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HomeMy WebLinkAbout001$ti. ura Point No Point Treaty Co unci I ts G ls fl \\f Ii; TO:Jefferson County Deparhent of Community JAN I 4 n02 FROM: Port Carnble S'Klallam . Lower Elwha S'Klallam . Jamestown S'Klallam ' Skokomish Lo4b /,l4q December 21,2001 Randy Harder, Point No Point TreatyCouncil Sharon Ptuser, Port Gamble S'Klallam Tribe Keith Dublancia, Skokomish Tribe Ann Seiter, Jamestown S'Klallam Tribe DEPT. RE:Brimon Subarea Plan SEPA Review Thank you for the opportunity to commeht on tte SEPA threstrold determination for the Brinnon Subarea Plan (BSAP). The Port Gamble S'Klallam, Jamestonm S'Klallam, and Skokomish ribes maintain a special interest in the Brinnon areq as they depend on local fislr, shellfish, and wildlife resoures for their cultural and economic well-being. Tidelands harbor commercially-significant shellfish populations, the Dosewallips and Duclcabush rivers and their deltas serve as critical habitat for threatened salmon, and the entire areahosts a diversity of other important fish and wildlife populations valued by the Tribes and local rpsidents. Past habitat loss and degradation stemming from poor development standards and destnrctive land use practices has resulted in clostue of shellfish harvest areas and drastic salmon population declines, thereby jeopardizing our Tribes' court-affirmed Eeaty rights to fish. In particular, we are concerned that new development impacts permitted trnderthe Briruron Subarea Plan will further erode the health of native fish, shellfish, and wildlife populations and undermine our Treaty rights. The Tribes provided comments and public testimony on earlier drafts of the Plan and some of ou suggestions were incorporated into a subsequent version. However, many of our concenut are ouBtanding. In the following comments we re-state our outstanding concens, provide new analysis on the environmental suiability of Black Point for resort developmen! and cornment on the adequacy of Jefferson County's environmental review process of the BSAP. Lack of Considerationfor Impacts to RegiorwllySignificant Fish and Wildltfe Poptlatioru ond Habitats - There is liule infomration in the Plan on regionally- significant fish and wildlife populations inhabiting the Brinnon arca, or on the prestrmed impacts from development proposed underthe Plan- And there is virtually no consideration of these concenu under the County's environnrental checklist or threshold determination letter. This shorfall is particularly notable when one considers the areas importance for a host of protected qpecies, including chinook and summer-nur chum salmon, bald eagles, tumpeter swans, and harlequin ducks, as well as commercially- and culturally-signifi cant shellfi sh tidelands. Nowhere is this deficienry mone notable than in the Plan's rpcommendation and the Cotmty's concurence with the development of a Master Planned Resort at Black Poinf 7999 N.E. Salish Lane . Kingston, Washington 98346 a Kingston (360') 297 -3422 a FAX (360) 297-3413 I I Black Point and the Duckabush estuary (immediately to the south) harbor ntrmerous at- risk populations that would be impacted by large-scale development as ouflined in the plan. The east shore of Black Point possesses several documented bald eagle nesting areas (WDFW Priority Habitats and Species database), while the south shore harbors an undocumented heron rookery (personal observation). Subsantial waterfowl concentratiorui occur in the Duckabush eshrary, and known priority species utilizing this teasured environment include: bald eagles, harlequin ducks, hooded mergansers, and tumpeter swans (WDFW PHS database). In marine areas surrounding Black Point, herring and sandlance spauming use has been documented (WDFW PHS database); these fish species serye as vital prey rcsources for a variety of bird, fish, and mammal predators. The protection of remnant sandlance and hening nursery habitat is critical to the maintenance of food webs in Hood Canal, since much of this habitat has already been lost due to harmfrrl shoreline development practices. The designation of an MPR at Black Point would intensiff upland development in an outlying area, near sensitive shoreline habitats potentially jeopardizing shellfish tidelands upon which the Tribes depend. As the embalments and estuaries of Hood Canal have been developed into marinas and where intensive residential develop,ment has resulted in water qualrty degradation, shellfish harvest has been limited or closed. Many of these areas were among the most productive habitats, thereby rmderrrining the long-terrr viability of our Tribes' natural resource-based economy. One such area that would be at risk from development proposed urder the BSAP is the Duckabush deltq currently one of the most productive and important shellfish gathering areas used by the Tribes. The development of a golf course and resort at Black Point would cenainly jeopardize the health of this important shellfish harvest area. During a recent field visit to Black Point, Tribal staffverified the existence of numerous sensitive environmental features that would likely be degraded by umitigated resort development, and documented several off-site mitigation opportunities that could be used to condition any future development at the site. Several ponds lying within what appear to be unique "kettle holes" dot the landscape of Black Point. Extemely rare in Puget Sound, kettle holes are pitted depressions formed in recessional outwash when glacial ice bloclcs become covered with sediment isolated, and then subsequently melt, These