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Sent:
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Phi li p Morley < pmorley@cojefferson,wa.us>
Friday, April 08,2016 12:01 PM
Nicholas Johnson
David Goldsmith; David W. Johnson
RE: Tribe's letter
PGST_Letter_Blackpoint03l5L6Final - 03 23 16.pdf; Pleasant Harbor Golf Course THPO
Response-l - 03 23 16.pdf;JeffBOCC-lnvitation by Port Gamble SKlallam 03 23 16.pdf
Subject:
Nicholas, here are two letters from the Port Gamble S'Klallam Tribe to the Jefferson County Planning Commission
commenting on the Pleasant Harbor Master Planned Resort.
Also included is a letter from the Tribe to the Jefferson County Board of Commissioners asking for a government-to-
government meeting. The BoCC and Tribe will meet on April 18 at 1:30 pm in the Commissioners'Chambers.
Philip
This is o reminder thot all emoil to or from this emoil address moy be subject to the Public Records Act contained in RCW
42.56. Additionolly, oll email to and from the county is coptured ond orchived by lnformotion Services.
From: Nicholas Johnson Imailto:njohnson@ptleader.com]
Sent: Friday, April 08, 2016 10:09 AM
To: Philip Morley <pmorley@co.jefferson.wa. us>
Subject: Tribe's letter
Philip,
Please, send over a copy of the letter from the Port Gamble S'Klallam Tribe as soon as you are able.
Thank you!
Nicholas Johnson
Reporter/Photog rapher
The Port Townsend & Jefferson County Leader
(360) 385-2900 ext. 1 13
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1
Philip Morley
Jefferson County Ad ministrator
pmo rlev@ co. ieffe rso n.wa. us
(360) 38s-9100 x-383
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
March 15,2016
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
Email : dwiohnson@co. i efferson.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,
On behalf of the Port Gamble S'Klallam Tribe (PGST), the following comments are provided
with regard to the Final Supplemental Environmental Impact Statement (FSEIS) and Intent to
Amend the Unified Development Code for the Pleasant Harbor Marina and Golf Resort LLC
Master Planned Resort (MPR). We request that Jefferson County continue to work with PGST
staff to implementthe actions described below. These actions are intended to serve as
mitigation for the potentially significant effects of the proposed project on cultural resources
and the Tribe's treaty rights and are also consistent with the conditions required under
Ordinance No. 0 l-0 I 28-08.
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. Maintaining access to the entire terrestrial and marine landscape that was used by
tribal ancestors is also of critical cultural importance, and helps to define the Tribe's identity.
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.
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 approvalunder
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
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
I United States v. Washington,45g F. Supp. 1020, 1039 (W.D. Wash. 1978) (hereinafter Boldt tt)
\_
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
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 culturalproperties 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.
With the release of the FSEIS for this project, it is questionable as to whether Jefferson
County's Community Development Department (DCD) made a good faith effort to consult
with the Port Gamble S'Klallam Tribe. In order to meet the BOCC special conditions in
Ordinance No. 0l-0128-08, we understood that Jefferson County would work directly with
PGST during the development of the FSEIS, including the supporting documents in the
appendices. However, the Tribe was not consulted during the development of the FSEIS and
our comments were not incorporated. The FSEIS Volume 2 Appendix O includes a Proposed
Plan for Archeological Monitoring and Inadvertent Discovery Protocol, DAHP Response to
the Cultural Resource Plan and the Skokomish Tribe's Response to the Cultural Resource
Plan. However, this section does not go nearly far enough to resolve PGST's concerns and to
mitigate project effects with regard to cultural resources and tribal treaty right impacts.
The CentennialAccord (1989) and the New Millennium Agreement (1999)2 established a
basic framework and provide the general foundation for relations between the Tribes and
Washington State. the Government-to-Government Implementation Guidelines3 were
developed in order to provide a consistent approach for state agencies and tribes to follow in
implementing the Accord, and are applicable to local governments. In the context of the
government-to-government consultation process, we expected the Jefferson County DCD to
work with us to address the concerns raised at the February 2015 meeting and in our written
comments. Yet PGST was not consulted after the February meeting and was not provided
with any schedule or notification of the FSEIS prior to its release. We find the Jefferson
County DCD consultation process with the Port Gamble S'Klallam Tribe to have been both
inadequate and negligent.
As stated in our previous comments in 2001, 2006,2007 and 2015 regarding this project, we
are concerned about the potential for adverse effects on cultural resources and treaty rights
from the loss of wetlands and rare kettle ponds, increased traffic, intensity of land use for
commercialand residentialdevelopment, significant alteration of hydrology, clearing and
grading, increased impermeable surface, use of persistent pollutants, and other proposed
project effects.
