HomeMy WebLinkAbout070Michelle Farfan
From:
Sent:
To:
Cc:
Subject:
Julie Shannon <JShannon@cojefferson.wa.us>
Friday, April 15, 20L6 70:42 AM
David W. Johnson
Kathleen Kler; Philip Morley; David Goldsmith; David Alvarez
RE:Agenda Request Port Gamble SKlallam Government to Government meeting - 04 18
16.docx
041816_cabsO1.pdf
Posted for your reference as well on the Homepage, Online Commissioner's Agenda, Agendas,2016 Agendas,
04-18-16.
Please let us know if we can be of further assistance.
Thank you,
Julie 5hannon
Executive Secretary I
Jefferson County Commissioner's Office
Office: (350) 385-9100
Desk: (360) 385-9384
ishannon @cojefferson.wa.us
From: Philip Morley
Sent: Friday, April 15, 2016 9:14 AM
To: David Goldsmith <DGoldsmith@co.jefferson.wa.us>; David Alvarez <DAlvarez@co.jefferson.wa.us>; David W
Johnson <djohnson @co.jefferson.wa. us>
Cc: Kathleen Kler <KKler@co.jefferson.wa.us>; Julie Shannon <JShannon@co.jefferson.wa.us>
Subject: RE: Agenda Request Port Gamble SKlallam Government to Government meeting - 04 18 16.docx
Thanks for the review. I incorporated David A's changes and have finaled the Agenda Packet. Later today Julie will turn
it into a PDF.
David Johnson, once it has been forwarded to you, would you please send it on to Pleasant Harbor LLC including Mr.
Mann and his attorney?
I will send it to the Tribe. Thank you
Philip
Philip Morley
Jefferson County Administrator
pm o rlev(oco. ieffe rso n.wa. us
(360) 38s-9100 x-383
This is o reminder thot olt email to or from this email oddress moy be subject to the Public Records Act contoined in RCW
42.56. Additionally, oll email to and from the county is coptured ond orchived by lnformotion Services.
1
Attachments:
From: Philip Morley
Sent: Thursday, April 74,ZOLG 4:51 PM
To: David Goldsmith <dgoldsmith@co.iefferson.wa.us>; David Alvarez <DAlvarez@co.iefferson.wa.us>; David W
Joh nson <d iohnson @co. iefferson.wa.us>
Cc: Kathleen Kler (KKler@co.iefferson.wa.us) <KKler@co.iefferson.wa.us>; Julie Shannon
<JSha nnon @co. iefferson.wa. us>
Subject: Agenda Request Port Gamble SKlallam Government to Government meeting - 04 18 16.docx
David x 3
Here is a proposed Agenda Request memo for Monday's government-to-government consultation meeting. Please
respond by 9 AM Friday if there are any changes you feel are necessary.
Philip
2
RE:
JEFFERSON COUNTY
BOARD OT COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Phitip Morley, County Administrator
DATE: April 18,2016
Government-to-Government Consultation Meeting with the Port Gamble
S'KIalIam Tribe
STATEMENT OF ISSUE: This is a government to government consultation meeting between
the Port Gamble S'Klallam Tribe and Jefflerson County, focused on the Tribe's issues with
regard to the proposed Pleasant Harbor Master Planned Resort. The Port Gamble S'Klallam
Tribe has requested this meeting and the County Commissioners wish to have such a meeting.
ANALYSIS: The Port Gamble S'Klallam Tribe is the successor in interest to Indian bands and
tribes who signed the 1855 Treaty of Point No Point. The Pleasant Harbor Master Planned Resort
is within the Port Gamble S'Klallam Tribe's Adjudicated Usual and Accustomed Area and
Traditional and Historic Use Area. [n recognition of the Tribe's unique status, a government-to-
govemment consultation meeting is both appropriate and welcomed by the County
Commissioners.
In 2008, the Jefferson County Board of Commissioners adopted Ordinance No. 0l-0128-08
amending the County Comprehensive Plan to desiguate a Master Plarmed Resort (MPR) in
Brinnon in the Pleasant Harbor and Black Point areas, and imposing certain conditions on the
subsequent development of the MPR. Since then, the Pleasant Harbor Marina & Golf Resort,
LLP (Pleasant Harbor) has been working to develop a plan for developing the Master Planned
Resort, On December 9,2015 a Final Supplemental Environmental Impact Statement (FSEIS)
was issued by the County on Pleasant Harbor's proposed development, as the SEPA document to
accompany a set of proposed draft Development Regulations and a draft Development
Agteement, both of which were subject to potential amendment and adoption by the Board of
County Commissioners after public hearing(s).
On December l6 the Port Gamble S'Klallam Tribe sent a letter to the Jefferson County Plaruring
Commission and Department of Community Development (DCD) raising issues they believe
were not satisfactorily addressed in the FSEIS, and asking for a 60-day period to work with the
County to complete the tribal consultation process. DCD granted this extension.
On March ll,2016 the Tribe's Tribal Historic Preservation Officer Laura Price sent a letter to
the Planning Commission and DCD outlining concems about use of Kettle Ponds B and C and
potential damage to Traditional Cultural Properties, including the freshwater within the project
area that has direct association with spiritual entities known to the S'Klallam Tribe, and biota
subject to historic S'Klallam gathering, and requesting a traditional cultural property evaluation
for possible listing on the National Register of Historic Places.
On March 75,2016, the Tribe's Environmental Program Manager Roma Call sent a letter to the
Planning Commission and DCD outlining additional concems about potential impacts to tribal
fisheries (including shellfish too), elk herd viability, cultural resources and tribal treaty rights.
The letter proposes 13 actions requested by the Tribe, and offers to work with the County to
address the Tribe's concerns.
On March 23,2016, Port Gamble S'Klallam Tribe Chairman Jeromy Sullivan sent a letter to the
Jefferson County Board of Commissioners extending an invitation for a government-to-
government consultation meeting to discuss issues with regard to the Pleasant Harbor Master
Planned Resort prior to any decisions by the County on the Development Regulations or
Development Agreement.
In addition, Ms. Price and Ms. Call attended the Planning Commission's meeting on April 6,
2016, presented the Tribe's concerns to the Planning Commission, and answered clarifying
questions by the members. The Planning Commission continues its deliberations on
recommendations it may make to the County Commissioners regarding the draft Development
Regulations and the draft Development Agreement for the Pleasant Harbor MPR.
For the April 6 Planning Commission meeting, DCD staff prepared a "Note to File - March 29,
2016" providing further background information regarding the Port Gamble S'Klallam's
concerns. Both the applicant and the Port Gamble S'Klallam Tribe have the'Note to File."
Please find attached copies of the following:
l. March 23,2016letter from Port Gamble S'Klallam Tribe Chairman Jeromy Sullivan on
the government-to-government meeting;
2- March ll,2076letter from Tribal Historic Preservation Officer Laura Price;
3. March l5,20l6letter from the Tribe's Environmental Program Manager Roma Call;
4. March 29,2016 Note to File from Jefferson County Associate Planner David Wayne
Johnson.
FISCAL IMPACT: None.
RECOMMENDATION: Conduct a government-to-government consultation meeting between
the Port Gamble S'Klallam Tribe and the Jefferson County Board of County Commissioners and
staff. Provide county staff direction for continuing work in consultation with the Tribe.
r/s-/r
Philip Date
PORT GAMBTE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
March 23, 2016
Jefferson County Board of Commissioncrs:
Commissioner Phil Johnson,
Commissioner David Sul livan,
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
Commissioncrs for a govemment-to-government consultation meeting. Thc Tribe would like to discuss
issues with regard to the proposed Pleasant Harbor Master Planned Resort in Jefferson County and the
potential for significant impacts on cultural resources and treaty rights. Additionally, we r€quest that the
Jefferson County Board of Commissioners meet with the Tribe prior to making any decisions on the
conditions for thc developmcnt rcgulation amendment or developer agreement for thc 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 at319l2 Little Boston Road NE, Kingston or we could mest at your offices if
that is more convenient. Please contact our staff, Destiny Oliver, at (360) 297-6220 to coordinate schedules.
We look forward to meeting with you.
sincedly, /
, l- /t'--
l.tqfnv Sullivan
Chalrman, Port Camble S'Klallam Tribe
2
PORT GAIIBtE S'NIJILI.ATII TRIBE
31912 Little Boston Road NE o KinXlston, WA 99346
Date: March I 1, 2016
f efferson County Plan ning Commission
621 Sheridan Street,
Porl Townsend, WA 98368
Enrail : PlanCom m@co.iefferson.wa.tr.s
David \,l{ayne f ohnson
Pleasant Harbor FSEIS c/o lelferson County DCD
521 Sheridan Street,
Port Townsend, WA 98368
Ema i I : dwioh nso n @co.j elfe rso rr.wa.u s
Re: Pleasant Harbor Marina and Golf Resort LIC Master Planned Resort
Dear Planning Conrnrission Members and Mr. Johnson,
Thank you for the opportunity for the Port Garnhle S'Klallanr Tribal Historic Preservation
Office to review and conrnrent on the proposed Pleasant Harbor Marina and Gnlf Resort LLC
Master Planned Resort.
The proposed Pleasant l'larbor Marina and Golf Resort LLC Mas^ter Planned Resort is located
within the Port Gamble S'Klallarn Tribe's Adjudicated Usual and Accustorned Area and
Traditional and Historic Use Area. This proposed undertaking is locaterl in an area of high
cultural and historic significance for the Port Garnble S'Klallam Tribe. lt is also located in an
area of high probability for encountering cultural resourc('s according to the Washington
Department of Archeology arrd Historic Preservation (DAHP) WISAARD database.
Based on preliminary review of locat.ion of the ;rroposcd untlertaking the Trihe is concernett
that the prolect proposal to use Kettle Ponds B and C for storing stornrwater and treated
wastewater could result in significant danrages to Traditional Cultural Properties (TCPs)
that meet nrultiple federal criteria that render them eligible firr inclusion on the Natirtnal
Register of Historic Places.
Criterion B Association with the Lives of Persons Significant in our Past; This area
specifically the freshwater within the proposed proiect area. have direct association with
spiritual entities known to the S'Klallam Trihe.
Criterion C. Representative of a Significant arrd Distinguishahle Entity Whose Components
May Lack lnclividual Distinctiun: Areas within tlre progrosed proiect area have unitlue
ecological conditions tlrat result in sup;rorting specific biota that supported historic
S'Klallam gathering that lras continued into the twentieth century within living memory rrf
Port Ganrble S'Klallanr Tribal ntemhers,
(360) 297-264rj
Kingston
(800) 831-9921
Toll Free
(3601 297-7097
Fax
Criterion D. History of Yielding or Potendal to Yield Information Important in Prehistory or
History: Based on the high denstty of NatlveAmerlcan Place names that include traditional
camp sltes and the proximity of the proposed project to two tradltional S'Klallam historic
and contemporary ftsherles and shellfrsh harvest areas at the Duckabush and Dosewallips
River the area has a hlgh probability to letd valuable lnformaHon 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
relatingspirihral endtles llnked to the land, the traditional plants harvesred generaHonally
by SKlallam people from the past and within living memory, as well as muldple campsltes
and Naffve Amerlcan place names know ln the area, all dlrectly conHbute to unlque
cultural slgnlflcance of the area that would be lmpacted by significant modificatton of the
phystcal envlronment.
