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HomeMy WebLinkAbout008r , r PORT GAMBLE S'KLALLAM TRIBE 31912 Little Boston Road NE Kingston, WA 98346 (360) 297-2646 FAX (360) 297-7097 May 19, 2006 Jefferson County Dept. of Community Development ATTN: Brent Butler 621 Sheridan Street Port Townsend, WA 98368 RE: 2006 Comp Plan Amendment MLA06-00087 Master Planned Resort in Brinnon Dear Mr. Butler: Thank you for the opportunity to comment on the scope of an EIS for a proposed master planned resort (MPR) at Black Point/Pleasant Harbor in Brinnon. The Port Gamble S'Klallam Tribe maintains a special interest in the Brinnon area as the Tribe depends on local fish, shellfish, and wildlife resources for its cultural and economic well-being. Tidelands harbor commercially -significant shellfish populations, and the Dosewallips and Duckabush rivers and their deltas serve as critical habitat for threatened salmon, and the entire area hosts a diversity of other important fish and wildlife populations valued by the Tribe and local residents. Past habitat loss and degradation stemming from poor development standards and destructive land use practices has resulted in closure of shellfish harvest areas and drastic salmon population declines, thereby jeopardizing our Tribe's court -affirmed treaty rights to fish and hunt. This scoping phase is an important opportunity for the project proponent and Jefferson County DCD staff to hear about issues of concern by affected parties, in order to ensure the scope of the EIS is comprehensive. The Port Gamble S'Klallam Tribe shares concerns outlined by WDFW biologist Jeff Davis in his letter dated May 17, 2006, whic- we incorporate by reference. In addition, we detail our concerns with: the development size and scope, hydrogeology and water demand information needs, golf course management, wastewater and storrriwater treatment, incomplete ESA maps, and wildlife habitat conservation needs. Finally, we highlight mitigation opportunities that should be considered as part of the MPR designation process. Development Size and Scope — We are concerned with the size and scope of the development proposed by the Statesman Corporation at Black Point/Pleasant Harbor. This issue is important to the Tribes and others since increased traffic and intensity of land use will have deleterious impacts on the area's fish, shellfish, and wildlife resources. The Statesman Corporations preferred alternative goes beyond what was envisioned by the 2002 Brinnon Subarea Plan. As a result, the Tribe expects a more thorough and detailed assessment of impacts under the EIS. Hydrogeology .Investigation — Given that Black Point is a virtual island, an 18 -hole golf course and 1090 -unit condo unit are proposed, and the site includes a susceptible aquifer recharge area, the potential impacts to local groundwater, stream flows, and wetland geology are very significant. We are encouraged that the Statesman Corporation is proposing rainwater harvesting, water conservation design measures, and minimal irrigation. However, these efforts do not eliminate the need for a careful hydrogeological analysis as part of the EIS, to assess certain water runoff changes and its affect on sensitive on- and off-site resources. We request that the project proponent assemble WDOE and Jefferson County Department of Environmental Health residential well log information to characterize the area's hydrogeology. This information could then be used as inputs for a three- dimensional groundwater flow model to assess impacts from water extraction and groundwater contamination (from golf course management practices) on stream and wetland hydrology, water quality, and seawater intrusion. We expect that Black Point neighbors might also be interested in such an analysis, given the number of residential wells fringing the proposed development, and Jefferson County's existing designation of Black Point as vulnerable for seawater intrusion. This analysis should be completed as part of the EIS. Tfater Demand Calculations — More information is needed on water demand of the proposed development, and on contingencies if and when water from the three wells is deemed insufficient. We expect the EIS will detail these calculations inmanner that can be easily evaluated by iron -technical reviewers. Please also detail the location of these wells and how any hydrology impacts from the development could compromise their long-term viability. Golf Course Management and `Certification' — Statesman Corporation proposes to certify their golf course under the Audubon International's (AI) certification process. However, it is important to note that this group is not associated with the National Audubon Society, and is widely -perceived as an industry -led certification group. There is little information publicly available about the certification process, and what standards or benchmarks are followed. The EIS should detail the specific management practices that Statesman Corporation proposes to follow, rather than make assurances about Al certification. Several communities have required new golf course construction follow AI's Signature Golf program, which may be an option for Black Point. It is not clear from the Statesman Corporation's project literature if this specific program will be followed, or if they will seek certification after construction. Wastewater Treatment, Stormwater, and Water Quality Protection — Chief among the Tribe's concerns with a Black Point MPR are potential water quality impacts, which could have deleterious impacts to nearby shellfish beds or could worsen eutrophication problems in Hood Canal. Reverse osmosis wastewater treatment has been mentioned by the Statesman Corporation and we agree that this technology offers much promise due to the technology's ability for blanket removal of lionnones, pharmaceuticals, and other , nutrients and contaminants, in addition to dissolved nitrogen. However, the technology also results in the creation of a concentrated brine of contaminants and nutrients that must be properly disposed of. The EIS needs to detail where and how this byproduct will