The MPR project would be located in an aquifer recharge area and would significantly impact
kettle ponds and wetlands. The project proposes to remove 20,700 sq. ft. of wetland and
associated buffers in and around the largest kettle, Kettle Pond B, for the purpose of creating a
control pond for storing stormwater and treated wastewater. The Kettle Pond B wetland
2 Governor's Office of Indian Affairs: http;//www.goia.wa.gov/government-to-government/data/agreement.htm
3 Governor's Office of Indian Affairs Implementation Guidelines: http://www.goia.wa.gov/government-to-
government/Data/guidel ines.htm
2
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
would be cleared of vegetation, filled and lined. The proposal provides inadequate
compensatory mitigation for these effects with the plan to manufacture a wetland in existing
Kettle Pond C that would also serve as a stormwater runoff basin for the project. Impacts to
flora and fauna in the Kettle Ponds and wetlands would likely have significantly adverse
effects on both cultural and natural resources.
Additionally, we are very concemed 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 the project area, and potentially the Hood Canal, Duckabush and
Dosewallips River systems during overflow events. The project would remove 55% 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
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 Resources Protection and Stewardsh ip
Action 1: Preserve Kettle Ponds B and C and adjacent wetlands for a traditional
property evaluation and the protection of cultural resources. Conduct a traditional
cultural property evaluation to determine the eligibility of the kettle ponds and
wetlands to the National register. Evaluate the impacts of the proposed project on the
cultural integrity of the area and its eligibility to be listed on the National Register of
Historic Places. Redesign stormwater and wastewater management plans to avoid the
destruction of wetlands and the alteration and use of Kettle Ponds B and C for
stormwater and treated wastewater storage.
Action 2: Schedule a site visit with PGST staff to view the kettle ponds and other
areas of cultural significance.
Action 3: Provide a biological inventory of plants, amphibians, birds and other species
that are currently present in Kettle Ponds B and C and those that were likely present
prior to timber harvesting and other disturbances.
Action 4: Consult with PGST Cultural Resource Dept. staff to schedule site
monitoring, particularly during ground disturbing activities.
Action 5: Develop a Stewardship Plan that provides for the restoration of traditional
plants in the project area and the opportunities for tribal access to cultural resources.
According to oral tradition and knowledge, the Brinnon area, including Pleasant Harbor, holds
cultural resources of great value to the Port Gamble S'Klallam people. Uncommon geological
J
PORT GAMBLE S'KLALLAM TRIBE
31,912Little Boston Rd. NE - Kingston, WA 98346
features, such as kettle ponds, are often linked to spiritual and cultural knowledge that is
passed through the generations. The area was known as an important place for gathering and
processing traditional foods and materials needed to support a productive livelihood. The area
was known for its abundant provisions of reeds and other thrush materials.
The Port Gamble S'Klallam Tribal Historic Preservation Officer (THPO) has provided a
separate letter describing the significance of the site as a traditional cultural property and
challenging the DAHP determination, which did not involve any consultation with the Port
Gamble S'Klallam Tribe's TPHO officer. The proposed action would impact the integrity of
this site, which by oral accounts has cultural and spiritual significance and contributes to
regionalNative American history. Based on historic Native American place names, camping
locations, and oral traditions regarding spiritual entities associated with the landscape, the site
has the potential to yield more information about the unique history and use of the area by the
S'Klallam people. The site is representative of unique geology and unique plant communities
and has been actively used within living memory for traditional plant gathering and cultural
practices.
We have great concern with the continued diminution of cultural resources linking the Tribe's
ancestral ties to the land and water. To see its natural resources, such as the rare kettle ponds,
forever changed is deplorable to tribal members. The Tribe seeks to preserve and restore its
natural landscapes in order to reserve the ability to teach its children and future generations
the traditional knowledge and culture that defines it. The County should work with tribal staff
to plan and implement the stewardship of these resources.
B. Shellfish Resources Protection and Management
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 oftidelands 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.
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 intertidalareas to Tribalharvesters based on
acreage available, habitat available and existing natural manila clam and pacific oyster
production. The Duckabush and Dosewallips tidelands combined supply over 75oh of tribal
resource for pacific oysters from public tidelands.