The Port Gamble S'Klallam Tribe requests to have a traditional cultural property evaluatlon
of the kettle ponds and wetland area to determlne thetr eligibility to the Nadonal reglster
and evaluate the impacts the proposed undertaklngs wlll have on the cultural integrity of
the area and thetr eligibility to be llsted on the Natlonal Reglster of Hlstoric Places.
Sincerely,
lr*rod,.0tre
Laura L. Price
Trlbal Historic Preservation Offi cer
Cultural Resources Department
Port Gamble S'Klallam Tribe
360297-6358
lives@pgst nsn.us
CC:
Roma Call
Environmental Program Manager, Port Gamble S'Klallam Tribe
]osh Wlsnlewski, Ph.D.
Anthropologist, Port Gamble S'Klallam Tribe
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98345
March 15,2016
Jefferson County Planning Commission
621 Sheridan Street,
Port Townsend, WA 98368
Emai I : PlanComm@co jefferson.wa.us
David Wayne Johnson
Pleasant Harbor FSEIS c/o Jefferson County DCD
621 Sheridan Street
Port Townsend WA 98368
Email : dwj ohnson@co jefferson.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 implement the 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 1 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. 933.1 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 documsnt to be
executed or recorded with the County Auditor, reflecting the developer's written
' United States v. Washington, 459 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 integity 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 concem to the
Tribe.
With the release of the FSEIS for this project, it is questionable as to whether Jefferson
County's Community Development Depanment (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. 01-0128-08, 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 Centennial Accord (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 Govemment-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
commercial and residential development, 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 Govemor's Office of Indian Affairs: http://www.goia.rva.gov/government-to-govemmenVdata./agreement.hlm
3 Governor's Office of Indian Affairs Implementation Guidelines: http://www.goia,wa.gov/government-to-
governm ent/D atalgu i del ines. htm
z
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
would be cleared of vegetation, filled and lined. The proposalprovides 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 concerned 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. 01-0128-08.
A. Cultural Resources Protection and Stewardship
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. staffto 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
319L2 Little Boston Rd. NE - Kingston, WA 98345
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
regional Native 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 Usualand 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 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 GAMBTE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
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 runofffrom the increase in impervious areas could result in poor water quality in
the rivers Ieading 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 PIan
Action 7: Consult with PGST/Point No Point Treaty Councilwildlife 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 101. 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 reveal that highway l0l is not a barrier to dispersal to
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 ofthe 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 Monitoring PIan
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) expired in2012 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. staffto 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 10: 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. Unifie-d Development Code and Development Agreement
Action l1: 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, WA98346
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
JEFFERSON COUNTY
DEPARTMENT OF GOMIUNITY DEVELOPMENT
621
Tel:
ful6ing Permlts & /nspectrons I Dewlopment Consdency Revlew I Long Renge Plmrilng I Squap One Feeouoo Oenter
IIOIE TO Fll"E - March 29, 2016
RE: Pleasant Harbor MPR Phase ll - Staff Response to Port Gamble S'Klallam Tribe (PGST) letter dated
March 15,2016 (attachment f 1)
Staff and the Planning Commission recelved the attached letter, and for the record, staff is providlng this
response as a way to address the issues contained In the letter, Thls Note to Flle wlll be provided to the
Planning Commission prior to lts public meetlng of Aprll 6,2OL6.
As part of the Phase I approval for a Comprehensive Plan amendment to designated property for a
future MPR, the Board of County Commissioners imposed 30 conditions of approval (Ordinance No. 01-
0{128-08). Staff made clear, and the applicant agreed that meeting the conditions prlor to signlng the
developinent agreement, was the responsiblllty of the appllcant. Also, the concerns of the PGST stated
ln thelr letter dated March 15, 2016 related to Cultural and Natural Resources, concerns that were
thoroughly analyzed in the SEIS as required by SEPA.
Consultatlon with the PGST: The followlng actions were taken by the Applicant and Staff to meet the
above state and local requirements, including any requirement to consult with tribes:
1, The Consultant who drafted the Cultural Resources Management Plan sent letters to all six local
trlbes including the PGST requesting consultation on identlfylng cultural resources on-site
(attachment #2), The Skokomish Tribe was the only one to respond.
2. On May LL,20L2, the appllcant sent the PGST the Cultural Resources Management Plan dated
March 27, 2012 (attachment #3). The PGST did not respond to this request to review and/or
comment on the plan.
3. ln order to facilitate coordinatlon and consultation with the Tribes, staff elicited the assistance
of the State Department of Archaeology and Historic Preservation who sent Staff a letter dated
January 74, 2Ot3 (attachment #4) confirming that "three trlbes had concurred with the plan and
three others did not comment."
4. OnNovember1r9,2Ol4,Staff releasedthedraftsElsforpublicandagencycomment. ThePGST
was sent the notice of availability on November !8,20t4,
5. Staff received a comment letter on the Draft SEIS from the PGST on January 5, 2015 (attachment
S5 - date stamp of 2014 in error). The letter requested "the opportunity to consult more
directly wlth the project applicant and Jefferrcn County." As such, staff contacted the Tribal
representative Roma Calland scheduled a meeting on-slte.
6. On February 18, 2015, Staff and the Project Manager, Craig Peck met with representatives of the
PGSTtodiscusstheirconcerns. Aswerecall,thetopicof cultural resourcesandtheKettleswas
not discussed, but water quallty, shellfish and elk were. At the conclusion of the meeting, Tribal
Representative Roma Call asked if the Trlbe could submit a request to the County to include
additional monitoring for water quality. Staff agreed to review any request submitted by the
Tribe, and indicated there would be time for them to submit their request.
Web:
7 , DCD does not provide notice to interested pa rties that the Final SEIS is a bout to be released and
SEPA does not require that such notice of impending Final SEIS publication be provided.
8. On December 9, 2015 the final SEIS was released ten months after the meetlng with the PGST,
sufficient time for PGSI to submit their request. The release of the final SEIS lncluded a four
page response to the PGSTs comments on the Draft SEIS (attachment #5)
9. On December 16, 2015, staff received a letter (attachment #7) regarding a 50 day request to
"complete the Trlbe's consultation." The letter also confirms that 'although the document
(FSEIS) cove6 potential environmental effects to some extent, we are concerned that it does
not go nearly far enough to resolve the potentially signlficant impacts to t!!i!-tgely3igh$,"
10. On January 22,20t6, The Planning Commission and staff agreed to grant the PGST 60 days to
"complete the trlbal consultatlon process," as requested (attachment S8).
11, On March 15, 2015, the PGST submltted the subject letter (attachment #1) requestlng that
"Jefferson County work with the developer and the PGST to implement the following mitigation
actions, and meet the requirements of Ordinance No, 01-0128-08" (the 30 condltions of
approval). From the perspective of DCD, the March 15, 2016 letter formally concluded the
consultation process between the PGST and Jefferson County which began on February 18,
2015.
Conclusions:
Based upon the attached correspondence, DCD concludes the consultation process between PGST and
Jefferson County began on February 18, 2015 and was completed on March 15, 2015 with submission of
the subject letter (attachment #U. The task now ls to "contlnue to wo* whh the develooer and PGfi
staffl to determine whlch orooosed actlons items warrant lmohmentation.
Although the PGST acknowledges that the FSEIS "covers potential environmental effects to some
extent," lt ls clear that the PGST believes the SEPA analysis and proposed mitigation, whlle presumed to
be compllant with State law, does not meet the environmental protection standards the Trlbe asserts
are necessary to protect tribal treaty rights,
Ordlnance No. 01-0128{8
The following condltlons of approval under Ord No. relate to the PGST:
J) Tribes should be consulted regarding cultural resources, and posslbly one kettle preserved as a
cultural resource.
Staff Comment: The word "should" lndlcates that dlscretlon is allowed, whlle the word "shall" ls
mandatory (JCC 17.05.040 Port Ludlow MPR Code).
Aoollcant Compllance: The applicant collaborated with the Skokomish Tribe in preparatlon of the
Cultural Resource Management Plan (attachment #3) and letters requesting consultatlon were sent to
the PGST and other localTribes prior to drafting the plan. Kettle C will be preserved as part of the
proposal.
k) As a condition of development apprcval, orior to the lssuance of anv shoreline oermit or aoorwal of
anv orellmlnarv olat. there shall be executed or recorded wlth the County Auditor a document reflectlng
the developer's written understanding wlth and among the following: Jefferson County, localtribes, and
the Department of Archaeology and Historical Preservation, that lncludes a cultural resources
management plan to assure archaeological investigations and systematic monitoring of the subject
property prlor to issuing permits; and during construction to maintain slte lntegrity, provide procedures
2lPage
retarding future ground-disturblng activity, assure traditional tribal access to cultural properties and
activities, and to provide for community educatlon opportunities.
Staff Comment: Since the Maritime Village was relocated outslde the Marlna, and no new development
will take place withln Shorellne jurisdiction, no shoreline permlts are llkely to be required or applied for.
Also, the appllcant could process the development zones and residential areas with a Boundary Line
Adjustment instead of a Plat, unless there would be a sale or lease of new parcels. However, the intent
of thls condltlon ls to ensure that cultural resources are protected.
Aoolicant Comollance: The Cultural Resource Management Plan (attachment fi3) is intended to comply
with this condltion, however, it does not appear to contaln provislons for notlfication of Tribes to assure
traditional trlbal access to cultural properties and actlvlties, or to provide for community education
opportunitles.
Staff Recommendation: revise the Cultural Resource Management Plan in consultation with the PGST to
include provisions for notification of Tribes of ground disturbing activities, to assure tradltional tribal
access to cultural properties and actlvlties, to provlde for community education opportunlties, and to
ensure that contact lnformatlon is current. This revised Plan would be recorded with the Auditor and
referenced as a requlrement in the Development Agreement.
lf A wildlife management plan focused on non-lethal strategles shall be developed in the public interest
ln consultation wlth the Department of Flsh and Wlldlife and local trlbes, to prevent dlmlnlshment of
tribal wildllfe resources cited in the Brinnon Sub- Area Plan (e.g., deer, elk, cougar, waterfowl, osprey,
eagles, and bear), to reduce the potentlal for vehicle collisions on U.S. Highway 101, to reduce the
conflicts resulting from wildlife foraging on high-value landscaping and attractlon to fresh water source$
to reduce the danSers to predators attracted to the area by prey or habltat, and to reduce any danger to
humans.
Staff Comment: Staff agrees wlth the PGST that the wildlife management plan and the Habltat
Management Plan are not the same thlng.
Aoolicant Comollance: The appllcant has not complied with this condition and will need to consult with
the localTrlbes and the Department of Fish & Wildlife when drafting the plan.
Staff Recommendatlon: Thls plan shall be requlred prior to land dlsturbing activlty for Phase 18
SEPA
ln addltion, proposed JCC 17.80.050 Envlronmental rcvlew for Resort Plan development requires
addltional environmental review for all project level applications which requires completion of a SEPA
checklist, notice to Tribes, among others, and a SEPA determination. Should the determlnation require
more environmental study such as a Supplemental ElS, the Trlbes will have the opportunity to be
involved ln the scoplng of that environmentalstudy.
