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HomeMy WebLinkAbout043Michelle Farfan From: Sent: To: Subject: Attachments: Roma Call <romac@pgst.nsn.us> Monday, February 29,2016 9:34 AM David W. Johnson Re: FW: Salmon-Safe standard PG ST_Letter_B lackpoi n1022916 D RAFT.pdf Hi David. Here is a DRAFT response from the Port Gamble S'Klallam Tribe for your information in preparation for the upcoming Planning Commission discussions. Please keep in mind that we have not yet received final approval from PGST Tribal Council, so this is just a draft and not for distribution I will also forward this to the Planning Commission with the same caveat. On Feb. 8th Tribal Council gave us direction to move forward with this draft but we have not yet had a chance to confirm that this meets with their expectations. Once we meet with Tribal Council on March l4 and incorporate any changes they may have, then I'll be able to send you a final approved version. Please feel free to contact me with any questions in the meantime Thank you. Roma Roma CaIl- Port Gambl-e S'KLallam Tribe Environmentaf Coordinator romacGpgst . nsn. us ce11 360-516-3979 offi-ce 360-291-6293 On2l26l16 8:09 AM, David W. Johnson wrote: Roma, Would something like this also be acceptable to the Port Gamble S'Klallam Tribe as part of a fisheries and shellfish protection plan? Also, will have be able to see a draft of the letter to Jefferson County before the meeting next Wednesday? Thanksl From: Matt Sircely [mailto:mattsircely@gmail.com] Sent: Thursday, February 25,20\6 7:19 PM To: David W. Johnson <diohnson@co.iefferson.wa.us>; Haylie Clement <HClement(@co.iefferson.wa.us> Subject: Salmon-Safe standard Haylie (cc David), Please allow me to formally add to the Salmon-Safe discussion in preparation for the next 1 meeting Here is a link to (what appears to be) the most recent version of the Salmon-Safe certification standard, as cited in the last meeting: https://wwrv.salmonsafe.ore/sites/default/files/file/salmonsafe-eolf-certification- standards20l4.pdf The project engineer, in response to our discussion of pesticides, cited use of the Salmon-Safe standard used by the Squaxin Island Tribe to help design and manage their Salish Cliffs Golf Club. Here is a link to a description of the project: http://www.salmonsafe.ors/bloe/salish Regards, Matt Sircely On Thu, Feb 25, 2016 at 4:25 PM, David W. Johnson <dohnson@cojefferson wrote: With the revised Guidance document. From: Haylie Clement Sent: Thursday, February 25,2016 4:18 PM To: Planning Commission Desk <PCommissionDesk@c Cc: #Planning Team efferson.wa. Subject: PC Agenda 312116 Hello Planning Commissioners, Below is the link to the agenda for the March 2nd meeting. Also, I have forwarded a message from David Johnson. Thanks, Haylie Clement 2 Administrative and Planning Clerk PC Asenda 03-02-2016 Jefferson County Community Development 621 Sheridan Street Port Townsend, WA 98368 Phone 360-379-4450 From: David W. Johnson Sent: Thursday, February 25,20161:56 PM To : Haylie Clement <HClement@co j efferson.wa.us> Cc: David W. Johnson <djohnson@cojefferson Subject: PC member March 2,2016 meeting PC Members, Attached is the agenda and revised guidance on how to develop f,rndings for your recommendation to the BoCC. I included Staff Suggested Findings that the PC can just adopt to make it easier when we go through that process. There is currently a motion on the table to accept the development regulations as proposed. Further discussion is call for prior to a vote on that motion. At our meeting I will report on our continuing consultation with the Port Gamble S'Klallam Tribe, issues raised at the last meeting, and process moving forward. Thanks! Let me know if you have any questions prior to the meeting on March 2nd. If not, see you all then. David Wayne Johnson - LEED AP - Neighborhood Development Associate Planner - Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 3 Mission: To preserve and enhance the quality of life in Jffirson County by promoting a vibrant economy, sound communities and a healthy environment. fi SaVE PAPER - Please do not print this e-mail unless absolutely necessary A// e-mail may be considered subject to the Public Records Ad and as such may be disclosed to a third- party requestor. Jeffersun Ccunly $epartment uf Comr*unily Oevnlosment ffi swuq.