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HomeMy WebLinkAbout044Michelle Farfan From: Sent: To: Cc: Subject: Attachments: David W. Johnson <djohnson@cojefferson.wa.us> Monday, February 29,2016 9:57 AM Ga rth Mann; peckassoc@comcast.net David W. Johnson FW: PGST DRAFT Response: Pleasant Harbor Resort FSEIS PGST-Letter-Blackpoi nt022916DRAFT.pdf FYI - Draft letter to be finaled March 14,201.6. -----Original Message----- From: Roma Call Imailto:romac@pgst.nsn.us] Sent: Monday, February 29,2076 9:48 AM To: Plan ning Commission Desk <PCom m issionDesk@co.jefferson.wa.us> Cc: David W. Johnson <djohnson @co.jefferson.wa.us> Subject: PGST DRAFT Response: Pleasant Harbor Resort FSEIS Dear Jefferson County Planning Commission Members, Please see the Port Gamble S'Klallam Tribe's DRAFT response to the Pleasant Harbor Resort FSEIS. For your convenience and in preparation for the upcoming Planning Commission discussions, I'm forwarding this letter in draft form. At the PGSTTribal Council's next meeting on March 14, we will ask for final approval and incorporate any final changes the Council may have. At that point we will be able to provide you with our final version. Feel free to contact me with any questions in the meantime Thank you for your consideration of the Tribe's interests and concerns. Sincerely, Roma Call Roma Call Port Gamble S'Klallam Tribe Environmenta I Coordinator romac@pgst.nsn. us cell 360-516-3979 office 360-297-6293 On 2/22/1.611:37 AM, Roma Call wrote: > Dear Jefferson County Planning Commission Members, > As you are aware, the Port Gamble S'Klallam Tribe is in the process of > responding to the County's FSEIS for the Pleasant Harbor Resort > proposal. We will have our completed draft response within the next > week or two, and will be able to present it to the PGST Tribal Council > for approval at their next meeting on March 14th, Therefore, we would > like to present the response for Planning Commission discussion and > review at your March 16th meeting, if that works with your schedule. 1 > Please let us know whether or not that timeframe will work for the > Planning Commission. Thank you again, for the opportunity to provide > input, consistent with the BOCC conditions for the Master Plan Resort. > Sincerely, > Roma Call 2 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 Emai I : PlanComm@co j efferson.wa.us David Wayne Johnson Pleasant Harbor FSEIS c/o Jefferson County DCD ^&" 621 Sheridan Street i*[:#,T,*Ha3:]:,L,,",-,- ffi- Subject: Pleasant Harbor Final Supplemental Environ,rygfffi ,rru.@,.n,, December 2015, Case No's: MLA08-00188, ZON08-Sffi * %C The Port Gamble S'in interest to Indian bands and tribes signatory to the 1855 T o l2 Stat. 933.r Today the Tribe retains deep cultural and to ing waters and to their fisheries in its usual and More than a century of federal court decisions have the right, including the right of access to places, the right toa harvest to moderate living needs, and the right to protection of fish habitat.acces the entire terrestrial and marine landscape that was used by tribal of cultural importance, and helps to define the Tribe's identity The proposed Pl tribal members de on fish accusto fleshed project is located within the Tribe's U&A, in an area where , shellfish and wildlife. 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 United States v. Washington,45g F. Supp. 1020, 1039 (W.D. Wash. 1978) (hereinafter Boldt II) Dear Planning Commission Members and Mr. On behalf of the Port Gamble S'Klallam Tribe (PGST), with regard to the Final Supplemental Impact comments are provided (FSEIS) and Intent to and Golf Resort LLCAmend the Unified Development Code Master Planned Resort (MPR). We request staff to implement the actions described mitigation for the potentially significant and the Tribe's treatv Ordinance No. 0l-01 Harbor to work with PGST intended to serve as project on cultural resources with the conditions required under 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. In order to meet the BOCC special conditions in Ordinance No. 0l-0 08, we understood that Jefferson County would work directly with PGST during the ent of the FSEIS, including the supporting documents in the appendices e was not consulted during the development of the FSEIS and our comments The FSEIS increased traffic, intensity of land use for c resid I development, significant alteration of hydrology, clearing and le surface, use of persistent pollutants, and other proposed g area and would significantly impactThe MPR project would an aquife kettle ponds and wetl wetland in and around Kettle Pond treated wastewater. The proposal these effects with the plan to man a existing Kettle Pond C that would also serve as a stormwater the flora and fauna in the Kettle Ponds and / wetlandsffild likely resourcffi gnl ffects on both cultural and natural Additionall),we,&-re very concerned about the effects of persistent pollutants on water quality in groundwater'l'Wet-lands and streams from the proposed use of pesticides, fungicides and other chemicals in the project area, and potentially the Hood Canal, Duckabush and Dosewallips River siri..r during overflo* .u.nir. The project would remove 55%o 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 Volume 2 Appendix O includes a Proposed Plan for Inadvertent Discovery Protocol, DAHP Response to Skokomish Tribe's Response to the Cultural