 Act p..Aded teat no person could OrecL, slakes. or ,.lace anf a,.purCenance, s%.&wctuire or =provemaut r: below Lba 16.00 foot alev..cion wLLuouu a permit from the Qlegon - SLaUe aigJWay Sn&tnaer_ &Ltaa=ga Lne aaLabliskment of the MUG root elevation as 6he u,,,.er limit. wt Las beach area souPt to bw prote_cLen M been subject to �riziaism, many ■eakins a natzr-L. ooservable lana such as the vae.t-Lion Lina, nevarUheless, it goes illuacraLe Lhe effor..s of the ■taxa to establish some lin. below �+Dica Lne public claim certain rights. Enforcement of Lne Olegon law has necessitated s: ice vy Lhe Q LAL-0 in au least two iota zees. Ln the case of the States of pre on V. Fu1Lil e6 al., C.Ao. Ela. L4 -SOL (Cir. C6. of she Stat: or Oregon for Lhe Counuyof TillamaoX) _ tan sLaLa ob4ained a restr-Lning Ai order ae.iru.an awne.- wno sought Uo couse ruct a ro:a upon the beach arca. In - l.z5rn, mcision, Ube court uvbula LAe coa- s L iCu,. ionA l it- of tha L957 nes, aecLarsa Lha . the public ataa in fact acquired ripts to.—.cDip-Lisa aaaLcaLiou and prasQrirCL-n in Lhe beach area: oa.a Lnas too sL:Le was jusLtfisd in taking zee necessary action to r.oz:int cue consLLz4cCLon of the road DJ Lai aefandaam which Luterf�rwd wizn zna public'■ free use of tho beaches. The Cresoa court. rel,i� b wily ■n the Laxas decision; s-Ld ok Lhe texas acu; "IU simply confirms and ,,.otacts ri$aLs of zhe public. 5 is such rights exi■t_ was auLnorzzaa Lhe Bate to erucecL sura righLt." Dr -wing a cLo&a aaAlog)► be, the acts SZ Lha LMV 9--", thw court said _ita respect Lo Lhe Oresva statute: "LL is suEpL, a-- enaoLing act Which entpavars roe nLata Lhrough the Stara Ug[Way Cocaission co enforce e i-ar- ing rigpts. if ang, rz-aviou&ly vested in the rvollc or members thereof with r=rscz Lo beach wea_" in another easa, Lh• State of OragOu oDLasaed an injunction ataLnsz a norm owner aL Cannon Beach 1Rao svugf[z Lo exclude the rrblla r:om a porzzan oz tike dry -sands area f.vatLag ass notal. The lower court mpheld roe rigbL of Lhe sLSLe to restrrain encroachments upon the ..hea.x that Loa ruDlic right■ had been aciwira Dy prescripLioa and implied dedicative. me auprems Court, in a recent decision, up- held Lha lower coarc. brace ex ral. ThoraLv� Y. MX- sur. CL. of vregou. 89 Adv. Sheets W lu mEmewr L9, 1969), He waver cne Me - Son supreme Cour-arheld rue rKi-PLs o= Lhe public in thu dry -sans area an quiLa another cuv=..,--tine "imSILsh docLrLne of %-_uscaa.-' IL rejected tba Wliea aEULcazioa theory ZZ Lo the case at Dar &race ded=a6iou rugMires ar. Ln=anr zo dedi=La, and it ..- un- Lixely rbaL Lha landovn�. thougat Laay had anyLhfni to dedicaca unriL reaenLly. YL did not rejacc za eneory of prescriptio:. La roe acquLs LLion of public rignts in tau ars$--in fact, it h.ld cnaz Lae lav Ln Wegoo did not precleda the craazivn Of prwcria.- tive e4sam encs in beach land fon public r.=.roses; however, since rr- uriptiwu applies only Lo specific tracts run "Mubcful pre- scrirtzou —ss cou;a fill Lha courts fun years v:Ln Lrac[-Lo- tr-et iitipzrion." Instsad. the _-urr adapzsa the cissLoa Lh.... vhi= cUMU ba prawn viLh raference to a &avgar rwgiou since LhLe dry -sans area °`has been used by Lhe rublic ss ruaiic recr"6Lv=l land accoraLng so as unbroken custom ruaains baric Ln rsass as IOUs as Lbe land nas Dean inhabx6e►d_" The Orem cczrc rouna that Lha foLlowLna &.ran requzresssnts to es..ablish a fir.m were prosemy.. it..wc De aaCL=L_ •' the rLsot oe ssarcisea viLhouL inter- ruption. ." s, . -he custom &., De reucaablg and tree f rod aispuua. .•' 6 5 d. Ieaaonablenass. _ _ .." in that tba 1-..3 na. domes used -ia a manner approprULa to rhe land and Co the usages of zee com=niry." �. . . . certain=y. r" as to the bo.i..a- ari.ea and usages. S. " . . . oollgatory. . _ _" in :hay the land- o--er aaa ao opt Lon of wherhar Uo recognize she uaa of tate az.,-zw--ZM area. 7. . . _ must aOt ba r-t.:.gn=c _ or Lnz0U# 7.f CIIIL with achar cu8,.oms or with other L..w. _ . ." The cour4 sated: "rivally, in supporu of cusuoe, the record show zn_t tea cueLom of the inhabi4aaL. of Oregon and of visitar. in the staLa zo use the dry sand 7m -s a public recreation ar. is ■o noLorLous rhaL no6iee of 6he custom on the part of rr- sons buyLng lana along the shore wusL. be pressed " 1p• YM) In am, r� rvvc. my orogan case IoLlows the aswaxi case of nppli- c_tiva of AAnxv-8 1= porn acing casaa an cuarom; however, in tn. tsa...LL tn. aocci-:za or _=exenc traaLLlon, clusLoi, prac- r Lr -w ....d . =-as vim. rcavztad co co raoLLsn L&uLe and nor right of usage. As such, it Conflicts with Trio. faaeraa dacLalons zoar. esLablLsh Li6le a& the line of this wwmm hW tide= xr the uregon case xz nor ovwriurned on appeal and if the federal courts dd uoL reject the cuscom theory as contrary La federal and wwasn;zoc Law_ mere Ls no racoon .ray she docurtna of custom seb. r.vtn ab. a could nor oa wadi appaicaoie ro Lhe dry -sands arra of taw Qut.=�.1c xo�.._s�.oaa wirnoup tae ioccrine Ls derwed from English law -ad could not r.=r_r..da a eonrLaC1Lng Laaun custom, here appears to be nothing Rithin IndLim Lav or custom taat Would coafl iCL wL4h ..he extension of this doctrine to the rasaZTatLon. In fact, the Oregon Surrme Court, in niatiag tuat taw f,—=L ruo- lic had enjoyed the dry -sand area since the aasuuiisg or gine RLaL.e'z poliLLcal histo.y, sta..ed: "The f trsr European on &Mise shores fo=d tn. a newcomers con6inued these customs after statehood_ 7 'l/ -taus_ rr,,._ Cna time of the earliest sattleaent to he rr�.wc a-47. ch- scro-ral public has assumed i6haL Cha dry- :-r.d ..r -a was a Fart of Lho public beach, and Cha public has used Che dry -sand area for picnics, garhering woos, building warming f gyres, and goner -ally as a aVMquarcers from which ro Rupervus cnuIIraa or cc 7angw ouc over ram. ioresno_•s -- rna cidZ3_-dr....ee ar.d recede _ t r • 8yu) Lr_=,. anB is addads f Lt ie alearir _i..hin the authority of the quizurul,. Tribe F.o adop` �scs m-rJ rui- -nd rauutatius to preserve and protect .he beach ` areas for th- from and uninterrup6ed use of Cosa anLiLled Fc use tnm _ Althvwgb the sezward boundary of land pacenLe{d or alloLrse , is established bj federal lax aL Lha Bina of mean high Lida. Cha ript to use the beaches is govurned by local law. ShaloMlzs, 9 Shore and Sea Boundaries, vol. two, p. 453. The Meson court, in Stale ex ral. Thornton v. ray• mupra, hela roar. spa rae paolic had acquired rights Lu rhe Ory Sanas aria, ='iti rolsows caac Cne a Late has an squLLable ra.gnC co protect me pncuc LZL cue a--Joy- mmu of these rzghcs by causing the ra=V&L os xenees ana oCaer oa- sa.acles." Therefore, frog raa experience Sasoal ay the mriozrs of the mbove-"eaC&ouso ■u=es Cc rrozaet the 013=- tar raGlir. .mow_ we offer rna foLlowLng suggeseioaa and recc mmUtions to the P. . wuinault Lriae =or utie rres--,aei�.. of the beach. within the f QunamuLt Kesa—..-rxon. Inez* i. .�, haat n -e - or the quiatux4 Tribe �o adopt a eaupre- a�iv_ ordt-_--two Bettina forth the tribal ownership of the ride- laral sad the riggiLs ra=road in rhe baarhes above Lias tidelands, it■ r..licx to vrotecL &hese righLm below a particular poiaL, such as the vageta%.ion line, and iv adopt wm. onable rules and ragula- L tioua which rho Lribe deem necesaary fur such prozecztvw. Las righr, of the Cr&be to odintaLM the beaehee Xor ui use ox a1L people who have a rignz so oa upon Sao reservation arises not onlJ zroe LLS Creasy, +inorub, the land was sat ;-.id* foe the livelihood f=• or Cae LnaLanB vao were dependon, upon fishing and Lha Laking of mnmllfLan. but also from ancien& cusuum, CradiCivn, practice ana and uniaLerrupLed use of such lands for naay years uy mem, reorle. The righ&.w of the upland ownar in rhe beach*@. even tao-an d. •a, h-:- title to .fan line of mean high tide and also may nave a rlgrc of aawass to 4be water. are subvrdinaus cc the paras,o-t rigne. of others to use the beachas and the riche of cne CZ YDo to rou:x0Zablg replate the use vba=wwf. . The ordinance would wL-o dw .I..re the tribal policy of pvo&ec4iw of these rights -ad -.t forth the Dip-lemenLing roles and regulaLiaos necessary Lo -caLcrva thin. We have prepared an ordinance Ce illuarraLe Lhe t,Ya of LagtsLaLion th66 should oe asopred by Lha trib_- Lt 1.0 noL coorl.t■ use should not be adot.c.d as QrafLed_ We shaLL of rLeaaed Lo �yiva the rriba assistance in aomPL:cing an ordLnan-- =pon Lto re- qu es L . rLnaLLyS ii should be =rca mar. such 1&.•148 _•-d regularioa. cont4-1- - liag the use of the beacnce ==aar vha right of saverCiPTY is not n=,-_w..arLiy Lye rams as .be rigac or rhe rriba to exctuse or remove, the non-LnaLans from the reservati-m as courained in Atti`Le A CL trot, zLtn tae q-ULUAults of J sl, L, L8J5. The right to -emova a non-Ina—z rno rL&h[fully C....o =pon cat roswT &=icn or to rravanr a _ gpecif is ua=-L.aaLan from comine ut...r. cot reservation is a fora az punishaent of cnar, xanividual. As suca Lt za judicial in .=Sura 's LJOA, ! and under Titla IL OF Lne Civil RLpts Act az 1968, 23 U.S.C- suca individual is c=Lt Lea ro a judicLal hearsag. wdi5a V. eye r.supp. 26 (D. Ariz. 19155).HOWsve1&, this Was not mean Lhat tna rrLbe could not r=te= a gansral ordiLwnce gutting zorrb Lha con- - sucL Lor which Don-ludLans may oo excluded or removes =rom Lha res- ervaCLon. The above _„=Ld oa a Le$islaLiva act ...•a tno tribe in r- rne exercLse of its soverwigney can ■o p&vvida. nowever, when a r- tLcuiar non -Indian is ..ow=gen of Lba rype. of couaucc soroLddea �• D., the oraLnaace, Lha act of axcauding or r�..ia$ nsa u ]uaicial in —.-cu—ze ants such individual is snr.Leled Lo a k1&=+ia8 imra rha rigpst to ser forLh his side of the case bifurg an ordar Far ass ptrmauant removal and exclusion is entered. has be— izaima%ea, rhe question of encraachmaa&c by an url-na na owner into taw area Ln which Lha t.ibe has airhar Lha owaershir or Lribal rignt9 tw rTomocr. Ls a factual matter. na OaLablished aw- croachment or _vzcrucLLan upon Lha tribaLL,-owasd Tidelands wo=La Corgritutt a traapass. The facrs necassar, to establish such crm- pass would be the location on Lbe g.ound of cad lLas of mean bign IR tide as dC6ermined b, toe eaavacxou of the &..rate of all high tides T over rad 18.6 year tidal c,aL$_ the aaLure of the eacroacbcwm,6 which extern oeLow Lha line of mean nigh ride, and the parties respauai- ble th.:aror. If the alleged ene:oachmmr. or obst.....cton wMands above rnw L me of mean high tide teen_ LU addirion to th. aoova, an asses■. -.ant or tae tr.bal TLPts Ln Zia arse suet be mads. Lr socLrLne of testa., ants each rLghts are to De establish -d unser Cue us" made of such L.. -•a Dy vrhars YreactLrsion, Lneu a historx of cue over O long of Lima must D- ao4[pLle0 than too up:ana owner rerion in fact s_ca custom and proscrirtion rLZU168 La firal, estaaLLso Lhai Co exist. Lc aLso MUBU va shown how CAO aLiegad encreachme»c or ouscructiou i=re- reree wLLa Lha establi.soea use of Lhe beach_ ALL -4 -Led faGL9 cNSt do :clued to rAe specific ..rta o= Lha beach upon V 9 -'s :•. t• cnc -. �.vvawawear or oo9Lruction exiava. Lt An c:.cr�w [ or oe- ,tr=.�ti4. �- eataniis![e3 from «,e faC6/ AS ga,.hcrad and if Cie rar- son r..i—e: Cc reseay [ria NLLuaf6ion, then the mettv.- should be referrr-d to- rr«orriAta iagal acLiva. For th■ Ragam aolsca-Lor C. Richard neely AsalmEmax xxz&U=l Solici6or At. tacbmeai.t ~raft of Ordiaance l� ti� Exhibit F l-itle 51— Beach Lands •w7w Quinault Indian Nation INDIAN i:?ATIOtW Title 5 2 beach Lands Posted per November ze, xum aaesoausion eow3LvgB7 4� TABLE OF CONTENTS TITLE52 . . . . . . . . . . . . . . . . . . . . . . . . . . J- -i- . . . . . . . . . . . . . . . 1 5z. yl. O.LO Description of Danch mentis . . . . . . . . . . Z 52.02. 010 CoT.st. ,ctio.-. on Beach Lands . . . . . . . . . c az.O.s.Oiu weszruction or zeaca Lands . . . . . . . . . . 4 52.04.010 Develovment of Beach Lands . . . . . . . . . . 6 znzorcemenr. . . . . . . . . . . . . . . . . . 7 52.06.010 Business Committee Rights . . . . . . . . . . s nz.0i.010 ousiness Commirt== Enzvrwement . . . . . . . . 8 -i- rosea per movemoer Z4, Zoos Resoiuuon IFo8-109.87 TITLE 52 BEACH LANDS A TITLE FOR THE PRESERVATION, PROTECTION, AND USE OF BEACH LANus ur THE QUINAULT INDIAN RESERVATION. WHEREAS by Executive OzdGj. of Nuvember 4, 1873, the Quinault Iaidian ReseLvatiun was set aside, pursuant to the TLeaty of July i, 1855, 12 Stat. 971, as land necessam-y fog the livelihood of the "Incault Indianns cuad certain "other trxbz5 of fish-aatiaag Indians, which land inclua=d beach lands along the Pacific Ocean above the "iow water marx" ; ana wnMurNiAb, iz is generaiiy recognizes sham zne inaians or the uuinault neservation have, beyond the memory or. man, used tine Deaca lands along the Pacific Oceaaa withiia the neseLvation freely, continuously and uaaintarL-uptedly fur the purpusias of fishing and mhc making of shellfish, for the taking of driftwood fow firewood, mor recreational purposes, and othem- r..x-poses: and that such uaas Dy zne inaians of sne Quinauiz xeservamion have been as a result of zne ownership of --r-ng ziaeianaa ana the rignss estanlished ice. the remainder aL beach LanQs uy custom, mraaition, practice and long and continuous ube; and, „nzMM--0, it is necessary Lor nine peace ana weizare o= the India„b of the Quinault JM135ervatiion zv preserve_ maintain, anti protect the rights of the Lndians o= tine QuinaulL sceservatiion in the coa,tinued use of the beach lands and to adopt reasonaule regulations on the usu thereof so as to prevent any obstruction, barrrGr. Encroachment, abuzz, oa, intGLfeLCa,,cU with thw established 52-1 rosxEa per novennner 24, ZooB Resolution #08-10"7 use of such reach lands, and t% L,Lvvida foL the unfcrcemenL Lher=of, NOW THEREFORE, the Tribal Cousscil of the Quinault Trine Goes or5ain as rollows: oz.01.010 vescriRtion cr aeagh rands "Beach Lands" aumans any lands suawaxd of the line of nutuLal Yegetatioss along the racific ocean, bezny the cxt4EmE seawa,.d boussdary of compact natural vegetation which spLeads continuously Inland. In cases where theLe is no clearly marked veyetatiun line, the "line of ssatural vegetation" shall fallow & .:. ,natant liras of elevatiori, being the avex-aye elevatioss of the clearly -marked Tine o= veyetatiwn on aa; --h side of the uruuaLked area. t)L.0z.010 Q rrucr 1 1L snalt Ae an offe.,se for an, joerson to c,.eate, erect_ maintain, or construct anx b..ilding. ob- stiruc-ion, harrier- restraint of any nature whatso- ever wiznin r_ne Aeacn lanas as definud in aa.ul.u1Q, wiLnouu having rirsr cnzained a writtux-, permiu =nom tine Dusiness CommiLLee or Lne Quinault TLibal Council. vo permits sna11 ne given ror Lhe area below the line ox mean high ziae except as provided air 52.06.0id. a permit for the construc- tion within the area above the line of mean high t=dE shall be gLanted ossly at the disuLetion of the 52-2 rosea per movemver 249 2008 Resolution #08-=09-87 Q..ir,ault Buslnusw Committee a„d only after. it is clearly show„ that such constLuctio,l will not be inzonsistunt with the pz-ovisii-ins of this Title „o,. i,iteLfare with the Llght� Of t Lu India„s Of the Qui„ault Re5eLvatio„ to fxeely and u,Li„tux-Luptedly use the beach la„ds for the purposes which have lung been established and that such co„stiuction will have no damagi” effect uron the marine life or cleanliness of water or air in and along said Reach. The Busine-s Committee is autho,.ized to adopt ru.Les ana regulations for the issuance of such permits anti uo prescriAe reasonaDie zees to be charged therefore. nnyone who violaties the provi- sions of this Section shall be deemed to be in t&eayaas of the rruperty rights of the I„dia„m of the Quinault Reservation in and to the beach lands, and shall be =e.