*Hw,trffi tlllh#diilLltDrtbrurx4ulf llli. l taOJ)*.r$A I dadaao,lrr{r.ems 4 NU ) PORT GAMBLE S'KLALLAM TRIBE 31912 Little Boston Rd. NE - Kingston, WA 98346 DRAFT - NOT FOR DISTRUBUTION February 29,2016 Jefferson County Planning Commission 621 Sheridan Street, Port Townsend, WA 98368 Email : PlanComm@co j efferson.wa.us David Wayne Johnson Pleasant Harbor FSEIS c/o Jefferson County DCD 621 Sheridan Street Port Townsend WA 98368 Emai I : dwiohnson(Eco. i efferson,wa.us Subject: Pleasant Harbor Final Supplemental Environ mpact ent, December 2015, Case No's: MLA08-00188, Dear Planning Commission Members and Mr. J On behalf of the Port Gamble S'Klallam Tribe (PGST),comments are provided with regard to the Final Supplemental nmental ImLpact (FSEIS) and Intent to Amend the Unified Development Code Harbor and Golf Resort LLC Master Planned Resort (MPR). We request to work with PGST staff to implement the actions described below. These intended to serve as In 2008, the Jefferson County Board of County Commissioners (BOCC) adopted Ordinance No. 0l-0128-08, listing 30 special conditions to be required for development approval under the Comprehensive Plan amendment to allow a Master Plan Resort within an area zoned Rural Residential. "Consultation with the Tribes regarding cultural resources, and possibly one kettle preserved as a cultural resource," is included as a requirement in the list of t (Jnitrd States v. Washington,45g F. Supp. 1020, 1039 (W.D. Wash. 1978) (hereinafter Boldt II). and the Tribe's treafy Ordinance No. 0l-01 The Port Gamble signatory to cultural and the 1855 to project on cultural resources with the conditions required under in interest to Indian bands and tribes 12 Stat.933.r Today the Tribe retains deep waters and to their fisheries in its usual and More than a century of federal court decisions have fleshed right, including the right of access to places, the right toa moderate living needs, and the right to protection of fish habitat.the entire terrestrial and marine landscape that was used by tribal cultural importance, and helps to define the Tribe's identity. The proposed project is located within the Tribe's U&A, in an area where tribal members on fish, shellfish and wildlife. PORT GAMBLE S'KLALLAM TRIBE 31912 Little Boston Rd. NE - Kingston, WA 98346 conditions for development approval. The BOCC ordinance also requires a document to be executed or recorded with the County Auditor, reflecting the developer's written understanding with and among the local tribes, as well as other entities, in order to maintain site integrity and to assure traditional tribal access to cultural properties and activities. The BOCC ordinance also requires the applicant to develop a wildlife management plan focused on non-lethal strategies in the public interest in consultation with the Department of Fish and Wildlife and local tribes. The other special conditions for development approval focus on additional measures for environmental protection and other issues also of concern to the Tribe. section does not go nearly far enough to resolve PCS to mitigate proJect As stated in oureffects with regard to cultural resources and tribal treaty previous comments in 2001,2006,2007 and 2015 re ect, we are concerned about the potential for adverse effects fro f,oss of kettle ponds, increased traffic, intensity of land use for c rest development, signifi cant alteration of hydrology, clearing and le surface, use of persistent pollutants, and other proposed arge area and would significantly impact 20,700 sq. ft. of wetland in and rage for stormwater and treated mpensatory mitigation for these effects with the plan to a existing Kettle Pond C that would also serve as a stormwater to flora and fauna in the Kettle Ponds and wetlands likely lgn adverse effects on both cultural and natural resources, Additionally, we are I collccvery rned about the effects of persistent pollutants on water quality in groundwater, wetlands and streams from the proposed use of pesticides, fungicides and other chemicals in't[e project area, and potentially the Hood Canal, Duckabush and Dosewallips River $ystems during overflow events. The project would remove 55Yo of existing trees and native vegetation replacing it with impermeable surfaces and landscaping. The project also has the potential to impact wildlife, including a migrating elk herd in the project area. It would increase vehicular traffic along highway, roads and parking lots and would degrade water quality in Hood Canal through stormwater runoff, impacting the Tribe's fish and shellfish resources. The developer commissioned a study of the number ofjobs expected to be created as a direct or indirect result of the MPR. However, an analysis of the risks to fisheries, an existing economic base in the area for tribal members and others, was not 2 In order to meet the BOCC special conditions in Ordinance No. 0l-0 we understood that Jefferson County would work directly with PGST during the of the FSEIS, not consultedincluding the supporting documents in the appendices. during the development of the FSEIS and our comments The FSEIS Volume 2 Appendix O includes a Proposed Plan for Inadvertent Discovery Protocol, DAHP Response to Resource Skokomish Tribe's