Staff Recommendatlons:
Beyond the recommendations above, staff recommends the following to satisfy the concerns of the
PGST and others:
The applicant may adopt any or all of the following options and the County may only requlre
implementation of such optlons or mitigations as are necessary to comply wlth one or more of the 30
condltlons listed in Ordinance #01{128-08 at Finding #63. Applicant's options include:
1. Redeslgnlng the stormwater and wastewater management systems to completely avold the use
of Kettles B & C, or in the alternative;
3lPage
Z. lmplement and complete Actions 2 thru 5 of the subject letter, to include educational
opportunltles related to the unlqueness of these geologlc features.
3. lmplement and Complete Action steps 8, 9 & 10 of the subject letter.
4. lmplementand Complete a combinatlon of 1& 3 above or2 & 3 above,
5. Meet with the representatives of PGST and arrive at a different set of mutually agreeable
mltlSations that address the concerns the PGST expressed ln the March 15, 2016 letter.
5. Reduce the number of residential units proposed to 445 - half of the 890 approved units under
Phase 1 and Ordinance #01-0128-08.
7. Take no actlon in response to the March 15, 2015 sent to DCD by the PGST.
Jefferuon County recognizes the PGST as a speclfic party of interest, and as such will be notlfled of all
project level development appllcatlons that require notlce, lncludlng any SEPA Threshold Determination
as outlined in proposed JCC 17.80.050. Jefferson County cannot grant the PGST any special provisions
under the development regulations that are not granted to other parties, nor can h codify requirements
before determining what those requirements are.
Associate Planner
b
4lPage
Attachment #1
PORT GAMBLE S'IGALLAM TRIBE
31912 Little Boston Rd. NE -Kingston, WA 98345
March 15,2016
Jefferson County Planning Commission
621 Sheridan Steet,
Port Townsend, WA 98368
Email: PlanComm@co jefferson.wa.us
David Wayne Johnson
Pleasant Harbor FSEIS c/o Jefferson County DCD
621 Sheridan Street
Port Townsend WA 98368
Email: dwiohnson@co.igfferson.wa.us
Subjech Pleasant Harbor Final Supplemental Environmental Impact Statement
December 2015, Case No's: MLA0E-00188, ZON08{0056
Dear Plan4ing Commission Mernbers and Mr. Johnson,
On behalf of the Port Gamble S'Klallam Tribe @GST), the following comments are provided
with regard to lte 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
staffto implement the actions described below. Thcse actions are intended to serve as
mitigation for the potentially significant effects of the proposed project on cultural resoutces
and the Tribe's treaty rights and are also consistent with the conditions required under
Ordinancc No. 0 1-0128-08.
The Port Gamble S'Klallam Tribe is the successor in interest to Indian bands and tribes
sigaatory to the 1855 Treaty of Point No Point, 12 Stat. 93:.' 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 modcrate 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 mcmbers depend on fish, shclllish and wildlife.
In 2008, the Jefferson County Board of County Commissioners (BOCC) adopted Ordinance
No. 01-0128-08, listing 30 special conditions to be required for development approval undcr
the Comprehensive Plan amendment to allow a Master Plan Resort within an arca zoned
Rural Residential. "Consultation with the Tribes regarding cultural nesounces, and possibly
one kettle presenred as a culfural resourcc," is included as a requirernent in the list of
conditions for development approval. The BOCC ordiuance also requires a document to be
executed or recorded with the County Auditor, reflecting the developer's written
' Urited States v. ltroshington,459 F. Supp. 1020, 1039 (W.D. Wash. l97E) Oereinaffcr Boldt il).
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingstoru WA 98346
understanding with and among the local kibes, as well as other entities, in order to maintain
site integrity and to as$ue traditional tribal access to cultural properties and activities. Thc
BOCC ordinance also requires the applicant to develop a wildlife management plan focused
on non-lethal strategies in the public interest in conzultation with the Departrnent 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 orderto 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 ttre
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 Inadverte,nt 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 kibal teaty right impacts.
The Centennial Accord (1989) and the New Millennium Agreement (1999)2 established a
basic framcwork and provide the general foundation for relations between thc Tribes and
Washington State. Thi Government-to-Government Implementation Guidclines3 were
developed in order to provide a consistent approach for state agencies aud tribes to follow in
impleme,nting the Aocord, and are applicable to local governments. In the context of the
govemment-to-govemment 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 concern€d about the potential for adverse effects on cultural resources and treaty rights
from the loss of wetlands and rare kettle ponds, increased taffic, intensity of land use for
commercial and residential development, 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 sigrrificantly itnpact
kettle ponds and wetlands. The project proposes to rernove 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 Offrcc of Indian Affairs: http://www.goia.wa.gov/government-to-govcrnmcnt/datay'aSreement.htmI Govcrnor's Offrce of Indian Affairs Implcmentation Guidclincs: http://www.goia.wa.gov/govcrnment-to-
govemmenC/Data/guidel ines.htm
2
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98345
would be cleared of vegetation, filled and lined. The proposal provides inadequate
compcnsatory mitigation for these effects with the plan to manufacture a wetland in existing
Kcttlc Poad C that would also serve as a stormwatcr runoffbasin for the project. Impacts to
flora and fauna in the Kettle Ponds and wctlands would likely have sigrrificantly adverse
effects on both cultural and natural resources.
Additionally, we are very coDcerncd about the effects of persistent pollutants on water qualrty
in groundwater, wetlands and steams 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 hees and native vegetation replacing it with impermeablc 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 traffrc 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 thcse effects.
Due to the potential for significant impacts to tribal fisheries and cultual resources we request
that Jefferson County work with the developer and PGST staffto implement the following
mitigation actions, and meet the require,ments of Ordinance No. 0l-0128-08.
A. Cultural Resources Protection end Stewrrdship
Action l: Preserve Kettlc Ponds B and C and adjacent wetlands for a traditional
property evaluation and the protection ofcultural resoruces. Conduct a traditional
cultural properly evaluation to determine the eligibility of the kettle ponds and
wctlands to the National register. Evaluate the impacts of the proposed project on the
culhrral integrity of the area and its eligibility to be listed on the National Register of
Historic Places. Redesign stormwater and wastewatermanagement plans to avoid the
destruction of wetlands and the alteration and use of Kettle Ponds B and C for
stormwater and treated wastewater storagc.
Acfion 2: Schedule a site visit with PGST staffto 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 Kettlc 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. staffto 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 Brinnou area, including Pleasant Harbor, holds
cultural resources of great value to the Port Gamble S'Klallam people, Uncommon geological
3
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE -Kingstory WA98u6
features, such as kettle ponds, are often linked to spiritual and cultural knowledge that is
passed through the generations. The area u/as known as an important place for gathering and
processing fraditional 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 Offrcer (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 impactthe integity of
this site, which by oral accounts has cultural and spiritual sipificance and contributes to
regional Native 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 mcmory 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 tle rare kettle ponds,
forever changcd is deplorable to tribal members. Thc Tribe seeks to preserve and restore its
natural landscapes in order to reserve the ability to teach its children and ftrnrre generations
the taditional knowlcdge and culture that defines it. The County should work with tribal staff
to plan and implement the stewardship of these resoluccst.
B. Shellfish Resources Protection and Manegement
Action 6: Consult with PCST Natural Resources Dept. staffto develop and implement
a plan for the protection and restoration of tribal shellfish resouroes. 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 Deparinent of Health.
The Black Point Resort will be located between two public beaches (the Duckabush and the
Dosewallips) which provide both significant commercial and ceremoniaUsubsistence 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 75o/o of tribal
rcsource for pacific oystcrs from public tidelands.
The increase in visitors, both temporary and pcrmanent 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, WA 98345
in Hood Canal is sporadic and increased preszure from additional harvesters without an
annual enhancement will result in a decline in the existing resource over time. ln addition,
both tidelands have areas of concern to the Washington Departnent of Health @OH). 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 Concemed status. Additional system overflows into the Duckabush or contaminated
stomwater rturoff 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 Protectlon and Hebitat Managpment Plan
Action 7: Consult with PGST/Point No Poht Treaty Council wildlife biologist to
develop and implement a plan for the protection of wildlife and the restoration of
wildlifc habitat. The purpose of the plan is to providc 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 concemed about impacts to the elk herd that forages to the West of this project area in
the lower end of the Duckabush RiverValley and the development of an "attractive nuisanc€"
in the form of highly alluring elk and doer forage opportunitios. The construction of lawns and
fairways proposed as part of this MPR will crcatc an "attractive nuisance" that will increase
the frequency at which elk cross highway 101. Coupled with the projectcd increase of more
than 4,000 vehicle tips per day, the "atEactive nuisance" poses a significant risk to human
health and the viability of the elk her'd.
The FSEIS Habitat Management Plan was not doveloped in consultation with the Tribe and
i/doesnot tulfill the wildlife safety and damagecontrol objectives of the 2008 BOCC ordinance' (Ordinance No. 0l-0128-08, 63.1). Although thc 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 Wildlifc Management
Plan must describc how the elk wiU be disconraged or prevented from crossing the highway.
GPS and other elk monitoring records reveal that highway l0l is not a barrier to dispersal to
the Duckabush elk herd. We know that the elk rcadily cross the highway just north of
McDonald Creek and in the vicinity of Triton Head/Triton Cove. The wildlife maoagement
plan should also dcsctibe &e locatiorq size, and other qpecifications of the fence or any other
detcrrents consbucted to reduce risks to the elk. Additionally, we nced a lcgitimarc 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 doue if the elk still manage !o get on the property and start
damaging greens and fairways. Such actions must NOT include lethal control or state-
subsidized monetary compensation,
5
PORT GAMBTE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingstoru WA 98346
D, r#_ater Ouelity Protecfion end Monitorine Plrn
Action 8: Contact U.S. Army Corps representiativcs to request a new determination of
wetlands jurisdiction for the purposes of USCOE pcrmit review. The 2007
determination (FSEIS Vol, 2 Appendix J.A) expired in20l2 and the document is no
longer a valid detennination that the wetlands in question are not Waters of the U.S.
Actlon 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
contotus near roadways to redirect stormwater nrnoffaway from Hood
Canal, particularly in the areas of Phase I constuction.
Action 10: Revise project management plan to eliminate the use of persistent
pollutants and replace them with substances allowed for use under the agricultual
national organic program. Provide the &aft revised management plan to PGST Natural
Resources stafffor review and comment.
The urtanization 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 coDcertr in this rural area. The increase in the prwalence of
these pollutants will likely have a negative effect on fish and shellfish resources inhabiting
Black Point and the surrouading areas, including the Dosewallips and Duckabush River
Estuaries.
Developing a storrrwater and wastewater remediation system may reduce the effects of these
pollutants, To ensure the functionality of this 6pe 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 tlpe of system. Our conce,m with regard to the constuction of
an urban development in this rural area is clearly illustrated by the pollution related loss of
-36,000 acres ofshellfish beds tbroughout 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 wetlards located within the
proposed MPR and the nearshore environment surrounding Black Point will likely affect the
chernical constituents available to biota inhabiting this area. For instance, an increase in
salinity could negatively affect the productivity of Pacific oysters (C. Srgas).
E. Unllied Development Code end Development Ageement
Action 1l: Include tlre above actions in the Jefferson County Code as an amendment
to the Unified Dcvelopment 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 - Kingstori WA 98346
Action 13: lnclude 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 cxtent we are concerned that
it does not go nearly far enough to resolve tbe potentially significant impacts to tibal treaty
rights and cultural resources. We look forward to working with you to address these concems.