�..iz-Gd to =emuve s..ch cbat>�ctic.., harrier, ox, inteLfez-ence, to cease from further aAstruction and into;fezence and shall be liable ror arm damages causea tnermny. *ne nusiness Com- mittee is airecteti zo cause necessary anti appro- priay.e legal actions to ae iiieti in courts or com- petEnt jurisdiction tO enforce the pravisions contained in this section anti to taxe sucn otner lawful actions as may be appropriate. 52-3 Posted ,.er November 24: ZOOS Resotuti�... #08.109-87 52.03.010 Destruction of Beach Lands rG shale ve ax, oLLease Lor anyone mo use zne A.ach lands in such a manner Lnau wouia -Lena Lo destroy the natural beauty or poisuLe zne Death lands. interfere with Lne esLantisnea use thereof by thu inaians oz zne Quinaulz xeservazion or which would Lane Lo creaza a nuisance rnereon. rhe follu.iny ruies ana reguiazions covering me use thereof are nereny aaopzea. (a) No person snail aerosit or willfully r-rmit the deposit of any debris, rubb=sh, o= ref"sG uvon zne Aeawn lands. (b) No pzrs%-On shall defacz yr destroy thz natural beauty of the rocks, cl;.ffs, „¢yatatiun a,. -.d other ` om3eczs o= nature upon or within the neawh lands. tc; No Sana, rocx, minera.L, marine grow -ca, Qrizt- wood, Lisa, wiiaiire, agates or souvenirs or ozner product ox zne veacn Sanas snaxx ae Laxen Lrom Lne beach manus Dy anyone, except.pursuanL Lo Lne terms and conniLions QL a written permit. Lirst obtained fLom the Qui„ault nusiziess Committee. ao peLmit shall be issued u.iless it is shows that the LGmoval will slot be iiivuusistcist with the cozzserva[tion Of the zeatural resouzces of the beach lands. The Bus=zzess Cuu=ittee is author i4ed to adopt ralEs and 52-4 Posted,.er November 24, 2008 Resolutiun 008•iog-87 Legulatios,s for the issuance of such permi-Gs ana Lo prescribe reasonable fees to be cnarged thersiare. tai no person shall set or permiti any =ire to De ser- upon the beach lanes, excepti pursuant vo per- miT.s issued by r -he ausiness Commir-r-ee in areas per- mitting the setting or camp fires, as proviaea herein. (e) No person, shall aLact airy tent oL overnight shelter upon the beach lands or use the beach lands an an cveL„ight casupis.g area, G,icept pus,sL&asst to rem -w -its iss,.ed by the Business Co�...ittee in those areas specifically designated and posted by the nusIness CommiTzee as overnignr. camping areas. as proviaea nerein. (f) no person shah operate or parr. or permit tine operation, or parking of any motor vehicle upon the b,iach lands, eJ6cept is, areas specifically deslgnated and posted by the Busis,eub Committew as permitting such oremation or parking, as provided hGrGln. (y) Nu rem -son shall be reitted upon the beach lands in an l..tox;Lcatud and disorderly coszdit=on, or snall engage, while un the b¢ach la..ds, in any acts of indecen.,, -. i.,...,oralxty. 5Z-5 Posted per November x.49 .4eea Res -elution ffvtFiL09-57 (h) No shall v=i-jlat� any Lulus a„d Legula- tW'zns subse% uently adopted for the use of the beaun lands by the Quznault Business Co,uuittee. ti) ivo person, othzr than a member or employee of the uuinault Nation amt=ny in the ui-j",4zu i�-,f his oL he= employment, shall opeLate, land, park, moor or permit the opeLatioi, of a„y waterboLne craft or alL4raft upon the beach lands, except when specifically parmittad by Lagulations adopted by the Qui„ault Business Co,muittee which may, by Legulation, establish a permit and fee system for such fee use of beach lands. ( j ) A violation of this *action shall be consideLed a Class n violation of Wrizle :;L o= zne x Quinault Tribal Code and shall subject violatoLs to criminal or civil rrosecution, in accordance with the pzovisions %f Title 51. 52.04.010 ue.e,aomm2nz of Beach Lanus •rne Business Committee is authuxdzed to szuay of the beach lands to be made to determine me reasioility of designating and developing cer- zain areas or rn. Aeacn ianas ror limiren adai- zionai uses, such as areas wnere camping, overnignm camping or zne operation ana parxing or moor vehicles may be permitred. rursuant ;;o such study, the ousiness Commirtee is authorized to prepare Posted per November .%4, .-r,vv8 Resolution #v8-aii -87 plass foL development of the beach lands, to clas- sify the beach lands as to such uses and to desig- nate aLeas whoLe such activities may be permitted. Provided huwever, that no such area[ designated and developed foL the limited use, such as camping, oveLnight camping or motor vehicle area, shall be opened fox such additlossal limited use until the Bu�inass Ciuuuittac shall have adopted adcquata ...lea and Leyulatio.ss to contLul the use thereof, not inzo..sistent with the y.Lposea of the Title, nave a6equateLy posrea sucn areas a.signar.ing the use permi-Liea ane nave proviaea aaequaza means ror the enforcement. of the additional Limitea use in such area. 52.05.010 Ent4rcgment Any pex-=;n who violates any of the Lules assd Legu- lations for the use of thu beach la..ds of the Quivault Remuz-vaticn shall be requested to i mued- iately leave the beach lands. If he fails to do so or retu�nw befara vayin fz= an, damage cased by sucn nuisance ana r-respass, ne may be prosecuted xn tne wriDaL Court or puysicaiLy ejec-r,;ea =rom the Reservation. Ln adaizion, any equipment or proper- ty invaivea in zne vioLar-ion, sucn as sur= Doaras. ramping equipment, e, -c., may De conxiscatea. 5L-7 rosted,.er November 24: 2008 Resolution 008-109-87 DZ.06.010 nusiness Committee xiants 7-7 Nothing in this Title shall be deemed to dimit,ish the right of the W„i,nault Business Couuuittee to lease or reit riyhta-cf-war over and ac4oss the ceach lands for the bunefit of the Indians of the Q-Ina...lt Rascrvatiu”, eaLcapt that any such lease or i,er A affEz;t!x4; beach lairds within the Quin -cult Indian Ras7aroatiun shall be subject to all the j,ro„=sions of this Tltl�. 52.07.010 p_u2j_neps committge.Enforcement When the Buslncss Committee dete.Lmlaies that the regulatory p&ovisions herein provided can be rwasz,nably enfux-ced, 3t =a authcii4ad to open, subaect to all the restrictzo,,,s herein provided, all or any portion of the W..ina..lt bZ-aches h=4h wera heretofore closed. Thz B..siness Co....,.ittee is also authorized to subsequently close all or any portion of zne Aeach lanaa so opened if they find inaz Lne ru.Les ana reguiax;ions nerein proviaea or une ruses ana reguxauions adoptees ny ane nusiness committee pursuant to this -Title, cannot be aaequately enrorced ana Go continue such closure until means of adequate enforcement have been found. 52-8 Exhibit G Title 52 -- Buach PASS Rugulat1U11 - r Quinault inclin Nation POST OFFICE B0X 189 L 7AHOLAH WASHINGTON 98597 0 TELEPHONE (360) 276 - E211 QUINAUL'I' BUSINESS UUMMIlThE RESOLUTION NO. I - L - _ WHEREAS, the Quinault Indian Nation has inheres:t Sovereign governmental powers to protect, and promote the health, safety, and/or general welfare of me people of the quinault Indian Nation (the "Nation"); and WHEREAS, the Quinault Business CottuuitteIV is the duly elected governing body of the rvation, under authority of tine rvado..`s Constitutior, Article v, Section 3, adorted March 22, 1975, to provide for the execution and enforcement of laws of the Nadorr_ and WHEREAS, the Quinault Business COmrniLtee (QBC) approved a Beach Pass Policy and said colic, is inconsistent with Title 52 — Beach Lands; and WHEREAS, Title 52 authorizes the yBC to adopt regulations related tu the use, preservation and protection of the Nation's beach lands; and WHEREAS_ the QBC recently Look official action to close the Nation's beach lands to use b, an,one other than enrolled member3 uf thz Quinault Indian Nation and desires to adopt regulations confirming that; and WHEREAS, the QBC hereby determines that the provisions of r itte Dl- cannot oe reasonably or adequately enforced and exercises its authority in Section 52.07.010 of Title 52_ NOW THEmzr VmL nr, 1! rur,50Lvr.Lp inat ore Vu:nziun t5usiness Committee rescinds and revokes its previously approved Beach Pass Policy, and NOW THEREFORE BE IT FURTHER RESOLVED that the Quinault Business Committee hereoy revokes all beacn r,asses and r,ermits rrevioml, ias,.ed and directs the Office of the AttUrney General to send written notice to all person issued said passes and rermas, anu NO THEREFORE BE IT FURTHER RESOLVED that the quinault Business Committee approves the aUnched Title 52 regulations pertaining to beach use permits and closine its beach lw.ds tz. use b, all Nersons other than enrolled members of the Quinault Indian Nation except as provided in the attached regulations; and Fawn R. Sharp, Pre ident Quinault Indian Nation Business Committee LL' K111+1CA1101y i hereby certiry that the t2uinault Business Committee duly adopted the above resolution at a meeting of the Business Committee at Taholah, Washington, on the 25'h day of June 2012 - at which rime a quorum was present by a vote of r for anti u against anti i a5sia:,-,1Rb. a aaha U�rderwood_ Secretary � w Vuinault Indian Nation Business Committee RESOLUTION NO. 12._ - BEAUH'USE REuULATIONS PURSUANT TO TITLE 52 - BEACH LANDS Thc3c i cgulatiut,s art ptumulgated by the Quinault Business Committee pursuant tO section 52.07.010 of Title 52. Thz3c regulatiux,3 axe promulgated Ota the day of .lune. 2012, to take effect immediately and rzrnain in cffeet until rescinded. R52.01 Beach Lands of the Quinault Indian Nation, as defined in 3cction 52.01.010 of Title 52, are closed LD use by any petsvtt other than an enrullea memoer of the tjuinault Indian Nation, e, c;cpt as plvvided heleitt. R52.02 Persons who are trot enlallud members Of the Quinault Indian Nation may accompany enrolled nnenlbel3 of the Quinault Indian Nation on the Beach Lands of the Quinault Indian Nation, but mu3t 1, -man, In visual pli-,ximity to said enlvlled member Of the Quinault Indian Nation ana are subject to and mu3t comply with all lequirements uf Title 52. R52.03 Staff and contractors of me yuinault Indiza► Nation play be pncsel1t Ll, the Beach Lands Of the Quittault Indiam Nation tO the exten[ necessary to .erf;;-,rm their jub dutie3 or cuntract ubiigatiuna. R52.04 Those perSuns who Obtain required permits from the yuinault Indian Natiun pul3uant to Title 51 fur the purpose of participating in an authorized, open guinea zisnery may u3e the Beach Land3 of the Quinault Indian Nation solely for the purpose of participation in said fisnery, and are subject to and iiau3t cuiliply with all teyuirelneuns of Title 52. R52.05 The Quinault iusiness Cominittec: may 63uz permits to of uthcrwlse authULIZE pet504[s who are not enrolled members of the cluinault Indict.. Nation to use the Beach Lands of the Quinault Indian Nauiun at their sole discretion anti ander any conditions it 3u deem3. Such pe13un3 are subject to and muse Cotttply with all requirements Of the Quinault Indian ration. R52.05 Uac of the Beach Land3 of the Quinault Indian Nation by any person Other than an enrolled memoer of the Quinault Indian Natiun automatically Subjects said pe15Oil tO the civil jurisdiction of the Quinault Indian Natiun. R52.0i uniawful or unauthorii-,%-.d u3e of thu Beach Land3 of the Quinault. Indian Nation subjects said user to prosecution for trespass und4r federal law. Page IofI Exhibit H Sea Crest Damage Assessment Rzpvn, 12/28/06 l ninagE Asscsauieut KepUt t For Unpermitted Activity on the quinauft rnuian meservation by Seacrest Land Development Company Joel Green, Fish Habitat Biologist q4uinauit intlian v4arion December 28, 2006 1. History of violations, contacts between OIN and Seacrest. „enforcement actions taKen, anti itleutitication of s,.CCir-.c—a,�ations 3-17-06: Max Stocks is contacted by Mr. Jack Glauber t of Seacrest Resort_ 223 Hardwick ro:..t tcowu, bvgz;;..., wH. rerardins requirements for development of land within the Quinault Reservation. 3-18-06: Leer from Max Stocks to Mr. Glaubert outlining requirements for development ..:tn:.. the ymiimult Indian Reservation. This letter indicated that all permitting must be processed by and approved by the Planning Commission and the Quinault ousiness Council. 6-16-06: Letter from Max Stocks to Mr. Jack Glaubert indicating that the activity on parcel 413273002 is an illegal activity. The letter included a list of the requirements for development within the Quinault Reservation. Stop work order issued by Planning. 7-13-06: Letter from Bob Charters with the Estate Survey Seacrest Addition completed for Marian Dickenson as a land division for her children and a request Dor information o.. the status of this land division under Quinault regulations. 8-3-06: Letter from Jonathan Ciesla to Bob Charters including an application for variance. This le[ter arose from a discussion on 5-241o. it Oescrioeo ufc p.noo99 necessary for development activities. 10-30-06: Lillian Johnstone observed land clearing operations on allott�tent 107 (Section 27. Township 24N, mange 1.3 w. Cat operating within z00 reet or the muff u..tt was observed on site. No permits were known to have been issued. 10-31-06: Field review completed by Jonathan Ciesla and Lillian Johnstone. 