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From:
Sent:
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Cc:
Subject:
Attachments:
David W. Johnson <djohnson@cojefferson.wa.us>
Friday, April 15, 2016 L2:L3 PM
Garth Mann; peckassoc@comcast.net
David W. Joh nson (dwjoh nson @ co jefferson.wa.us)
FW: Port Gamble S'Klallam - Jefferson County government-to-government consultation
meeting Monday April 1-8
Jefferson BoCC Board Packet Agenda Request - Government to Government
Consultation Meeting - 04 18 16.pdf
Garth,
FYl. See you and Craig here at DCD at 12:30 on Monday
From: Philip Morley
Sent: Friday, April 15,201-611:51 AM
To: Jeromy Sullivan (jeromys@pgst.nsn.us) <jeromys@pgst.nsn.us>; Roma Call (romac@pgst.nsn.us)
<romac@ pgst.nsn.us>; La ura Price ( lives@ pgst, nsn) <lives@pgst.nsn>
Cc: David W. Johnson <djohnson@co.jefferson.wa.us>; David Goldsmith <DGoldsmith@co.jefferson.wa.us>; jeffbocc
<jeffbocc@co.jefferson.wa.us>; David Alvarez <DAlvarez@co.jefferson.wa.us>
Subject: Port Gamble S'Klallam - Jefferson County government-to-government consultation meeting Monday April 18
Dear Chair Sullivan, Ms. Call and Ms. Price,
The Jefferson County Commissioners and I look forward to Monday's government-to-government consultation meeting
with the Port Gamble S'Klallam Tribe. We're scheduled for L:30 pm in the County Commissioners'Chambers. Here for
your information is the material I have included in the Commissioners' agenda packet.
I look forward to our meeting together on Monday
Yours truly,
Philip
Philip Morley
Jefferson Cou nty Adm inistrator
p m o rlev@co. ieffe rso n.wa. us
(360) 38s-9100 x-383
This is a reminder that all emoil to or from this email oddress moy be subject to the Public Records Act contoined in RCW
42.56. Additionolly, ollemoilto and from the county is captured ond orchived by lnformotion Services.
1
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Countv Commissioners
FROM: Philip Morley, County Administrator
DATE: April 18,2016
RE:
STATEMENT OF ISSUE: This is a government to government consultation meeting between
the Port Gamble S'Klallam Tribe and Jefferson 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. In 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. 01-0128-08
amending the County Comprehensive Plan to designate a Master Planned 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
Agreement, 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 Planning
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
Government-to-Government Consultation Meeting with the Port Gamble
S'Klallam Tribe
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 culttual property evaluation
for possible listing on the National Register of Historic Places.
On March 15,2016, the Tribe's Environmental Program Manager Roma Call sent a letter to the
Planning Commission and DCD outlining additional concerns about potential impacts to tribal
fisheries (including shellfish too), elk herd viability, cultural resources and hibal 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-
govemment 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 concems 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 staffprepared 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:
1. March 23,20l6letter from Port Gamble S'Klallam Tribe Chairman Jeromy Sullivan on
the government-to-government meeting;
2. March 7I,2016letter from Tribal Historic Preservation Officer Laura Price;
3. March 15,2016letter 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.
"/e'/iPhilipDate
PORT GAMBTE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
March 23, 2016
Jefferson County Board of Commissioners:
Commissioner Phil Johnson,
Commissioner David Sullivan,
Commissioner Kathleen Kler
1820 Jefferson St.
Port Townsend, WA 98368
Dear Commissionerc,
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 mecting. The 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 request that the
Jefferson County Board of Commissioners meet with the Tribe prior to making any decisions on the
conditions for the dcvelopment regulation 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 concems in
order to make informed decisions regarding this project.
We also wclcome any othcr 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 meet at your oftices if
that is more convenient. Please contact our staff, Destiny Oliver, at (360) 297-622A to coordinate schedules.
We look forward to meeting with you.
sinc#ly, /'i I,l"b
Jer{ny Sullivan
Chalrman, Port Camblc S'Klallam Tribe
2
PORT GA}TBLE S'KUILIJIII TRIBE
31912 Little Boston Road NE r Kingston, WA 98346
Date: March ll,2016
f efferson County Planning Commission
621 Sheridan Street,
Port Townsend, WA 98368
Ema il : PlanCorn m @co.iefferson.wa.us
David flayne fohnsorr
Pleasant Harhor FSEIS c/o lefferson C(,unty DCD
621 Sheridan Street,
Port Townsend, WA 98368
Emai I : dwiohnso rr@co.j efferson.wa.us
Re: Pleasant Harbor Marina and Golf Resort LLC Master Planned Resort
Dear Planning Conrnri:'-sion Members and Mr. f ohnson,
Thank you for the opportunity for the Port Gamble S'Klallanr Tribal Historic Preservation
Office trl review and corrrnrent on the proposetl Plea-sant Harb<lr Marina and Gnlf Resort LLC
Master Plan ned Res<lrt.
The proposed Pleasant l'larbor Marina and Golf Resort LLC Master Planned Resort is located
within the Port Gamble S'Klallam Tribe's Adjudicated Usual alttl Accustotned Area and
Traditional and Historic Use Area. This proposed unclertaking is located 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 frrr encountering cultural resources according to tlre Washington
Department of Archeology arrd Historic Preservation (DAHP) WISAARD database'.
Based on prelinrinary review of location of the proposctl ulrclertaking tlre Tribe is concerned
that thc prolect proposal to use Kettle Pontls B and C fur sturing stornlwater and treated
wastewater coultl result in si;;nificant d:tntages to Traditional Cultural Properties (TCPs)
that meet nrultiple lederal qrite.ria that render them eligible for inclusion on the National
Register of Historic Places.
Criterion B Association with the Lives of Persons Significant in our Past: This area
specificatly the freshwater within the proposed proiect area, have direct association with
spiritual entities knowrt to the S'Klallam Tribe.
Criterion C. Representative of a Signilicant and Di.stinguishable Entity Whose Components
May Lack lndividrral Distinction: Areas within tl're proposed proiect areir have unitlue
ecolog,ical conclitions that result in supporting specific biola that supported historic
S'Klallam gathering that lras continued into tlre twentieth century within living tnentory of
Prlrt Ganrble S'Klallanr Trihal lnenrhers,
(360) 297-2546
Kingston
(800) &!l-9921
Toll Free
t360t 297-7097
Fax
Criterion D. History of Yielding or Potendal to Yield Information Important in Prehistory or
History: Based on the high denstty of NattveAmerlcan Place names thatinclude traditional
camp sltes and the proximity of the proposed project to two traditional S'Klallam historic
and contemporary fisherles and shellfish harvest areas attlre Duckabush and Dosewallips
River the area has a hlgh probability to yield valuable informaHon to S'Klallam, and broader
patterns of Native American hlstory and use of the Hood Canal watershed.
The Tribe believes that the uniqueness ofthe geologic features and oral histortcal accounts
relatlngspiritual endtles llnked to the land, the traditional planrs harvested generationally
by SKlallam people from the past and within living memory, as well as muldple campsltes
and Native Amertcan place names lrnow ln the area, all dlrectly conh:lbute to unlque
culural 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 evduaHon
of the kettle ponds and wetland area to deermlne thetr eligibility to the Nadonal reglster
and evaluate the impacts the proposed undertatdngs wlll have on the cultural integrify of
the area and thetr ellgibility to be llsted on the Nattonal Reglster of Hlstoric Places.
Sincerely,
!rru,-od,.We
Laura L, Price
Trlbal Historlc Preservation 0ffi cer
Cultural Resources Department
Port Gamble S'Klallam Tribe
350 297-6358
lives@pgstnsn.us
cc:
Roma Call
Envlronmental Program Manager, Port Gamble S'Klallam Tribe
fosh Wlsnlewski, Ph.D.
Anthropologist, Port Gamble S'Klallam Tribe
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
March 15, 2016
Jefferson County Planning Commission
621 Sheridan Street,
Port Townsend, WA 98368
Email: PlanComm@co jefferson.wa.us
David Wayne Johnson
Pleasant Harbor FSEIS c/o Jefferson County DCD
621 Sheridan Street
Port Townsend WA 98368
Email : dwjohnson@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 I -0128-08.
The Port Gamble S'Klallam Tribe is the successor in interest to lndian 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 approval under
the Comprehensive Plan amendment to allow a Master Plan Resort within an area zoned
Rural Residential. "Consultation with the Tribes regarding cultural resources, and possibly
one kettle preserved as a cultural resource," is included as a requirement in the list of
conditions for development approval. The BOCC ordinance also requires a document to be
executed or recorded with the County Auditor, refleoting the developer's written
' United States v. Washington, 459 F. Supp. 1020, 1039 (W.D. Wash. 1978) (hereinafter Boldt II).