particular ponds are bounded by steep slopes, lack integrated outlet or feeder sheams, and though they do not harbor fish populations, are likely important amphibian breeding and refuge environments. Steep side slopes render these ponds extemely vulnerable to surface rurofffrom surrounding development, and several lying north of Black Point Road have already been degraded by rwrofforiginating from adjacent residential development. It is not clear how these features would be protected if Black Point were to be developed as a resort-golf course complex. As elsewhere in Jefferson County, there are unmapped and mis-typed streams on Black Point that harbor or drain to fish bearing waterc. One of these sbeams, draining to the southwest comer ofPleasant Harbor, thougb currently classified as a Type 5 water, qualifies as Tlpe 3 according to its physical characteristics. An access road crosses the creek in two places and both crossings have fish-blocking culverts, one at the creek mouth. The repair of these culverts and restoration of the lower creek represent excellent oflsite mitigation opportunities for any development at Black Point. Finally, the largest of the kettle depressions possesses a surface water connection to the main body of Hood Canal and several feeder streams entering from the south and west (B). An illegal rock crossing with no culverts or other fish passage opportunities blocks access to a large, productive wetland complex fed by seasonal sheams to the south of main tidal inlet. This crossing is offthe subject property slated for development but again, its repair/upgrade would serve ar an excellent mitigation opportunity. Incomplete and Inadequate Environmental Reviant Process -Under SEPA, Jefferson County is required to complete an environmental checklist to determine if identified impacts warrant the development of a full Environmental Impact Statement for both project and non-project actions. The cursory analysis completed by Jefferson County DCD in a December lOs threshold determination letter and environmental checklist concludes that the Plan does not constitute a "probable significant adverse environmental impacf', and that it's elements were covered under alternatives examined in the County's Comp Plan DEIS/FEIS, thereby satisfuing SEPA review requirements under WAC 197- I l-630(l). We respectfrrlly disagree with this conclusion for the following reasoilt. First, new conditions have arisen (nanrely, salmon ESA listings) that warant clossr scrutiny of development proposals inlnear sensitive environmental areas zuch as wetlands, sfreams, estuaries, and floodplains. The NMFS has since designated the shorelines and waters of Puget Sound and Hood Canal as critical habitat for threatened Puget Sound chinook and Hood Canal summer rut chum. The Brinnon area harbors some of the last remaining highquahry chinook and summer chum habitat in Hood Canal. In addition, since the completion of the Comp Plan DEIS/FEIS new information on the deleterious effects of stonnwater nurofffrom urban developme,nt has come to light, an issue that was not adequately addressed under the uniform development code (JDC). These new conditions and information werc not considered during the original Comp Plan EIS process, but bear directly on the thorough environmental review required for adoption of the BSAP. Second, new development is proposed underthe BSAP that was not part of the original Comp Plan (e.g. an expanded Brinnon RVC, and a MPR at Black Point); these proposed developments were not considered rmder the original DEIS/FEIS, therefore it is inappropriate to conclude that it is applicable to the BSAP. In particular, the expansion of the Brinnon RVC to include additional parcels east of Highway l0l would intensiff land use in this area and contribute additional stormwater nnoffto the nunrerous estrarine sloughs and wetlands of the Dosewallips delta. The creation of a MPR at Black Point would have both on- and off-site consequences (detailed in the above section). It should be noted that since the Comp Plan was adopted,limits on the creation of additional MPRS have been relared, and the Black Point properties in question have been re-zoned from private canrpgrouod to I dwelling unit/I0 acres paving the way for more intensive development as advocated by the BSAP. How will the County reconcile the development of Black Point with the need to protect sensitive environmental featues? When will adequate environmental review occur for these properties, and for the surrounding area, which inevitably would be impacted by the development of an MPR? After a recommendation for the creation of a MPR has been vested in the adopted Subarca Plan, when opportunities for conditioning development to safeguard public lesources are gone? To comply with state law, Jefferson County should revisit their Determination of Non- Significance, and recognize that new, unevaluated impacts are being proposed under the BSAP - impacts that can only be adequately addressed through the development of a full EIS. A full EIS would allow area residents, the Tribes, as well as state and federal agencies more opporhmity to weigh in on proposed land use proposals and recommend mitigation opportunities. Many of the mitigation opporhurities transcend what is possible or achievable at the individual, project review phase - this includes tools like nansferable development rights, which are better implemented at the scale of the subarea In the development of the BSAP, County staffand planning goup members did not consult with state or federal agencies, seek out information sources