Response to the Cultural concerned this The MPR project would an kettle ponds and proposes around Kettle Pond wastewater. The proposal the PORT GAMBLE S'KLALLAM TRIBE 31912 Little Boston Rd. NE - Kingston, WA 98346 incorporated into the study. The proposed compensatory mitigation in the FSEIS does not effectively and sufficiently offset these effects. Due to the potential for significant impacts to tribal fisheries and cultural resources we request that Jefferson County work with the developer and PGST staff to implement the following mitigation actions, and meet the requirements of Ordinance No. 0l-0128-08. A. Cultural Resource Stewardship prior to timber harvesting and other di Action 4: Consult with PGST Cultural Resource to schedule site monitoring, particularly during ground disturbing processing traditional foods and support a productive livelihood. The area was known for its other thrush materials. We have diminution of cultural resources linking our ancestral see our natural resources, such as the rare kettle ponds, is dep lorable. We k to preserve and restore our natural landscapes in order to reserve lity to children and future generations the traditional knowledge and culture implement S are. The County should work with tribal staff to plan and the ofthese resources B. Shellfisb Resource Protection and Restoration Action 6: Consult with PGST Natural Resources Dept. staff to develop and implement a plan for the protection and restoration of tribal shellfish resources. This will include the following: a) Protection of tidelands adjacent to the project area, b) Shellfish seeding and enhancement on Duckabush and Dosewallips River beaches where tribal members harvest, and c) Response plans in the event of any water quality incidents or other project-related activities that would result in a downgrade of shellfish harvesting areas by the Washington State Department of Health. J Action 1: Preserve Kettle Ponds B and C for the protection of resources. Redesign stormwater and wastewater management plans to of wetlands and the alteration and use of Kettle Ponds B and treated wastewater storage. Action 2: Schedule a site visit with PGST staff to areas of cultural significance. Action 3: Provide a biological inventory of that are currently present in Kettle Ponds B Action 5: Develop a Stewardship provides of traditional plants in the project area and the tribal to cultural resources. According to oral tradition and knowledge,Pleasant Harbor, holds cultural resources of great the Port people. Uncommon geological and kettle and other birds species that were present S features, such as kettle passed through the linked and cultural knowledge that is was an important place for gathering and to the PORT GAMBLE S'KLALLAM TRIBE 31912 Little Boston Rd. NE - Kingston, WA 98346 The Black Point Resort will be located between two public beaches (the Duckabush and the Dosewallips) which provide both significant commercial and ceremonial/subsistence harvest opportunities to the Tribes with Usual and Accustomed fishing rights in the area. The two delta flats are two of the three most important intertidal areas to Tribal harvesters based on acreage available, habitat available and existing natural manila clam and pacific oyster production. The Duckabush and Dosewallips tidelands combined supply over 75Yo of tribal resource for pacific oysters from public tidelands. The increase in visitors, both temporary and permanent residents, is to increase the harvest pressure on the Duckabush and Dosewallips tidelands. N tment of bivalves in Hood Canal is sporadic and increased pressure from additional without an annual enhancement will result in a decline in the existing reso ov . In addition, both tidelands have areas of concern to the Washington of H). In 2015, DOH reported that one water sampling location on ips and Duckabush were in Threatened status and an additional on each tidel into Concerned status. Additional system overflows Duckabush or ated stormwater runoff from the increase in impervious the rivers leading to problems with shellfish on the ld result in poor water quality in closure of these tidelands by DOH due to water quality issues would have a cultural and ic impact on the Port Gamble S'Klallam Tribe. C. Wildlife Protection and Habita T Council wildlife biologist to rction of wildlife and the restoration of to'provide protective actions for wildlife, including keeping The plan will also elk highway to enter the project area. vegetation and habitat preservation ln We are to elk herd that forages to the West of this project area in the hRi ver Valley and the development of an "attractive nuisance" in the lk and deer forage opportunities. The construction of lawns and fairways s MPR will create an "attractive nuisance" that