11-1-06: Stop Work Order issued by Lillian Johnstone for violations of Title 61.01010 krindings), I11.'v2.Uit) trurisaiction of ute yuinautt tnu:w.. 1Varoa.j, 51.05.010 (Applications/Licenses and Permits), 61.10.10 (Coastal District), and 61.07.010 tuperating without a rtyamwic rroject Hpprovat). tn:'uuctca to "OF an York and contact Bruce Jones. Memo from Planning Commission chairman Dennis Mar tin to rlanning Commissioners regartlin6 tn:3 acUTity. ta.tl:oa.tw [nut inc deieloper had not ooiu:..c[[ -..,y�,�....:�,1ro... the Yuinault Indian Nation Planninr Det artment. Jonathan Ciesla had contacted Jefferson County and they indicated that they had issued no permits io, En.. ity chncr. This memo requested an emereency meeting of the Planning Commission on this activity. 11-2-06: Site visit by Lillian Johnstone noted no additional ac[ivity. 11-3-06 and 11-8-06: Contact attempted by Lillian Johnstone wi[hout success. 1 rying to contact Dave Cole with Washinrton DNR, Olp,.pic region on whether any Washington Suite forest practices permits have been issued for activities observes on auotment 10 r. Late on 11-8 received information from Dave Cole that no state FPA has been issued. 11-7-06: Site visit by Lillian Johnstone noted additional activity, including work on the gravel area. 11-13-06: Site visit by Lillian Johnstone notes no aaaitioza1 ucr.,tr. 1, -M -U6: r aren Huston sent an a -mail i..tx.c..t...b tn..i z!Cu C.cst has arreed to cease and desist all activities for now and will decide by the end of the day Thursday t 11 115 wnemer to apply for VnN Ne....:[,. 12 -1 -OS: a,tc ..tea n, Jvc1 G,ccn (Fish Habitat Bioloeist) and Lillian Johnstone (Forest Practices Technician) 12-15-06: Site visit by Joel Green to measure cleared areas 2. Identification of Tiue'o1 tcegulations violater Title 61.02AL0 Coastal L,istnct Kegulatlons. rarest practice oNc.ui.o..� W itn:.. inc Coastal District are designated Class IV natural resource practices, and require Forest Practice Applications approved by the yuinault wepartment or 1Nutul-.1 tgDNR). The needed permits were not obtained for the work done at the Seacrest propeny. 1 he use of heavy equipment witni.. inc Co..si-i Ljistrict :s .c.trictcd to minimize damage to soil, vegemtion and water resources. Heavy equipment was used to harvest timber and excavate me roan waam, to ine oc..cn. YY snout authorization b, the QDNR. Title 61.04.020(b) In violation of Title 61.040.020(b)7 natural resource practices were commenced .i -m ce..r..z.ca YY lmowt an ar,,roved ai.l.lication, includinb (1) road construction, (2) harvesting, (3) brush control. (4) harvesting of minor forest products_ (5) activity with inc 1,otc..r.'�1 to cIIcct streams and wetlands. These violations are described below. (1) Road construction without permit: W. A new road was constructed which extends from the top of the coastal bluff near US 101 cutting through the bluff down to onto the beach (Figures 1 and 2). 1 he recently constructed road starts approximately at a concrete eiecuicai oox a. -.Cl extends 930 ft down onto the beach. On top of the bluff for the first 125 ft, the road is approx. 24 ft wide. When the gradient starts to go sown, the w:stn of Air, cleared area for the road varies from 45 65 ft, with average width approx. 56 ft, until the road extends below the bluff. i he road extenas i 2D HE onto ulv or—en beyond the bottom of the bluff. A significant amount ofeatth was removed during construction of this road. t ne roaa surrace :3 uP to 15 BE b.lo.r the surface of the adjacent ground near the bluff edge. Some of this material was piled near the road at the top of the otutr. Otter matc.:..t ...a, n. -;c b.en used as fill in the gravel area on the east side of US101. b. Approximately t, i D0 rt te..,tn of .oaas -na .mall clearings were built along and within the coastal forest to the coastal bluff some time previous to last season, as eviaencea oy growtn of 6T..s zz..a to.bs in the roadways. Sites CI and C4 are representative of an older cleared site (Figure 1 shows the locations_ Figure 3 and S snow Pnota5). c. Approximately 1,000 ft Iength of new roads and clearings have been built within Ale t:ow.tut Io.est to the coastal bluff, in several short lenrths extending out to the edge of the bluff and to small clearings in the woods. Sites C2_ C.3, CD, and C5 urs recentl, cleared sites (Fibures 1, 4, 5, 7). (2) Harvesting without vermis: In order to build the road to the beach, the coastal forest was cleared in a strip down to the beach. Trees were also cut to build roads and clearings on top of the bluff. New roads and clearings built in the last 1-2 years were distinguished from older roads and clearings based on newly disturbed soil and vegetation at new sites and established grasses and forbs at old sites. In total, approximately 1.56 acres were cleared within the last 1-2 years k i able i). in orner to estimate the number of trees harvested, a survey was conducted in which 15 random sample distances between adjacent trees were measures to oo[ain an estimat. of troy density in the coastal forest. Based on this survey, the mean distance betwween ..d;aoent trees was 25 ± 5 ft (900.,o confidence interval). Based on this calculation, together with the measurements of area cleared_ estimates of the number of trees ro...o cci -as calculated with 90°-o confidence (Table 1). The main tree species at the site include Sitka spruce, western hemlock, red alder= and Pacific silver fir, listed in order of abundance. Based on a sample of 6 diameter -at -breast -height icon) measurements; mo son of Sitka st.ruce at the site was !.6 ± 0.2 ft (90% CI). A representative tree height measurement of a conifer near US 101 was 123 rt. j.�) vru.n co..trot ;_:snout Ncrmit: a. Brush was removed to build the road to the beach. D. nru.,n ..uzi .o,,.o.os to build roads and clearines on tot, of the bluff. (4) Harvesting minor forest products without permit (Violation of Title 61.040;020(1?) ana t itte 5 i .D0.090: a. Salal, a minor forest product_ was harvested during construction of the road to the oo..on. buird is the Predominant species of brush rrowins beneath the trees of the coastal forest at this site. b. Salal was harvested during construction of roads and clearings on top of the bluff. (5) Activity with the potential to effect streams ana wenanas: a. Filling wetlands: Based on the presence of wetlands bordering the northeast and east side of the gravel area extending more man natr my ie..5m or inv t;.u.el area (Figure 1), I estimated that wetland formerly occupied '4 to ! 2 of the area now covered with a gravel freta �rigure S). 1 n. b.u.at h.ld occuYies at,rroximately acres, so it is likely that 0.5 1.0 acre of wetland was filled. The area bordering the northern half of the east sine of my b.u.�t ficid was caterorized as wetland based on the presence of intermittent standing water and wetland vegetation inctuaing sedges ana .-snvzi (r.',-rc 9). r iue 51.05.ur0 (HYYlications/Licenses and Permits), 61.10.10 (Coastal District): In violation of Title 61.05.010, (t) t n.Yo.Yer house was built without a required building permit (Figure 10). (2) The road was built without a permit. (3) Trees were harvested without a Forest Practice Application to clear land for the road and the clearings on the bluff. Title 61.07.010 (Operating without a Hydraulic rroject Approvai): to viotatio.. vI r aims 61.07.010, (1) The new road to the beach was built 61 ft from a pond at the muff sine or tna Deut;n (Fi,6.re 11). It is a violation of Title 61.07.010 to conduct work within 200 ft of body of water on the Quinault radian reservation wirnout a r.vjcrt AYYroval (HPA). (2) The gravel field was built partially on a weuana witnout an rirA. ,. raentinearion of actual llama,,cs (1) The number of trees in the coastal foresi was reduced by harvesting trees for road construction ana creation ,Dt7;c th. bluff. These trees have intrinsic value, and are also important in stabilizing the bluff and providing potential nesting habitat for Data eagles. (2) Building the road through the coastal bluff reduced the stability of the bluff at the roan location. (3) Building the road allows access of vehicles to the beach_ which could cause noise aisturoance to ..esu... a.,btos. (4) Installation of the gravel field reduced wetland area. Wetland is important habitat for several s,,vo.a. or o:.u, and amk hibians. zF. ivi:d-..d.ii ivieasures (1) Obliterate the road to the beach by replacing fill to approximate the original land co.to--i-:;; —a rvYlant riith native vegetation includinr, salal and Sitka spruce. (2) Remove fill from wetland in the northeast Quarter of the 2.5 acre gravel area east of MOW-., Ub 113 t; to the oribinal elevation; to restore 0.62 acre wetland. Replant wetland vegetation. i able 1. Areas cleared and estimated number of trees removed. The old road parallel to Highway US101 at the edge of the woods is nOL includes, as oris road[ ..t my caro of the coastal forest, and number of trees removed at the e&e canno¢ be accurately estimated. Location of Clearinr, Length Area Area Estimated number of lfil lfil (acres) [rocs .mo—.ed (ranre E Sam encompassing 90% _ confidence interval) _Old roads and clearings on bluff 453 7,101 0.163 1 1 to 2z NeY. roads and clearings on bluff 1,001 26,871 0.617 _ 43 to 94 New road to beach 805 41,00 'u.yZFa Oulu 144 Total new roads & clearings 1,806 67,951 1.560 109 to 238 -M — a�yr. Q ■ n . �... � i arae ± Rsj+• E Sam ter ar r� F4 ■ s h2 7' Grdyal Nrea WULIana etland Edge Figure 1. Map of the SeacreSL site showing the location of roads and gravel area. Clearings are iaoeiea Ci io C6. The location of the electrical building is labeled B. The locations of the wetland and the pond are labeled, respectively_ W and r. i he beacn roaI3 wnery :J G--ts mroubh the bluff is labeled Rl . Due to the changing shape of the coastline and the fact that the USGS map this was derived from was originally mane so...c,c.rs aro, the bottom of the beach road is erroneously shown as in water. The position of the roads and the gravel area were mapped using a viouzi ro.:uo..:.., System (GPS), and are accurately placed. r:,ure.z. Site R1. Road constructed through the coastal bluff. Photo taken 12;` 1 `2006. r:guae 3. Site Cl. Photo taken 12;'15/2006. Figure 8. Site W. View west from wetland on norm ena of east side or bravci f.cia. Photo taken 12,`11"2006. - .%g Ik1 Av Figure 9. Site W. Wetland vegetation and standing water in wetland east of gravel field. rhoto taKen 121'12006. Figure 10. Site B. Elec«ical building built without permit. Photo Laken 11.2$.`.'2006. Figure 11. Site P. Pond adjacen< to newly built road. Photo Laken 12!112006. Nope wave-uepositeU Z[.:mvnvZL and cobble between road prism and pond. Exhibii I Q1N Letter to Jefferson County, re: Beach Closure, 8131112 -�Quinault Indian Nation POST OFFICE BOX 189 • TARCLAR, WASHINGTON 98587 • TELEPHONE X3601 278-aazl l Au,ust 31, 2012 Phil Johnson, David Sullivan, and John Austin Board of Jeffer3on County Commissioners Jefferson County P.O. Bax 1220 Port Townsend, WN %,)Ra Dear Commissioners ronnson, auuivan anti Aust:..: am writing to inform you tnat my attached letters went tz; 3ume of your constituent3 who own fee property within the boundaries of the Quinault Indian Reservation. As indicated in the letter, pursuant to inerai Iaw, them b.aches on our Reservati;.n are owned exclusively by the quinault Indian Nation between the extreme low tide line and the mean high tide line. Persons owning i-..tt utt.;uoont to oar beaches have nv legal entitlement to u3e our beaches. In the past, we issued beach passes authorizing use, but have recently revoked those passes and closed our oeacnes to unyonr. who is not an enrolled member of the Quinault Indian Nation. I've attached a copy of the leiter that was tttailed to all fee owners indicated in the Jefferson County parcel tfataoase, alone with the reaulatiz;n and duly adopted Resulutiun approving the regulation. We also Mailed the attached letter to the operators of the Seacre5t property, whicn is incorrectly auvertisett on mu 1,ol,ular website "Vacation Rentals By Owner' as having beach access. Despite our past requests, the operators have refused to correct this inaccuracy. I provide this informadun as a courtesy and to lei you know the yuinauit Natio.. will be Fursuina federal trespass prosecutions of persons not honoring this closure. I ask that you suppot t our sovereignty and ownership interests if you nave opportunity witn your coRstaucnts. Sincerely, 4��— -/ Fawn R. Sharp, President Quinault Indian Nation cc: Philip ivtortey, County A13ministrator Scot W. Rosekrans, Prosecuting Attorney t ony nernanttez, anerin Carl Smith, Director of Community Development Exhibit J QIN Luttur to p CC Owners, re: t3cach ulusure, 811011 L RuguSt A, 4014 Dcar Landowner Quinault In : n Nonan POST OFFICE Box 105 0 TAHOLAR WASHINGTON NSai o TELEPHONE taw) Z76 -921t C;n behalf of the tiumauh mO:an Fallon ("tsIIQ"},i am writing to inform you tRat the e9Etee governing body of .he QIN recently took formal aLtion closing all CIN beaches to use by anyone who is nur a Cul..r.a1L LI�RaI .:.�RIC�r. Nlca.c ice attoc11A ResolatiOrl and regulation. We also took formal action to revolle all existing EeacR passes antl permits previously issueO. Tou may now onl, iis. QlM oeacRes in the company of an enrolled member of the Q15 as long as you are witRin visuai proximity of tnat person. Under federal law, the beaches are owned exclusively by the QIN between ►he extreme low tide line and the mean RigR Tiac lift. An, Zi,ZIJERVNZOI Cmc -f QIR UcacMca may resolt in Tcacral prosecution Tor trespass. i nanR you for your cooperation In complying wirR tRis oeacn closure_ i5i , Fawarp, P�eslaenT Iluinau Eian Radon Exhibit K QtN Leiter to Sea Crest Management, re: Beach Closure, 8110712 Quin ult Iridian Nation Msr OFFICE Box tae TAHoLAH, wAsmNGTON aaeer '!a TELEPHONE i....,,) Z70—.11. =gip, August 10, 2012 aea gest—tweets r[r. c/o,acn ulauaerr ccs Flarewicx RD. Seyeim_ WA 9MBL 165,1 Dear Mr. Glaubert: On Denair oTtile Quinoalt Ivalon Notion i"Qlr4"), I -rR W.:tins to y..a tRat thu deetea go.ernin6 Dolly 0T tRe ql,v recen4y toou normal aLtion hosing alt Qliv zmacRes to use By anyone wne is not Quinault tribal member. Please see attached Resolution and regulation. vve also LOOK formal action to revoRe ali e..)stln5 Beach pass.s and permits previously issued. Because you rent your cabins via VRBO, we asR rRat you pass tRis inTormation on to your visiting cWtomers ane reTram Trom a'a:ert:sing PBD)iel f that the beach is accessible and available for use. Under federal law, the beaches are owned exclusively by the QIN between the extreme low tide line and the mean M511 tine Zinc. A7-., vnoo[RerLed Qac yr QIN oe-cRc, rear rezplt in Tcd�rul pr03c[Qtiv: Tor trespass. shanR you nor your cooperation in complying whn tRls oeacR closure ane letting your customers know their beach use may subject them to federal prosecution. 