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Home My WebLink About024F: 403-256-6100 7370 Sierra Morena Blvd. S.W. Calgary, Alberta T3H 4H9 www.statesmangroup.ca -----Original Message ----- From: David W. Johnson[ma iIto: dwjohnson@co.jefferson.wa.us] Sent: Tuesday, March 16, 2010 6:10 PM To: Garth Mann; Garth Mann Cc: jcoyle@pgst.nsn.us; Gretchen.Kaehler@dahp.wa.gov Subject: BoCC Conditions for Pleasant Harbor Resort Garth, Just a follow-up on our conversation regarding the Tribes. I talked to Glenn Hartmann and he was able to provide some background on the process to date. I think it's important to point out Condition K of the Bocc Conditions of Ord. approval. That condition states: k) As a condition of development approval, prior to the issuance of any shoreline permit or approval of any preliminary plat, there shall. be executed or recorded with the County Auditor a document -reflecting the developer's written understanding with and among the following: Jefferson County, local tribes, and the Department of Archaeology and Historical Preservation, that includes a cultural resources management plan to assure archaeological investigations and systematic monitoring of the subject property prior to issuing permits; and during construction to maintain site integrity, provide procedures regarding future ground -disturbing activity, assure traditional tribal access to cultural properties and activities, and to provide for community education opportunities. I called on Monday and left a message with Jessica Coyle to return my call..... No response... if she calls you to complain, Subsurface Group, conducted indepth studies of over 60 to 80 excavations on the MPR sites as requested by representatives of the Tribes et al. The excavation was monitored by Glenn and the Tribe's Archeologist. There was nothing found on any of the lands that was anticipated to be in question. The only area where any Ancestral Mittens were located was owned by WSFW close to their public dock. (I understand that when ownership was discovered ..... the concerns were no longer an issue?). We have walked the site on 2 or 3 occasions with a number of representatives of the Tribes in order that they could see the site first hand. From these site walks and our Resort's luncheon - discussions; Subsurface on behalf of Statesman proceeded with the site excavations as aforementioned. There are five local tribes that may have an interest or consider Black Point part of their Usual and Accustomed Area. I would encourage you (if you haven't already) to talk with Jessica Coyle who represents the Port Gamble S'Klallam Tribe. I know she would be interested to know that you have tried to address the concerns in their scoping comment letter. Also, it's important to future permit approval to have a clear understanding in writing among the County, Tribes and the Department of Archaeology and Historical Preservation (DAHP). To date, Grecthen Kaehler with DAHP has not heard from you. You should also contact her at (360) 586-3088. I'm sure she can help out with coordinating this process for you and assist you in working with the Tribes. David.Wayne.... we have gone above and beyond in dealing with every group and organization that feels they have RIGHTS to this property including a group that has tried to extort money.. I have personally met with most of the Tribes in the area, but up to your phone call last week, the Skokomish Tribe proved to Glenn and others that they had the Ancestral Rights for this area including the South Shore area. The Skokomish Tribe went so far as to show us records of their history and from this presentation, we agreed that they should be the Conservation Group for the South Shore Conservancy. The Tribes will Not come out and say they support any development... as you know, Irrespective, we have been very cooperative and have listened to everyone's concern, and we have complied... including the relocation of the shoreline Maritime Village as requested by the S'Klallam Tribe, in order that it complies with the proposed SMP guidelines of 150 ft. This has cost us a lot of time and money in consulting costs and redraws..but as good citizens we agreed to sucomb to their concerns. Why not just once, the Jefferson County Group stand up and say..."Enough is Enough These folks from Pleasant Harbor Resort have gone above and beyond in creating the Highest of Environmental Standards this State has ever witnessed". We are not going to listen any longer to any more frivolous talk that is not substantiated by facts. "We need this MPR to succeed in this County !" "Lets ALL support this development, and stop trying to destroy most things that are progressive." I for one ... would fall off my chair if this were ever to happen... over the past 5 years. David Wayne Johnson Associate Planner - Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 Garths response is in red. Hello Garth, I did indeed receive a phone message from you on Monday, thank you for trying to contact me. For the time being, I think it would be most productive to communicate through email. Let me make it clear that the goal of our Tribe is /not/ to stop this MPR, but make sure our concerns are addressed before it is built. I am pleased to hear that a thorough investigation for cultural resources has taken place and the new SMP guidelines will be followed. However, you need to understand that the location of this MPR is in a very ecologically important area both tribal members and wildlife depend on. It is to be expected that we are concerned with such a MPR and we want to follow the progression of this project to ensure our concerns have been met.Please advise what concerns you have with the MPR? Now is also a good time for me to clarify that there are other tribes who have ancestral rights to this location. Providing proof and evidence is not necessary since our Tribe already has engaged in legal battles over this issue and has succeeded in retaining ancestral