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
understanding with and among the local tribes, as well as other entities, in order to maintain
site integrity and to assure traditional tribal access to 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 localtribes. The other specialconditions for development approval focus on
additional measures for environmental protection and other issues also of concern to the
Tribe.
With the release of the FSEIS for this project, it is questionable as to whether Jefferson
County's Community Development Department (DCD) made a good faith effort to consult
with the Port Gamble S'Klallam Tribe. In order to meet the BOCC special conditions in
Ordinance No. 0l-0128-08, we understood that Jefferson County would work directly with
PGST during the development of the FSEIS, including the supporting documents in the
appendices. However, the Tribe was not consulted during the development of the FSEIS and
our comments were not incorporated. The FSEIS Volume 2 Appendix O includes a Proposed
Plan for Archeological Monitoring and Inadvertent Discovery Protocol, DAHP Response to
the Cultural Resource Plan and the Skokomish Tribe's Response to the Cultural Resource
Plan. However, this section does not go nearly far enough to resolve PGST's concerns and to
mitigate project effects with regard to cultural resources and tribal treaty right impacts.
The 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. Thi Government-to-Government Implementation Guidelines3 were
developed in order to provide a consistent approach for state agencies and tribes to follow in
implementing the Accord, and are applicable to local governments. In the context of the
government-to-government consultation process, we expected the Jefferson County DCD to
work with us to address the concems 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 concemed 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 Governor's Office of Indian Affairs: http://www.goia.rva.gov/governm€nt-to-governmenVdata/agreement.htm
3 Governor's Office of Indian Affairs Implementation Guidelines: http://www.goia.wa.gov/govemment-to-
government/Data"/guidelines.htm
2
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, W A 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 runoffbasin 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 iue very concemed about the effects of persistent pollutants on water quality
in groundwater, wetlands and streams from the proposed use of pesticides, fungicides and
other chemicals in the project area, and potentially the Hood Canal, Duckabush and
Dosewallips River systems during overflow events. The project would remove 55Yo of
existing trees and native vegetation replacing it with impermeable surfaces and landscaping.
The project also has the potential to impact wildlife, including a migrating elk herd in the
project area.lt 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 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 eligibitity of the kettle ponds and
wetlands to the National register. Evaluate the impacts of the proposed project on the
cultural integrity of the area and its eligibility to be listed on the National Register of
Historic Places. Redesign stormwater and wastewater management plans to avoid the
destruction of wetlands and the alteration and use of Kettle Ponds B and C for
stormwater and treated wastewater storage.
Action 2: Schedule a site visit with PGST staff to view the kettle ponds and other
areas of cultural significance.
Action 3: Provide a biological inventory of plants, amphibians, birds and other species
that are currently present in Kettle Ponds B and C and those that were likely present
prior to timber harvesting and other disturbances.
Action 4: Consult with PGST Cultural Resource Dept. staff to schedule site
monitoring, particularly during ground disturbing activities.
Action 5: Develop a Stewardship Plan that provides for the restoration of traditional
plants in the project area and the opportunities for tribal access to cultural resources.
According to oral tradition and knowledge, the Brinnon areq including Pleasant Harbor, holds
cultural resources of great value to the Port Gamble S'Klallam people. Uncommon geological
J
PORT GAMBLE S'KLALLAM TRIBE
31912 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 Managemenl
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 projecl 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 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
resource for pacific oysters from public tidelands.
The increase in visitors, both temporary and permanent residents, is expected to increase the
harvest pressure on the Duckabush and Dosewallips tidelands. Natural recruitment of bivalves
4
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98345
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 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 ProtQctioqand Habitat Manasemgnt Plan
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 concemed about impacts to the elk herd that forages to the West of this project area in
the lower end ofthe Duckabush River Valley and the development of an "attractive nuisance"
in the form of highly alluring elk and deer forage opportunities. The construction of lawns and
fairways proposed as part of this MPR will create an "attractive nuisance" that will increase
the frequency at which elk cross highway l0l, Coupled with the projected increase of more
than 4,000 vehicle trips per day, the "attractive nuisance" poses a significant risk to human
health and the viability of the elk herd.
The FSEIS Habitat Management Plan was not developed in consultation with the Tribe and
does not fulfill the wildlife safety and damage control objectives of the 2008 BOCC ordinance
(Ordinance No. 0l-0128-08, 63.1). Although the Habitat Management Plan describes the
placement of an exclusion fence to discourage elk from utilizing the site, a more
comprehensive Wildlife Management Plan is required. An adequate Wildlife Management
Plan must describe how the elk will be discouraged or prevented from crossing the highway.
GPS and other elk monitoring records 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 98345
D. Water Quality Protection and Monitorins 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 l0: Revise project management plan to eliminate the use of persistent
pollutants and replace them with substances allowed for use under the agricultural
national organic program. Provide the draft revised management plan to PGST Natural
Resources staff for review and comment.
The urbanization of Black Point by the development of the proposed Master Planned Resort
(MPR) will increase the prevalence of toxic heavy metals, persistent organic pollutants and
other contaminants of emerging concern in this rural area. The increase in the prevalence of
these pollutants will likely have a negative effect on fish and shellfish resources inhabiting
Black Point and the surrounding areas, including the Dosewallips and Duckabush River
Estuaries.
Developing a stormwater and wastewater remediation system may reduce the effects of these
pollutants. To ensure the functionality of this type of system, extensive and regular, discharge,
ambient water and biota tissue monitoring will be required. Unfortunately, we are unaware of
any working examples of this type of system. Our concem with regard to the construction of
an urban development in this rural area is clearly illustrated by the pollution related loss of
-36,000 acres ofshellfish beds throughout Puget Sound.
The geochemical processes occurring at the seawater/groundwater interface form a critical
transition zone, which provides essential ecological functions driven by sediment-associated
biota. A reduction in the hydraulic conductivity between the wetlands located within the
proposed MPR and the nearshore environment surrounding Black Point will likely affect the
chemical constituents available to biota inhabiting this area. For instance, an increase in
salinity could negatively affect the productivity of Pacific oysters (C. gigas).
E. Unified Develonment Code and Development Agreement
Action 11: Include the above actions in the Jefferson County Code as an amendment
to the Unified Development Code.
Action 12: Include the above actions as a requirement in the development agreement.
6
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, W A 98346
Action 13: Include the final compilation of the plans and measures described in the
above actions as an appendix to the FSEIS.
Although FSEIS covers potential environmental effects to some extent, we dre concemed 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 GOTIUNITY DAELOPMENT
621 Sheridan S[eet I Port Townsond, WA 98368 | Web: nw.o.leftaon.we.udcommuiltydardoomont
Tel: 360.379.'1450 | Fu: 360.379,4451 I Ema[: dd0e&&mO.retu
fulUing rblflnib & /nspecfrns I Dewbpnnnt Coosidency Revlev I Lorq Range Hannhg I Squap One Re erltrw Cqter
NOIE TO FltE - March 29. 2O16
RE: Pleasant Harbor MPR Phase ll - Staff Response to Port Gamble S'Klallam Tribe (PGST) letter dated
March 15, 2016 (attachment S1)
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 ln the letter. This Note to File wlll be provided to the
Planning Commission prior to lts public meeting of April 6,2076.
As part of the Phase I approval for a Comprchensive Plan amendment to designated property for a
future MPR, the Board of County Commissioners imposed 30 conditions of approval (Ordinance No. 01-
S0128-08). Staff made clear, and the appllcant agreed that meeting the conditlons prlor to slgnlng the
development agreement, was the responslblllty of the appllcant. Also, the concerns of the PGST stated
ln thelr letter dated March 15, 2015 related to Cultural and Natural Resources, concerns that were
thoroughly analyzed in the SEIS as required by SEPA.
Consultatlon wlth 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 allsix local
tribes 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 fl3). The PGST did not respond to this request to review and/or
comment on the plan.
3. ln order to facilitate coordination and consultation with the Tribes, staff elicited the assistance
of the State Department of Archaeology and Hlstoric Preservation who sent Staff a letter dated
January t4,2Ot3 (attachment#4)confirming that "threetribes had concurred with the plan and
three others did not comment."
4. On Novembe r L9,2014, Staff released the draft SEIS for public and agency comment, The PGST
was sent the notice of avallability on Novembe r 18,2074,
5. Staff received a comment letter on the Draft SE|S from the PGST on January 5, 2015 (attachment
#5 - date stamp of 2014 in error). The letter requested "the opportunity to consult more
directly with the project applicant and Jefferson County." As such, staff contacted the Tribal
representative Roma Call and scheduled a meeting on-site,
6. On February 78,2Ot5, Staff and the Project Manager, Craig Peck met with representatives of the
PGST to discuss their concerns. As we recall, the topic of cultural resources and the Kettles was
not discussed, but water quallty, shellfish and elk were. At the conclusion of the meeting, Tribal
Representative Roma Call asked if the Tribe could submit a request to the County to include
additional monitoring for water quality. Staff agreed to review any request submitted by the
fribe, and indicated there would be time for them to submit their request.