concerned this section does not go nearly far enough to resolve to mitigate project As stated in oureffects with regard to cultural resources and tribal treaty previous comments in 2001,2006,2007 and2015 Resource of we are concerned kettle ponds,about the potential for adverse effects proposes 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 Action 1: Preserve Kettle Ponds B and C for the protection of resources. Redesign stormwater and wastewater management plans to a the of wetlands and the alteration and use of Kettle Ponds B and and treated wastewater storage other specles present monitoring, particularly during ground disturbing Action 5: Develop a Stewardship that provides of traditional plants in the project area and the r tribal to cultural resources. According to oral tradition and knowledge,including Pleasant Harbor, holds cultural resources ofgreat val the Port S'KIA people. Uncommon geological features, such as kettle po linked I and cultural knowledge that is passed through tlre ons.was kn as an important place for gathering and processing traditional nee support a productive livelihood. The area was known for its abun 'and other thrush materials on We have a great ancestral ties to forev, to res ith ed diminution of cultural resources linking our the water.see our na tural resources, such as the rare kettle ponds, IS We seek to preserve and restore our natural landscapes in order ilitv to children and future generations the traditional knowledge and culture fines are. The County should work with tribal staff to plan and implement the these resources B. Sh 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. 3 Action 3: Provide a biological inventory of birds that are currently present in Kettle Ponds B and that were prior to timber harvesting and other Action 4: Consult with PGST Cultural Resource to schedule site kettle 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 expeoled to increase the harvest pressure on the Duckabush and Dosewallips tidelands. Natural recruitment of bivalves in Hood Canal is sporadic and increased pressure from additional harvesters without an annual enhancement will result in a decline in the existing resource ove(time. In addition, both tidelands have areas of concern to the Washington Department of Hellth (DOH). In 2015, DOH reported that one water sampling location on Dosewallips and twq locations on Duckabush were in Threatened status and an additional lcibation on each tideland weie falling into Concerned status, Additional system overflows into the Duckabush or contaminated stormwater runoff from the increase in impervious areas could result in poor water quality in the rivers leading to problems with shellfish on the tidelands. A closure of these tidelands by DOH due to water quality issues would have a cultural and ffinic impact on the Port"Wil..dA M "g Gamble S'Klallam Tribe C.P and Habita ST/Point N int Treaty Council wildlife biologist to of wildlife and the restoration of Action 7: Consult develop and imple for the p wildlife habitat.f the pl anl vide protective actions for wildlife, including ke elk g the highway to enter the project area The plan will also garding vegetation and habitat preservation in natu We are emed to elk herd that forages to the West of this project area in the of the Du RiVer Valley and the development of an "attractive nuisance" in the fo ghly allurin$.elk and deer forage opportunities. The construction of lawns and fairways as part this MPR will create an "attractive nuisance" that will increase the frequency s highway 101. Coupled with the projected increase of more than 4,000 vehic day, the "attractive nuisance" poses a significant risk to human health and the vi 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 h 4 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. D. Water Quality Protection Action 8: Contact U.S. Army Corps representatives to wetlands jurisdiction for the purposes of USCOE perm ,b req it determination of 2007 determination (FSEIS Vol. 2 Appendix J.A) expired ln 2 and ument is no longer a valid determination that the wetlands in dre not W U.S Action 9: Consult with PGST Natural to develop lement a plan for the protection of water quality in ect and in to 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)uation of constructing additional swales and contours redirect rmwater runo ff away from Hood Canal, particularly in the areas Action 10: Revise project the use of persistent pollutants and replace with sub sal for use under the agricultural national organic the revised management plan to PGST Natural Resources staff revtew comment. The urbanization of Black of the proposed Master Planned Resort (MPR) will i of toxic heavy metals, persistent organic pollutants and other tng 'in this rural area. The increase in the prevalence of effect on fish and shellfish resources inhabiting including the Dosewallips and Duckabush River be reduced by developing a stormwater and wastewater functionality of this type of system, extensive and regular, 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 rural area 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 5 The effects remediation a discharge, ambient 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. Development Agreement 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 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'Klal 6 t s