Please contact me with any questions at (360) 297-6293.
Thank you.
Sincerely,
Roma Call
Environmental Pro gram Manager
Port Gamble S'Klallam Tribe
7
{AC(
PORT GAIIBIE S'IflJILI,AITT TRIBE
31912 Little Bo.ston Road NE . Kingston, \{A 98346
Datc: March 11,2016
f effersort C(xrnty Plarrrring Conrrrrission
621 Sheridarr Streel,
Porl Towrrsencl, WA 98368
E rua ll : Pla nCorn nr@co.je fferso n.wa,lt.s
(360) 297-2646
Kingston
HAR t 5 eo16
\
David Wayue lohnsorr
Plcasant Harbor FSEIS c/o leffcrson County DCD
621 Sheridan Strcct.
Porl Towrrsencl, WA 98368
Ema iI : dwiolr rrson @co.ic,[fers(! rt.w;r. us
Re: Pleasant Harbor Marina and Golf Resoft LLC Master Planned Resort
Dear Planning Corttntission Merrrhers and Mr. lohrrson,
Thank you for tlre opportunity for thc. Port Gamhle S'Klallant Trlllal Historic Preservation
Office to revic'w ancl col'nrlent orr tlrc. prrrposetl Plea.sant l{arbrlr Marinir and Gttlf Rcsot't Ll.C
Master Plarr nt,d llesort.
The propost,rl Pleasatrt Ilarbrrr Marina antl GollResort LLC Master l:lattnud Resttrt is lociltetl
within thc Port Garrrhle S'l(lallanr Trihe's Adjudicated Usual and Accustorttetl Area attd
Traditiorral and Historic Use Area. Tlris proposed ttnderl.aking ls located in an area rrIlrigh
cultural and lristuric significance for tlre Por( Garrrble S'Klallarn Tribe. lt is also located in art
area of lrigh probability ftrr enc(runtet'lng cultural r(!$ources according to the Washingtott
Dc,partnrent o[Archerrlogy and l-listoric Preservation (DAl{P) WISAA RD database.
Bast,rl on ;rrc,lirrrirrary revic,w crflocatirrn of tlrr, proposetl ulxlertaking l,lte Trihe is concernctl
that the pr<rject proposal to u.se Kettle Pourls B and C for storirrg.stonuwater and treatcd
wastL,water coutrl rcsult irr sigrrilicant tlirnrrgc,s to Traditional Cultural Pruperties (1'CPs)
that nlect ntultiplc I'ederal criteri:r that render them eligiblc frrr ittcltrsirrrr orr ttre National
Rc,gistcr of Historic Places.
Criterion B A$sociation with the Livt,s o[Pers(rl)^ SiBniflcant in our Past: Tlris area
specifically the [r'eshwatcr wltlrin the proposed proiect area, have dlrect a.ssociatiorr with
s;liritual cntities knowrr to the S'Klallanr Tribc.
Criteriorr C. Rc.preserrtativc, oIa Si6nilicant and Distinguislrahle Entity Whose Conlpottc'ttts
May l.ack lnclividual Di.stlnction: Ar'ca.s within tlrc ;rroposetl projcct area hat,c' rtnicltrt'
ecolog,ical corrtlitions thal result in supportlng .s;tecific hiota that suppr:rlcd ltistoric
S'Klallanr gatlrcring that has continued into tlre twentlcth century within livlng nrenrory ol
Prlrt Canrhle S'Klallanr Triltal tuembers.
t8001 831-9921
Toll Free
(360t 297-7097
Fax
'lt
Crlterion D. History of Yieldlng or Potenttal to Yield lnformatlon Importaot in Prehistory or
Hlstory: Based on the hlgh denstty of Native Amcrican Place namcs that lnclude tradldonal
camp sltes and the pror.lmlty of the proposed projectto two tr8dltlonal S'Klellam historic
and contemporary fishertes and shellffsh harvest areas at the Duckabush and Dosewallips
Rivcr the area has a hlgh probablllty to yleld valuable lnformatlon to $Klallam, and broader
patterns of Nalive American hlstory and use of the Hood Canal watershed.
The Tribe believes that the uniqueness of the geolo$c features and oral histortcal accounts
relaffng spiritual entltles lluked to the land, the traditlonal planrc haruested teneraBonally
by SKlallam people from the past and wlthin living memory, as well as multlple campsltes
end Nadve Amerlcan plece names know ln the area, all dlrectly contr"lbute to unlque
culurral slgnlficance of the area that would be impacted by slgnlftcant modlflcatlon of the
physlcal envlronment
The Port Gamble S'I0allarn Trlbe requests to have a traditlonal cultural property evaluadon
of the kettle ponds and w€tland are. to determlne their ellgibility to the Nadonal register
and erraluate the lmpacts the proposed undertaklngs wlll have on tfie cultural integrity of
the area and thelr ellgtblllty to be llsted on the National Reglster of Historic Places.
Sincerely,
Iaurr"d,Qfu
Laura L. Prlce
Tflbal Hlstorlc Preservatlon Officer
Cultural Resources Department
Pon Gamble S'Klallam Tribe
360 297-6358
llves@pgst nsn.us
oc:
Roma Call
Environmental Program Manager, Port Gamble S'Klallam Tribe
loshWsnlewsld, Ph.D.
Anthropologist, Port Gamble S'Klallam Trtbe
Attachment #2
CONFIDENTIAL - NOT FOR PABUC DISTRIBWION
Junc 23, 2()06
Mrrie Hebert
Port Gamble S'Klallam Tlibe
31912 Li0lc Bosoon Road NE
Kingstou,'WA 98346
Rq Cultural Recoule Reconnalssrrcc for ttre Pleasent Ilerbor Msrftta end Golf Recort Jctrerson
County.
Dcar Ms. Hebert,
\Ycstcm Shorc ltrcritagc Scrviccs, Inc, (WSHS) has becn rctaincd by Stalesman Corporation to cotduct a
cultural ru$ource t?oonnaiessocc fqr the propoeed 253 acrc Pleasant H8ftor Marina ud Golf Reeort,
located oo the Hood Canal ncar the bwn of Brinnon, Washington (Figure l). Thc ptojccrenuilc two
componcnts: the Maritimc Villagc and thc Crolf Rcso( The Maritimc Villagc wilt cocompass,ttc 290
cristing clips within Pleasant Hartor with ttre additiooal construction of approximatcty t50 rcddeotial
unitr and reconstnrction of the crrreat retail into a 10,000 squarc foot Mritfuna Contcr. Ttc Golf Rcsort
will includc the construction of an eightccn-holc golf course with a eonfcrencc @nter, Dpa illd
approxinarcly 100 condominium units within thc complcx. Additionallf 8@ residcntial town homc
units arc planned for constnretion thmughout thc golf course arca WSHS will bc rcsponsiblc for
idcntifyiog and dctcrminingpotcotid impocts of the proposcd developmcot to rrcorded, uuoordcd, and
as-pt unidcntified culOml resourccs.
\YSHS is currcntly in 0rc proccss of rescarching available background information. Rcsarcb cmrists of
a file scarch at thc Depanment of Archacology and Hismric Prcservatlom (DAI{$ in Olynpia, revicw of
previorsly recordcd cultural rcsourcc rcports, and rcview of pertinent publishcd littraturc and
ethnogrrphics. Ficldwork will includc a visual rpconnaissance of the project area to vctify br,kgromd
iaformation. Subsurfa€ tcoting will not bc conduacd during this phasc of thc project lo thc cvcnt tfte
rccqrnaiesancc dacrurincs a high prrobability for intact budcd cultunl resourqeE, subcurfacst€sting wi[
bc rccommcndcd" Rcsutts of thc reconnaissaDcc will bc prcscnted in a prcparod techni;al rcport
to ntpport
would very much likc lo include it in our
of curail lcami[cma&cr@gmailcom) should you wieb to provide aoy comnrcntr. I
apprcciate your assistance and look forwd !o [caring from you.
Sinccrcly,
CamillcA. Mathcr
Archacologist
A"8
I
I
CON FIDENruAL - NOT F OR PI] BI,IC DISTRIBWION
lJsrlne
I[ttrr4 Portion ,S-minutc
Plcasant Harbon Marina and Golf ltcsort
RdercmceCltcd
Elmeodorf, lY. W. and A. L. Kroeber
1992 "I\cstructurc ofT\,totuCuhutc, WkhConparatve Netcs onthc Strcture,otYarokCtltwp,
WasHngton Statc UnivcrsiUPrcls, Fullman, WA.
ftc
AO
E
I
il
iitl
i,
! :ii.!
I i' r .
Attachment f3
30891 3 US Hwy t0l , Brlnnon,WA 98320
(360) 796-46r r (800) s47-3479
Fsr (866) 848,{61 2
PIen.seruT HARBoR
-- lllr\QlL:il ,:,il:i(,/)l l iir clrll - '. "--.
-)May ll,20t2
Josh WisniewskiPh.D
Port Gamble S'Klallam Tribe
31912 Llttle Boston Rd NE
Klngston, WA 98346
Dear Mr.Wisniewski,
I'm writing to update you on progress of the Pleasant Harbor Marina and Golf Resort
project near Brinnon, Washington (Jefferson County). We are currently submitting the
final repo(s for the SEIS to Jefferson County DCD.
In order to protect known and unknown archaeological and cultural resources , and to
comply with Jefferson County Ordinance 01-0128-08 condition 63 (k) as well as state
laws governing the protection of those resources (RCW 27.53, RCW 27.44). We are
submitting for your review our culfural resources managernent plan that includes
monitoring and inadvertent discovery processes and procedures
Please review and submit any cornments in writing by June 15 2012. Please contact me
by phone (206) 714-1482 or e-mail don@nleasantharbormarina.com if you have any
qucstions. I look forward to hearing from you.
Best Regards
Don Coleman
Pleasant Harbor Marina
l of I
ik
Appendix O
Proposed Plan for Archeologlcal Monltoring and lnadvettent
Dlscovery Protocol
DAHP Response to Gultural Resources Plan
Skokomish Trlbe Response to Gultural Resources Ptan
Proposed Plan for Archaeological Monitoring
and lnadvertent Discovery Protocol
AurRon:
Drrr;
II}CATION:
T'&S:
.-...-
Cultural Resource Consultants, lnc.
Pnorosro PL N roR.AnerAEoLocrcAL Moxrronnrc
exo lN,rovrnteNT Dlscovnny Pnorocol"
AncuAEoLoalcu Momrontnc er PlrrsrNr lhRron Meruxe
JsFrcnsox Counrv, WlsnncroN
Glenn D. Hartmann
January L2, 20 12, rcvi sed Fcbruary 7, 2012, March 27, 20 I 2
Joffcrsm County, Washington
Townehip 25 North, Rangc 2 Wcst, Section 15 and 22, Willamottc
Meridian.
PREPARED NCR:Don Colcman
Pleasant Ha6or Marina
308913 Hwy I0l
Brinnon, ril[A 98320
Plcasant Harbor Marina is requesting pcriodic archacological monitoring of conctruction
cxcavations aod othcrbelow.fill gromd:disturbing activities ia Brinnon, Jolfcrsoa County,
Waslringmn. Ths Pleasant Harbor Muster Planned Rcsort is proposed on approxirately 257
acrcs of tbe 710-acrc Black Poiat Pcninsula along thc wcstlrn side of the tlood Canal. Thc
peirinsula is surroundcd on tlre north, south, and eact by lhc wstefs of Hood Canal. Pleasant
Harbor is formcd by thc wcrt shorc of Blaok Point and the east shore of thc mrinland.