7, DCD does not provide notice to interested parties that the Flnal SEIS is about 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,
sufflcient time for PGST to submit their request. The release of the flnal SEIS lncluded a four
page response to the PGST's comments on the Draft SEIS (attachment #6)
9. On December 16, 2015, staff received a letter (attachment #7) regarding a 60 day request to
"complete the Trlbe's consultation." The letter also confirms thal "although the document
(FSE|S) covens potentlal environmental effects to some extent, we are concerned that lt does
not go nearly far enough to resolve the potentially signlflcant impacts to !I!bd.tg3lL-figh!t,"
10. On January 22,20L6, The Planning Commission and staff agreed to grant the PGST 50 days to
"complete the trlbal consultatlon process," as requested (attachment f8).
11. On March 15, 2016, 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 reguirements of Ordinance No. 01-0128{8" (the 30 condltlons 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, 2016 with submission of
the subject letter (attachment f1). The task now ls to "contlnue to work with the develooer and PGST
staff to determine whlch orooosed actlons itsms 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 analysls and proposed mitigation, whlle presumed to
be compllant with State law, does not meet the envlronmental protection standards the Trlbe asserts
are necessary to protect tribal treaty riShts.
Ordlnance No. 01-0128{8
The following condltlons of approval under Ord No. relate to the PGST:
lf Tribes should be consulted regarding cultural resources, and possibly one kettle preserved as a
cultural resource.
Staff Comment: The word "should" lndlcates that dlscretlon is allowed, whlle the word "shall" is
mandatory (JCC 17.05.040 Port Ludlow MPR Code).
Aoolicant Comollancel The applicant collaborated with the Skokomish Tribe in preparation of the
Cultural Resource Management Plan (attachment #3)and letters requesting consultatlon were sent to
the PGST and other local Tribes prior to drafting the plan. Kettle C will be preserved as part of the
proposal,
kl As a condition of development approval,
anv orellminarv olat. there shall be executed or recorded with the County Auditor a document reflectlng
the developer's written understanding with and among the followlng; Jefferson County, local tribes, and
the Department of Archaeology and Historical Preservation, that lncludes a cultural resources
management plan to assure archaeological investigatlons and systematlc monitoring of the subject
propefi prlorto issuing permits; and during construction to maintain slte lntegrity, provide procedures
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retarding future ground-disturblng activity, assure traditional tribal access to cultural properties and
activities, and to provide for community educatlon opportunities.
Staff Comment: Slnce the Maritime Village was relocated outslde the Marlna, and no new development
will take place withln Shoreline jurisdiction, no shoreline permlts are llkely to be required or applied for.
Also, the applicant could process the development zones and residentia! 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 s3) is intended to comply
with this condltion, however, it does not appear to contaln provlslons for notlfication of Tribes to assure
traditional trlbal access to cultural properties and actlvlties, or to provide for communlty education
opportunitles.
Staff Recommendation: revise the Cultural Resource Management Plan in consultation with the PGST to
include provisions for notification of Trlbes of ground disturbing activities, to assure tradltionaltribal
access to cultural properties and actlvltiet to provlde for community education opportunlties, and to
ensure that contact lnformation ls 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 Wlldllfe and local trlbes, to prevent dlmlnlshment of
tribal wildlife resources cited in the Brinnon Sub- Area Plan (e.9., 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 landscaplng and attractlon to fresh water source$
to reduce the dangers 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 wlldllfe management plan and the Habltat
Management Plan are not the same thlng.
Aoollcant Comoliance: The appllcant has not complied with thls condition and will need to consult with
the localTribes and the Department of Fish & Wildlife when drafting the plan.
Staff Recommendatlon: Thls plan shall be required prior to land dlsturbing activlty for Phase 18
SEPA
ln addltion, proposed JCC 17.80.050 Envlronmental revlew 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 determination requlre
more envlronmental study such as a Supplemental ElS, the Trlbes will have the opportunity to be
involved in the scoplng of that environmental study.
Staff Recommendatlons:
Beyond the recommendations above, staff recommends the following to satisfy the concerns of the
PGSf 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 with one or more of the 30
condltlons listed in Ordinance #01{128'08 at Finding #63. Applicant's options include:
1. Redesitnlng the stormwater and wastewater management systems to completely avold the use
of Kettles B & C, or in the alternative;
3lPage
2. lmplement and complete Actions 2 thru 5 of the subject letter, to include educational
opportunltles related to the uniqueness of these geologic 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
mitlgations that address the concerns the PGST expressed ln the March 15, 2016 letter.
5. Reduce the number of residential units proposed to tl45 - half of the 890 approved units under
Phase 1 and Ordinance #01-0128-08,
7 . Take no action in response to the March 15, 2016 sent to DCD by the PGST.
Jeffercon County recognizes the PGST as a speclfic party of interest, and as such will be notlfled of all
project level development applicatlons that require notice, 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 it codiff requirements
before determining what those requirements are.
Associate Planner
b
4lPage
Attachment #1
March L5,2016
Jefferson County Planning Commission
621 Sheridan Street,
Port Townsend, WA 98368
Email: PlanComm@co jefferson.wa.us
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98345
...,-..,. tt, .i
t,1$ t 5 2$1$
David Wayne Johnson
Pleasant Harbor FSEIS c/o Jefferson County DCD
621 Sheridan Steet
Port Townsend WA 98368
Email: dwiohnson@co.igfferson.wa.us
SubJech Pleesent Harbor Final Supplemental Environmental Impact Statement
December 2015, Case No's: MLA0E-00188, ZON08{0056
Dear Planning Commission Mcrnbers and Mr. Johnson,
On behalf of the Port Gamble S'Klallam Tribe @GST), the following comments are provided
with regard to the Final Supplemental Enviroumental 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. These actions are intended to serve as
mitigation for the potentially significant effects of the proposed project on cultural resources
and the Tribe's teaty righa and are also consistent with the conditions required under
Ordinancc No. 0l-0128-08.
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, 12 Stat. 933.' 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 teaty 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 mernbers depend on fish, shcllfish and wildlife,
In 2008, the Jefferson County Board of County Commissioners (BOCC) adopted Ordinance
No. 0l-0128-08,listing 30 special conditions to be required for development approval under
the Comprehensivc Plan amendment to allow a Master Plan Resort within an area zoned
Rural Residential. "Consultation with the Tribes regarding cultural resounces, and possibly
one kettle preserved as a cultural resource," is included as a requirernent in the list of
conditions for dcvelopment approval. The BOCC ordinance also requires a document to be
executed or recorded with the County Auditor, reflecting the developer's written
I Urited States v. Washington,45g F. Supp. 1020, 1039 (W,D. Wash. 1978) (hercinafacr Boldt il).
1ri
t: I
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE-Kingstory WA 98316
understanding with and among the local kibes, as well as other entities, in order to maintain
site integrity and to assure taditional 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 Departnent of Fish and
Wildlife and local tibes. The other special sonditions for development approval focus on
additional measures for environmental protection and other issues also of concern to the
Tribe.
With the release of the FSEIS for this project, it is questionable as to whether Jefferson
County's Community Development Department (DCD) made a good faith effort to consult
with the Port Gamble S'Klallam Tribe, In order to meet the BOCC special conditions in
Ordinance No. 0l-0128-08, we understood that Jefferson County would work directly with
PGST during the development of the FSEIS, including the supporting documents in the
appendices. However, the Tribe was not conzulted 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 euough to resolve PGST's concerns and to
mitigate project effccG with regard to cultural resources and tribal teaty right impacts.
The Centennial Accord (1989) and the New Millennium Agreemeut (1999)2 established a
basic framework and provide the general foundation for relations between the Tribes and
Washington State. The Government-to-Govemment Implernentation Guidclines3 were
developed in order to provide a consistent approach for state agencies and tribes to follow in
impleme,nting the Aocord, and are applicable to local gov€rnments. In the context of the
government-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 consultcd after the February meeting and was not provided
with any schedule or notification of thc FSEIS prior to its release. We find the Jefferson
County DCD consultation process with ttre Port Gamble S'Klallam Tribe to have been both
inadequate and negli gent,
As stated in our previous comments in 2001, 20A6,2007 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 taffic, intensity of land use for
commercial and residential developmeut, sigpificant alteration of hydrology, clearing and
grading, increased impermeable surface, use of persistent pollutants, and other proposed
projcct 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 buffen 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 Offrce of Lndian Affairs: http://www.goia.wa.gov/government-to-govcmment/data/agreement.htm! Governor's Office of Indian Affairs Implementation Guidclines: http://www.goia.wa.gov/govcrnment-to-
govemment/Data/guidel ines.htm
2
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Doston Rd. NE - Kingston, WA 98345
would be cleared of vegetation, fillod and lined. Ttre proposal providcs inadequate
compensatory mitigation for these effects with the plan to manufacture a wetland in existing
Kettle Pond C that would also servc as a stormwater runoffbasin for the project. Impacts to
flora and fauna in the Kettle Ponds and wctlands would likely have significantly adverse
effects on bottr cultural and natural resources.