The increase in visitors, both temporary and permanent residents, is expected to increase the
harvest pressure on the Duckabush and Dosewallips tidelands. Natural recruitment of bivalves
4
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA98346
in Hood Canal is sporadic and increased pressure from additional harvesters without an
annual enhancement will result in a decline in the existing resource over time. In addition,
both tidelands have areas of concern to the Washington Department of Health (DOH). In
2015, DOH reported that one water sampling location on Dosewallips and two locations on
Duckabush were in Threatened status and an additional location on each tideland were 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 economic impact on the Port
Gamble S'Klallam Tribe.
C. Wildlife Protection and Habitat Management Plan
Action 7: Consult with PGST/Point No Point Treaty Council wildlife biologist to
develop and implement a plan for the protection of wildlife and the restoration of
wildlife habitat. The purpose of the plan is to provide protective actions for wildlife,
including keeping the elk herd from crossing the highway to enter the project area.
The plan will also provide information regarding vegetation and habitat preservation
in natural areas.
We are concerned about impacts to the elk herd that forages to the West of this project area in
the lower end of the Duckabush River Valley and the development of an "attractive nuisance"
in the form of highly alluring elk and deer forage opportunities. The construction of lawns and
fairways proposed as part of this MPR will create an "attractive nuisance" that will increase
the frequency at which elk cross highway l0l. Coupled with the projected increase of more
than 4,000 vehicle trips per 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
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.
5
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
D. Water Quality Protection and MonitoriufPlan
Action 8: Contact U.S. Army Corps representatives to request a new determination of
wetlands jurisdiction for the purposes of USCOE permit review. The 2007
determination (FSEIS Vol.2 Appendix J.A) expiredin2012 and the document is no
longer a valid determination that the wetlands in question are not Waters of the U.S.
Action 9: Consult with PGST Natural Resources Dept. staff to develop and implement
a plan for the protection of water quality in the project area and in waters adjacent to
the project area or amend the existing Draft Water Quality Monitoring Plan to include
these protections. This will incorporate the following:
a) Water quality monitoring in waters connected to tribal fisheries and
shellfish harvesting areas, including monitoring for pollutants, and
b) An evaluation of alternatives for constructing additional swales and
contours near roadways to redirect stormwater runoff away from Hood
Canal, particularly in the areas of Phase I construction.
Action l0: Revise project management plan to eliminate the use of persistent
pollutants and replace them with substances allowed for use under the agricultural
national organic program. Provide the draft revised management plan to PGST Natural
Resources staff for review and comment.
The urbanization of Black Point by the development of the proposed Master Planned Resort
(MPR) will increase the prevalence of toxic heavy metals, persistent organic pollutants and
other contaminants of emerging concern in this rural area. The increase in the prevalence of
these pollutants will likely have a negative effect on fish and shellfish resources inhabiting
Black Point and the surrounding areas, including the Dosewallips and Duckabush River
Estuaries.
Developing a stormwater and wastewater remediation system may reduce the effects of these
pollutants. To ensure the functionality of this type of system, extensive and regular, discharge,
ambient water 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 rural area is clearly illustrated by the pollution related loss of
-36,000 acres ofshellfish beds throughout Puget Sound.
The geochemical processes occurring at the seawater/groundwater interface form a critical
transition zone, 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
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. Unified Development Code and Development Agreement
Action 11: Include the above actions in the Jefferson County Code as an amendment
to the Unified Development Code.
Action 12: Include the above actions as a requirement in the development agreement.
6
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
Action 13: 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 extent, we are concerned that
it does not go nearly far enough to resolve the potentially significant impacts to tribal treaty
rights and cultural resources. We look forward to working with you to address these concerns.
Please contact me with any questions at (360) 297-6293.
Thank you.
Sincerely,
Roma Call
Environmental Program Manager
Port Gamble S'Klallam Tribe
7
PORT GA}TBLE S'KId.LI,A,M TRIBE
lll9l2 Little Br:str:n Road NE . Kingston, WA $8346
Date: March I 1, 2016
lefferson County Planning Commission
621 Shericlan Street,
Port Townsend, WA 98368
E nra il : Pla nCom nr @co.jeffe rson.wa.us
David Wayne f ohnson
Pleasant Harbor FSEIS c/o f efferson County DCD
621 Shericlan Street,
Port Townsend, WA 98368
E nra i I : tlwjoh nso n @co.jeflerson.wa.us
Re: Pleasant Harbor Marina and Golf Resort LLC Master Planned Resort
Dear Planning Conrmis-sion Mem[:ers arrd Mr. fohnson,
Thank you for the opportunity [ur the Port Carnble S'Klallam Tribal Historic Preservation
Office to review and corrrnrent on the propr:secl Plea.sarrt Harbor Marina and Colf Resort l.l,C
Master Planned Resort.