Beckground
Prior archaeological field investigations ofthc projcct arcs did not rcsult in thc idcntilication of
any prchistoric or historic archacotogical rcsourccs (Mathcr ct al, 2fi)6; Berger 2008).
Subsurfacc investigatione focused on archaeologically scnsitive landforms; that is, lhosc
cnvironmcnts most lik€ly to contein naturatly buricd archraology identificd in coltaboration with
cultural resourrcc$ staffof thc Skokomish Tribc (c.g., kettles, vantaS€ points, thc bluffcdgc).
Higb probability arcas in Black Point whsrc buried archacological dcposits migbt ocorn (i.e.,
kettle margiqs and bascs) werc samplcd using hand-orcavatcd shovel probcs. Locations of all
probcs, shovel scrapcs, and wall profiles were rnapped on a small-scale pmjcct area topographic
map (sce Mather ct al. 2006: Figurc I6). In all, 93 shovel probas/scrapcs wcre orcavated during
thc 2006 field investigaiions with 27 probcs along the southem bluff, 12 probes on bigh points,
22 probcs in kettle basins and 32 probcs along tbc kcttle margins and rims. In addition wall
profilcs werc faced in order to assess thc local stratigraphy.
Subsequent m thc initial cultural resource asscssmont for thc projcrt, Berger (2008) conducted
archacological monitoring during geotecbnical assessment. Archaeological monitoring of
gcotcchnical orplorations did not rcsult io the identification ofany cvidencc ofarchaeological
sitcs, historic atructurcs, or other feahucs. Conditions and scdiments observcd druing this
7IO ERICX8!'IAVE{I.I8 NE. SUTTE I@
PO Bor 10661, B^r{onDo6 Isr.A}rD, WA 9tl l0
n'DN8206t55-9010 hrf@rs.com
episode ofarchacological monitoring suggested a low probability for as-yet unidcntified
archaeological sites.
Archeoologlcrl Monltorln g
Archaeologtcel moniloring will include aa orientation for the oorutuction crew and machinc
opcraton prior to initiating coastruction. Projcot personncl woutd bs made awrlc of thc
poturtials of archaoology wi6in the projoct arcs. Thcy will bc apprised of their rcsponsibilitics
during arcbaeologicat monitoring, their obligations in thc case of an ioadvcrtent discovery and
they will be made aware of thc inadvcrtcnt discovery plan aud protocol.
Pcriodic archaoologioal monitoring ir planned during construclion excavations and otha bclow-
fill grounddisturting project actioos to minimizc potcntial cffects to any as-)rct unknown hrmun
rcoaias and/or intact archaeological deposits. Monitoring woutd oc€ur at thosc locations wittrin
thc projcct arca that havc previously bccn idcntificd as high probability-ket0es, rrantage points,
thc bluff cdgeif scdimcrts in these tandforms will be affccted by ground-dilturbing
co$truction. Preeontly available plans indicatc that construction would not occur along 0rc bluff
edge.
Projoct maps wors rcviewcd and high probability locations werc identificd using thc earlicr
analyccs of the projcct arca (Mathor a al. 2006; Bcrger 200E), which bad testcd aud monitored
geotcchnical cxplorations in thcsc locations (Figrc I), Thosc areas with grcater archacological
potantials wcre map,pcd on topographic naps of lhc project arca (Figures 2 and 3). Monitoring is
plaoncd for thc high probability arcas until it can bc dctcrmined with greatcr assunncc tbat
coatirnrat monitoring is not ncc,crsary. Monitoring results would bc rcvicwed with DAHP strff
and ribal re,prcseotativcs prior to adj'usting thc monitoring schcdulc.
Archaeological monitoring would cntail having an archaeologist prescnt during coastsuction
excavalion below-fill to obscrvc subsurfaco corditions and idcntify any buried archaeological
matcrials that may bc cncountered. Monitoring will bc performcd cither by a 'lrofassional
archacologist" (RC}\r 27.53.030 (8)) or undcr Orc rupervision ofa profcssional archaoologist.
Thc monitoring archacologist would stand in closc proximify to sonstruction equipment in order
to view subsurface dcposits as they are otposcd, and would bc in close communication with
eguipment operators to cnsurE adequate opportunity for observation and documontation.
Arohaeological nroaitoriog will scek to idcntiS potential buricd surfices, anthropogenic
scdimcnts, and archaeological featurcs such as shcll middens, hearlhs, or artifact-bcaring strati.
Thc monitoring arcbaeologist will inspcot projcct excavations and the recovcred sodiments for
indications of such archacological resourccs. The archaeologist will be provided the opportunily
to scre€n cxcavated sadimcnts and matrix samplcs when this is judgcd uscful to thc identification
prcscs8. It is not expcctcd lhat modcm fill (o.g., importcd orlturafly-sterile construction lill) or
glacial till sedimcnh would be included in scrcening procedures. Exeavated spoils may bc
cxamined in Oc coursc of monitoring, If culturat malcriats arc obscrvcd in spoils pilcs, it is
cxpcctcd that thEsc would be rcmoved for cxamination and that the opportunity to scrccn spoit
scdimcnts would bc available.
cRC Proposed Pren rorArchaeoi?,i".:'J:"*:tjiffi3,'[x'r'"T"j:18'*?9,'"fr:tfl^
PageZ
Archaeological monitoring of coastuction cxcavation will proceed until it con bc daermined
with a grcater lcvcl of confidencc that hrman rernains or othcr cultural rcsourccc arc not likcly to
bc impactcd by construction cxcavation of the project. Ths arphrcologist will corrduct
monitoring until nativo and fill deposits can be confidcntly isolatcd and idcntified based on
obeerved sedimentary cxposrrcs. Upoo complction of the monitoriug, thc arc.hacologist will
prcpas I rcport on thc methods and rcsults of the wodq and rccommcndations for any neoessary
additional arcbreological invcstigations, illustratcd with maps, drawings, and pbotographs as
spproPrialc.
Cootingeucy Plrn
In accondancc with RCW 27.44lndiat Graves and Rccords Aot, RCW27,53 Archreologicnl
Sites and Rcsoutces, RCW 68,50 Humsn Rcmains, and RCW 68.60, Abandoncd and histotic
ccmeterics and historic graves, the following protocols will bc followed in the cvent that
arthaeological mrtcrials and/or humaa remains are dissovcred:
Proccduru Uoon Dhcovcn of Potcrdrl orActuel Cultunl Rc$urccr
I , Upon discovery of a potcntial or actual archaeological sitg or oultural re$ourscs as defincd by
RC$l27.44lndian Gravco and Rccords Act, and RCW 27.53 Archacological Silcs aod
Resourccs, Plcasant Harbor Mariaa, iB employccs, its contractors and sub-contracto$ shall:
(a) Immcdiatcly ccasc or halt ground disturbin& constnrction, or othcr activitics around
thc arca of thc disoovery and recurc thc area with r pcrimctcr of not lces than thirty (30)
fcct until all proccdurcs arc complacd and the partics apce tbat activitics cen rosumc, If
such a pcrimcter would materidly impact 8g€ncy firnotions maodatcd by law, rclaled to
health, safcty or cuvironmental cooccmo, thsn tho sccured arca shall be of a size antl
cxtcnt practicable to providc maximurn protoction to the rccourcc undcr tbe
circumstanscs. Pnojcct activitier that ue not grouud disrurbing may continuc outsidc ttrc
secursd perimcter around tlre frndings. No onc ehall occavatc any findings and all
findingp will bo lcft iu placg undisturbed and without rndysis, until coneultrtion with
DAHP and thc Tribe rcgarrding a linal dieposition of thc findings has bceu completed. In
accordancs with RCW 27.53,060, no one shall knowingly rcnrovc or collcct any
archaeological objocb without obtrining a permit.
(b) Notify tbc [.ocal Govemment Archaeotogist at DAHP snd thc Tribes of tbc discovery
a8 soon as possiblc, but in rny evcot, no lrter than (24) hours ofthe discovery. Ifhuman
remains are found, Pleasant Hartor Marina shall follow notification proccdures specificd
bclow (scc "Human Remains and Associatod Funorary Objccts')-
(c) Anangc for the parties to conduct a joint vicwing of thc discovcry within (a8) forg-
cight hours ofthe notification, or at tho earllestposeiblc time therca{tcr, Plcasant tlarbor
Marina or their authorizcd reprcscntative shatl arrauge for the archaeologist to attend the
joint viewing. Aftar the joint viewin& taking into account any recommcndations of thc
Tribc(s), DAIIP, and the archacotogieq the parties ehall discuss thc potontial si8nificance,
if any, of thc discovery.
CRC Propoacd Pbn for Archreologbal Monltodng and lnedvertont Oboo\rcry Protocol
1111L, Pleaaant Harbor Marlna, J€ffcnon County, WA
Pag6 3
(d) Consult with the Tribes and DAHP on the transfer and final disposition of artifacts.
Until dre Tnlbe bas a rcpository tbat meels the standards of curation established 35 CFR
Part 79, artifaots shall be curatcd using an institution or organization thnt mcets curation
standards, sclected through consuhation with thc Tribc,
2. If ground-disturbing activities Gncounter human skolotal rcmains during thc course of
constnrctlon, thcn all activity must ceas€ that rosy cause furthcr disturbance to those runains and
thc arca of tho liod must be securcd ard protected ltom frrthcr disturbancc. In addition, the
findiog of huuran skclctal rsmains must be rcported to tbe Jeffcrson County Cotoner's Officc and
Ieffarson Couty Sbcriffs OfEce in the most ocpeditious mrnncr possiblc. Thc rcmains ahould
not bs touched, rnoved, or firther distub€d.
3. Thc Jefferson County Coroner's Oflioc will assumc juisdiction over thc human skcletal
rcmains and makc a determination of whcther those rcmains m forcnsic or non-forcnric. If the
county cononcr dctcrnrincs the remains are non-forensic, thcn thcy will rspon that finding to ttre
Departmcnt of Archacology and Historic Prcscrvation (DAHP) who will then takc jurisdiction
owr the rcmains aad rcport them tro thc appropriate ccmctcrics and affectcd tribes. The Statc
Ptysical Antkopologist will makc a dctermination of whaher thc renrairu arc Indian or Non-
Isdirn and rcport that {indiag to any eppropriatc ccmeteries and the alfected hibes. The DAHP
wilt tbcn handlc all consultation with thc affocted partics as to thc futurc prcscrvation,
cxcavation, ald disposition of tho romains,
4. DAHP will handlc atl consultation with Oe affectod partics aB to thc fuhre p,reservation,
cxcavation, and disposition of the remains if fterc is no fedcral agcncy involved.
Confldendelltv of Ioformrfl ou
5. Pleasant Harbor Marina or thcir authorized rcpreceutative recognizes that archaeological
propcrties arc of a scnsitivo naturc and sitcs whcJc cultural rcsourccs are discovcred can bocome
targets of vandalism and illegal removal activitics. Pleasant Hubor Marina or thcir authorizcd
rsprcsentative shall keep and maintain as conlidcntial all information regarding any discavered
sultural resouros, particularly tbe location ofknown or suspected arcbacological property, aod
cxempt all such iuformation from public disclosure consistcnt with RCW 42.17.300.