Additionally, we are very coDcerncd about thc effects of persistent pollutants ou water quality
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 removc 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 iu 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 ttre area for tribal membcrs and others, was not
incorporated into the study. The proposed compensatory mitigation in the FSEIS does not
effectively and suffrciently offset these effects,
Due to the polential for significant impacts to tribal fisheries and cultural resources we request
that Jefferson County work with the developer and PGST staff to implement the following
mitigation actions, and meet the requirements of Ordinance No. 0l-0128-08.
A. Cultural Resources Protection and Stewerdship
Action l: Preserve Kettle Ponds B and C and adjacent wetlands for a traditional
property evaluation and the protection ofcultural resources. Conduct a traditional
culh.rral 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 thc 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 prescnt 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
uronitoring, 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 resourc€s.
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
3
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE -Kingstory WA983,,d,6
features, such as kettle ponds, are often linked to spiritual and cultural knowledge that is
passed through the generations. The ruea was known as an important place for gathering and
processing taditional foods and materials needcd to support a productive livelihood. The area
was known for i* 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 taditional cultural properly and
challenging the DAHP determination, which did not involve any consultation with the Port
Gamble S'Klallam Tribe's TPHO oflicer. The proposed action would impact the integrity of
this site, which by oral accounts has cultural and spiritual significance and contibutes 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'Klallaur people, The site is representative of unique geology and unique plant communities
and has beeu actively used within living memory for taditional plant gathering and cultural
practices.
We have great concern with the continued diminution of cultural resources linking tlte 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 fibal members. The Tribe seeks to preserve and restore its
natr:ral landscapes in order to reserve the ability to teach its children and future generations
the taditional knowledge and culture that defines it. The County should work with tibal staff
to plan and implement the stewardstrip of thcse resources.
B. Shellfish Resources Protection and Manrgement
Action 6: Consult with PGST 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) Shellfrsh seeding and enhancement on Duckabush and Dosewallips River
beaches where hibal members harvest, and
c) Response plans in the event of any water quality incidents or other project-
related activities that would rcsult in a downgtade of shellfish harvesting
areas by the Washington State Department of Health.
The Black Poiut 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. Thc two
delts 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 oyst€r
production. The Duckabush and Dosewallips tidelands combined supply over 75%o of tribal
resource for pacific oystcrs from public tidelands.
The inorease in visitors, both temporary and pcrmanent residents, is expected to incrtase the
harvest pressure on the Duckabush and Dosewallips tidelands. Natural recruitrnent of bivalves
4
PORT GAMBLE S'KLALLAM TRIBE
31912 Uttle Boston Rd. NE - Kingston, WA 98345
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 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 Concerned status. Additional system overflows into the Duckabush or contaminated
stormwater nrnoff from the increase in impervious areas could result in poor water quatity in
the rivers leading to problems with shellfish on the tidelands. A closure of these tidelands by
DOH due to water quality iszues would have a cultural and economic impact on the Port
Gamble S'Klallam Tribe.
C. Wildlife Protection and Hebitat Msnagement Plan
Action 7: Consult with PGST/Point No Point Treaty Council wildlife biologist to
develop and implement a plan for the protection of wildlife and the rcstoration 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 concemed 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 nuisatrce"
in the form of highly alluring elk and decr forage opportunities. The construction of lawns aud
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 tips per day, the "atEactive 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
y/does not fulfill the wildlife safety and damagccortrol objectives of the 2003 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 sitc, a more
comprehensive V/ildlife Managemeut Plan is required. An adequate Wildlife Management
Plan must describe how the elk will be discouraged or prcvented from crossing the highway.
CPS 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 management
plan should also dcscribe the location, size, and other specifications ofthe fence or any other
detcrrents constructed to reduce risks to thc elk. Additionally, we need a legifimate 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 GAMBTE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98346
D. Water Ouellty Protection end Monitorinq Plrn
Action 8: Contact U.S. Army Corps representatives to reguest a new determination of
wetlands jurisdiction for thc purposes of USCOE pcrmit review. T\e2007
determination (FSEIS Vol, 2 Appendix J.A) expired in20l2 and the document is no
longer a valid detemrination that the weflands in question are not lVaters of the U.S.
Action 9: Consult with PGST Natural Resources Dept. staff to develop and implement
a plan for the protection of water quality in the project area and in waters adjacent to
the project area or amend the existing Draft Water Quality Monitoring Plan to include
these protections. This will incorporate the following:
a) Water quality monitoring in waters connected to tribal fisheries and
shellfish harvesting areas, including monitoring for pollutants, and
b) An evaluation of alternatives for constructing additional swales and
contrours near roadways to redirect stormwater n:noffaway from Hood
Canal, particularly in the areas of Phase I consfiuction.
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 Nanual
Resources staff for review and comment.
The urbanization of Black Point by the development of the proposed Master Planned Resort
(MPR) will incrpase 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
Estuarics.
Developing a stonnwater and wastewater remediation system may reduce the effects of thcse
pollutants. To ensure the fimctionality of this type of system, extensive and regular, discharge,
ambient water and biota tissue monitoring will bc required. Unfortunately, we are unaware of
any working examples of this tlpe of system. Our concein 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 ocological fuirctions driven by sediment-associated
biota. A reduction in the hydraulic conductivity between the wctlands located within the
proposed MPR and the nearshore environment surrounding Black Point will likely affect the
chernical comtituents available to biota inhabiting this area. For instance, an increase in
salinity could negatively affect the productivity of Pacific oysters (C. Sr3as).
E. Unllied Dgvelopment Code end Development Atreement
Action 1l: Include tlre 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 - Kingstory WA 98345
Action 13: Include the final compilation ofthe plans and measures described in the
above actions as an appendix to the FSEIS.
Although FSEIS covem porcntial environme,ntal effects to some ortent we are concerned that
it does not go trearly far enough to resolve tbe potentially significant impach to tibal treaty
rights and cultural resources. We look forward to working with you to address these concerns.
P1ease contact me with any questions at (360) 297-6293.
Thank you.
Sincerely,
Roma Call
Environmental Program Manager
Port Gamble S'Klallanr Tribe
7
PORT GAJT{BLE S'I{IJILI,AIII TRIBE
31912 Littte Boston Road NE . Kingston, \{A 983{6
Datc: March 11,2016
lefferson Crlulrty Plnn n i ng Conrrrr ission
521 Sherirlarr Streel,
Porl Towrrsend, WA 98368
Eruall: PlanCornnr@co.je0erson.wa.us
(360) 297-2646
Kingston
HAR 15 eo16
David Wayuc lohnson
Plea.sant l"{arhor FSEIS c/o le ffcrsorr Crtunty DCD
621 Sheridan Strcet,
Porl Towttsc,nd, WA 98368
Erna iI : dwjoh nson (Dco.ieffcrso n.wA.u s
Re: Pleasarrt Harbor Marina and Golf Resoft LLC Master Planned Resort
Dear Planning Corurlis.siorr Merrrhc'rs and Mr. lol'rrrson,
Tharrk you for the opportun ity for thr. Port Ganrble S'Klallarn Trlhal Hisloric Preservation
Office to rc,view and crrrrrnlenl on tlrc, prupose tl Plc,asant l{arbrrr Marina itrrd GolI Resrrrt Ll.C
Master Plartrred Resort.
The proposetl Pleasant. l{arbor Marina arrtl G<.rllResort LLC Masler Planttctl Res(,rt is locntetl
within the Port Garnhle S'Klallanr Trilre's Adjudicated Usual itntl Accustonterl Area attd
Traditiorral dnd tlistoric Use Area. Tlris proposed ttnderl.aking is locatetl in an itrea rrIhigh
cultural arrd lristoric significance for thr., Port Ganrble S'Klallarn'l'rihe. lt ls also located in art
area olhigh prohability for errcounterlng cultural r(lsources according to the Washingtott
Dr.partnrent of Archerrlogy and l'listoric Preserwation (DAt-lP) WISAAIID datahase.
Basetl on prelirrrirrary revic.w crI locatirrrr uf thc ;rroposetl unrlertal<ing the Trihe i!r- c(,ncernc(l
that the project lrropo.sal to use Kettlc, Pollrls B and C for storiilg -stornlwater arld treiltcd
wastewater coutrl rcsult in sigrrilicant danrlges to Traditional Cultural Prrrperties (I'CPs)
that nrect nrultiple lederal criteria tlrat renderthenr ellglblc, for inclusiun orr the National
Rr",gister rrf Historic Places.
Critc,rion B Association with the Livt's of Personl!^ SiBnificant in our Pa.st: This area
specifically tlre [r'eshwatcr wltlrin the proposed project area, have dlrect associatlott with
spiritual entities known to tlre S'Klallanr Trihc.