5 Fa zTiarp, Presliienr Quina Indian Nation exhibit L Incident Report, Beach Ti-Gspass, 812114 01/LO/16 QUNR NatU—i R=—uice Larr 1;.-.�to.ce.,c"t 14: lb LAW Inch= .t 'fable lnciaenz inciQenL Number: ii03000i4 Nature: Trespassing Case Nunwer: Image: HLlOress: nalaiocLL death Area: QUEET QUEETS C0 r l-17.u..t Numbs: LdSL: uVrs: SSLV race: 5x: Le -L: Details Offense Codes: TRES Orr!=M--: L BLACK 01110=-: L bLAI.:K receive44 Lsy: r Jcnoncnin now received: L Leiepnone Ymen reporL.eu: 1/:,v:;e 03/0z/l; vccurrd between: 17:30:00 08/02/1; and: 17:30:00 08/02/14 MO: Na__aL_Te Narrative: (see Deiow! Supplement: aLaLe: rvx zlr: 98331 Cont -ace.: f2 Vsz: P71Q: AQr: Cty: 51 . 7.TF: 212 P -age: T Revorted: TRES Observed: AyenCl,: QDNli CAD hall lu: 84401 Last KaaLog: 11:.51:18 06/0L/i21 cFlrL'1' Clearance: Nir, Nu 11VVCJl1C;ATluLV rr.Qu DisposiL.ion: 7 uisp uaL:e: Oa/Ori/i4 judicial ats: Lzisc EnL.ry : iNVULVIJMKN'1'5: T.yt— rcco-u {i Date uc-c !,tic.-. rclaL�v�. ,nir. 4A 54401 U8/ oz/ 14 11 : jo 15/00/ 14 Trespassing =1niLiaLing Gall .umn Incinent vllenses uetai-L: Offense Codes Se>4 Code 1 TRES CRIMINAL TRESPASSING LAW inclUenz respc niers ueLaii responding Orricers seq Name Unit J. L mi MCA r2 Amoun L_ 0.00 main Radio Loy '1'abie: '1'i 1:c/l1utC '1'sr. unit Gvac /.vn= Ag-,= U=yG-lj+ticia 11*+Jl*+i8 o8/uL/14 1 CL cmijL'1' Qutt,l' QDNR �'v �.lcLcb 0-11 0._.11=101 Nay_aL_.e: QuinauiL ivaLion roti=� hct w -u vLiicer: uate: Case NUULUer: --------------------------------------------------------------------------------- Nature: Beach Trespass J -V [ ] Admit be ., 1Ju b : meLationsnip to incident: auspect, victim, wiLness, Keporcing party Cnarge(s): Synopsis: On xuyust 2, 2014 L Resource rrOLecLion Officer Leroy slack and Death Patrol Officer Brenda Rhodes were patrolliny uhe Tribal Beach Noruh of uueeLs and made contact with 5 individuals at separate times. wrnil= on root e -t -vi e�-- the n. .tn oc-cn jw-t uutn or tnc e—k be. ice be-tn b: -=n :e .8e cc. -.tact stn a bS rrj Ui-o a -ne -tatcd tn-t tncy naa owned Lneir cabin anC come onLo Lne ❑each OrLen anp na.e LoiU wun=- non-Lnaians LnaL tney were on Lri❑aL deacn and tnat tney were noL suppose to De Lnere. iiiey were ox wiLn iL wuen we LO -01 tnem that Lney were trespassing on Lne beach and LhaL we would be patrolling more oLten. ii,en we mace contacL wiLIL another female person chat was a yuesu with some people Lhau owned a cabin and that she did not know that she was trespassing because she comes down with her ti icnd orte.-a aiso. Sne aid ..ot mind when we told her that she was trespassing u,.a tn�.t unc naf� to lev mac. `L'ne.-. = t attc. tnat we r --ac co.-itact witn two people tnat -it!-- -. tnc ncaen a as tney --!a tnc, aid nut K t)= -Z—tney nua rented a cabin at bea C_esu a na bea C -c -t rcaric nab Lola tnc... Ln -r- Lnc,. a-.. One Deacn and tney couLa go gown on to the ❑earn ❑ut tney were OK wiLn it wnen we Lola L,iem Liiat Laiey iiaU Lo leave and LeLt rigau away. mfuer L had youuen home and off duLy L received a call from Lhe 7jx" rolice Deparument that. Jefferson County Deputy Jim well wanted me to conLacu him via cell phone 360-590-0162. I called Deputy Well and he said that Sea Crest does v tnc la. -.a on tn� I)cacn a.,a it cvc.. c-tc..a� out 1"to tnc occa... 1 told nim Lnat Sc- C -.-t a-n't v--, i-na on tnc bcocn tot tnut 1- L -..d tnc.t �c.0 ,l-,= Ce tnc 'p' -..❑e ,._a tnat bca o..ly o --n- ae to LnL -.c.ct-tion linc on the Deacn ana ne said no tnaL tney oo own ouL inLO Lne water and saiC Lnac ne even nail a rarceL Map snowing triaL the property in LacL goes extents ouL into the ocean. L saiu well L will nave to contact our aLLorney on Mon'uay iiau nave Lceis issued resolved. cunciu-io n. L, , cerLiLy Leat Lne Loregoing is Lrue anI1 correct unQer the penalty os perjury unCer the Laws of 7juinauLL Lnuian Nauion anu tiLe staLe oL wasuingLon. Signed elecLronically in aholah, YYashingLon this 4 Day of _ , 20_. End xceo�t Orrive.: Date: C:uii: Natui.c: '1'ieur+auuiiay '1'yNc: 1 Yiioi.ity; 4 Anu-c—& N-i-iven b=-cn City: Quh; Lunes LieLerm: H1ar-. Directions: +- Complainan-:-----------------------------------------+ x LsL: rsL: Liu: x x Adr GGn: x x Ct.y: ST: Zip: SSN: x n Tei: Sex: Prete Calls: Wants: Adr: x +_------------------------------------------------------------------+ ConcacL: EL Tel: { ) - xnQress: L eiaLe: Z)E: 1nzo: Ca.Ll.s: uupl: Lmames: w/HsrLs, vvanL.s: rrem: tiEr: now r<cvd: 1 Telephone Cccurreu vetween: 17:30:00 u6/04/14 Rcvd by: T Schonchin and; 17:30:00 08/02/14 Hld Until: / / when Rp�-d: 17:30:48 08/02/14 - - - - - - - - - - - - - - - - - - - - - ---- - - - - - - - - 1LVVULVnivtt N15' type mecoru 'DaLe oescripLion Nelationsnip Lvv-L40UVML4 W6 4/14 Trespassing .LniLiating 7-ai1 Exhibit M Jefferson County Resolution, 65-90 cc: P& b'I Y0 b hw �I LZ u,5: JEFFERSON COUNTY COURTHOUSE NATION LLHMTCMNM IN ina riw"an W 3mmeer County Jurist-cnoz) rrltnln Bounaarles oa ) Quinanit Indiaa Nation ) aerrerson County vM-MD yr COUNTY i:OMPAMSIONERS Part sowasena, vyMIngion 98368 • Ph. paq 385.=6 LMM w Dfflwm n, alo..,....I B.D. BROWN, ONMUCY 1 OEORGE G e! .l,wn,, UWMCr a RESOLUTWX 6a z3O rrnanaw.),, the Q=u.Lt In ivauon lies, -in pert, witrun the geograpmCM ooundary or Jerrerso - County; --A vamirSAS, tnv Unitwd Statce Sur..c,.,c Court ccwv of H.v.aTla a �v.a. o Conr0erated Tribes of the Yakima Nation brings into ii"estion which aovernmenL rms jurxsLLaL On ror Lue xasuance or various muLu imvexopment ynrm.LLM' anu rw...a. man, it Jerrerson County nas j, risM-c-u-4» To .-.gu ate aLEMxzes on non 2nnlsan 1and8 W1Lnln the noUndarlea, redc.al laW require= v�lClcs rtiv.. or the X.5MIE�a integrity, the eco..flmic sacwrlty, and the heda th and wolf-. of an Indian Tribe in determining the rroL ricty of regulation; and wnaLLano, representatives xrom the Qummu.Lt ,nnian Trioe anti Wilerson County nave met to rima ..mmc. grouna _ver cnis juriaMMonai question; WM SEAS, :ao formal �oncluBion from these discussions has oomo forward; and WISLEAUMSO, ULU non-xntfm OOwners wiuius Late reaervaLawn uounMMes are asiong ror caara.ricacxon 3n uus matter; nulw TnhKwvxu as IT RESOLVED, tnat tnc B5UU or Cole.T..vrr nareDi OlPecte tn- Plann=g Departmvrt to a-rart avY.P..hv.wi.v plan languasc to 1ndludc all lands of the QUinault Tribal R.e.v-tloaa lixuate� in Je=eio-.. Co---.ty, cxa.ek t Indian Trust Lands; and ma rr BORTSER iuPava,rmw, -"mt Until sa= aanguage as uranx eu ana the comprenensive pian amenaea, no construMon or .Lana aeve.Lopment pert wasi oe issues by Jerrerson County un.L=-o a ss conscructaon or Tann devei pant permit is is—Ala rlrst by tn. Quinau.Lt inaian N iaY- 49�- JU3UFTSD TILES DAY CP JUNE, 1»0. 4! r Ai lL'ST: �?/1? GL GGyCj ~Lorna L. Delaney a Cleric of the voeLa--LL Bofuw OF Couirix - :::�� - d- GeorG C. Brown, Chairman W or LAL 16 �00 - 4-57 N li, � I - I - - �i-) T'M v L-4 - F-14 ina Exhibit N "I'Ale 61 Regulations —Wastewater Disposal Title el Regulations — wastewater Disposal i hese regulations are promulgated Dy the uirector of the yuinault Indian tgation's uivision of Natural Resources pursuant to 61.04.010 to regulate hydraulic projects, as defined in 61.03.010, involving the aisenarge anti disposal of wastewater as aefined herein. Such hydraulic projects are determined to be Class II natural resource practices. The Director designates the Quinault Indian r4atio..'; zrivironme.—Mi rneattn service inrou,,n its crtvironmentai rieatta apeciatist to enforce these regulations. These regulations are promulgated on the 17th day of April, 2009, to take effect .......A.-TVty ....a .vmai..:.. cricut zi-mi resG:..1363 oy mc uzector. Section 01. DEFINITIONS: For the purpose of these rules, the following definitions apply. 01. Abandoned System: A septic system that has ceased to receive wastewater due to diversion of those wastes to another treatment system or due to termination of waste flow. 02. mining Sewer: t he extension of the building's drain beginning five tz)) feet outside the inner face of the building wall. 03. Central SYstemi Any septic system that receives wastewater in volumes exceeding twenty-nve nunarea (2:)05) gallons per tray; and/or any system tnat receives wastewater from more than two (2) dwelling units or more than two (2) buildings. 04. Expand: To enlarge any non -failing septic system. 05. Failing Septic System: Any septic system that exhibits one (1) or more of the following enw.wcic;,�i�w: a. The septic system does not meet the intent of these regulations as Stated in Subsection 004.01. b. Th. sy stem fh.i, to accept - uste.. arcr. . c. The system discharges wastewaier into the waters of the Quinault Indian Nation or onto the .,round surface. 06. Ground water: Any water of the yuinault Indian Nation that occurs beneath the surface of the earth in a saturated geological formation of rock or soil. 07. High Ground Water Level - Normal, Seasonal: High ground water level may be established by the presence of low chroma mottles, actual around water monitorine or historic records. a. The normal high around water level is the hiehest elevation of around water that is maintained or exceeded for a continuous period of six (6) weeks a year. b. The seasonal high around water level is the highest elevation of around water that is maintained or exceeded for a continuous period of one (1) week a year. 08. Individual System: Any standard, alternative or subsurface septic system that is not a central septic system. 09. Install: To excavate or to put in place a septic system or a component of a system. t0. tnstauer: tiny person; ca.—pn..,I,n,,; o. I�.... c■,�ca�cY :.. the nusiness of excavation for, or the construction of individual or subsurface sewage disposal systems within the Reservation. 11. Large Soil Absorption System: A large soil absorption system is a subsurface sewage .1l3pV3.1 system dcsi�..ed to receive two thousand five hundred (!,SOO) ralIons of wastewater or more per day, including where the total wastewater flow from the entire proposed project exceeds two thousand fire hundred (2,500) eallons per day but the flow is separated into absorption modules which receive less than two thousand five hundred (2.500) gallons per day. I2. Limiting Laver: A characteristic subsurface layer of material which will severely limit the capability of the soil to treat and/or absorb wastewater; including but not limited to, water tables, fractured bedrock_ fissured bedrock excessively permeable material and relatively impermeable material. 13. Mottling: Irregular areas of different color in the soil that vary in contrast, density, number and size. Mottling generally indicates poor aeration and impeded drainage. 14. New System: A system which is or mignt be autnorizen or approves on or aver me eUvetivo date of these rules. 15.Non-Disehar in System: Any system which is designed and constructed to prevent the discharge of wastewater. Ia rermit: An approveif natural resource p.act:cc3 uppi:e�t:o..; -130 .cicr.ca to herein as installation permit. 17. Pollutants: Any chemical, biological, or physical substance whether it be solid, liquid_ gas_ or a quality mereol, wn:cn a.elc.,sca :..to Irec„Y„o�.;,■cnt can, by itself or in combination with other subsuutces, create a public nuisance or render that environment harmful, detrimental. or injurious to F. c nu.i1n, 3u[cty o;' or to domestic, commercial, industrial, a6riculturaI, recreational, aesthetic, or other beneficial uses. 18. Public System: Any system owned by a county_ city_ special service disc-;ct, or other eovernmental entity or Indian Nation havinb the authority to dispose of wastewater; a municipal wastewater treatment facility. 19. Repair: To remake_ reform, replace_ or enlarge a failing system or any component thereof as is necessurT to restore proper operation. 20. Scar..: The side of a hill, canyon, ditch, river bank, road cut or other seolosical feature characterized by a slope of fol Ly five (45°) degrees or more from the horizontal. 21. Sewage: Sewage has the same meaning as wastewater. 22. Standard SVstem: Any septic system recognized by the Environmental Health Service throush the adoption of desibn and construction rerJations. 23. Subsurface S,stem: Any septic system with a point of discharbe beneath the earth's surface. !4. S-, stem: Bebinninb at the point of entU physically connected piping, treatment devices, receptacles, structures_ or areas of land designed_ used or dicated to convey, store, stabilize, neutralize, treat, or dispose of astewater. 25. Wastewater: Any combination of liquid or water and pollutants from activities and processes occurring in dwellings, commercial buildings_ industrial plants; institutions and other establishments, together with any groundwater, surface water, and storm water that may be present; liquid or water that is chemically, biologically, physically or rationally identifiable as containing human waste, grey water or commercial or industrial pollutants; and sewage. 26. Waters of the Ouinault Indian Nation: All waters located upon or bordering the Quinauh Indian tceservation, whether flowing or stationary, wnetner aoove or aeiow the surface of me ground, and whether diffused or contained within a defined water course or water body of any kind, inciuuing ground water, wettanus, ponds, reservoirs, �c....i�, �iX Arv....... Section 02. GENERAL REQUIREMENTS 01. Intent of Regulation: The Environmental Health Service (EHS), in order to protect the health_ Swcly, L..13 o...:.v.u..t..t or mc .wupto of the yuinault Indian Nation establishes these rules governing the design, construction, siting and abandonment of individual and subsurface sewage disposal systems. These rules are intended to insure that wastewater benerated in the Quinault Indian Nation are safely contained and treated and that wastewater contained in or discharged from each system: a. Are not accessible to insects_ rodenw. or other wild or domestic animals: b. Are not accessible to individuals. - c. Do not give rise to a public nuisance due to odor or unsightly appearance; d. Do not inure or interfere with existinb or potential beneficial uses of the waters of the yuinault Indian Nation. 