HomeMy WebLinkAbout138PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
December 16,2015
Jefferson County Planning Commission
621 Sheridan Street,
Port Townsend, WA 98368
Email : PlanComm@co jefferson.wa.us
DIC 1 ,j 2015
David Wayne Johnson
Pleasant Harbor FSEIS c/o Jefferson County DCD
621 Sheridan Street
Port Townsend WA 98368
Email : dwiohnson@co.iefferson.wa.us
Subject: Pleasant Harbor Final Supplemental Environmental Impact Statement,
December 2015, Case No's: MLA08-00188, ZON08-00056
Dear Planning Commission Members and Mr. Johnson,
With regard to the December 9 Notice of Availability of the Final Supplemental
Environmental Impact Statement (FSEIS) and Notice of Planning Commission Public
Hearing and Notice of lntent to Amend the Unified Development Code for the Pleasant
Harbor Marina and Golf Resort LLC Master Planned Resort, I am submitting this letter on
behalf of the Port Gamble S'Klallam Tribe (PGST). While we appreciate the February 18,
2015 meeting, the tribal consultation process is not yet finished. We understood that Jefferson
County DCD would work with PGST staff to address the concerns raised at the meeting and
in our comments. However, PGST staff were not consulted after the February meeting and
were not given any notification of the FSEIS prior to its release. [n view of the incomplete
consultation process, and as stated in our January 5,2015 letter, we continue to oppose this
project. We request a 60-day extension of the process in order to allow time to complete the
Tribe's consultation.
The Port Gamble S'Klallam Tribe is the successor in interest to Indian bands and tribes
signatory to the 1855 Treaty of Point No Point, l2 Stat. 933.r Today the Tribe retains deep
cultural and economic ties to the surrounding waters and to their fisheries in its usual and
accustomed grounds and stations (U&A). More than a century of federal court decisions have
fleshed out the components of the treaty right, including the right of access to places, the right
to a share of harvest to meet tribal moderate living needs, and the right to protection of fish
habitat in all areas of the Tribe's U&A. The proposed Pleasant Harbor project is located
within the Tribe's U&A, in an area where tribal members depend on fish, shellfish and
wildlife. We are concerned that the proposed project would jeopardize the Tribe's treaty right
to fish and hunt in the project area.
As stated in our previous comments in 2001, 2006,2007 and 2015 regarding this project and
at the February meeting, we are concemed about the potential for adverse impacts from
increased traffic, intensity of land use. and environmental effects. The proposed project would
' lJnited States \,. ltashington, 459 F. Supp. I020, I039 (W.D. Wash. 1978) (herein after Botdt tt).
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
be located in an aquifer recharge area and the potential water quality and water quantity
impacts to local groundwater, streams and wetlands are significant. We are concerned about
the potential for significant adverse effects to fish habitat and the Tribe's fisheries as a result
of these impacts. Additionally, numerous environmentally sensitive features are located
within the project area, including unique kettle ponds. We are concerned about the potential
adverse effects to these habitats from the proposed stormwater management system.
An elk herd forages within the forested uplands to the northwest of the project between the
Doservallips and Duckabush river valleys. We are concemed about the development of highly
attractive elk and deer forage from the proposed project lawns and fairways and the risk that
the elk will cross the highway to get to the food. Couple that with the projected increase of
>4,000 vehicle trips per day on the highway and it poses a significant risk to the viability of
the elk herd. We are also concerned about the possible increase in recreational shellfish
harvesting from project residents, which would have the potential to impact shellfish habitat
and the Tribe's harvest. Tribal members harvest between 13,000 and 21,000 pounds of manila
clam and between 13,000 and 48,000 pounds of Pacific oyster from the Duckabush alone.
These issues were not satisfactorily addressed in the FSEIS. Although the document covers
potential environmental effects to some extent, we are concerned that it does not go nearly far
enough to resolve the potentially significant impacts to tribal treaty rights. In order to
adequately address the Tribe's concerns, we are requesting a 60-day period to work with
Jefferson County staff as needed to complete the tribal consultation process. We would
appreciate your consideration and timely response.
Thanli you.
Sincerdlv.
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sdo*y(,,,uu,
Chair, Port Gamble S'Klallam Tribe
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