Critc,riorr C. Rr.presentative oIa Signilicanl and Distinguislrable Entlty Whose Contpotrr.ttts
May [.ack lnrlividual Di.slinctiont n r'cas withirr llre proposetl prrrjcct area ltavc utticltte
ecological corrclitions lhal result in srrp;rortlng s^glecific l)iota that su;rportr:d historic
S'Klallarn gatlrcring that has continuetl irrto the twentletlr century within livitrg ntenrrrry oI
Prlrt Ganrble S'Klallam Tril:al menrllers.
t800) 831-9921
Toll Free
(3501 297-7097
Fax
t
\
Crlterion D. History of Yieldlng or Potenttd to Yield lnformatlon Imporbnt in Prthistory or
Hlstory: Based on the trigh denstty of Natlve American Place namcs that lnclude tradidonal
camp sltes and the proxlmlty of the proposed projectto two tradltlonal S'KJallam historic
and contemporary fisheries and shellffsh harvest aneas et the Duckabush and Dosewallips
Rivcr the area has a hlgh probablllty to yleld valuable lnformatlon to S'Klallam, and broader
patterus of Native American hlstory and use of the Hood Canal watershed.
The Tribe believes that the uniqueness of the geologc features and oral historlcal acoounts
reladng spiritual entltles llnked to the land, the traditlonal plauts harvested generatlonally
by SKlallam people from the past and wlthiu living memory. as well as multlple camPsltes
end NaUve Amerlcan place names lrnow ln the area, all dlrectly contrlbute to uulque
culurral stgnlf,cance of the area that would be lmpacted by slgnlftcant modlflcatton of the
physlcal envlronmenl
The Port Gamble S'Klallam Trtbe requests !o have a traditlonal cultural prcperty evaluadon
ofthe kettl€ ponds and wedand area to determlne their ellgibility to the Nadonalregister
and ryaluate the tmpacts the proposed undertaklngs wlll have on t{re cultural integrity of
the area and thelr ellglbtllty to be llsted on the National Regtster of Historic Places.
Sincerely,
Iaurr"d,Qfu
Laura L. Prlce
Trlbal lllstorlc Preservatlon Otfi cer
Culturel Resources Department
Pon Gamble S'Klallam Tribe
360 297-6358
hves@pprnsn.us
oc:
Rorna Call
Envlronmental Prognm Manager, Port Gamble S'Klal lam T ribe
fosh Wsntewskl, Ph.D.
Anthropotogist, Port Gamble S'Klallam Trtbe
Attachment #2
CONFIDBNTIAL. NOT FOR PABUC DISTRIBWION
Junc 23,2006
Marie Hebert
Port Gamble S'Klallam Tiibe
31912 Li0lc Boston Road NE
Kingston, V/A 98346
Rq Cultural Resource Rcconnalssance for ttre Pteasent Herbor Marlne and Golf Recort' Jcfterson
County.
Dcar lv{s. Hebert,
Wcstcrn Strorc ltrcriugc Seniccs, Inc. (\\ISHS) has bcco reaincd by Statcsman Corpcation !o cottduc{ a
culuual rcsourca rccumaissarcc for the proposed 253 acrc Pleasant Haftor Madna and Golf Reso(
Iocarcd oa the Hood Canal ncar the town of Brinnon, \trashington (Figurc l). Thc prcject entails two
componcots: the tvlaritimc Villagc urd thc Oolf Rcsort Thc Maritime Villagc will ocompascltc 290
existing cUps wi0rin Plcasant Harbor with the additional construction of apploximarcly 150 rcddential
unio and rcconetruction of drc surrert rctail into a 10,000 squarc foot Mritirnc Contcr. Thc Golf Rcsort
will inoludc the construction of an cighieor-h6lc golf course with a coafcrcnce centcr, spa and
approxinarcly 100 condominium units within thc complex. Additiondll 800 reridcntial town homc
units are planned for cqstruction throughout the golf coursc area" WSHS will be responsiblc fq
idcntifying and dacmrlning potcotid impocts of the propoecd devclopmcot to recotded, uueordcd, and
ar-pt uddcotifiod culmral resourccs.
TISHS is currsntly in frc procass of researching available background information. Rcscar,h conslstl of
a file search at thc Dcpartment of Archacology and Hisrric Ptrcserration @AIIP) in Olynpia, rcvicw of
prcviorsly rccodcd cultural rcsourgc rcpofi, and review of pertincnt publishcd liErBtur€ aod
ethnographics. Ficldwork will includc a visual rcconoaissance of the prdect area to veri$ bacl<gromd
information. Subsurface tcsting will not bc conducted during this phasc of thc projecl In tlrc evcnt thc
recqrnaissarrcc dacrmines a high pr,obability for intact buried cultural resoursgli subsurface testing will
be rccommcndcd. Rcsulte of the reoonnaigsance will bc prcscntcd in a prrpared tcctrnhal report
oi ernail (camillcmatlrer@gmail.com) should you wieb to provide
apprcciatc your arsirtance and look fprud to heuing frorn you.
Sinccrely,
Camillc A. Matlrcr
Archacologist
A-8
I
t
I
would very much likc to include it in
aoy'commcnt.I
T
I
CON FIDENTAL - NOT F OR ?11 BUC DISTRIBI/?ION
quadrBnglc
Plcasant Harbor Marina and Golf REsorL
RdertnceClted
Elmeodorf, \il. W. and A- L Krocbcr
1992 Thastrrrcttr:c of Tyqru Cultwc, Wtth Compratve Notcs ontlp Stwtr*e..ofYurok Cultqe,
Wrshington Surtc Univcrsity Prcss, Pullman, VirA.
ldarlna
[0
I
I
I
I
l
T
I
t
I
I
Attachment fi3
3089t3 US Hwy tOt, Drlnnon,WA 98320
(360) Z9H6r r (800) s47-3179
Fox (866) 8{846t2
PueRseruT HARBoR
-- lrlAPlLil ,:,ill,(,1)l ! ilr(, lll ' - ---
.)May 11,2012
Josh WisniewsklPh.D
Port Gamble S'Klallam Tribe
31912 Little Boston Rd NE
Klngston, WA 98345
Dear Mr.Wisniewski,
I'm uniting to update you on progress of the Plcasant Harbor Madna and Golf Resort
project near Brinnon, Washington (Jefferson Courty). We are cunently submitting the
final rcports for the SEIS to Jefferson County DCD.
In order to protect known and unknown archaeological and cultural resources , and to
comply with Jeffcrson Courty Ordinance 01-0128-08 condition 63 (k) as well as state
laws governing the protection of thosc resources (RCW 27.53, RCW 27.44). We are
submining for your review our cultural resources management 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@oleasantharbolmarina.com if you have any
qucstions. I look forward to hearing from you.
Best Regards
Don Coleman
Pleasant Harbor Marina
l of I
]k
Appendix O
Proposed Plan for Archeologlcat Monltoring and lnadvertent
Dlscovery Protocol
DAHP Response to Gultural Resources Plan
Skokomish Trlbe Response to Gultural Resources Plan
Proposed Plan for Archaeological Monitoring
and lnadveftent Discovery Protocol
AurRon:
Drrr:
Locerron:
T'&S:
Cultural Resource Consultants, lnc.
Pnorosro Plrul FoR ARc[AEor-ocrcAL MoNrroRrNG
exo Inrpvsnr8NT DrscovEny PRorocor4
ARCUAEoLoGICAL MOMToNTNC er PrrrsAM HAREoR IVI^RI,{A
Jcnrnsox Couxrv, WtsnllrcroN
Glenn D. Hartmann
January L2, 20 12, rcvised Fcbruary 7, 2012, Mwch 27, 20 I 2
JofTersm Couuty, Washiugton
Townehip 25 North, Rangc 2 West, Section 15 and 22, Willamotte
Meridian.
PntplRro ron:Don Colcuran
Pleasant Harbor Marino
308913 Hwy I01
Brinnon, WA 98320
Pleasant Harbor Marina ir requcsting pcriodic archacologicd moniloring of construction
cxcavations aod othcr betow.fill gromd:disturbing activities ia Brinnoo, Joffcrson County,
Wasbington. Ths Pleasant Harbor Master Plumed Rcsort is proposcd on approximatety 257
scrcs of fte 710-acre Black Polnt Pcninsula along tbc wcsttm sidc of the Hood Canat. Thc
peninsula is surrouDdcd on ihc north, south, and eaet by tbc wrters ofHood Canal. Pleasant
Harbor is formcd by thc west sho,rc of Blaok Point aud thc east shore of thc rnainland.
Beckground
Prior archaeological field investigations ofthc projcct arca did not result in thc idcntifrcstion of
any prehistoric or historic archacotoglcal rcsourcss (Mathor ct al, 2fi)6; Bergcr 2008).