rights to this area, in addition to the Skokomish. While we appreciate the changes already made to the MPR plans to accomodate environmental worries, we still would like to make sure other issues are addressed. Rather than speaking in generality, please be specific as to the issues? Involving us with this project will be necessary to obtaining a letter showing understanding between us and Statesman Group, as stipulated in the BoCC Conditions. I believe if we work together we can achieve a good level of understanding. Also, I was hoping you could explain what the South Shore Conservancy is and how it relates to the MPR and the Skokomish Tribe.The shoreline has a stipulated setback as well as a preservation requirement on the South area of the Black Point portion of the MPR. It was decided that rather than have a non -Tribal organization to oversee this conservation area,(as was recommended), we would request that the Skokomish Tribe administer the Conservency for the preservation of this setback. I think the next best step would be for you to meet with the Port Gamble S'Klallam Tribe. I have cc'd a few of our people who would be interested in such a meeting. Please give me a couple days before I can suggest meeting times or locations.Unfortunately, I have appointments booked for me through the month of April. I could be available in May however. I look forward to the response to the aforementioned. Thank you Jessica Coyle Garth's response to David's email is in blue David Wayne: Please scroll down for responses. M. Garth Mann President & C.E.O P: 403-256-4151 M:403-899-9222 M. Garth Mann President & C.E.O P: 403-256-4151 M:403-899-9222 F: 403-256-6100 7370 Sierra Morena Blvd. S.W. Calgary, Alberta T3H 4H9 www.statesmangrou p.ca -----Original Message ----- From: Kaehler, Gretchen (DAHP)[mailto:Gretchen.Kaehler@DAHP.wa.gov] Sent: Wednesday, March 17, 2010 1:44 PM To: Garth Mann; David W. Johnson Subject: RE: BoCC Conditions for Pleasant Harbor Resort Mr. Mann, I can understand your frustration with the process and I realize that it can be confusing at times. As far as consulting with the Tribes go, a written understanding with all five Tribes is part of the BoCC conditions. It is not necessary for a Tribe to "prove" to you that they have an interest in a particular area in order for them to state their concerns and have them addressed. Condition K also states that there needs to be a written understanding among the County, the Tribes, and the Department of Archaeology and Historic Preservation (DAHP). We look forward to working with you and the other parties on a Memorandum of Understanding (MOU). We understand that things may not yet have progressed to that point, however, you should understand that you cannot just pick and choose which Tribe(s) you would like to work with so please be prepared to work will all five, Tribes. Please be aware that DAHP has not received any communications or documents regarding the project since October of 2006. We are available and willing to assist you in regard to cultural resources issues so please feel free to call or email me if you have any questions or need assistance. Sandy Mackie at Perkins Coie has the agreement ready for signature that incorporates the agreement reached with the Skokomish Tribe in order to oversee the area of concern as mentioned by the Tribes we met with on-site, This agreement is a Conservation Management understanding that will protect this area . I understrood that Mr Glenn Hartman (Archeologist) had forwarded his report as well as that of the Tribe's Archeologist, following the Subsurface Group's site investigation of the land areas for evidence of Artifacts, Mittens, Remains, or other Historical signs on the MPR Site. If you have not received these reports I will ask Mr. Hartman to forward copies to your attention. What we require is specifics as to the issues that remain to be addressed. We submitted to all of the Tribes copies of the FEIS ( November 2008), We have not received any responses from this report. We did receive a concern as mentioned on November 2009 asking that we accommodate the proposed SMP .... which we have done. We would be interested to receive specific requests for information that has yet to be addressed in our many reports. Please advise. Sincerely, Gretchen Gretchen Kaehler Assistant State Archaeologist, Local Governments Department of Archaeology and Historic Preservation Olympia Ph:360-586-3088 Cell: 360-628-2755 think that you are misunderstanding what is needed. Please see below: a cultural resources management plan to assure archaeological investigations and systematic monitoring of the subject property prior to issuing permits; and during construction to maintain site integrity, provide procedures regarding future ground -disturbing activity, assure traditional tribal access to cultural properties and activities, and to provide for community education opportunities. We have one survey report done by Western Shore. . DAHP has not ever seen the FEIS or has a chance to comment on it. You need a CRMP or Cultural Resource Management Plan. Do you have this as well? It sounds like you have worked with one Tribe to come up with a plan that is acceptable to that Tribe for one area of the project. There are four other Tribes as well as the State that have an interest or concern for your project area. This agreement with the Skokomish will not satisfy the above condition. I am certainly not trying to make this difficult and would like to assist you. Gretchen Gretchen Kaehler Assistant State Archaeologist, Local Governments Department of Archaeology and Historic Preservation Olympia Ph:360-586-3088 Cell: 360-628-2755 From: Garth Mann [mailto:GarthM@statesmancorporation.com] Sent: Wednesday, March 17, 2010 9:28 PM To: Kaehler, Gretchen (DAHP); David W. Johnson Cc: glenn@crcwa.com; AMackie@perkinscoie.com; VMorrisCS@aol.com; Scott Bender Subject: RE: BoCC Conditions for Pleasant Harbor Resort Please scroll down