be disposed of to ensure it does not reach the waters of Hood Canal. The Statesman Corporation propose lining the project site's natural kettle ponds to receive and store storinwater runoff as part of their water conservation and reuse scheme. However, it is unknown if this practice would be allowable under state law since — to my knowledge — none of these ponds have ever had biological inventories to determine if they harbor rare, threatened, or endangered species. These rare, steep -sided kettle ponds represent a regionally unusual biological community type and are important habitat for native amphibian populations, since they are completely isolated from fish -bearing streams. As part of the proponent's wetland inventory, these ponds should be surveyed for amphibian species under the EIS development process. Details on measures to protect wetland hydroperiod and water quality should also be outlined in the EIS. Black Point ESA Maps Incomplete — The environmentally sensitive area (ESA) maps posted on Jefferson County DCD's website (accessed May 18, 2006) entitled "Water" (depicting streams, wetlands, floodplains, and aquifer recharge areas) and "Geology" (depicting landslide, erosion, and seismic hazards) are incorrect. In previous communications to Jefferson County, the Port Gamble S'Klallam Tribe has asked the County to correct and update this information.. It is unfortunate the County has now chosen to post this incoiTect information on their website which only serves to confuse and mislead the public about the environmental suitability of Black Point for MPR development. In a December 21, 2001 joint SEPA conurrent letter from Point No Point Treaty Council, Jamestown S'Klallam, Port Gamble S'Klallam, and Skokomish tribes, we highlighted the presence of numerous sensitive environmental features that would be degraded by resort development including unique kettle ponds and mis-typed streams. This includes streams incorrectly mapped as non -fish -bearing, which are discussed in the May 17, 2006 WDFW letter. In separate Brinnon Subarea Plan meetings, we have also requested that the County update its landslide hazard mapping to include new maps available from the State (httL)://www.dnr.wa.gov/dataandmaps/). The WDNR landslide hazard zone maps depict steep, unstable slopes fringing the Black Point kettle ponds, which are missed in Jefferson County's landslide hazard zone map. We now formally request that the County update its ESA maps to reflect the true extent of sensitive resources at Black Point, before development of the MPR EIS. A site visit with WDFW and Tribal representatives would likely help with resolution of these issues. These issues are important to the scope of the EIS and relevant to the proposed development, since they affect the type and intensity of development allowed under the County's development code. Fish and Wildlife Habitat Consenwion and TDR — At a March 15, 2006 informational meeting, Jefferson County DCD staff mentioned the County's new Transfer of Development Rights (TDR) program as a potential mechanism for use with the MPR designation. However, the TDR program will not be adopted until at least December 2006 when MPR approval is expected. How does the County reasonably expect to implement an infant TDR program at Black Point to mitigate for wildlife habitat loss? A functional TDR program could leverage the additional residential density awarded at a n Black Point MPR site, for more effective wildlife habitat conservation off-site. For , example, the forested uplands to the northwest of Black Point represent an important elle ` migration corridor between the Dosewallips and Duckabush river valleys. In addition, there are numerous undeveloped rural residential properties in the Dosewallips and Duckabush river bottomlands with high habitat conservation value. With resort . development at Black Point, there will be increasing pressure to develop luxury view p homes close by, and these important areas will be put at increased risk of habitat loss/degradation. However, a functional TDR program does not exist, and will not exist before MPR approval. Therefore the County and proponent need. to consider alternative measures to protect these important nearby elk migration corridors and river bottomland environments that will be indirectly threatened by development of the MPR. Current zoning on these lands include a mix of rural residential (1 du/5 ac, and 1. du/20 ac) and commercial forestlands on which permanent conservation easements should be secured. We ask that you consider and outline these options under the EIS. We acknowledge that only easements from willing sellers could be secured. However, recent cooperative efforts between the County, Jefferson Land Trust, andproperty owners on the lower Dosewallips River demonstrate that such willing landowners exist in the area. Mitigation Opportunities — Even a well-planned MPR development at Black Point/Pleasant Harbour will lead t_ o certain 'unavoidable harmful impacts to regionally---_-.-_ significaut-frsh,and wildlife populations. Acknowledging this 66t,1'�_e TrIbe would like to outline ha itat mitigation opportune re�Black Point that could be linked to any formal approval for resort development. We have already detailed one option, permanent conservation easements on adjacent rural residential lands Two streams at Black Point have fish -blocking culverts which should be repaired as part of mitigation for an MPR development. This include two culverts on the unnamed, mis- typed stream draining to the southwest corner of Pleasant Harbor (referenced in. the May 17, 2006 WDFW letter). In addition, a large, productive wetland complex (fed by seasonal streams draining from the south) is blocked by road fill adjacent to the large kettle pond on the east side of Black Point (with a surface water connection to Hood Canal). These crossings are off the subject property slated for development but their repair/upgrade would serve as an excellent mitigation opportunity. Thank you for your consideration of these matters. Sincerely, Ted Labbe Habitat Biologist 360-297-6289 tlabbpanst.nsn.us