Subsurfacc invectigations focused on archacologically scnsitive landforrrs; that is, lbosc
cnvironnronts rnost likely to contain naturally buricd archaeology idattified in collaboratioo with
cultunl resourccs stsffof thc Skokomish Tribc (c,g., kettles, vantagc points, thc bluff cdgc).
Higb probability ucas in Black Point whcrc buried archacological dopocits migbt ocorn (i.e.,
ketdc margins and bascs) wcrc sarnplcd using hand-otcavated shovel probcs. Locations ofall
probcs, ebovel scrapcs, and wall profiles were mrppod on a small-scalc projcct arca topographic
map (sce Mather ct al. 2006: Figurc 16). Il all, 93 shovcl probcs/scrapcs wcrc excava@d during
thc 2006lield invcstigations with 27 probcs along the soulhem blull 12 probcs on high points,
22 probos in kettle basins and 32 probes along thc kettle margios and rims. In addition wall
profilcs wcrc faccd in order to assess thc local rtratigraphy.
Subsequent o tbc initial cultunl resource assessment for thc projcct, Berger (2008) conduotcd
archacological monitoring during gcotechnical acsossment. Archaeological monitorlng of
gpotcchnical orplorations did not rtsult io the identification ofaay cvideucc ofarohaeological
sitcs, historic atruchucs, or other fcatruss. Conditions and scdirnents observcd druing this
? l0 EocxsEr Av6,lJB Ng 9ur8 100
PO 8or 10661, BlloRDo5 lsrJiD, WA 9tl t0
n&NE2O6155-9010 - llrf@rn.cm
episode ofarcbaeological monitoring suggcsted a low probability for as-yet unidcntificd
archaeological sites-
Archrcologlcel Monltorln g
Archaeolpgical monitoring will includc an orientation for ths constructiou crew and machinc
operators prior to initiating constuction, Projcct pcrsorncl woutd be made aware of the
potcntials of arcbaolory witbin the projcct Irea. Thcy will bc apprised of their rcsponsibilitics
during arcbaeological monitoring, their obligations in thc case ofan inadvcrtent discovery and
they will bc made awaro of thc inadvcrtent discovery plan aud protocol.
Pcriodic arcbaeological monitoring ie planned during construction excavations and other bclow-
fill grorurddisturbing project actioos lo minimizc potential effects to any as-yct unknown buman
renains and/or intact archaeological deposits. Monitoring would occur at thosc locations within
the project area that havo previously been idcntilied as high probability-kcttles, vautagc points,
tho bluffcdg+if sedimcnts in these tandforms will be affccted by ground-distrubing
construclion. Presently available plans indicatc 0rat coustruction would not occur aloog thc bluff
edgc,
Project maps worc rcviewed and high probability locations werc idcntified using ths earlier
analyses of the project area (Mather et al. 2006; Berger 2008), which bad testcd aud monitored
gcotechnical cxplorations in thcsc locations (Figurc I ), Thosc areas with grcater archacological
potentials wcre mapped oo topographic rnaps of tbc project area (Figures 2 and 3). Monitoring is
planncd for the high probability arcas uatil it can bc detcrmined with grcatcr assursnce that
cootimnl monitoring is not neccssary. Monitoring resulte would be roviewed with DAHP staff
and ribal r€,prcsentativss prior to adj'usting the monitoring scbcdule.
Archaoological monitoring would cntail hrving an archaeologist prescnt during coostsuction
cxcavarion below-fill to obscrvc subsurfacc conditions and idcntify any buried archaeological
materiels that may bc encouutettd. Monitoring will bc pcrformed cither by a 'lrofessional
archacologisf' (RCW 27 .53.030 (8)) or undcr thc eupervision of a profcssional archaoologist.
The monitoring atchacologist would stand in closc proximity to construction equipment in ordcr
to view subsurfacc dcposits as they are anposcd, and would bc in close communication with
eguipmant opcrators to cDsurc adeguatc opportuoity for observation gnd documcntation.
Archaeological monitoring will scek to idcntif potential buricd surfices, anthropogenic
scdimcnts, and archaeological fcaturcs such as shcll middens, hearlhs, or artifact-bearing slrata.
Thc monitoring archaeologist will inspcct project excavations and the recovcnod sodiments for
indications ofsuch archacological nesources. The archgeologist will be provided the opportunity
to screen excavated eedimcnts and matrix samples whcn this is judgcd uscful to thc identificatioa
proocss. lt is not cxpcctcd that modcm fill (c.g., imported ctrlnrlally-storile construction fill) or
glacial till sedimentr would be included in screcning proccdues. Excavated spoils may bc
cxamincd in Oc coursc of monitoring, If cultural matcrials arc observcd in spoils pilcs, it is
cxpcctcd tbat these would be rcrnoved for cxamination and that tbc opportunityto scrcen spoil
scdimcnts would bc avrilable.
and lnadvotlont EXscowry
Marlna, Jslferron County, WA
Page2
11 1L. Pleaaant
Arctracological monitoring of constuction cxcavation will procecd until it con bc determined
with a greater lcvel of confidence that human remains or othcr cultural rceourcce ars not likcly to
bc impactcd by construction cxcavation oftbe project. Ths arphacologist will conduct
monitoring until nativc and fill dcposiE can bc confidcutly isolatcd aud idcntified bascd on
observed sedimcntary cxposuras. Upoo complction of thc monitoring, thc arc,hacologirt will
prcpars a rcport on thc methods and rcnrlts of thc worlg and rscomm€ndations for any necessary
additional arcbaeological invcstigations, illuslratcd with rnapc, dnwings, aud photogrrphs as
appropriatc.
Coatingency Plen
In accordancc with RCW 2l.44lndielr- Graves and Records Aoq RCW 27.53 Archaeological
Sitec and Rcsourccs, RCW 68,50 Human Rcmains, and RCW 58.60, Abandorrcd and historic
cemeteries and historic grsvss, &e following protocols will bc followed in the cvent that
archaeological matcrials and/or hurrau rcmains are dissovered:
Proccduns Unon Dhcovcn of Potclthl or Actuel Cultunl Rcrourccr
I , Upon discovery of a potcntial or actual archaeological site, or cultural resources as defincd by
RCW 27.44 Indian Grevec aud Rccords Act, and RCW 27.53 Archacological Sitcs and
Resoutrcs, Plcaeant Harbor Marina, ib employcw, its coutrae,tors and sub-contractors shsll:
(a) Immcdiatcly ccasc or hdt ground disturbing conotnrctioo, or othcr activitics around
thc arca of thc disoovery and sccurc thc arta with a pcrimacr of not less than thirty (30)
fcct until all pmccdurcs aro complctcd urd the partics agee thrt activitics can rcsumc. If
such a pcrimetcr would matcridly inpact lgeilcy firnotioas mandatcd by law, rclaled to
he.slth, safcty or euvironmentrl coocerng then tha sccured area sball be of a sizc anrl
cxtcnt practicable to provide maximum protoction to the rcsourcc rurdcr tbc
circumstanccs. Project activiticc that are nol grouod dieturbing may continuc outsidc the
secursd perimeter around the findingp. No onc shall o(cavate any findings and all
findings will bo lcft in placq udisturbed and without rnrlysis, until consultation with
DAHP and the Tribc rcgarding a fioal dieposition of thc findings has bepo comploted. In
sccordance with RCW 27.53,060, no ono shall knowingly rcmovc or collect any
archaeological objccts without oblrining a permit.
(b) Notify thc Local Government Archreologist at DAHP and the Tribes of tbc discovcry
a6 soon rs possiblc, but in any evcot, no lcter thm (24) hotus of thc discovery. If human
rernaios are found, Pleasant Harbor Marina shall follow notification proccdures spccificd
bclow (scc "Human Remains and Associated Funcrary Objccm').
(c) Anange for the parties to conduct a joint viewing of thc discovcry within (aQ forty-
cight hours of the notification, or at tho esrllestpossiblc time thsrca0crr Pleasant Harbor
Marina or their authorizcd rcprcscntativs shatl arrangc for tho archaeologist to attcnd thc
joint viewitrg. Aftcr the joint vicwin& taking into account any rpcommcndations of thc
Tribc(s), DAIIP, and the a$traeologiet, tho partics shatl discuss thc potontial significancc,
if ann of the discovery.
for Archaoologlcal
1111t,
Olsoovery Prctocol
Marlnr, Jcffcnon Couhty, WAploo o
CRC Proposcd Plan
Pleasant
and
(d) Consult with the Tribcs and DAHP on the kansfcr and final disposition of artifacts.
Until 6e Tribc bas a rcpository tbat mects thE standards of curation cstabtishcd 36 CFR
Pad 79, artifacts shalt be curatcd using an institution or organization that mcets curation
standards, sclected ttuough consultation with thc Tribc,
2. If ground-disturbing activitics cnoountcr human skelotal rcmains during thc course of
conslruction, thcn all activity must ceas€ that rnay cause furthcr disturtancc to those rernaing and
thc area of tha find must be secwcd aod protected from furthcr distubancc. In addition, the
frndiog of humen skelctal rsmains must be rcported to the Jeffenon Couoty Cotoner's Officc and
Jsfforson Co.rnty Shcriff s OfEcc in the most expeditious manncr possiblc. The rcmains should
not bs louched, movcd, or fruthcr disturted.