on local fish and wildlife populations, or, most importantly, consider how proposed development impacts could be ameliorated by avoidance of particular high-value habitats to protect this area's important fish and wildlife populations. In public hearings, Brinnon planning goup members admitted their failure to consult with knowledgeable state/federal agency staff and stated that this was intentional. Furttrennore, the County's limited two-week SEPA review falls during the busy Holiday season (Dec 12-26) and is not conducive to adequate review by state or fderal agency staffwho frequently take vacation at this time of year. At the very leasf the County should extend the review period for an additional two weeks to allow for much needed review by WDFW, Fcology, and federal agency staff. With the current lack of consideration for fish and wildlife populations and their habitats in the BSAP, it is not clear how the County can reasonably deermine that no significant adverse environmental impacts will occur - mors input is needed by additional knowledgeable individuals. Miscellaneous Concerns/Issues - The designation of the Black Point as a master planned resort (MPR) is inconsistent with the spirit and intent of the Growttr Managenrent Act and the Briruron Plaming Group's own stated goals for affordable housing. The startling income-housing cost gap that the Brinnon Planning Group has identified in their community may not be ameliorated by the development of the Black Point MPR. In fact, if Port Ludlow serves as any exarnple, the affordable housing situation may wors€n asi wealthy second home-buyers flock to the area and drive up living costs. This issue is also important to the Tribes because many of our Tribal memberc live in the area and would be impacted indirecfly as living costs increased. Issues related to floodplain management were also not adequately addressed in the BSAP or the associated County review. Floodplain envirorurents are inextricably linked with their rivers, and sustain essential habitats for imperiled fish populations. As development on the floodplain oocurs, there is loss of essential flood water storage firnctions, bank armoring increases to the detriment of in-channel fish habitat, and flooding impacts become more severe for both shoreline property owners and fish populations. Further development within floodplain is inconsistent with the twin goals of protecting sensitive aquatic nosources and safeguarding existing shoreline/floodplain property owners. New development in the Dosewallips River floodplain should be designed so as to result in no increased building footprint. Opportunities for property buyout and dike setback to nemove or minimize river channel constictions (which increase the severity and frequency of flooding) should have been identified in the Plan. Historic logiam removal and floodplain loss in the upper watershed has also likely play a role in increasing flood impacts in the lower river by reducing water residence times; the Plan should identiff the linked needs for riverine fish habiut and floodplain restoration in the upper watershed as amitigation tool for downstream flooding concerns. Finally, the County and local flood board should request ttrat the U.S. Geological Service re-activate an historic flow gage at riverrrile 7.1 to provide real-time flooding alerts to area rcsidents and as basic planning tool for effective fisheries and water resource management. Finally, we take issue with the County's SEPA environmental checklist which declares that the area is 'hot a cultural site." The shoreline of the Brinnon area is dotted with numerous S'Klallam and Skokomish cultural sites including two winter camps, and several seasonal camps, two of which are on Black Point. kr the book Structure of Twana Cultue, by William W. Elmendor{, these sites are identified and named. The cultural significance of the area to the Tribes should be more thoroughly documented in the BSAP, and sites sunreyed for archeological remains before any developmbntproceeds. In sum, there are a host of unevaluated and significant environmental impacts that are not raised in the County's environmental checklist and DNS for the Brinnon Subarea Plan. Many of these conoenu may not be properly mitigated for under subsequent project- specific development proposals. Lack of proper environmental review, creative conservation measunes, and other procedural mistakes render the County extemely vulnerable to subsequent legal challenges. The SEPA reviewprocoss represents aunique opportuoity for the Courty, working with state and Heral agencies, Tribes, and interested citizens to condition and quafiry the non-project actions like the Brinnon Subarea Plan to ensure its consistency with the GMA, SMA' ESA, and other environmental statutes like the Clean Water Act. To the extent Jefferson Couty DCD and others'?ass" on this opportunity it will represent a faihue of inclusive community planning. The Comprehensive Planning process was conceived to balance needs for economic development affordable housing, and natural resource protection. The sEategy the County has pursued to date, empowering local prodevelopment interests to draft a Subarea Plan that rolls back environmental provisions of the Comp Plan while providing only limited public review is highly suspect. Sincerely, fr*4t/,*^ Randy Harder Director Point No Point Treaty Council Keith Dublancia Natural Resources Director Skokomish Tribe Sharon Natural Resources Director Port Gamble S'Klallam Tribe Ann Seiter Nafural Resources Director Jamestown S'Klallam Tribe o^W A,,-^- f S;/*-'