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. March 12,2002
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Testimony of Tcd Labbe, Habitat Biologis$ Port Gamble S'Klalh*fid[fi C,UNI'Before the Jefrerson County Board of Coun8 Commffi"f.t' C6MMlSSt.liERS
Good evening, and thank you for the opportunity to comment on the Brinnon
Subarea Plan. My name is Ted Labbe and I aln a biologist with the Port
Gamble S'Klallam Tribe's Natural Resources Department. The S'Klallam
and Skokomish tribes maintain a long-standing interest in the health of
Jefferson County's landscape and shorelines as they provide critical habitat
for a host of plant and animal species on which the Tribes depend for their
cultural and economic well-being. We are very concerned about policies set
forth under the BSAP and have drafted detailed comments to both the local
Brinnon planning group and the County on the Plan. Though minor
improvements to the Plan have been made over recent months, serious flaws
remain and I would like to qpeak to those flaws today.
First among the Tribe's concerns is the unconditional recommendation for a
golf course-resort development at Black Point. Under the County's outdated
shoreline and stormwater control standards, such a development would
jeopardize Hood Canal's precious wat€r qualrty as well as the rich and
productive Duckabush shellfish tidelands. The Dosewallips and Duckabush
estuaries support commercially- and culturally-signifi cant tidelands,
threatened salmon habitat, as well as critical habitats for a host of other fish
and wildlife species valued by the Tribe and local residents. There was no
review of developmelt imp?cq to these resources in the Plan, or in the
County's environmental checklist and threshold determination letter. Nor,
was there any consideration of water supplies, which are likely limited since
Black Point is virnrally surrounded by saltrvater. The Western Washington
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Grourth Management Hearings Bohrdis recint ruling indicating that
Jefferson County il not dotne "n:.q+ 1:
p1,3..v:* salllvater intrusion and
protect domestic water supplies has immediate bearing on this case.
Second, the Tribe has concems aboiit the process of Pian development,,:
rcview, and adoption. There were inadequate opportunities for the Tribe's
and state agencies' involvement, though the PIan will have large impacts to
Treaty resources. In public hearings, Brinnon pianning'group members
admitted their failure to consult with knowledgeable state/federal agency
staffand stated that this was intentional. The County's limited two-week
SEPA review fell during the busy Holiday season, was not conducive'to '
adequate review by state or federal agency staff, and a fo.mallrequest to ;
extend the review period was flatly denied with no justification piovided.
Throughout the process, Jefferson County staffmaintained that the
DEIS/TEIS developed for the County Comprehensive Plan would also serye
+ltfolBrinnon Plan. But new conditions have arisen since adoption of the
Comprbhensive Plan: salmon stocks have bben tistea under ESA, we have
new science on the harrrftl effects of stormwatei'runoffand inappropriate
shoreline development, and the Corurty has relaxed its rules governing new
resort developrient and locdil zoning. All ihese.n-g", require devblopmdnt
of a supplemehtal environmental impact analysis to futly address and :'
mitigate impaits to sensitive' environdintal featurei:" the Tribe provided
detailed mitigation opportunities for County staffio'use to condition any
devetopifient r..o*ii6rrdation at elaik plint in'ttre'Ptan; these included'
information on Black Point'wetlahii;, potentiat st#dm'i6sfd#ti5n' rr
oppii.tiiniiiis, iird landstiiG tiazard areas.'we ricdmfienadO that these'' '' '
miiigatiriri'odr*;rn ititi"i bd fifrkdd to dnfrESSiUiit+'ilop#Aiii' .' ';i 'r';i"i! ;i*iti
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recornmendation to ensure there is adequate environmental protection above
and beyond the minimum and inadequate safeguards of the UDC; however,
our necommendations were apparently ignored.
Once ado,pted, the BSAP formally becomes part of the County's
comprehensive plan, which directs day-to-day permitting and planning of
County staff. The recommendation for a resort development at Black Point
is panicularly inappropriate because it conditions County staff to look
favorably on fonhcoming project-level proposals though no analysis of
cumulative effects to water quality or fish and wildlife populations has yet
been completed. Please remand the Plan to Community Development with
the requirement that DCD complete a strpplernental environmental impact
analysis. A full EIS would allow area residents, the Tribes, as well as state
and federal agencies more opportunity to weigh in on proposed land use
proposals and recommend mitigation opportunities. Many of the mitigation
opportunities kanscend what is possible or achievable at the individual,
project review phase - this includes tools like transferable development
rights, which are better implemented at the scale of the Subarea.
The seriousness of this matter warrants a serious approach to resolving these
problems. Legal challenges have beerr mounted and the issue may have to
be resolved in the courts. The Tribe is currently evaluating its optionr#"
drafted a letter to the County Commissioners requesting a formal
government-to-government meeting on this matter. We want to work
through these issues with the County together, in the spirit of cooperation.
Please do not ignore us.
Thank you.