will increase the frequency highway l0l . Coupled with the projected increase of more than 4,000 vehi day, the "attractive nuisance" poses a significant risk to human health and the viability of the elk herd. The FSEIS Habitat Management Plan was not developed in consultation with the Tribe and does not fulfill the wildlife safety and damage control objectives of the 2008 BOCC ordinance (Ordinance No. 0l-0128-08, 63.1). Although the Habitat Management Plan describes the placement of an exclusion fence to discourage elk from utilizing the site, a more comprehensive Wildlife Management Plan is required. An adequate Wildlife Management Plan must describe how the elk will be discouraged or prevented from crossing the highway. GPS and other elk monitoring records revealthat highway l0l is not a barrier to dispersalto 4 of the Duc ed abo ighly all as part on falling Action 7: Consult N develop and for the wildlife habitat.the plan PORT GAMBLE S'KLALLAM TRIBE 31912 Little Boston Rd. NE - Kingston, WA 98346 the Duckabush elk herd. We know that the elk readily cross the highway just north of McDonald Creek and in the vicinity of Triton Head/Triton Cove. The wildlife management plan should also describe the location, size, and other specifications of the fence or any other deterrents constructed to reduce risks to the elk. Additionally, we need a legitimate Wildlife Management Plan that describes what actions can and will be taken in the event that the fence doesn't work-i.e. what will be done if the elk still manage to get on the property and start damaging greens and fairways. Such actions must NOT include lethal control or state- subsidized monetary compensation. the project area or amend the existing Plan to include these protections. This will incorporate the fol Water quality monitoring in waters connected to tribal fisheries and shellfish areas, including monitoring for pollutants, and b)luation of a constructing additional swales and contours near redirect stormwater runoff awav from Hood Canal, particularly in the areas Action 10: Revise project manage the use ofpersistent pollutants and replace with sub s allowed for use under the agricultural national organic ide the revised management plan to PGST Natural Resources staff comment. The urbanization of Black of the proposed Master Planned Resort (MPR)will increase of toxic heavy metals, persistent organic pollutants and other contaminants 'in this rural area. The increase in the prevalence of these pol lutants will I a Black the incl 'les The effects of ll remediation sv discharge, ambient Whter and biota tissue monitoring will be required. Unfortunately, we are unaware of any working examples of this type of system. Our concern with regard to the construction of an urban development in this ruralarea is clearly illustrated by the pollution related loss of -36,000 acres of shellfish beds throughout Puget Sound. The geochemical processes occurring at the seawater/groundwater interface form a critical transition zones which provides essential ecological functions driven by sediment-associated biota. A reduction in the hydraulic conductivity between the wetlands located within the proposed MPR and the nearshore environment surrounding Black Point will likely affect the E effect on fish and shellfish resources inhabiting uding the Dosewallips and Duckabush River may be reduced by developing a stormwater and wastewater the functionality of this type of system, extensive and regular, 5 revlew D. Water Quality Protection Action 8: Contact U.S. Army Corps representatives to wetlands jurisdiction for the purposes of USCOE determination (FSEIS Yol.2 Appendix J.A) expired and longer a valid determination that the wetlands in are not Action 9: Consult with PGST Natural to a plan for the protection of water quality in tn to determination of 2007 is no U.S. PORT GAMBLE S'KLALLAM TRIBE 31912 Little Boston Rd. NE - Kingston, WA 98346 chemical constituents available to biota inhabiting this area. For instance, an increase in salinity could negatively affect the productivity of Pacific oysters (C. gigas). E. Developlnent Aqreement Revisions Action 11: Include the implementation of the above actions proposed by PGST as a requirement in the development agreement or in an amendment to the development agreement. Action 12: Include the final compilation of the plans and measures described in the above actions as an appendix to the FSEIS. Although FSEIS covers potential environmental effects to some are concerned that it does not go nearly far enough to resolve the potentially sign to tribal treaty rights and cultural resources. We look forward to working to concerns. Please contact me with any questions at (360) 297-6293. Thank you. Sincerely, Roma Call Environmental Program Port Gamble S' 6