02. Compliance With Intent Required: The Environmental Health Service shall not authorize or approve any system if, in the opinion of the Environmental Health Service, the system will not be (is not) in compliance with the intent of these rules. 03. System Limitations: Cooling water_ backwash or backflush water. hot tub or spa water, air conditioning water, water softener brine, groundwater, oil, or roof drainage cannot be discharged into any system unless that discharge is approved by the Environmental Health Service. 04. Increased Flows: Unless authorized by the Environmental neaIth Service, no person shall provide for or connect additional wastewater sources to any system if the resulting flow or volume would exceed the design flow of the system. O5. Failinc S.stem: The owner of any failing system shall obtain a permit and cause the failing system's repair: a. As soon as practical after the owner becomes aware of its failure; or b. As directed in proper notice from the Environmental Health Service. 06. Subsurface System RenlacemenE t►rea: Hn area of land which is suitaote in au respects for the complete replacement of a new subsurface system disposal field shall be reserved as a replacement area. This area will be kept vacant, free of venicwar trarrte anu rree or a.—.y so:i modification which would negatively affect its use as a replacement disposal field construction site. 07. Alternative System: If a standard system as described in these rules cannot be installed on a parcel of land, an alternative wastewater Elisposai system may oe pc...■.Elea .I inur 3ystcm is in accordance with the intent of these regulations and is approved by the Environmental Health Service; at its t7iscredon apptyine nest ine ac3.b„er of alternative systems must be a Professional Engineer licensed in the StUte of Washington and experienced with alternative systems. 08. Vested Rishts[Non-Conforming Uses: Failed system: Repair or replacement of an existing system. 1. Dwellings or a suucture unit served by the system must not be altered, remodeled or otherwise chanced, so as to result in increased wastewater flows. 2. The reason for failure should be determined if possible. 3. If failure is due to a6e, the system may be repaired or replaced with a similar system that shall be consuucted to come as close as possible to current dimensional and se[ back requirements. 4. If failure has occurred in less than ten years and is due to increased wastewater flows or poor site characteristics, an alternative or larger system must be constructed as close as possible to current dimensional and set back requirements. Additions or Alternations: Changes to an existing strucmre or dwelling, such as remoaeting. 1. The addition or alternation will no[ cause the existing system to become unsafe or overloaded. Enough reserve area for both the original and additional shall be preserved. 2. The addition or alternation will not be additional or new dwelling units. 3. The wastewater flow will not be increased significantly. 4. The area reserved for replacement cannot be used for the addition. Section 03. PERMIT AND PERMIT APPLICATION O1. Permit Required: Except as specified in SubseCdon 005.02. it shall be unlawful for any person to cause or to perform me mollification, repair; or constructio., of any :..ti:.:auut or subsurface sewage disposal system within the Quinault Indian Nation unless there is a valid permit (approved natural resource practice application) autnorizing inat activ:ry. 4 02. r,xceudons io re....alieQ.+:. �...�et: i ho acti ities listed in this subsection may be lawfully performed in the absence of valid permit. a. Portable non -discharging systems may be installed where needed as temporary wastewater zi., stems if the., are properly maintained and if they are of a desir:,., which has been approved by the Environmental Health Service. b. Individual and subsurface systems may be repaired when needed as a result of clogged or broken solid piping or of malfunctions in an electrical or mechanical system. Such repair may not expand the system unless authorized by the Environmental Health Service. 03. Permit Application: The owner of the system or the owner's authorized representative shall make application to the Environmental Health Service in writing and in a manner or Dorm prescribed by the Environmental Health Service. 04. Contents of Application: A permit application will be used to help determine if the proposed construction will be in conformance with applicable rules ana regulations. mio.—at;o..;.. the application may include, but is not limited to: a. The name and address of the owner of the system and of the applicant, if different; b. i he IegaI description or me parcel of tans[ inciuuine: i. Parcel Number ii. i ownsnip ana xange iii. Lat/Long or Decimal GPS Location c. t ne type of estamisnme..t se..-, va7- d. The maximum number of persons served, number of bedrooms, or other appropriate measure of wastewate! no.. e. The type of system proposed; D. i ne vo...tmet;o.. met;.;ry (.ew construction, enlargement, repair; g. A scaled or dimensional plot plan including_ if needed_ adjacent properties illustrating: ;. i ne to.aron and size of all existine and proposed wastewater systems including disposal field replacement areas within the property and adjacent properties; ;;. i ne toeation of all existins water supply system features on the propenyy and adjacent properties; iii. The location of all surface waters- iv. aters:i . The location of scarps, cuts, and rock outcrops; v. Land elevations_ surface contours_ and ground slopes between features of interest; moi. Property lines, easements, and richt-of-ways; and vii. Location and size of buildings and su-uctures. h. The plans and specifications of the proposed system which include: i. Diagrams of all system facilities which are to be made or fabricated at the site; ii. The manufacturer's name and identification of any component approved pursuant to Sections 007 and 009: and iii. List of materials. i. Soil description and profile_ groundwater data -percolation or permeability test results antQor a site evaluation report; a. A minimum of one (1) test hole shall be provided for Environmental rtealth services to inspect 5 to determine soil type(s) and depth to groundwaeer or other restictive layer. More test holes may be i. The test hole shall be a minimum of three (3) fee► wide, ten (10) feet deep or if a restrictive layer ;, found prior to 10 feet the excavation can stop and long enough that the soil profile can be seen. b.The applicant may also have a soil scientist or qualified engineer evaluate the soils groundwater data or other data. c. Environments] Health Services will make the final decisions concerning site acceptauhity, type of system that is acceptable, maintenance requirements of any system and other requirements. j. The nature and quantity of wastewater that the system is to receive inctuaing tile oasis ror tnat estimate; k. Proposed operation, maintenance, and monitoring proceaures to insure the systo..... pa.-fo,,..u..00 and failure detection; 1. Copies of legal documents relating to access anti to responsiniiires 1-0;- and rand monitoring; m. rt statement from the Vu -4 manning Liepartment :..tt:r1-t:..6 inwt tnc p.oposcd system would not be contrary to QIN building ordinances; n. i he signature of the owner or me proposetl systo... -im, :t muviOnt; of the applicant; and o. Any other information, document, or condition that may be required by the Environmental rneatm service to suosta..t...ty mit inc p.vpoaotl ..,stem will comply with applicable rules and regulations. 05. Basis for Permit Application Denial. The Environmental Health Service may deny the permit appt;our.'o..;r;n mr, Li-iv;.onmcntal Health Service;s'udgment: Z;. i nc wppt:�auvn ;s :..complete, inaccurate, or misleading; b. The system as proposed is not in compliance with applicable rules and regulations; c. i hc system as proposed would, when put into use, be considered a failing system; d. The design and description of a public system was not made by a professional engineer; a. Public or central wastewater treatment facilities are reasonably accessible. 06. Notice of Denial: Upon denial of an application the Environmental Health Service shall no¢ify the applicant of the reason(s) for denial. 07. Issuance of Permit: When, in the opinion of the Environmental nealth Service; the system as proposed will be in conformance with applicable regulations; the Environmen►al Health Service shall issue a permit. 08. Application and Permit Valid for One Year: unless otherwise stateti on we appiicatioa. v.- permit, .permit, it shall become invalid if the authorized construction activity is not completed and approved within one (1) year of the date of issuance. 09. Permit Renewal: At the discretion of the nnvironmentat neattn Service, a pe....;t or, renewed one (1) or more times upon request by the applicant or owner provided that the request is received by the Environmental nealth aervice prior to me permifs 13ate of exp;■.Gv,,. 10. Immediate Effect of the Permit: A valid permit authorizes the construction of an individual or�.o�wtIuoo s,stom ana req --fres that the construction be conducted in compliance with plans, specifications, and conditions contained in the approved permit application. Any deviation from ince pir...a; Spo.ifications, and conditions is prohibited unless it is approved in advance b, the Environmental Health Service. I2. Existing Permits: Individual and subsurface sewage disposal installation permits or other lot -specific approvals for systems issued prior to April 7, 2009, pursuant to Quinault Indian Nation Code Title 60_ will become invalid one (1) year after written notice is given by EHS notifying the owner or holder of such a permit or approval that the permit or approval will no longer be valid unless construction or installation of the system provided for in the permit or approval is commenced within one (I) year after giving of the notice. 13. Abandonment May Be Required: The Environmental Health Service may require as a condition of issuing a permit that the system be aoanaonea oy a specinetl date or uni[o. .,peo.i.o predetermined circumstances. The date or circumstances will be established before the issuance of the permit and be contained in the permit application. i nese conuitions may roiato to w �poo.ro date, dwelling density, completion of a municipal system or other circumstances relative to the availability of central system services. IZL _operation, iviaintenance, anal tvioniiorin2: ins ric-0 Service ma, require as a condition of issuing a permit, that specific operation, maintenance, and monitoring procedures ae ooserven. inoses p.vooi[�.o� ..:li n� �o,.t..:..�8 :.. tho permit application. E). As-tsuht mans anis mcc:n.at:o.;3: i no Environmental Health Service may require, as a condition of issuing a permit, that complete and accurate record drawings and specifications iiop:ol... 5 tncur.tu-i construction be submitted to the Environmental Health Service within thirty (30) days after the completion of the construction. Alternately_ if the construction proceeded in vo.;.pli..r.00 ..ith the approved plans and specifications, a statement to that effect may be submitted. 16. variance: A variance is a departure from the provisions of these res.,lations for special circumstances related to a specific lat_ when suict application of these regulations would cause an undue or unnecess.uy hardship, or would otherwise be unreasonable or impractical, and when the EHS determines a variance can be issued for improvements_ repairs, or construction that meets the intent of these ree..lations. An applicant may request a variance in writing, or the EHS can grant one on its own initiative. i t. reriormance Donti: i ne nri5 may require applicant to pro3a..t to it w porio.,.._.00 no,.it p.:o. to issuance of permit not 'Lo exceed the estimated cost of the repair or consuuction of the proposed system. Section 04. SEPTIC TANK DESIGN AND CONSTRUCTION STANDARDS Septic tanks approved by the State of Washington will be accepted by the EHS for use within the tceservadon it tney meet the minim--... Wup..o:ry acgmi-ca tno.,o rules. Specific Washington 7 approved septic tanks may be rejected if there construction is sub -standard. Other septic tanks must meet the following conditions and be approved by the Ena. O1. Materials: New septic tanks will be constructed of concrete or other materials approveti oy the Environmental Health Service. Steel tanks are unacceptable. 02. Construction Requirements: All septic tanks will be water tight, consuucted of sound, durable materials anti not suoject to excessive corrosion, itecay, r.ost aa...a,,e o. viae K.T.5. 0.3. Concrete septic ianxs: Nr,.. eo.',e,ote avpt:v t.nK. ...11 ut a ii.:nii.—mm meet the folloriins requiremenw: a. i ne watts a..ti moo. ...wat Or, at teat twe u..ti -half t2 1.11) inches thick if adezivately reinforced and at least six (6) inches thick if not reinforced. n. Cv„e,vtc l,as or ro ers must be at least three (3) inches thick and adequately reinforced. c. The floor and at least a six (6) inch vel tical Pot Lion of the walls of a poured Lank must be poured -t the same time (monolithic your). d. Wall sections poured separately must have interlocking joints on joining edge. e. All concrete outlet baffles must be finished with asphalt or other protective coatins. 04. Horizontal Dimension Limit: No interior horizontal dimension of a septic tank or compartment may be less than two (2) feet. 05. Liquid Depth: The liquid depth will be at least two and one-half (2 1.'2) feet. but not greater than five (5) feet. 06. Manufactured Tank Markings: Septic tanks manufactured in accordance with a specified design approved by the Environmental nealth Service, will be legibly and indelibly marketi with the manufacturer's name or trademark, total liquid capacity and shall indicate the tank's inlet and outlet. 