6, Plcasant Harbor Marina or their aulhorizrd rcprescntative shall makc its bcst cfforts to cnsurc
that all records indicating the location ofknown or suspeclcd archaeological propcrties arc
permanently secured and confi dential,
7. Pleasant Harbor Marina or thcir authorized rcprescntative shall ensurs that its penonnol,
con6actors, and perminees kecp the discovery of any found or suspected human rcroains, othcr
culnral itcmg and potential historic propcrties confideotial, includiag but not limitcd to,
refraining suoh pcmons from contacting thc media or any third party or otherwisc sharing
information rcgarding the discovcry with any member of Oe public. Pleasant Harbor Marina or
CRC Proporsd Phn for Archaeologtc.l Monllorlng end lnedverl€nt Dlscovery Prolocol
1 1 1 I L, Pleasant Harbor Msrlna, Jalforson County, WA
Pagc 4
thcir urtborizcd rrprcsottativc sball rcquirc its pcrsoonel, contractors and pcnnittccs to
irnmcdiately notiff lhe Lead Representative of Pleasaut [hrbor Marina or their authorizcd
rcprcscntativc of any inquiry from thc mcdia or public, Pleasaut Hrrbor Marina or their
authorizcd rcprcsentative shall iruncdiarcly aoti$ DAHP of any inquidcc it rcccivcs. Prior to
anypublic information rclcasc, Pleasurt Harbor Marina or their authorized rcprcscntativg
DAIIP, and &c fribcft) shall couarr on thc amount of iuformation, if any, to bc rcleased to the
publio, any third pFrty, and the mcdia and the proceduits for such a rclcaso, to the cxtcot
pcrmittcdbylaw.
Lcrd Rcnrcsentatlvc rnd Prlnrrv Conlrct
8. The Lcad reprcscntativss and primary contacts of each party urder this plan arc as ideotifiod
bclow. The partics may idcntiS othcr spccific personnel beforc the commcncsmstrt of auy
particular projcot clcmcnt as thc contacb.
Plersrnt lferbor Marlnr
308913 Hwy 101
Brinnon, WA 98320
Primary Contrct: Don Colcuran, Maintenanoe and Sccudty Supewisor,206.714-1482
Pleernt Errbor Merinr
?370 Siona Morona Blvd. S.W.
Calgary, Alberta
Primary Contsct: M. Gafih Mann, Prcsidcnt & C.E,O, 403-2564151
Jrncrtown S'Klallem Trlbe
1033 Old Blyn Highway
Scquim, WA 98382
Primary Contact: Gideou Kauffman
Lower Etwhe Klellrm Trlbe
2851 Lower Elwha Rd
Port Angeles, WA 98363
Primary Contact: Bill White, Cultural Resources
Port Gamble S'Klsllem Trlbc
31912 Uttle Boston Rd NE
Kingston, WA 98346
Primary Contact: Josh Wisniewski Ph.D.
Skokomlsh Trlbe
North E0 Tribal Ccntcr Rd
Skokomish, WA 98584
Primary Contact: Ikis Miller, Otltural Resourccs
Squuln Irland Tribe
M.dns, JatleFon County, WA
Prgr 5
Plessanl
SE I0 Squaxin Lanc
Shalton, WA 9E584
Primary Conhact: Rhonda Foster
Suquenlsh Trlbe
15838 SaudyHookRd
PO Box 498
Suquamish, WA 98392-0498
Primary Contect: Stephanie Trudcl
Wrrhlugtou Dcprrtment of Archreology rnd Hlstorlc Preservatlon
PO Box 48343
Olympic wA 98504-8343
Lcad Re,presentative: Allyson Brooks, State Historic Preservation Oflicer, 360-585-3066
Primary Contact: Orotchco Kachlcr, lpcal Govemmcnt Archacologist, 360-586-308E
Primary Contact for Human Rcmainsr Cluy Ta-ra, State Physical Antbropologist, 360'586-3534
Jelferroo County Coroler's Office
PO Box 1220
PofiTownsend, WA 98368
Lead Represcntrtivc: Scott W. Rosekraos, hosccutiug Anomey/Coroncr, 360-3E5-9I E0
Jefferson County SherlfPr olllce
79 Elkins Road
Port Hadloch WA 98339
Lcad Rcpresentative: Tony Hcmandea, ShcrilI, 3 50-3 85-383 I
Deprrtrnent of Conmunlty Devclopment
621 Sheridao Strect
Port Townsond, WA 98368
Lcad Rcprcsentative; David W Johnson, 360-379-4465
Culturel Recource Consultants, Inc.
710 Ericksen Avenuc NE, Suitc 100
PC) Box 10668
Bainbridge Island, WA 981l0
Irad Represcntativc: Glenn Hartnann, Scnior Archaeologistr?rincipal, 206-855-9020
Rcfcrgncsr Cited
Bcrger, Margarct
2008 Arclraeotogical Monitoring of Gcotechnical Explorations for the Pleasant Harbor
Golf Resort, Jeffcrson Counry, Washington. Tcchnical Memo 0804A-1, Cultual
Resourcc Conzultante, Bainbridge Islaod,
Ma0rcr, Camille, Jcnnifcr Chambcrs, Jamas Schumaoher, and Matthow Gill
CRC Propoecd Phn for Ardtacdoglcrl Monltodng and lnadvertsnt Obcavory Prctocol
1 1 1 1t- Ptcuant Hattor Marlna, Jcf{crton County, WA
Pagn I
2006 Culhml Rcsoutce Aescrsmcnt for thc Prgpoeod Plcarant Harbor lvlarina aud Golf
Rosort, Icf&rgo C-ounty, Washlnglon. WSHS T€ohnical Rcport #274, Prcpuod for
Statccman Corporatioa. On filo at Cutturat Rceourcc Cmeulhnts, Inc., Bainbridge hlaod.
gltc uropotad Plan 1or
WAI
tGaaD.r
i
frl,C
cdA
I
I tlttar D
L
rlrrhta arlt
*;::!"
I'
i
l,
ri
a '.-fr
'Ea,p*1. t.. '.3 a
Iran
| - .-. ., --..
r-Et
aa ihtara..
a
I
iti
iiliI|
!
I
-Udr-IFr-,;I:ttf ..-;5i!'. *Jrt !; r-
I
\o
'r.6.rLft-..--rF
Flguro l. Prpviour torting (Mathor ot al 2fl)6) idattifiod high ploblbility arcae.
CRC Preocod Plan for
II
tl
I!
ri
i
ti
tlarbls
a
t.t\i
:l
:t-
+
t
.i
I
i
i z8-/
II
--
a
;a
+I ,:f
Ot.ta4ABUS!-i
CTSIif; TRAC,T5
I
I
i
I
I
I
j
t
],
IEg
---t-
.--r. -
PIJASANT $AXAOR MARINA I& @L8 @T'RSE
stTf,n.s rr. zL ltryNsHtr 25il., tAH([ zV.WJL
ttt
E
flgura 2. Higb probability arcas idcati.fiod fc mooilodng (ortlincd iD rcd) bascd o,n prcvior aoalyucr of tDc projcct arce (Mat[c( ct EL 2006).
CRC Propocod Pbn brfut$aobgical lronib.lt€ -td lnadverbnt DbcoveryPotocol
I lf tL. Pleartt Hrto. t adm. Jellbcm Cdnty. WA
P.gE 9
a..,
o
g
Go-
TIESrc5
ir8
{E
lIiII
LEI
lEr
lxIl8J
IEE
lI-Irl!IE
l_o
to-lr
tale
lo.o
&.lo
Io(\lit
oa6
o(Ed
d
e
a,ooa
Ea
E6
sE
UJ'se6
I',o.6
oa
E
EI
BA
ao
E
o
Eo
Eto
6Itri
a,tbaIr
I
I
ri--:7--'t
v ti
I
!
\'r,,
f
2
np
fr
E-
5I{
a4
a
,1
',s
li.il t;l'
!
:
:!
fiil!
I .t,!'t..
j-- t
thx
tt
rr.i
ti
I
r
+ir )
ri
\
I
I
II
I
! j:;.1
I
I'
.1..
'}'
rl
I
I
t
Attachment f4
DAHP Response to Gultural Resources Plan
OF
&
PRESERVAIION
Allyson Erookr Ph.D,. DLector
Stote Hlstodc Pr€ssrvollon Ollher
t,r.,u ,.t i.1,.r-'.
January 14,2013
Mr. David Johnson
Associate Planner
Jefferson County
621 Sheridan Street
Port Townsend, WA 98368
ln future correspondence please refer to:Log: 081106-13-JE
Property: Statesman Group Master Planned Resort in Brlnnon's Black Point and Pleasant
Harbor Marina, Jefferson Co.
Re: Concur with Cultural Resource Management Plan for Archaeologlcal Monitoring and
lnadvertent Dlscovery
Dear Mr. Johnson:
Thank you for contacting the Washington State Department of Archaeology and Historic
Preservafion (DAHP). We concurwith the attached plan for the Statesman Group Master
Planned Resort. Three Tribes have concuned with the plan and three others did not comment.
We have no other comments or conooms as long as the attached monitoring and inadvertent
discovery plan is lmplemented during ground disturbing ac{vlties for the above proJec't.
Thank you for the opportunity to revieur and comment. Please feel free to contact me if you
have any questions.
Slncerely,
-floirl;* k K! ---* - -- \\!
Gretchen Kaehler
Assistant State Archaeologist
(360) s86-3088
o rEtchen, kaehler@daho.'ra. ogv
cc. Gideon Kauffman, Archaeologist, Jamestown S'Klallam
BitlWhlte, Archaeologist, Lower Elwha Klallam Tribe
Josh Wisnieureksi, THPO, Port Gamble S'Klallam Tribe
Kris Miller, THPO, Skokomish Trlbe
Rhonda Foster, THPO, Squaxin lsland Tribe
Dennis Lewarch, THPO, Suquamish Tribe
Don Coleman, Pleasant Harbor Marina
Stote of Woshinglon . Deporlmcnl ol Archoeology & Hldorlc ?rescruollon
P,O. Box 4E343 . Otympio, Woshington 98504€34:! . (3601 586-3065
www,dohp.wo.gov
Skokomish Tribe Response to Gultural
Resources Plan
Skokomish Indian Tribe
Tribal Center (360) 4264232
FAX (360) 877-s943 Skokomish Nation, WA 98584N. 80 Tribal Center Road
January 14,2013
Mr. David Johnson
Associate Planner
Jefferson County
621 Sheridan Street
Port Townsend, WA 98368
RE: Proposed Plan For Archaeological Monitoring And Inadvertent Discovery Protocol For
Pleasant Harbor Marina, Jefferson County, Washington.
Dear Mr. Johnson:
Thank you for contacting the Skokomish Tribal Historic Preservation Office. We concur with thc
attached plan for the Statesman Croup Master Planned Resort.
Skokomish Tribe is requesting a schedule of ground disturbing aotivities so that they (tribes THPO)
may havc the option to be on site during ground disturbance. We have discussed in the past the
importance of this site to the Skokomish people.
Wc have no other commcnts or concerns as long as the attached monitoring and inadvcrtcnt
discovery plan is implemented during ground disturbing activities for the above project.