3. Thc Jeffcrson County Coroner's Ofticc will assume jurisdiction over tho human skslctal
rcmeins and makc a determination of whcther thosc rcmains arc forcnsic or non-forcnsic. If the
county coroncr dctcrnrincs thc remains are non-forcnsiq then they will rtport that finding to tlrc
Department of Arcbacology and Historis Prcservation (DAHP) who will thcn take jurisdiction
orrcr tbe reurains and rcport thcm to the appropriatc cemcterics and affoctcd tribes- Thc State
Physical Anthropologiet will makc a dctcrmination of whaher thc remairu arc Indim or Non-
Iadiu tDd leport Orat lindiug to any appropriatc ccmeterics and the allected bibes. Thc DAHP
will tbcn handlc all consultBtion with thc affoctcd partics as to thc fuhro prcscrvation,
cxcavstiou, and disposition oftbe rernains,
4. DAHP will handlc all consultation with the affectod partics as to thc future preccwation,
cxcavation, and disposition ofthe rernains iftlrere is no fedcral agcacy involved.
Con0denthUtv of Informrdon
5. Pleasant Harbor Marina or their authorized rcpresentative recogrrizes tbat archaeological
propcrties are of a scnsitivc naturc and sitcs whQre cultural rcsourccs are discovcred can become
targets of vandalism and illcgal removal activities. Pleasant Harbor Marina or their authorizcd
reprcsontstive shall kcep and maintain as confidcntial all information regarding any discovered
sultural resourcc, panicularly the location ofknown or suspected archacological property, and
cxempt all such information from public disclosure consistcnt with RCW 42.17,300.
6. Pleasant Harbor Marina or their authorizrd represcntative shall makc its best cfforts lo ensurc
that all records iudicating the location ofknown or suspectcd archaeological properlies aro
permanently securcd and confi dential,
?. Pleasant Harbor Marina or thcir authorized rcprescntative shall ensurc that its personnol,
contractors, and perminecs kecp the discovery of any found or zuspected human rernains, othcr
cultural itcrns, and potential historic propcrtics confidential, includiog but uot limitcd to,
rcli,aining such pcrsons from contaoting thc media or any third party or othcrwise sharing
infonnation regarding the discovery with any member of the public. Pleasant Harbor Marina or
CRC Proposed Plan for Archaoologtc.l Monltorlng and lnadvertont Ol3covory Prclocol
1 I 1 1L, Pleasant Harbor Merlne, Jcflerron County, WA
Pagc 4
thcir authorized rrprcsottativs shall rcquirc its pcrsonnel, contractors and permittecs to
immediately notify the Lead Representativc of Pleasant Harbor Marina or tbeir autlrorized
rcprescntative of any inguiry from thc mcdia or public. Pleasant Harbor Marina or their
au0rorized rcpr€sentativc shall immcdiately notify DAHP of any inquirics it rrccivcs. Prior to
anypublic information rcleasc, Plcasant Harbor Marina or thcir authorized reprcscntative,
DAHP, and tbc TribcG) shall concur on the amorut of iuformation, if any, to bc rclcased to the
public, any third pprty, and the media and the proceduits for such I rclease, to the cxt€ot
pcrmitted by law.
Lcrd Rcrresentrtlve rnd Prlmerv Conlrcl
8. The tead reprcscntativss and primary contacts ofeach parry under this plan arc as identificd
bclow. The parties may idantiS other spccific personnel bcforc the commcaccrnent of any
particular project clemcnt as thc contirots.
Pleasrut Ifrrbor Marlnr
308913 Hwy 101
Brinnon, WA 98320
Primary Conuct: Don Coleuran, Maintenance and Security Supervisor, 20G714-1482
Pleennt Earbor Merioe
?370 Siena Mmena Blvd. S.W.
Calgary, Albcrta
Primary Contact: M. Garth Mann, Prcsidant & C.E,O, 403-256-415l
Jrmcrtowu S'Xlrllem Trlbe
lfil3 Old Blyn HighwaY
Scquim, WA 98382
Primary Contact: Gideou Kauffman
Lower Elwhe Klellrm Trlbe
2851 L.ower Elwha Rd
Port Angeles, WA 98363
Primary Contact: Bill White, Cultural Regourccs
Port Gamble S'Klallem Trlbc
31912 Little Boston Rd NE
Kingston) WA 98346
Primary Contact: Josh Wisniewski Ph'D.
Skokomlsh Trlbe
North E0 Tribal Centcr Rd
Skokomish, WA 98584
Primary Contacr Kris Miller, C:trltural Resources
Squuio Island Tribc
iladng, Jeffomon Coung, WA
Pagc 5
1'.i L, Pl.ssEnt
SE l0 Squaxin Lane
Shclton, WA 9E584
Primary Contact: Rhouda Foster
Suquenkh Trlbe
15838 SaudyHookRd
PO Box 498
Suquamish, WA 98392-0498
Primary Contact Stephanie Trudcl
Werhhgtou Dcprrtment of Archeeolory rnd Hlrtorlc Preservrtlon
PO Box 48343
Olympic WA 98504-8343
I*ad Rcpreecntntive: Allyaon Brooks, State Historlc Preservation Oflicer, 360-58G3066
Primary Contact Orctchcr Kachlor, l,ocal Governmgrt Archaeologist, 360-586-308E
Primary Contact for Human Rcmains: Guy Tasa, Statc Physical Antbropologist, 360-586-3534
Jefferrou County Coroner's Office
PO Box 1220
Port Townsend, WA 98368
Lcad Reprcscnativc: Scott W. Rosekrans, Prosccutiug Attomey/Coroncr, 360-385-9I E0
Jclferson County Sherlff r olltce
79 Elkins Road
Port Hadlock, WA 98339
L,cad Rcprcsentative: Tony Hcmandea, Sbcri ff, 3 60-3 85-383 I
Depertmcnl of Communlty Devclopmeut
621 Shcridan Street
Port Townscnd, WA 98368
Lcad Reprcsentativc: David W. Johnson, 360'379-4465
Cultural Resource Conrullantrr Inc.
7t0 Ericksc,n Avenuc NE, Suitc I00
PC) Box 10668
Bainbridge Island, WA 981 l0
Lead Reprcscntativc: Glenn llartnann, Scnior Archaeologist/Principal, 206-855-9020
Rcfcrenccr Cltcd
Berger, Margarct
2008 Archaeological Monitoring of Gcotechnical Explorations for the Pleasant Harbor
Golf Resort, Jeffcrsoa County, Washington. Tcchnical Mcmo 0804A-1, Cultutal
Resourcc Consultanta, Bainbridge Island,
Malher, Camillc, Jcnnifcr Chambcrs, Jamcs Schumacher, and Matthcw Gill
CRC Propoead Plan lor Ardrecdoglcal Mmltodng and lnadvertent Dllcevery Pmtocol
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Attachment #4
DAHP Response to Gultural Resources Plan
OF
&
PRESERVATION
Allyson Erook Ph.D., Olrector
Slote HEtorlc ProrBNorion Oflhet
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
Preservation (DAHP). We concur with 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 conoems as long as the attached monitoring and inadvertent
discovery plan is implemented during ground disturbing actvfties for the above projec't.
Thank you for the opportunity to review and comment. Please feel free to contacl me if you
have any questions.
Slncerely,
-fltirl;-{lK
Gretchen Kaehler
Assistant State Archaeologist
(360) s86-3088
o retchen. kaeh ler@daho.wa. o-gv
cc. Gideon Kauffman, Archaeologist, Jamestown S'Klallam
Bill\A/hlte, Archaeologist, Lower Elwha Klallam Tribe
Josh Wsnietrreksi, THPO, Port Gamble S'Klallam Tribe
Kris Miller, THPO, Skokomish Trlbe
Rhonda Foster, THPO, Squaxin lsland Tribe
Dennls Lewarc*r, THPO, Suquamish Tribe
Don Coleman, Pleasant Harbor Marina
Stote of Woshinglon . Deporlmcnl ot fuchooology & Hlstorlc ?rercruollon
p.O. Box 48343 . Otympio. Woshington 9850,1-8343 . (360) 586-3065
www.dohp.wo.gov
Skokomish Tribe Response to Gultural
Resources Plan
Skokomish Indian Tribe
Tribal Center (360) 426-4232
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 Offrce. We concur with thc
attached plan for the Statesman Group Master Planncd Resort.
Skokomish Tribe is requesting a schedule of ground disturbing activities so that they (0ibes THPO)
may have the option to be on site during ground disturbance. We have discussed in the past the
importance of this site to the Skokomish people.