03 /. tvtinimum i anK Capacities. a. Septic tanks serving one (1) or two (2) single dwelling units. All septic tanks shall be at least two k2) compartment or two (2) single compartment tatucs in series; with me urst compartment or tanK being at least 50%' but no more than 11 of the total required capacity: Table 1 MINIMUM CAPACITY PER DWELLING UNIT irumoer of netfrooms ivr...:...a a Juki;.:ti E;;,-C:ty t�wtlOu�) I w /- luau or ion() For each bedroom over four (4) add two hundred fifty (250) gallons. b. Tanks serving all other flows. Septic Lank capacity shall be equal to two hl Limes the average daily flow as determined from Subsection 007.08. The minimum tank capacity shall be one thousand (1000) gallons. 08. Taole z. Wastewater mows vrom various sources in Canons rer Lay. DWEe-;NGs GPD Single Family Duelling and Mobile Homes Add ISO 450. unit gallons per bedroom for each bedroom over 3 Subtract l00 gallons per bedroom less than 3. MULTIPLE RESIDENTIAL Hotel: With P-.m;v B..thm 75 Bedspwcc Withcet Pei:atw 13-th; 55.:Hcdsp�ce Molcl: 55.'Be6pacc Wi;h Khchc —i 75 Bcdspacc Boarding Ilouse: 150; Bedspacc Add for each nonresident i5 Rooming HouselBunk House 55. Resident Staff Resident 55:'Slarf Nonresident -5.'Stafr Ap..ruw. i- S.c Siegle Fa .... ly FIe- INSTITUTIONAL �scmbly Ilalltm .iing Howe -3-1 Church 41Seai With Kitchen IO/Scat Hospital, a50/Bed-,-w Kitchen only 40/Bed..-r... Laundry only 60/Bcd.-r�:• Ne-ieg HeeeclR.at Here. 2SO1Bedspoee Day School w;,how Shoe 20lSmdcn; Wish Show— 3015;-wdcn; Wish Cafc;cria, add 8lSmdcn; Staff Rcaidcni "—Mrr Nonrmid-a _e.3taa� FOOD SERVICE Cw=7M1:-e_l S.e.:.e. T=il_i o -d K:t=h— W..tm =o1M�l K:tch_e W.,et.. lo/Mwl T..ke Out ee Se .glc Sonic. 61M.rl Din;rg [Lull: Totict a -d Kitchce W--.; 201M,ai K;I.hcn W.3 -,c3 101M-1 Drinking Establishment 5/Person Food Service Employee : 5lEmplayee COMMERCIAL AND INDUSTRIAL E Bowling Alley --5,Lanc Laundry-Self Service (YO/Wash Public Transr_rt-t. n T-_-:w.l 51FrPM Sm:ae S=11en Ioivehiel.. Car W—h 13,B..y Add tion..] Baya 5v, . chic-- hiu-1s: i ttvv 5ve Zach Shopping Center (No Foo(Maundry) I/Parking sp Th-1wp Z1.-...lath: ; Cwwgw--ism.. Stcwd) A-dit-;;--wt D;:: w i w 5/Swt 101Sp....e OfGeo 201Ernplvyec Fsttorro Nv Shv+. crs W"th Showers -ddfor Cafcc 'a 25/Employee 35,Employee ImEmployee Stores :!Employer .5/customer SEASONAL AND RECREATIONAL Fc:rgmend (Peak D»i1x A:;rndc.-,cc) I1Pcrse.-. Su.d:um 2,Su,t Swimming Pool: Toilet and Shower Wastes =O1Pcrson Parks and Camps jDay Use): T=i let _wd Shs-w W-1w 2O1Pw _- Read,:da Rml Area: To-'lei ..-d Show. or Wrstcs Te[!el W....:e 201Pcrsm.. 10/Pcr.,.,.-. O.cnaght Accvm.,.odatsnn.: Cctrtrsl Toilm Central Toil— ..nd Showur 3o„crsan 5. cz n Designated Camp Area: Toilet and Shower Wastes Toilet Wastes 1=5: Spacc 65,- Space Seasonal Cam; 50..'Spw■ L;;..wry C-b:.-. 75:Pcree.-, Trnvcl T.uilcr Pa.k ai.h Sc+rcr,�nd Walter Nvvk--ap 125-'Spacc eonntrocci.,n ea..,p 50iPerson Resort Camps 50:Person Lu::m C_tw;- 100: P--- Ceentry Club- R.=-da Member Add for New.=id-1 Member 1001Membw 25:Pa 7.. Public Rte:.—m: Toilct W—i� Tvilct mad Shower Wast I U. P.n 25.-P"—n 09. Total Volume: The total volume of a Septic tank will at a minimum be one nunaren nneen percent (115%) of its liquid capacity. 10. Inletts: a. The inlet. into the tank will be at lease four k4) inches in diameter and enter the tanx tnree (a) inches above the liquid level. 10 b. The inlet of the septic Mnk and each compartment will oe suomergea oy mea. -.S or - .c„ tca [cc or baffle. c. Vented tees or baffles will extend above the liquia levet seven incne. t) --t ..or closer than one (1) inch to the top of the tank. d. Tees should not extend horizontally into the tanx oeyona two (2) timci the a:�„ctcr of the inlet. t t. vurtets• a. The outlet of the tank will be at least four (4) inches in diameter. b. t he outlet of me septic tanx anis eacn cv.,.pWn■..c.,t ..a be submersed by means of a vented tee or baffle. c. v entea tees anti owriic. 7,in c --terra .bo-;. the liquid level seven (7) inches or more above the liquid level but to no closer than one (1) inch to the inside top of the tank. a. l ees a; -.t[ o..ritc. �.'n bclo.. the liquid level to a depth where forty percent (40%) of the tank's liquid volume is above the bottom of the tee or baffle. For vertical walled rectangular tanks, tn:3 po...t :, " forty Percent t40%) of the liquid depth. In horizontal cylindrical tanks this point is about thi�iy-five percent (35%) of the liquid depih. c. t ccs and baffles should not extend horizontally into the tank beyond two (2) times the diameter Of the outlet. 12. Scum Storage: A septic tank will provide an air space above the liquid levet wnicn will oe equal to or sreater than fifteen percent (15u•0) of the tank's liquid capacity. For horizontal cylindrical tanks_ this condition is met when the bottom of the outlet port is tocatea at nineteen Percent (190 o) of the tank's diameter when measured from the inside top of the tank. I3. Manholes: Access to each septic tank or compartment will be provided by a manhole twenty (20) inches in minimum dimension or a removable cover of equivalent size. racn ...wnnotc co c. will be provided with a corrosion resistant strap or handle to facilitate removal. 14. Inspection Ports: An inspection port measuring at least eight (8) inches in its minimum dimension will be placed above each inlet anti outlet. tvtannotezi cc . --o.tautca for inspection Ports. 15. Split Flows: The wastewater from a single building sewer or sewer Iine may not be divided and discharged into more than one ( t) septic taiR or co...pan...c..t. 15. tY UIdUle t anx or Compartment Capac.tv.: iv uni .►e cptic tanks or compartmented septic tanks connected in series may be used so long as the sum of their liquid capacities is at least equal to the minimum tanx capacity computeu L. Jwosccuu. u0 /.I]/ and the initial tank or compartment has a liquid capacity of one half (112) but no more than two-thirds (2-3) of the total liquid capacity of me septic tante faculty. l/. tante -i minimum separation v.sta..cc, tsctwcc.. Septic Tanks and Features of Concern• Features of Concern Minimum Distance to Septic Tank in Feet Well or Spring or suction Lane Public Water Other 100 50 Water Distribution Line Public Water Otner 25 10 Permanent or Intermittent Surface Water 50 i emporary aurirace water 2D Downslope Cut or Scarp 25 mwening rounnation or nuitain Z) Property Line 5 Seasonal nign water Level Vertically from Top of Tank 18. Installation of Manufactured Tanks: If written installation insuuctions are provided by the manufacturer of a .,e.t.c taruc; it 'i 'ons relative to the stability and integrity of the tank are to be followed unless otherwise specified in the installation permit of these rules. 19. Manhole Extension: If the top of the septic tank is to be located more than six (6) inches UGIO YY tnG f...:,nGti grade, manholes will be extended to within six (6) inches of the finished grade. A. Sectional Tanks: Sectional tanks will be Joined in a manner that will insure that the tank is wale, tight. 21. Inlet and Outlet Pi is : Unless otherwise specified in the installation permit; piping to anti from a septic tank or dosin5 chamber, to points three (3) feet beyond the tank excavation shall be of a material approved by the Environmental Health Service. The following materials are requires: a. ABS schedule foray (40) or material of equal or greater strength piping shall be used to span the excavations for the septic tank and dosing chamber. b. ASTM -D-3033 or 3034 plastic pipe may be used to span the septic tank ana tiosing cnamoer if the excavation is compacted with fill material. i. The fill material must be granular, clean and compacted to ninety percent (yU °ro) stantiara proctor density. ii. Placement of ASTM -D-3033 or 3034 on undisturbed earth is suitaoie_ out in no instanat:on 3nw1i there be less than twelve (12) inches of cover over the pipe. 22. Effluent Pine Separation Distances: Effluent pipes shall not be installed closer than fifty (50) feet from a well. 12 23. Septic Tank Abandonment. twsponsibility of properly abandoning a septic tam snail remain with the property owner. Septic tanks shall be abandoned in accordance with the following: a. Disconnection of the inlet and outlet piping; b. Pumping of the scum and septage with approved disposal; c. rilling the septic tanK witn eannen materials; or d. Physically destroying the septic tank or removing the septic tank from the ground. acot:o- 95. S i ANDARD SUBSURFACE DISPOSAL FACILITY DESIGN AND CONSTRUCTION 01. Standard Drainfield: n drainfield consisting of an effluent sewer, one its or more aggregate filled trenches and gravity flow wastewater distribution system. These standards will be the basis of acceptable design and configuration. Overall dimensions of a specinc raciuty wai dvt,v..tt site characteristics and the volume of wastewater. 02. Site Sa4tabil' The area in which a standard drainfield is to be constructed must meet the conditions stated in this subsection: a. Slope. The natural slope of the site will not exceed twenty percent (209-0. b. Soil Types. Suitable soil types must be present at depths corresponding with the sidewalls of the proposed drainfield and at depths which will be between the bottom of the proposed drainfield and any Iimitins soil layer (effective soil depth). These regulations adopt and incorporate by reference the USDA Soil Classification and USDA Field Test Textural Classification. c. Effective Soil Depths: Effective soil depths, in feet, below the bottom of the drainnein must ve equal to or greater than those values listed in the following table. Table 6 Effective Soil Depths Site Conditions Design Soil Group Limidng Layer A B C Impermeable Layer 4 4 4 Fracturea I}earocK, rissurea nearocK or Extremely Permeable Material 5 $ a Normal Hi h Ground nater i,evet 6 ZF Seasonal High Ground Water Level 1 1 1 d. Separation vistances: the drainfiem must oe tocatea so mat me maintained or exceeded according to the following table: 13 it able 7 Se aration Distances Feature of Interest Soil r ype A ALL A B C Public Water Supply 100 .5 acre* 1 acre* Not Allowed Ali Other Domestic Water Surrlies Including Srrinrs 100 1 acre* 1.5 acres* 3 acres* and Suction Lines watt-. Lista ibution Lines: Pressure 25 Suction 100 oa intermittent Surface Water Other than 300 200 100 Irrigation Canals & Ditches Median High Tide Line along Coastal and Streams 500 Temporary Surface Water and Irrigation Canals and 50 liitenes Downslope Cut or Scarp impermeaute Layer.Luove ease /3 Do A Impermeable Layer Below Base 50 25 25 Building Foundations Crawl Space or Slab 10 easement 25 Property Line 5 e. Minimum lot size for drainfield is a function of soil type and type of water supply for single iamiiy Homes. no,.,G. ..an ,.,o.o uta., �:� ls) o�m.oms or desi.,ned to have excess wastewater (such as from pool type bathtubs) may require more lot size. Lot size for structures other than single fa.,,:ry no..,,.3 wai ov v, u Vsc b, casr, basis, but in no case will the area required be less than a single family home in the following table would be require. Table 8 Soil Type see chart on page) Unsuitable A B C Unsuitable With PWS Not Allowed .S acre* .5 acre* 1 acre* Not Allowed Individual Wells Not Allowcd 1 acre* 1.5 acres* 3 acres* Not Allowed * Usable area for septic system drainfield. excluding house footprint, drivewayks), water bodies; streams, non -accessible areas etc. 03. Subsurface Disposal Facilitv Sizinz: The size of a subsurface disposal system will be determined by the following procedures: 14 a. Daily flow estimates should be determined in the same manner as are flow es,ima,es for sep,ic tank sizing in Subsection M r.Ma. b. The total required absorption area is obtained by dividing the estimated daily flow by a value listed in the table below. i ante s Table Design Soil Group A B C Absorption Area - Gallons/Square Foot/Da., .75 0.45 0.2 c. Required %rea. The size of an acceptable site must be large enough to consrract two �2) complete drainfields in which each are sized to receive one hundred percent (100%) of the design wastewater flow. 15 04. Standard Subsurface Disposal Facility Specifications. The following table presents additional design specifications for new subsurface sewage disposal facilities: LAISLL4 Y SUIi�UKi'ACC, U15Y�5AL 1'AC1L11 Y Item All Soil Groups Len n of lnUl.y.t1sat Lrsr.-:nwrou Lars. ais ivu rent lvtax:...w... Grade of Distribution Laterals and Trench Level uottoms Width of Trenches 1 Foo, Minimum 6 reet tviaximum Depth of Trenches z Feet Minimum reet maximum Total Square Feet of Trench 1500 Sq. fi Maximum unl3isturoen Larrn netween i rencaes o reet ivanimum Undisturbed Earth Between Septic Tank and renenes M reet ivlinimum Depth of Aggregate: I ora, 12 inches iviinimum Over Distribution Laterals 2 Inches Minimum under Listriourion Larerais o incnes iviinimum Depth of Soil Over Top of Aggregate 12 Inches Minimum 05. Wastewater Distribution: Systems shall be installed to maintain equal or serial effluent it:siriowt-.'o... cv--o9 nuii ov --.cd to maintain equal flog in drain fields with two (2) or more laterals. z;. IN t, a:3rnowroi-i nun nF11 oo :..31..11cd ..hick does not provide equal flow of effluent to all outlets. The distribution box shall be set on stable soil or otherwise suppoILed to prevent misalignment. The a:�lrin=l:on box shall hae a method within the box to equalize flow once the box has been installed. o. lno.o shuts b� ra least three t3) feet of solid ripe between the distribution box and the beainninr of any drain field. 06. Excavation: Trenches will not be excavated during period of high soil moisture content when that moisture promotes smearinb and compaction of the soil. 07. Soil Barrier: The abbreeate will be covered throughout with a syahetic filter fabric (geotextile)_ a three (3) inch layer of suaw or other acceptable permeable material. 16 Os. rv,_,_rerate: 1 he trench as�resate shall be crushed rock Gravel, or other acceptable, durable and inert material which is- free of fines__ and has an effective diameter from one-half (1.:2) to two and one-half (2 1:'2) inches. 09. Im..ermeable Surface Barrier: No treatment area trench or replacement area shall be covered by an impermeable surface barrier, such as tar paper, asphalt or tarmac or be used for rarkine or driving on or in anyway compacted and shall be adequately protected from such activities. 