Thank you for the opportunity to review and comment. Please feel free to contact me if you
have any questions.
Sincerely,
Kris Miller
Tribal Historic Preservation Oflicer
Skokomish Tribc
(360)4264232 x2015
Shlanay I @skokomish,org
il
Attachment f5
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOI'RCES DBPARTMENT
31912 Little Boston Rd. NE - Kingston, WA 96315
Letter 3
5
January5,2015
Pteasant Harbor DSEIS c/o lefferson County DCD
621 Sheridan Street
Port Townsend WA 98368
Email@us
R.ECPn\'rEID
JAil O5 Ail
Jfffftlsl} [tij]tY Dtr
Dear Mr. lohnson,
Thank you for the opportunity to comment on dte Dnft Supplemental Enytroomental lrnpact
Statement for the proposed Pleasant Harbor Master Planned Resorl The Poft Gamble S'Klallam
Trlbe's [PGS"I) Natural Resources Department provldes the follpwlng comments Due to the
potentlal for slgrrlficant adverce effects to shellfish, flsh, and wlldlife we conttnue to oppose this
profec't and reguest a meeting to dlscuss the issues in morc detall.
The proposed prorect ls located within the Usual and Acmstomed area of the Port Gamble
S'Klallam Tribe. Trfbal members depend on the flsh, shellfish and wlldtife resources wlthln the
pmject arca for thelr oltural and economlc well betng. We are concerned that habltat loss and
degradadon frorn tlre proposed profea would impact salmon, shellfish and other lmportant
specles ln the area The Dosewalllps and Duckabush rivers and thelr deltas serye as critlsal
habttat for threateDcd salmon and other fish. shellfish and wildllfe populations valued by the
Tribe. Therefore, we are concerned that the proposed project would jeopardlze the Trlbe's
treaty rights to flsh and hunt ln t}re Proiect area,
As we have stated prevlously in our 2001, 2006 and 2007 comrnents on thls projec! we are
concerned with the size and scope of &e proposed development The lnctease in trafilc and
lntenslty of land use will have signiflcant lmpacts on resources and the DSEIS hlls to adequately
addrcss these concerns.
I
3
Water Resources
The proJect slte includes a suscepdble aquifer r:charge amr'a and tre potendal lmpacts to local
groundwater, stream llows and wetland geology are very stgtlf,cant 0ngoing monltorlng of
water runoffand lts a$ects on sensltlve nasources is needed durlug the constnrcdon and
opcratlon phases, ln addirion to an adaptlve nanagemert ptan for maklng any necessary
operatlonal changes. The proposcd management plan should requhe weekly rather than
monthty monltorlng and should lnclude monltortng for sattwater lntruslon. Under the anrrent
plan, steps are ldelfifled ln the event that sdtwator lntruston is detccted ln nelghborlng wells,
but no preventatlve measures are provlded. A nore comprehensive monitoring plan ls needed
to protect weter resources.
Environ me n tally Sen sicive Areos
2
4
In a Decernber 21,2001 folnt SEPA comment letter from Potht No Polnt Treaty Councll,
Ianiestown STlallam, Port Gamble SlKlallam and Skokomlsh trtbes, we hlghllghted the presence
of nuneruus sensldve environrnental feaures that would be degraded by resort development
including untque kettle ponds and streams. In addltlon, the Washingon DepL of Natural
Resources landsllde hazard zone maps depict steepr unstable slopes fringlng the Black Polnt
xr
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RBSOURCES DEPARTMENT
31912 Uttte Boston Rd. NE - Kingston, WA 98345
kettle ponds, The proposed profect would result in the loss ofapproximately 20,700 square feet
of wetland area and a portion of the wetland buffers associated with Wetlands C and D. The
proposal to create wetland area as a mltigatlon measure does not guarantee tlre successfu!
replacement and maintenance of this important habltat. Annual monitoring of wetland creation
areas ls not sufflcient for detecting any adaptive management that may be required,
Fish and WildlW Hobltot
The forested uplands to the northwest of Black Polnt represent an lmportant elk migratlon
corridor between t}e Dosewallips and Duckabush river valleys, The proposed development
would result ln the loss of exlsting upland wildlife habltat and although the areas of on-site
habltat would be retalned, we are concerned about the impacts to the elk mlgration corridor.
The SDEIS did not address thts lssue.
5 cont.
5
7The plan includes the monitoring of water quaIp from tlre state water quality sampling station
at Pleasant Harbor to identify any lmpacts on flsh specles. However, addltlonal monltoring
stations both on and off site and more preventatlve measures are needed to adequately protect
water quallty and existing fish species. We are concerned that once degradatlon occurs from tle
pro,ect lmpacts to spawnlng and refugla habitat will be ineversible. The plan does not provlde
any assurance thatwater guallty lssues.would be adequately resolved.
Shellfish Species
Trlbal members harvest between 13,000 and 21,000 pounds of manlla clam and between 13,000
and 48,000 pounds ofPacific oyster from the Duckabush alone. So we are highly concerned
about the potentlal lmpacts to this important resource, The DSEIS states that with
implementatlon of ldentlfled mltigation measures, no significant unavoidable adverse lmpacts to
shellfish would be anticipated. However, the analysis does not consider the increased risk of
spills and accidents that would ocmr with the increase ln vessel traffic both on land and in the
water. Although the SDEIS describes plans for stormwater to be managed appropriately, the
increased risk of discharges from contaminants, turbid waters or sedlment as a result of
construction and operations must be considered.
Given the short timeframe for review of the DSEIS and appendlceg this letter represents only a
summary of our most critical concerns about the proposed projecl We request the opportunity
to consult more directly wlth the prolect applicant and Jeflerson Cqunty staff to discuss our
concerns in more detail. Please contact me at rom?c@pest nsn.us to schedule a meeting,
Thankyou.
8
9
Sincerely,/iKfu
Roma Call
Environmental Coordinator
Phoner (360)297-4792 Fax: (350) 297'4797 Z
Attachment #5
RESPONSE TO COMMENTS FROM PORT GAMBLE S'KLALI.AM TRIBE
NATURAL RESOURCES DEPARTMENT
(Letter # 3)
Gomment 1
Thank you for your comments, your comments are noted. As per this request, a meeting with
the Port Gamble S'Klallam Tribe and Jefferson County Department of Community Development
was held on February 18rh, 2015.
Gonrment2
The project is proposing several minimization measures to limit potential impacts to fish and
wildlife in the Point Black area. Although only a 150-foot buffer from the Ordinary High Water
(OF[W) is required according to the Jefferson County Code, the project is proposing a 200-foot
buffer within the golf course area and is replanting existing degraded rlparian areas within the
shoreline buffer and will limit access to the shoreline in the area of the golf course. ln addition,
the projec't is leaving wildlife corridors (areas of undisturbed vegetation) throughout the golf
courso area, These conidors will lead to more than 200 acres of relatively undisturbed
vegeta0on on and off site in addition to the eisting and created wetland features. For more
lnformatlon on fish and wildlife minimization measuresi see the Habitat Management Plan
Report (SEIS Appendix H). The site is also being designed so there will be no discharges of
runoff into Hood Canal; all water will be collected, treated and reused.
CommeE!3
Comment acknowledged. Traffic issues, including Traffic Volumes and Level of Service were
evaluated in Section 3.9 (Transportation) and Appendix L of the Draft SEIS. This analysis
resulted in the conclusion that no significant impacts would result from the Altematives, with the
implementation of appropriate mitigation measures. See this section of the Final SEIS for further
details.
Changes in intensi$ of land use wera evaluated in Secfion 3./2 (Rural Character and
Population) of the Drafi SEIS. As stated in Sectr'on 3.12,1he Pleasant Harbor resort under the
development altematives would incroase the density of development, and establish residential
units, vacation units, and commercial and resort related recreational amenities on the site.
Activity levels (i.e. noise, traffic, etc. associated with new activity) on the site would inctease as
a result of development under to the increase in density and associated on-site population
(residents and employees) and short{erm visilors. This analysis resulted in the conclusion that
no significant impads would result fum the Altematives, with the implementation of appropriate
mitigation measures. See this section of the Final SEIS for further detalls.
ln additlon, based on comments received on the Draft SEIS and other factors, an additional
development alternative (Alternative 3) has been added for analysis ln this Final SEIS.
Alternative 3 proposes a smaller 9-hole golf course with assoclated putting green practice area,
as compared to the full 18-hole golf course assumed under Altematives 1 and 2, With the
smaller golf course, less clearing of vegetation would occur on the site, and more natura! area
would be preserved. For example, approximately 103 aoes (45 percent of the site) would be in
natural area under Altemative 3, compared to approximately 31 acres (13 percent of the site)
under Alternative 1, and 80 acres (35 percent of the site) under Alternative 2.
Pleasant Harbor Flnal SEIS
December 2015 9
Comment Lellerc and
tuhlbtt ?fir-.;,c
Comment4
Please see Key Topic 4-2, Saltwater lntrusion, in Chapter 4 of this Final SEIS for a discussion
on aquifer recharge and potentialfor aquifer impact.
Water runoff during construction would be managed onsite in accordance with all applicable
Federal, Stiate and Counp regulations, as described in Draft SEIS Section 3,2 (pages 3.2-16
and 3.2-17), and ln the Gradlng and Dralnage Engineerlng Report (Peck & Associates, May 16,
2012) included in Appendir E of the Draft SEIS. Either the owner or the contractor would
employ a Certified ErosiorVSediment Control Lead (CESCL) who would be onsite during
construction to monitor compliance with applicable regulations and pennit conditions, and to
direct the implementation of conlingencies if needed during storm events. The majority of
stormwater runoff would be detained and infiltrated onsite.
Comment 5
As part of the permit requlrements of the projoct, twice as much wetland will be created as
would be impacted; approximately 41,400 sq. fl. of wetland would be created to mitigate for
lmpacts to approximately 20,693 sq. ft. of wetland. The created wetland would be monilored for
five or more yearE to ensure that wetland conditions have been established, lf the site is not
successful, conective measures would be taken to ensure that approximately 41,400 sq. fl. of
wetland is established. The project will not result'in the loss of buffers associated Wth Wetlands
C or D; buffer averaging would be utilized as allowed for in the Jefferson County Code. Wetland
C and D brfiers wouH be reduced in some areas and Wetland C and D buffers would be
increased in some areas so there is no net loss of wetland buffer habitat. See the Wetland and
Wetland Buffer Mitigation Plan Report for more information (SEIS Appendlx J). Annual
monitoring is typical of mitigation sites; however, if the site is not deemed successful after five
years of monitoring, the Washington State Department of Ecology would likely not release the
site from monitoring requirements until the site is successful.
Altematives 1 and 2 analyzed in the Draft SEIS were developed to address the Jefferson
County Board of County Commissioners (BoCC) Ordinance No. 01-0128-08 conditions,
including Conditions 63 (h) and 63 (i) that relate to evaluating potential impacts to the kettle
features on the site, as reported in Draft SEIS Secfion 3.2 (Water Resources, page 3.2-18).