Tlre propusecl Pleasant llarhor Marina and Colf Resort LLC Master Planned Resort is located
within the Port Camhle S'Klallam Tribe's Adjudicated [Jsualand AccustometlArea and
Traditional anel Historic use Area. This proposed undertaking is locatetl in an area of higlr
cultural and histr:ric significance for the Peirt Gamble S'Klallanr Trihe. lt is also located in an
area of high probability fur errcourrtering cultural rcsources according to the Washingtort
Department ol'Archeology antl Historic Preseruation (DAHP) WISAARD datahase.
Based on prelimiuary review oI location of the prnpused unrlertaking the Tribe is concerned
that the project proposal to use Kettle Ponds B and C for storing stornlwatel'artd tre.ated
wastuwater could result in significarrt danragcs to Traditional Cultr.rral Properties (TCPs)
that meet nrultiple federal criteria that render thenr eligible for inclusiun on the National
Register of Histqrric Places.
Criterion B Association witlr thc l,ives of Persons Significant in our Past: This arra
specifically the freshwater within the proposed project area, have direct association with
spiritual ontities knr:wn to the S'Klallant Trihe.
Criterion C. Represcrrtative oIa Signif icant arrcl Distinguishahle lintity Wlrnse Corttpone nts
May Lack llrdividual Distilrction: Areas within the proposetl project area lrave unique
eculogical corrditions tlrat result iu su;rJrnrting s1:ecillc hiota that suppot't$d histnric
S'Klallam gathering that has continued into the twentieth century within liviltg nremory of
Purt Gtrnrble S'Klallam Tribal members.
(360) 29?-9646
Kingston
(800) 831-9921
Toll Free
(350) 297-7097
Fax
Criterion D, History of Yielding or Potential to Yield lnformation Important in Prehistory or
History: Based on the high density of Native American Place names that include traditional
camp sites and the proxirnity of the proposed project to two traditional S'Klallam historic
and contemporary fisheries and shellfish harvest areas at the Duckabush and Dosewallips
River the area has a high probability to yield valuable information to S'Klallam, and broader
patterns of Native American history and use of the Hood Canal watershed.
The Tribe believes that the uniqueness of the geologic features and oral historical accounts
relating spiritual entities linked to the land, the traditional planfs harvested generationally
by S'Klallam people from the past and within living memory as well as multiple campsites
and Native American place names know in the area, all directly contribute to unique
cultural significance of the area that would be impacted by significant modification of the
physical environment,
The Port Gamble S'Klallam Tribe requests to have a traditional cultural property evaluation
of the kettle ponds and wetland area to determine their eligibility to the National register
and evaluate the impacts the proposed undertakings will have on the cultural integrity of
the area and their eligibility to be listed on the National Register of Historic Places.
Sincerely,
laurod'WC
Laura L. Price
Tribal Historic Preservation 0fficer
Cultu ral Resources Department
Port Gamble S'Klallam Tribe
360297-6358
Iives@pgsLnsn.us
cc:
Roma Call
Environmental Program Manager, Port Gamble S'Klaltam Tribe
fosh Wisniewski, Ph.D.
Anthropologist, Port Gamble S'Klallam Tribe
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
March 23,2016
Jefferson County Board of Commissioners:
Commissioner Phil Johnson,
Commissioner David Sullivan,
Commissioner Kathleen Kler
1820 Jefferson St.
Port Townsend, WA 98368
Dear Commissioners,
On behalf of the Port Gamble S'Klallam Tribe, I'm extending this invitation to the Board of
Commissioners for a govemment-to-government consultation meeting. The Tribe would like to discuss
issues with regard to the proposed Pleasant Hartor Master Planned Resort in Jefferson County and the
potential for significant impacts on cultural resources and treaty rights. Additionally, we request that the
Jefferson County Board of Commissioners meet with the Tribe prior to making any decisions on the
conditions for the development regulation amendment or developer agreement for the Pleasant Harbor
Master Planned Resort project. We feel it is critical for you to hear and understand the Tribe's concerns in
order to make informed decisions regarding this project.
We also welcome any other agenda topics that you may want to discuss. We are happy to host the meeting
at the Tribe's headquarters at 31912 Little Boston Road NE, Kingston or we could meet at your offices if
that is more convenient. Please contact our staf( Destiny Oliver, at (360) 297-6220 to coordinate schedules.
We look forward to meeting with you.
Sullivan
Porl Gamble S'Klallam Tribe