10. Standard Absorption Bed: rsbsorption bed disposal facilities may be considered when a site is suitable for a standard subsurface disposal facility except that it is not large enough. a. General Requirements: Except as specified in this section, rules and regulations appticaole to a standard subsurface disposal system are applicable to an absorption bed facility. b. Stove Limitation: mites with slopes in excess of eight percent (a°. ) are not suitaote ror absorption bed facilities. c. v enicutar it ratnc: nubber tires venictes mus[ not oe ariven on the nottom surroc or w..y Dca excavation. a. L_istrillution_l.ateral Spacing: uistrinudon late.at3 witn;.a w oca cc sp. cca on not ,iczztcr than six (6) feet centers nor may any sidewall be more than three (3) feet from a distribution lateral. 11. Failing Subsurface Sewage Disposal System: If the Environmental Health Service actermines utat the pumice'. nGwttn ..t ..3K tro... r. I..atva o. iu.t...b se .tic system and that the replacement of a failing or failed subsurface sewage disposal system cannot meet the current rules .;-.Cl .�b..twt:o..�; Enc., MV .cyt..Cc...o..t sy.tcm must meet the intent of the rules and regulations, utilizing a standard subsurface sewage disposal design or alternative system design as specified by Mc r....riC..nn SC, riCC. Section 06. MISCELLANEOUS O1. Desi,,n A ro;al Re wired: Commercially manufactured wastewater treatment and storage components may not be used in the construction of a system unless their design is approved by the Environmental Health Service. 02. Plan and S,.ecification Submittal: Plans and Specifications for all commercially manufactured individual and subsurface treatment and storage components will be submitted to the Environmental Health Service for approval. Plans and specifications will show or include as requested by the Environmental Health Service, detailed construction drawings_ capacities, structural calculations, list of materials, evidence of stability and durability, manufacturers installation_ operation and maintenance instructions, and other relevant information. 03. Effect of Design Approval: The Environmental Health Service may condition a design aFproval by SFecityins circumstances under which the component must be installed, used, operated or maintained. 04. Notice of Design Disapproval: If. in the discretion of the rnvirontnental nealth Service_ it believes that the component described in the submittal may not be in compliance with or may not 17 ao.,.:s[ontly ru,.�[:on in cow„}.t.,..,�e �.:[n mt,V .G,mations, the Environmental Health Service may disapprove the design as submitted. The manufacturer or disu;butor submitting the design for a,.,ro al will be notified in ...tin., of the disa,,,,ro v al and the reason for that action. Section 07. INSPECTIONS 01. One (1) or More Inspections Required: Such inspection as are necessary to determine com,,liance with any requirement or,,rovision of these rules shall be required by the Environmental Health Service. 02. Duty to Uncover: The permittee shall, at the request of the Environmental Health Service, uncover or make available for inspection any portion or component of an individual or subsurface system which was covered or concealed in violation of these rules. Vy. Falvance Notice By rermittee: if an inspection requires some type of preparation; sucn as test hole excavation or partial construction of the system, the applicant or permittee will notify the nnviron[nentat neann Service at Least lorry -eight lzF$J nouns in advance, exctuaing weeKen0s ant[ holidays, before the time preparation will be completed. 04. Substantiating Receipts and Delivery Slips: The permittee shall upon request of the tnvironmentat riea[tn Service proviae copies of rete:,,[..; aer,very„[:t.3; to substantiate the origin, quality, or quantity of materials used in the consiruc¢ion of any individual V!, 3Z;n._r1.VV Section 08. LARGE SOIL ABSORPTION SYSTEM DESIGN AND CONSTRUCTION. 01. Site investigation: A site investigation for a large soil absorption system by a soil scientist and/or hydro.,eolobist may be required by the Environmental Health Service for review and approval and shall be coordinated with the Environmental Health Service. Soil and site investi6ations shall conclude that the effluent will not adversely impact or harm the waters of the Quinauh Indian Nation. 02. Installation Permit Plans: Installation permit application plans, as outlined in Subsection 005.04, for a larbe soil absorption system submitted for aFproval shall include provisions for inspections of the work during construction by the design engineer or his designee and/or by the Environmental Health Service. 03. Module Size: The maximum size of any subsurface sewage disposal module shall be ten thousand (10,000) gallons per day. Developments with greater than ten thousand (10.000) gallons ,,er day flow shall divide the system into absorption modules designed for ten thousand (10,000) gallons per day or less. 04. Standard Large Soil Absorption System Design Specifications: 18 — All desisn elements and aFFlications rates shall be arrived at by sound enbineerinb Fractice and shall be provided by a professional engineer licensed by the state of Washington and specializing in cn-;ironmental or sanita,—y enbineerinb. b. Within thii-ty (30) days of system installation completion_ the design engineer shall provide either as -built Flans or a certificate that the system has been installed in substantial comFliance with the installation permit application plans. c. Effective Soil Depths: Effective soil depths_ in feet. below the bOltom of the absorption module to the site conditions must be equal to or greater than the following table: 013.04.c. TABLE 10 -- EFFECTIVE SOIL DEPTHS Sire Conn' rons Design Soil Group Limiting Layer A B C rm ermeaole Layer a a s Fractured Bedrock Fissured Bedrock or r,xtremeiy rermeaote iviaterim I2 8 6 Normal High Ground Water Level I2 8 6 Seasonal High Ground Water Level 2 2 2 M separation Lisrances: ine tl'SFosai ....- ao.,o.Fr.'a.....oftic no looutva so thut thr. separation dlsumces given, in feet, are maintained or exceeded as outlined in the following table: i ABLE 11 — SEPARATION DISTANCES Feature of Interest Design Soil Group A B C All Domestic Water Supplies aewabc voiu...o 2, 00-x,000 urli z50 200 150 Sewage Volume 5,000-10,000 GPD 300 250 200 rropeny Lines Sewage Volume 2,500-5,000 GPD 50 50 50 :sewage volume z),000 -10,0u0 GrU 15 Building Foundations Basements sewage volume 2 -DMI -a,000 uru Z)u :)0 a0 Sewage Volume 5,000-10,000 GPD 75 75 75 liownslope Cut or scarp Impermeable Layer Below Base 100 50 50 19 11 Separation Distance Between Modules 12 12 12 e. No large soil absorption system shall be installed above a downslope scarp or cut unless it can oe demonstrated that the installation will not result in effluent surfacing at the cut or scarp. f. H minimum of two (2j disposal systems will oe instattea, each sized to ..00epE tno nw.ty ac.:b.. flow, and a replacement area equal to the size of one (1) disposal system will be reserved. g. The vertical and horizontal hyarautic limits or the receivin6 soils rinui ov r,.twoi:.nva u..n flt,..s shall not exceed such limits so as to avoid hydraulically overloading any absorption module and replacement area. h. The distribution system must be pressurized with a duplex dosing system. i. H geotexthe Titer Iauric snail cov vi- tnc j. An in-line effluent filter between an extended ueaujtent system or lagoon system and the large soil au.,o.pr.'o.. wiv. anui k. Observation pipes shall be installed to the bottom of the drainrock throughout the drainfield. t. r..vw...-t:G t ea .,,uen,,.v,—yy travel over the excavated infiltrative surface is prohibited. in. The drainfield disposal area shall be consuucted to allow for surface drainage and Lo prevent po..o:na of surface water. Before the system is rut into operation the absorption module disposal area shall be seeded with typical lawn grasses and: -or other appropriate shallow rooted vegetation. 05. Large Septic Tanks: Large Septic Tanks shall be constructed according to Section 007, except as outlined in this Subsection: a. LenEth to width ratios must be maintained at least at a three to one (3:1) ratio. b. Tank inlet shall allow for even distribution of the influent across the width of the tank. c. The width to liquid depth ratio shall be between one to one (1:1) and two and one-quarter to one (2.25:1). 06. Monitorins and Renordne: Before an installation permit is issued, a monitoring and reportinb plan shall be approved by the Environmental Health Service and shall contain the following minimum criteria: a. Monthly recording and inspection for ponding in all observation pipes. b. Monthly recording of influent flows based on lapse time meter and/or event meter of the dosing system. c. Monthly recording of ground water elevation measurements at all monitoring wells if high seasonal ground water is within fifteen ( i y) feet of me ground surface. d. Semi-annual ground water monitoring at all monitoring wells. e. ivionitoring shall conform to me requirements of ait feaerat, moat, Mato ...x tovwt rcb..l..ro..s. f An annual "Large Soil Absorption System Repot" shall be filed with the Environmental Health Service no later than January i t of eacn year for the last twelve (t 2) i..oa.tn pe. ma .u.II 3n -ii ` i_..i-de section on operation, maintenance and monthly and annual monitoring data. 07. Operation and Maintenance: Before an installation permit is issued, an operation and maintenance plan snail oe approven oy me r...vironmv..tal t1e.,ltn Jo..:vr. ....a sn-i contain the following minimum criteria: 20 a. Annual or more frequent rotation of the disposal systems, and whenever ponding is noted. b. A detailed operation and maintenance manuat, fully descrioing anu Locating au elements or [ne system and outlining maintenance procedures needed for operation of the system and who will be responsible for system maintenance; shan oe suamittea to the rnvironmentai rlewim ae..mr, to system use. c. A maintenance entity 5nan oe Speo:ret1 to F'VV;ily cv,.ti�.�.ca oF�.ur.'o.. ana maintcnan� Approval of Lhe emity shall be made by the Environmental Health Service prior to issuance of an instanation .erm'I. Section 09. SEPARATION GUIDELINES M. huccti;c rich Ucan to rorou3 Lu vers or Groundwater. 1 ne Ivlly .-Mza I'MIC. N.vT:3c. 5..J3..a.ca Ingav[c..—,a..:..:..� ctTootiTC evil act,m rr.,..—. the nottom of absorption fields to eery porous layers or to normal hibh r,.oundwater. lAi3LC 15 Minimum Effective Soil Depth, in Feet, by Soil l,esign 3uugroup to me limiting Layer LZ;yc.r Soil Design Subgroup A-1 A-2 B-1 B-2 C-1 C-2 rracturea tlenroCK or vtffer rorous Layer O J ZF 3 .3 2.J No. -.....i n:,,n G.-ou..d water 8 4 3 3 2.5 Seasonal High Ground Water 1 1 1 1 1 1 02. ntteetive Soii ueptns to lmpermeaofe Lavers 1 ne fonowing guirlance may oe usea to rie[ermine —me etrective soil tfeptn oeiow aoso.Yt.vi-i rola, to impermeable layers, such as dense clays or caliche. TABLE 19 r iective soil veptn_ in reet_ to lmpermeanfe Layers PercentI Acres tope 1 I c 3 zi 15 or .—.ere 20 3.0' 2.8' 2.5' 2.3' 2.0' 16 3.2' 2.9' 2.6' 2.4' 2.0' 21 12 3.,+' 3.1' 2./' 2.zi' 2.0` 8 3.6' 3.2' 2.8' 2.5' 2.0' 4 3.8' 3.4' 2.9' 2.5' 2.0' 0 4.0' 3.5' 3.0' 2.5' 2.0' Conditions of approval: 1. The impermeable layer is thai soil or geological feature thai is less permeable than a C-2 soil. The Iayer must be contiguous and unbroken beneath the absorption field anal its replacement area Por at least 10' in any rlirecrion from mese sites. 2. Ads acent lots are of equal size or lamer. 3. This guidance is applicable to standard systems and capping fill trench aliernatives. �t. minimum distance to a property line on the flown -scope side of ine aosorprion flela ana its replacement arca mus! oe at le -s! 10 feet. 5. The lateral hydraulic conductivity of the effective soil should be such as to transport the combined preciphation and wastewater flow throubh the soil withoui surfacinb. 03. CRITERIA FOR REDUCTION IN SEPARATION DISTANCES TO PERMANENT WATER Table 20 Rule Set Back Soil Class Soil Reduction Vertical Soil Depth Above Water: >25' and Depth to Limiting Layer: >10' Maximum Setback Reduction Minimum Distance to Surface Water Minimum Distance to Mean High Tide 300' n-1 0 2a' 20' 2ro' ZOO, 300' A-2 25' 25' 50' 250' 500' 200' B-1 0 25' %5 175' 500' Zoe' n-2 20' 20' o'u' foe' oeu' 100' C-1 0 0 0 100' 500' 100' C-2 0 0 0 100' 500' In no case shall the distance to mean high tide be reduced for new systems. Existing permitted system T c1,1�.ec111ent MAI be i-.3 6c.,t ..3 p033:ble. Q, -.1.c. ::fico 3yst.m rc1.14ccmvnt ...,a3t prv7c tllwt Dic 7y'atc- :.11 not artect Human neanff or the environment. The distance to permanent surface water may also be reduced to not less than 100' for all soil types when it can be demonsuated that_ 1. The surface water is sealed so ihat there is no movement of groundwater into the surface water body or the surface wafer body is discharging into the groundwater and: r. 1 nere are no dmiting layers oetween the elevadon of me rlrainnela anti me elevation of me sui aca waicr. Each site should be reviewed on its own merits. Additional criteria such as population density and watershed characteristics, must be examined before an allowance is granted. r*lternative systems may be required. No At il:v..ul Icon m.iullo.. Wa�cc .�.uy ne &.rilca ,ry itnort . formal variance Procedure. 04. Standard percola.;on Test i nc µav ut Inv Pcivviatio.. tact for nccKS o.. sites au..vys aiiia Soil analysis data ONLY. It is not to be used as the sole determiner of a Proposed disposal site's infiltrative capability. 05. Groundwater Level Groundwater levels can be established by recorded observa¢ions of Lhe changes in elevation of the groundwater's surface in a hole or well over a period of Lime applying best practices in the industry. 23 bvct....-. !0. �1ANV KU �UW5UKVACE SErTIC SYSTEM COMPONENTS Diznv-W;--1 iceyuireme;uts for w Standard Drain6eld Street well 7T(-1 5D Wern.pq —1 r -o menTded w In tlfil�/ ■ Dwelling l t:n• �ii� / I u rir. "rtcm Vmn 'ield anu 0 nenince lenli xm Septic Tank . 6' Mn Drainfieid 7 ! id45SA-,11 lLtli Glass 5$n = C�0 ;i SS C noci Ice [3i0 P I Property line Replacement Area Nates: r. ine m3mm aom a iQ I Em m w i1WEitutg --.M-- oa.semem w N rear. 2 There mmt be a minim of 6 feet between absorption trenches and from iw � e—u aacues or oeas to the repo uzm area,. i. lite 5 110 F i = the septic toner tv the dra-mUeld is b feet. 4. The minimmn dstance oct veen a u=uuig sewer atm a IWc we -11 zs A reeL 24 CROSS SEC 7ONAL VIEW OF A STANDARD DRAEW= ©4" �• Eed ici DhL Pertnruet �n �� *:IIIOiI� tW �uJ "} r Min ....P:.. V Tin, CkAACLLt Ai.Rribxrinn wtl� gauSaxuaa. �: "' A:�-.fold l' Min. Derail WC —Q °�A" Perf—ted PT■. 