Also see the Response to Letter 4, Comment 1, below. Alterations to wetlands on the site would
require permiB and approvals from Ecology and Jefferson County, which would include
conditions for wetland creation and adaptive management during the period of establishment.
ln regards to slope stability of the kettle pond on the site, the project geotechnlcal consultant
inspected the side slopes of the large central kettle feature on the site (Kettle B), and reported
"No clear evidence of landslides or smaller debris flows were observed along the margins of the
kettle margins or on the steeper slopes in the upland porTions of the project sife" (Subsurface
Group, LLC, December 17,2008; Section 7.1.4). With construction to convert this kettle to a
retention pond for stormwater and for Class A effluent from the wastewater treatment process,
the existing 1.5H:1V side slopes would be flattened to create finished retention pond slopes of
3H:1V to 4H:1V, depending on the liner system selected for the project (Subsurface Group,
LLC, December 17,2008; Section 11.5.1). The Final Geotechnical lnvestigation report is
included in Draft SEIS Appendix E.
Pleasant Herbor Final SEIS
December 2015
Comment Letterc and Responses'.ri ii.:,' "
I
Exhibit 110
Gomment 6
The project is proposing several minlmfzation meaiures to limit potential impacts to flsh and
wlldllfe in the Point Black area. The project is leavlng wlldlife conidors (areas of undislurbed
vegetation) throughout the golf coursB area. These conldors will lead to more than 200 acres of
relatively undlsturbed vegetation on and off slte ln addiffon to the existlng and created we0and
features. ln addition, a fence will go up along the proJect boundary to limit elk access b the site,
Also, according to the proJect engineer, cattle guards or similar device would be installed at the
entries to further limit the potential of elk coming onto the property. For more information on fish
and wildlife minimization measures, see the Habitat Management Plan Report (SEIS Appendix
H).
Comment 7
The Draft SEIS Section 3.2 (Water Resources, page 3.2-8) reports that the project applicant
has complied with BoCC Ordinance No. 01-0128-08 Condition 63 (0, having prepared a draft
Water Quality Monitoring Plan (included in Appendix F of the Draft SEIS) that requires monthly
water collection and testing at three sites for offsite pollution, discharge, and/or contaminant
loading in Pleasant Harbor. Pleasant Harbor Marina and Golf Resort proposes to participate in
a program to monltor the potential lmpact of developmsnts, both private and public, to the water
quality d Pleasant Harbor. Performance strandards would meet Washington Department of
Ecology r€quirements per WAC 17}.2A1"4. The projec't proposes to coordinate with the
Jgffcrson County Water Quality Deparbnsnt, the Washington State Department of,Health, the
Hood Canal Salmon Enhancement Group, and the University of Washingtoq..to verify
acceptable standards for Pleasant Harbor. The proposed monftorirp schedule provides for
quarterly prmnstruoton monitoring, monthly monitoring during ftrst and seoond year
construction, quarterly monftoring thereafter ln years 3 and 4, wih monftoring fiequency ln ysar
S to be determined. Results would be submitted in reporb to the Jefferson Coun$ Water Quatity
Department. The Plan comrnits to notifying the Department immediately of any unacceptable
results. ln the event that unacceptable test results are found, the Plan states that all property
owners sunounding Pleasant Harbor shall be considered partners and act to identify as closely
as possible the source and cause. Adaptve manag€ment princtples in the draft Water Quality
Monitoring Plan pmMde for modilying the plan to add or remove sampling sites, modiff the
monitoring schedule, update or improve sampling techniques based on nsw tachnobgy, and/or
revise parameters to rsflec't changes in environmental concems. The draft Water Quality
Monitoring Plan is inctuded in Draft SEIS in Appendix F. The methodology and quality
assurance guidelines would be established and submitted to the Jefferson County Water Quatity
Department for approval after the requirements and criteria for this program were approved.
Stormwater management systems associated with Highway 101 and Black Point Road would be
upgradeid during widening and improvements proposed at the eritrane to the Resort (see Draft
SEIS Flgure 2-9). Water quality treatment measures would be installed upstream of discharges
from these roadways and from the proposed Marina Vlllaga to the unnamed steam that flows
through this area of the site. Pervious pavement materials may also be used in the bus tum-
around area and Maritime Village parking lot to treat and infiltrate stormwater that falls on these
surfaces. These measures are intended to comply with applicable requirements and improve
water quality discharges to Pleasant Harbor over existing conditions,
Pleasanl Harbor Flnal. SEIS
December 2015 11
@mme4t.Lefterc aad
Gomment 8
A Stormwater Pollution Prevention Plan (SWPPP) would be developed and implemented as
requlred under the National Pollutlon Dlsctnrge Efimlnation System (NPDES) stormwater
regulations for consUuc'tlon sltes. Constuctlon tec-hnlques wlll utlllze Best tVhnagement
Practces (BMPs) to mlnlmlze potentlal lmpac{s to species. ln addition, the contracior will
prepare a consfirction Spitl Preventbn, Control and Countermeasuros (SPCC) Plan for the
project accordlng to Washlngton State Department of Tnansportatlon guidance. Any potentlal
spills rlould be handled and dlsposed of ln a maRner that does not contamlnate the sunoundlng
area. Adequate materials and procedures to respond to unantlcipated weather conditlons or
accidental releases of materials wlll be available on site. This will lnclude materlals necessary to
isolate pollutants from the envlronment and contain and absorb spllls. The SPCC Plan will also
ensure the proper management of oil, gasoline and solvents used in the operation and
maintenance of construction equipment, and that equipment remain free of extemal petroleum-
based products prior to entering the work area and during the work, as well as for making any
necessary repairs prior to returning the equipment to operation in the work area. The SPCC
Plan will be conslstent with 40 CFR 112.3 as well as the State of Washington Oil Spill
Contingency Plan (WAC 17i1821. Work would be in oompllance with other local, state and
federal regulatlons and resUidions, local crttcal areas ordinance and hnd uss regulations,
Shoreline Master Plan, State Environmental Poliry Act, and 401 Water Auafity Certlffcation.
The altematives evaluated in this SEIS would not directly increase vessel haffic in Pleasant
Harbor; however, all operations associated with the existing marina would ba required to adhere
to all applicable regulations related to water quality and vessel safety. As indicated in section
3.9 of this Final SEiS, no significant traffic safety issues are anticlpated under the SEIS
altematives. Trafflc volumes under the EIS altematives would result in Levels of Service within
acceptable limits, and would not be anticipated to result in an increase in vehicle accident rates.
Gomment I
WAC 197-11455(6) (SEPA Rules) indicates that the comment period for a Draft EIS shall be 30
days unhss extended by the lead agency. WAC 197-11455(7) lndicates that the lead agency
may grant an extension of up to 15 dayc. Consistent with SEPA rules, Jefferson County
prwided a 4$day comment period on the Draft SEIS (30-day requirement plus 15day
extension), the maximum lengrth of comment period allowed in the SEPA Rules. ln addition, as
noted in the above response to Comment 1 of this letter, the opportunity to consult more diredly
with Jefferson County was given, and a meeting was held on February 18th, 2015.
Ptdeidn:t Harbor Ftnel SE .S-." .
December 2015
rindiI z
Cb m.f.t e nt, Lette rs a n d Responsos
Exhibit 1
Attachment #7
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingstory WA 98345
December 16,2015
Jefferson County Planning Commission
621 Sheridan Street,
Port Townsend, WA 98368
Email : PlanComm@co jefferson.waus 'r, il1,
David Wayne Johnson
Pleasant Harbor FSEIS c/o Jefferson County DCD
621 Sheridan Street
Port Townsend WA 98368
Emai I : dwiohnson@co.iefferson.wa.us
Subject Plcasent Harbor Final Supptemental Environmental Impect Statement
Deccmber 2015, Case No's: MLA08-00188, ZON0&00056
Dear Planning Commission Members and Mr. Johnson,
$/ith rcgard to the December 9 Notice of Availability of the Final Supplemental
Environmental Impact Statement (FSEIS) andNotice of Planning Commission Public
Hearing and Notice of Intent to Amend thc Unified Development Code for thc Pleasant
Hartor Marina and Golf Resort LLC Master Planned Resort,I am submitting this lettcr 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 stalf to address the concerns raised at the meeting and
in our comments. However, PGST staffwerc not consulted after the February meeting and
werc 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 rcquest a 60-day extension of the process in order to allow time to complete tlrc
Tribe's consultation.
The Port Gamble S'Klallani 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
accustomcd grounds and stations (U&A). More ttran 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 rnoderate 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 tibal members depend on fish, shellfish and
wildlife. We are concemed 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 traffrc, intensity of land use, and environmental effects. The proposed project would
I}EC 1f 2015
t UnitedStates,r. llashington,45g F. Supp. t020, I039 (W.D. Wash. l97E) (hereinafier Botdr tt).
, ,t I '..'i , t', ,ir.' ;r
PORT GAMBLE S'IGALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
be located in an aquifd recharge area and the potential watcr quality and water quantity
impacts to local groundwater, stltams and wetlands are significant. We are concemed about
the potential for significant adverse effects to fish habitat and the Tribe's fisheries as a result
of these impacts. Additionally, numerous environmcntally sensitive features are located
within the project arca, including unique kettle ponds. We are concerned about the potcntial
advcrsc effects to these habitats from the proposcd stormwater management system.
An elk herd forages within the forested uplands to the norttrwest of the project between the
Dosewallips and Duckabush river valleys. We are concemed about the development of highly
attractive elk and deer forage from the proposed project lawns and fainvays and the risk that
the clk 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 clk herd- We arc also concerned about the possible increase in rccreational shellfrsh
harvesting from project rcsidents, which would have the potential to irnpact shellfish habitat
and the Tribe's harvest. Tribal members harvest between 13,000 and 21,000 pounds of manila
clam and betrueen 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 coven;
potential environmental effects to some extent, we are concemed that it does not go nearly far
enough to rcsolve the potentially significant impacts to tribal treaty rights. In order to
adequatcly address thc Tribe's concenu, we are requesting a 60day period to work with
Jefferson County staffas nccded to complae thc tribal consultation pnoce$. We would
appreciate your consideration and timcly respome.
Thank you.
W*
Chair, Port Gamble S'Klallam Tribe
2
Attachment #8
David W. Johnson
From:
Sent:
To:
Cc:
Roma Call <romac@pgst.nsn,us>
Friday, January 22,2016 5:45 PM
Davld W. Johnson
Cynthia Koan; David Goldsmith
Re: PGST Tribe's 60 day requestSubfect:
David,
We very much appreciate the Plannlng Commlsslon grantlng more time for the tribal consultation process.
PGST staff wlll be dlscussing the project with Tribal Councll on Feb. 8. lmmediately after that meeting I will ldt you know
how the Councll would like to proceed.
Thank you.
Roma Call
Roma call
Port camble S'K1allam Trlbe
Envlronmental Coordlnat,or
romac@pgg E, . nsn . ua
cel1 360-516-3979
offlce 360-297-6293
On Ll22lL610:54 AM, Davld W. Johnson wrote:
Roma,
The Plannlng Commlsslon and Staff have agreed to your 60 day request from the January 5, 2016
Planning Commission Public Hearlng to complete consultation started during our February 2015 meeting
at Pleasant Harbor. Please let me khow how you would llke to proceed.
Thanks!
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow Lead Planner
Department of Comrnunity Development
Jefferson County
360.379.4,465
Mlsslon: To preserve and enhonce the quallty of llfe in Jefferson County by promotlng a vibront
economy, sound communities ond a heolthy envlronment.
gf, save PAPER - Please do not print this e-mail unless absolutely necessary
I
LEEO
AP
ND