2' Min. 6F41 D � �. o A_I6 a`_: .'A70,41ae�s#�D'!S ii iF f fi 4' NW. 91 Z: x®4"®rtcrw I Mnc _�+BR+P rF Components of Standard S, stems: Interceptors (Clarifiers) and Grease Traps: Interceptors (Clarifiers) and grease trans are specifically designed devices installed to separate and reiain materials_ such as greases_ and oils from sewage. They are usually installed between the discharging fixture, such as a sink or slaughter pad, and the wastewater treatment device. In this sense_ they may be referred to as a pretreatment device. i nese Cevices or Midonal pretreatment devices ...ay DC ao,3w:.Va Ivy 10--31;.-I establishments, such as food service establishments, car washes, slaughter houses or other esiamisnmenis nisenarging suostanees in ineir w—tew..ici In..I �Y vwl7i DC Colri...Cntai to Inc 3cc-Y Ugc disposal system. Effeciiveness of the pretreatment device is substantiated by monitoring the critueni aiin .Gporl...b Inv opa...Ire.. U..d ...u:..IC...:..GC pGrrv..aaVM A.—.y e --or. -rplyi..s It, a.'.,vn_,c Uv.;.wl.G YY.IJIGYYUIo. Lv a 3ZbSl:.rl.co scYYage disposal s,stem shall be required to provide the characterization of the wastewater suength and sufficient ...1o....Kro„ Iv CHb, CvCua..cair..b Incl the YYasteYYatcr ..ill not ad—,ersel, affect the waters of the Quinault Indian Nation. Commercial establishments with wastewater suengths exceeding normal ay...c3t.0 YYUJICI'YUICI JErvi.,tn, .3 SGp.CIGd in Table 08, are required to pre -treat the wastewater to normal domestic wastewater strengths. 25 saute Va. Limral lL wHa ir-wx i=rL 9.13rtt%A9- LZM13LZM13110-3 rENMI a mass Loader fWcaprday tan MMan mgrs 1otalSvndS il]-110 �1� votaau a0aM W -n> >SD•}DO Susmided Solids 35-50 200-290 V oL buspended Solids 1.349 i 30.240 DyD3�rJu s00•aYu Chemical Oxygen Demand 115-125 680-730 160 lvrtto 6-11 35-100 ttmmaaia L -s rig NO, and NO t=1 t Total Phospborus j-3 18-29 rnospnau L� K14 L Oau wuummn rota - on Fecal Cohfarms- - ®r -10 (M andrGNMe - 16-45 7V a]r-rn, i YA Leap zaamn unite wastewater LreatmeQt RM LJLSPosat Jyst®53 L eats 4:] i._1y. A 1'or room remdentm dw&i*-j-pped X11 standard wate�-.. .. a f xtmmi and aw—lum 4 (excluding garbage digwsi—wj genrsatmg appr=matuy wj gpcff CL f ipM). nasea an the results t..—Effe-d = usrrx 1ym, re_tere+c. t.oneenr —do-- prsenm z.»a----- .r., r-- uta. aiegr st, tt L_, L -L- Amason RE 1.i,. Converse. LYSR. MMm— wastewater � site treatment and dtsp M: UFz-sr-- wastewater Treace., N66Rdmgs of the 4th National 3ymposium on iumvi= i—= --Imatl 4ammmllty Sewage systems pup r, at josepn, W rr -tiMuy (A ogE sephc tans[ e7llmut rats, 5M and y—ae was j8 mgrs.) luloaaaaulivii on these deices is found in the most current version of the Uniform Plumbins Code. Plans and specifications for these devices must be approved by the QIN Building Inspector. Building Sewer: The design and installation of a building sewer is under the jurisdiction of the QIN Building Inspector. The QIN Buildine Inspector must approve any plans involving the construction or installation of a building sewer. 26 Septic Tanks and Dosing Chambers: Both concrete septic tanks and dosing chambers should be placed on original soil. t hey should not be placed on unconsolidated or uncompacted fill greater than six inches deep. Some fill is often necessary to make a smooth bearing surface in the bottom of the excavation that will receive the tank or chamber. Concrete tanks or chambers will often leak if not coated with a bituminous coating or other sealer. Such sealing is recommended in all dosing chambers ana septic tan—KS ptacea in or near groundwater or porous soils. All plastic, polyethylene and fiberglass tanks musit be installed according to the manufacturers' requirements. An sepr.'c tanx., n --.c w ...unnoty ot,vnin., is deeper than six �6) inches below the ground surface. The riser must come within 6 inches of the surface. Dosing chambers must have tncrc ..,wnnote e-tc;.aoa to Inc E'.Uf ..vv. NrsS Schedule 40 or equivalent is required to connect septic tanks to dosinb chambers. It is also required as the pipe to span the septic tank excavation and at least three (3) feet beyond. Specifications: 1. General: a. The manufacturer shall provide structural design and certification by an engineer licensed in the State of Washington upon request. b. The tank shall meet the minimum standards for the State of Washington and be approved by the Susie of Washington. c. The QIN EHS has the right to disapprove any septic tank that does not appear to be in compliance with its general approval. d. All septic tanks shall be installed according to manufacturer instructions, unless alternate installation methods are approved in writing by nna. Septic Tank muanaonment: if in the opinion of the nrtn a septic system is abannonea anti it is necessary to protect the public's health and safety from eventual collapse of the septic tank or its misuse, the nris shall require the septic tanx to oe aoanaonea ay: a. Disconnection of the inlet and outlet piping, and b. rumping of the scum and sep[age with approves aisposat, anti c. Filling the septic tank with earthen materials or d. rhysically destroying or removing the septic tanx from the grounu. urainnetss: wneiner it is a trench or a oea_ site arainneta snouts ..ot ue consuuvtcs ..nc.. Inv 3V:t :3 -.Cu. VT wetter than its optimum moisture, it's at the optimum moisture that soil will compact to its maximum auhity ana [nus reduce its capaoitiry to transmit water. i ne wmi: y to oo.,.p.,o1 ..,.a 2". restrict flow is particularly true of finer soils, such as silt loams and clay loams. It is nor as critical :.. —.as or s.n , loam,. H it is entirel, unavoidable to excavate the drainfield when the soil is drier than optimum then the sides and bottom should be raked to relieve any compaction. Backhoe buckets and teeth can very effectively smear both side walls and bottoms. Therefore, raking should be done manually with a suong iron garden rake after all excavation with a backhoe is complete and before the drainrock is rut in rlace. Drainrock should be checked for cleanliness before it is placed in the trenches. Long transpo,tadon time generate additional fines. If drainrock is found to be unsuitably dirty when it arrives at ire site, it can often be cleaned in the truck by tipping the truck be slightly and washing the rock with a strong stream of water. Trenches do not have to be constructeB straignt. it is always preierawe to iouow tno ov.avG. or Eno land. The drainfield must not be installed in floodways, at slope basis, in concave slopes or depressions. iirainfield areas snau oe constructea to allow surraee i[.w..,wbe wa.ti to .ondin., of water over -the drainfield. Table 25 gives the length of the trenches in the 3 soil subgroups (A-2 has two application rates: see tante r in me aoits ant[ urouT.0 w..tva baeUo..). Table 25: Are Requirements and total trench length for a standard subsurface se`vage disposal system. Number of Bedrooms Gallons per day 1 250 2 350 3 450 4 600 5 750 6 900 Soil Type Total Area 334 467 600 800 1000 1200 A 6' wide trench 56 1 78 100 1 134 167 200 3' wide trench 112 156 200 267 334 400 wide trent 134 I87 240 320 400 480 2' wide trench 167 234 300 400 580 680 Soil Type Total Area --► 556 778 1000 1334 1667 2000 B 6' wide trench 93 130 147 223 278 334 3 wide trenZh 186 260 334 445 556 667 2.5' wide trench 223 312 400 537 77 800 2' wide trench 278 389 500 667 854 1000 Soil Type Total Area —► 1250 1750 2250 3000 3750' 4500 C 6' wide trench 209 292 375 1500 625 750 wide trent 418 584 750 1000 1500 2.5' wide trench 1 560 1 768 988 1200 1506 180tl 2' wide trench 625 1 875 1125 1500 1875 2750 28 Any total wench length that exceeds 500 ft must be a pressurized system. No single trench may exceed 100 feet in lenbth. Trenches can be from 1 to six feet in width with a minimum of six feet of undisturbed soil bet—ween wenches. 5eriai uisrr:Dutio..: On slopot[ it i. ono.. p.eier.-DIV to --Sc ,erial distribution; that is; distribution such that each trench in order is completely filled before effluent flows to the next wench. The use of this method J distribution will not be typically accepted within the VIN Reservation boundaries. The use of distribution boxes is the preferred method (discussed later) with the QIN Reservation boundaries. Cancra cr Payeft-d— Box witlr Lki _ Fold Plastic Pipe Nam �Tranch. Drop Box Dews ami ronp] 011—rX In r ne arop poxes are constructer[ v tn..i euon Lrv..en :, eo...pLcLcLy Hooded before the effluent flow runs to the next down-slope uench. Care must be exercised in excavating the connecting line netween tre..onos. MVVENA.b ur errlwern ao..n Leis exca.ation is a common cause of surfacinb effluent in serial disuibution systems. The excavation should be just deep enough to accept the saia conneeto. Drainfield Soil Barrier: HLtnvz;bn 3Lra�.:, ..n acceptable co.er for drainrock; aeotextiles of treater than one ounce per square yard weight are recommended. Geotextile materials are particularly recommended in soils LnuL ai.c.y no . ,when wet, such as uniform fine sands or silts and in pressure distribution systems. 9 Exhibit O Aerial Photo — Lagoon, 1967 ,� -- � w �� � ;;r �� 2�J 'y'. '"y}F �` .r !M{rSry� 7rry '� 5r- 3"� . � • a Y� S t, s: • -' _:-ey;. ��IS -� "} � r*�+.� a eY • ��ei',�, �(r'���7�r fir; ,;. r tYfw �. !-_ a y �R� ��a ���f - ~�4 'qt - , t 1! � `w o '` L -,o s ' v � ,'�',rx. r� �aL_��?.. °�'ar; � _. +. = �'-.Tr'sr�y, � ~ �., ♦' ,� ^€ g� 1 -� f :-N� €r .. y � c1 s � r r• � wr ,Sk �. ?.. ti,4 w•:oz7.1 h 9i ... y _ � t.� _ +r� � .** `•a +„yam ti ^�.- aw r • - -*:.. - ��. _ 1 s � S +� r,3 � -, - „•. � 9 � *�' 7 r -_i S�s � rw��� x�w � ti ~.� � 3 � -� •fit r �,{ , S.,- �' �'` "i '31 Y�,- st' •'r .� 'r. .. s, a5w .• r�'rf� � �"�,i �W +t- �� ���o `�:+` •�,rr _ 5 `^s. 1 ,� � n i -.� . J F - „ . _ •r �ry7 'Iris 1'h �� r w, ��� rg � - _ t � � Y `•• T rS�; X .. . �, + 4;, � : •- { } ♦ r, r"{•,f t r � a -� it � V '!�`�T lti: x ,� r � i%„ � i n, .,i 1� y§s �i„s4".''a'r.:_.� .Jez,a +�-,�� au,:► i~'Kd4 y -f: r, • '*f (tit ?'ts-� x •icy sr +(y �.s7, a S � .; � r{4'�7 r �. � je L �, r +�A' /a'* 5 4�Wi'y�`" �- 'e,,. x .� .� ._ +* < •t ..r��r K �- +ice � • ,�r..4 yty r lye }`«1 �` - - '� a. !'l .t` � ' } l fR e5}' ♦ �`•�,. o'1r F��: r`. :''1� ^'� ..'��� f ^ {" �-: ,�.-w - L , '' .t ■ 7:r.ax+ T a�` x ?4 r '1' '°".� 2 ;,�4y, 4''� r "�.Y" c��rr �� w J- ;0. ,y '$� f �4r• �, ATS,_ 4. C'S'!r�, yr'i�,� *. �c,,. irtit� � 1rtri r .�r�� �{w >ryr r m -a y� & �%w r "-w • '*�,. ��� x ��.. ��vY«a.. b��.. �• } r°y` �*^ .t Fw:' "i ���� 5!"3.r+' � � 'ta , $ +i r}�t �`• k '�:.r ,3'••. ?�� a^Y...��_ � �:'"'� �'tSK'' i e'er t s! . ' e i _; rA1r! ti+, ' "'•.4 "4• �.:�, -ty•'�l .tt`' ��, :•!5}rt { tS� �. :.J u. �. X �.;._ �'�t �'. t�~` t :S ++-.- •. �;'�' Si-Ti� �'t �' r w .ar s� fi , p � T., 1 r r :, t ,tiy. �ara•�t-." �'�' r, �b � �y`rVSfaEy�3. s s `�}�,t Z .•,�r�>�� Y s + 1 ,S �. s �t� i s.+ �-'�„r} -w "r 4., �"J, � �wii.� r��1 4L +'• 4� • " Lsf �sdrs s �f4j .T ' s, �. -y +a 'Y. S• +r�.•_71�rn * +F;=� •5��. -°aS 1w',(1rti-�� � �r �c'it�,� ,n �T.�s" ;�; 7 d`}���''.,^3�{' �.Ey �, •. 'r'9, f } V�'�b'f��",`��'.yt'�r� sr�..•?4 ti�.�a��iW ;� =� �i ,`4.v �� 1 y. �i t .° +R,r a `h h' rt�y, 4..y��v? R� � � ��~�; j.* u A'L M ' 4 _l` +-� } ~ •' • y� ' .a. fr T � IL�,�' 'fi � y�' 3 •i rr'R?`1+�— .t ° ' %� :. • •'r �r • „� } w� i ws, +� h -�� "}��{ `�` �, � >o. � : �,",'r S { �r'r�'S�lr � ` t _ . � � 5 ,�'- ���� ... 3 c�,a'�P{ 't' 'A frr.�, ti -" '1 2 a� oF• �s -,+' es '+4 ,.. atm 's�,� r +,�"���+ JL5 �� 3,r7r t d' .s.r � 1 � ,.� `�.� �`4�.•i;�a ¢rn �� %+ ; �+a �.'� r Z w+ } 4 .. r c�' ; •YET . to �� W. ,i� dr ar .7c;_1ST •.g. S'T+� r•' _4* �i.'��Y��'����"�» S5 �,r, 1i�. ��'."�py 1'i... •Y yam. Y�.� �ti� - • br'yh •�r17 i..i>wraq� {4. � _- r`x��e�-�`tii1 e �.r ��"S '9�4+ e .rt�-+wli �„�t r- ..,?: pr'�> @�+ r.rr, �"� ��, .� �y'{�y`"biT`+ �••y['•�t�'�i�l�''�w��= ro �•=i'-� �'r,4?7y a� Ilk- -V3 lkr- . r� t 1t H 7-. >,e Y 1' 3'! 5, +1'•. } i 1�. `'r Rr..ii i. + "ZION r 31 _741 p ss � iaS zh-�-+�y y�}�.�•,� 5 �*t�` .+. 't 4�} c :;:Y -+n' '� '� r � -•s i r•a' '�, a.. -, `� �ys� • 5 :,.'1{�. t� �i�i.'C yy�s�-!a"a L h �,'S _ � t t }�:� +r�� +s�r5y+ iyy,,,, 5� _ �' �. +` �r K� �' w,f- �i i+�a��$t." ^r i •1+w. � _ c'.vs'r5' r'#�a �`�'dr�i a"7-`w'i� � �; a � Sis * �k -. �i vz� ,�i, r � � i.• ♦ S +� � ^r• 'S`'re -r' t a` �t�- "� #�� ti ` - �.s �11 .. tif�t`.S r17u 1�� '•n �w �`��� .•L;it �A�` ^�`a" =43 y.,��: � .l �`� �'r - - :�'4 ���r:. fh,�r.,,�av M a ,•3 rt.ti �,'i , + }. L r •+ _ ,.i<; r..�5 � .� -la � L'"'4 [� •i' w «..a .k'Y ;tYi k•�r r .� �.'-t_r ��* t,,. 7 -.-t'�` � r 4�,'- +•,•. S' � 1. ,� ]w �' ,s` r .. � � f -� x - �..y"��:ti�,;,+`S. ��,�.i°k't}_�t-.ifi'ipn ��-'�Ti�°' ,��."��[ Tr,`.• � :. ��{.c..-- 4 � '4t#,,,.;•4�, r+?'�..,, c54 tr•`: _ '*tom r� r � � 4�'t � �r� 'g�h9 , � S } A sLr+ r _ s e a.- exhibit Y Acs ial Phutu — Laguon, 1977 �K� f:ir7 r �� f ria s + � N p . �.. °J�,•�4;,�g;�a � };�3�'. r.'�a I pAr3 a I:'.i f �f f' Ye�41 +3y ,+r s s E aR" �f t `J,i'L+ i r.(• ,+�' aI.i�F pc �fi-a. I i s ;T �.� y.e,y r r '-,e �3 'fir �y-°s1�•psr��r t � y;�!� 1. 1 "yi Y'e.W{", �'�� F 4'• A�� I'Y `i'� c � � 10 tX • i � low t d moi, aP� 'Pi. PI i'{.:'!F .� i a `.N . a { '11� ut { I �: T a y s i y'J� Y „1 -..il j a� goo s-• 'dam " '� � s y.� 4, r}� •, a � . 11 1;>wl ,•� ' 3a s JV r.40 jil, F '-' � �, � � P p"a^ ] x. "� SS ¢r°1 i' x 4#^ + s � 1 �;��.ear � �'� +•Y ,� _yam a' a, ' t (. y, r � .� i :�, 'Y�'4s�' .- - i -. .', `P ,^�. �•' s � - a..� R d . '� , r.s - T. a - I)' 4f • P _ �. r .� ' - . �.'.--rte �'F � - �. _ ^�• , s , 4 hxhibit Q Map of Histui is Use DOCUMENT SOURCE SHEET Repuzitury Narrielinternat: Western Washington University, Center fcr PaLific Nurth.a5t Studien, Bellingham Call Number/Record Group; Box; File Name/Uri: Mvv EtRnonistory Series vlll, Box 8, Folder 8 Datu CollectedTDownloadGd: 2014-02-05 Researcher's Name: Diane Byrne Authoi : Title/DescriptionlBooklJournalNolume: Exhibit 74 from Docket 155/262, uuileute Map Date: Pages CopiediDown loaded jAIIIPp) : All CommentslRelevant Portiun5: Map shaving bunnda, 65 of tribal activities, including fishing, on the NW Pacific Caast. quilento Quinaalt Both 0 0 0 CONFIDENTIAL Atty o, W v; K P.-cae.t rrivi,ege'u attorney-Mient Communication Prepared for On -Going Litigation