We have no other comments or concerns as long as the attached monitoring and inadvertcnt
discovery plan is implemented during ground disturbing activities for the above project.
Thank you for thc opportunity to review and comment, Please feel free to contact me if you
have any questions.
Sincerely,
Kris Miller
Tribal Historic Preservation Offrcer
Skokomish Tribe
(360)4264232 x2015
Shlanayl @skokomish.org
Attachment #5
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RBSOI.IRCES DBPARTMENT
31912 Little Boston Rd. NE- Kingston, WA 96315
Letter 3
5
January S,?,075
Pleasant Harbor DSEIS c/o lefferson County DCD
621 Sheridan Street
Port Townsend WA 98368
Email:@us
R.ECPn\,,glD
JAN O5 Mfl
JfffII!$I!!ffiX}IY BID
Dear Mr. fohnson,
Thank you for the opportunity to comment on tile Dnft Supplemental Envtronmental Irnpact
Statement fortlre proposed Pleasant HartorMaster Planned Resort" The Port Gamble S'Klallam
Trlbe's (PGSD Natural Resources Department provldes the followlng comments Due to the
potentlat for slgrrlficant advense efiects to shelltlsh, flsh, and wlldlife we conttnue to oppose this
prorect and reguest a meeting to dlscuss the issues in morc detatl.
The proposed profect ls loc'ated within 0re Usrrl and Accllstomed area of the Port Gamble
S'Klallam T'rib€. Trlbal members depend on the flsh, shetlfish and wlldtile resources wtthln the
project area forthelr oltural and economic well belng. We are concerned that habltat loss and
degradadon fmm the pruposed profca would irupact salmon, shellfreh and othcr lmportant
specles ln the area The Dosewalltps and Duckabush rivers and thelr deltas serye as critical
habttat for threatend salmon and other fish. shellflsh and wildlife populations valued by the
Tribe. Therefore, we are concerned that the proposed project would jeopardlze the Trlbe's
treaty rights to flsh and hunt in t}re proiect area,
As we have stated prevtously in our 2001, 2006 and 2007 comments on thls proiect, we are
concerned wtth the size ind scope of the proposed developmenL The lncrease in trafilcand
Intenstty of land use will have signiflcant lmpacs on resouroes and the DSEIS hlls to adequately
addrtss these concerns.
I
3
Water Resourtes
The proloct slte includes a susceptlble aquifer rtcharge arca and *re potendal impacts to local
groundwater, strean flows and wetland geotogyare very stgntflcant Ongoing monltorlng of
water runoff and its affects on sensltlve rcsources is ueedcd durlng the construcdon and
opcratlon phases. ln addirion to an adaptlve managerDent plan for maklng any necessary
operitttonal changes The pmposed management plan should requlre weeldy ra&er than
monthty monltorlng and should lncludc monltorlng for saltwater lntruslon. Under the current
plan, steps are tdeltifled In the event that saltwater tnrruston is detccted ln netghborlng wetls,
but no preventatlve measures are provided. A more comprehensive monitoring plan Is needed
to protect water resources.
Env iron me n tally Senslcive Areas
2
4
In a December 21,200t lolnt SEPA comment letter from Potirt No Polnt Treaty Councll,
f amestown S1{allam, Port Gamble S'Klallam and Skokomish trlbes, we hlghllghted the presence
ofnurnerous sensldve env{ronmental features that would be degraded by resort development
including unlque kettle ponds and streams. ln addttlon, the Washlngon Dept of Natural
Resources landsllde hazard zone maps depict steepr unstable slopes fringlng the Black Potnt
{s
PORT GAMBLB S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
31912 Uttle Boston Rd. NE - Kingston, WA 983,{15
kettle ponds, The proposed proJect would result in the loss ofapproximately 20,700 square feet
of wetland area and a portlon of thewetland buffers associated witl Wetlands C and D. The
proposal to create wetland area as a mltigatlon measure does not guanntee tlre successful
replacernent and maintenance of this important habltat. Annual monitorlng of wetland creation
areas [s not sufficient for detecting any adaptive management that may be required,
Fish and Wildlfe Hobltat
The forested uplands to the northwest of Black Polnt represent an lmportant elk migratlon
corridor between tfie Dosewallips and Duckabush river valleys, The proposed development
would result ln the loss of exlstlng upland wildlife habltat and although the areas of on-site
habltat would be retalned, we are concerned about the impacB to the elk mlgration corrldor.
The SDEIS did not address thls lssue.
5 cont.
5
The plan includes the monttoring of water quali$ from tle state water quality sampling station
at Pleasant Harbor to identlfy any tmpacts on flsh spectes. However, addttlonal monltorhrg
statlons both on and off slte and more preventative measures are needed to adequate)y protect
water quallty and existing 6sh species We are concerned that once degradatlon occurs from tlre
prolect impacts to spawnlng and refugia habirat wlll be ineversible. The plan does not provlde
any assuranEe that water quallty rssues..would be adequately rcsolved.
Shellfish Specles
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 potenttal tmpacts to this important resource. The DSEIS states that with
implementatlon of ldentlfled mltlgation measures, no signlficant unavoidable adverse lmpacts to
shellfish would be anticipated. However, tJre analysis does not consider the increased risk of
spills and accidents that would ocorr with the incrcase ln vessel traffic both on )and 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 musr be considered.
Given the short tlmeframe for revlew of the DSEIS and appendlceg this letter represents onlya
sumrnary of our most critlcal concerns about the proposed projecr We request the opportuntty
to consult more directly wtth the pro,ectappllcant and )efferson County staff to discuss our
concerns in more detail. Please contact me at rotnac@p8st nsn.us to schedule a meeting.
Thankyou,
8
9
Sincerely,/iK A,t
Roma Call
Envlronmental Coordinator
Phone: (360)297-4792 Fax: (360) 297'4791 z
7
Attachment #5
RESPONSE TO COMMENTS FROM PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
(Letter # 3)
Comment 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.
Comment2
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 20Gfoot
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 project is leaving wildlife corridors (areas of undisturbed vegetation) throughout the golf
course area. These conidors will lead to more than 200 acres of relatively undisturbed
vegetatlon on and off site in addition to the e(sting and created wetland features. For more
lnfonnaUon on fish and wildlife minimization measures. 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.
.Comment 3
Comment acknowledged. Traffic issues, including Traffic Volumes and Level of Service were
evaluated in Secfion 3.9 (Transportation) and Appendix L of the Drafl 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 intensity of land use were evaluated in Secfion 3./2 (Rural Character and
Population) of the Drafi SEIS. As stated ln Sectr'on 3.12,hhe Pleasant Harbor resort under the
development altematlves would increase 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 wlth new activity) on the site would increase as
a result of development under to the increase in density and associated on-site population
(residents and employees) and short{erm visitors. This analysis resulted in the conclusion that
no significaril impacts would result from the Altematives, with the implementation of appropriate
mitigation measures. See this section of the Final SEIS forfurther 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 practico 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 natural area
would be preserved. For example, approximately 103 acres (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
D*ember 2015 I
Gomment Letlers and
tuhtbtt I i?gF:,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, State and County regulations, as descrlbed ln Draft SEIS Secfion 3.2 (pages 3.2-16
and 3.2-171, and ln the Gradlng and Dralnage Engineering Report (Peck & Associates, May 16,
2012) included in Appendix E of the Draft SEIS. Either the owner or the contractor would
employ a Certified Erosion/Sediment Control Lead (CESCL) who would be onsite during
construction to monitor compliance with applicable regulations and permit conditions, and to
direct the implementation of contingencies if needed during storm events. The majority of
stormwater runoff would be detained and infiltrated onsite.
Gomment 5
As part of the permit requirements of the proJect, twice as much wetland will be created as
would be impacted; approximately 41,400 sq. fl. of wetland would be created to mitigate for
impacts to approximately 20,693 sq. fi. of wetland. The created wetland would be monitored for
five or more years to ensure that wetland conditions have been established, lf the slte 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 with Wetlands
C or D; buffer averaging would be utilized as allowad for in the Jefferson County Code. Wetland
C and D buffers would 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
Wefland Buffer Mitigation Plan Report for more information (SEIS Appendix 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 Drqft SEIS were devsloped 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 Section 3.2 (Water Resources, page 3.2-18).
Also see the Response to Letter 4, Comment 1, below. Atterations to wetlands on the site would
require permits 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 geotechnical 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 obserued along the margins of the
kettle margins or on the steeper s/opes in the upland porTions of the project site' (Subsurface
Group, LLC, December 17,2008; Section7.1.4). 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 selec-ted 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 Hirbor Flna, SE S
Dacember 2015
Comment Letterc and ResponsestJ..4.1.. .'' '
Exhibit I10
Gomment 6
The project is proposing several minlmtzation measiures to limit potentlal impacts to f,sh and
wlldllfe in the Point Black area. The project is leavlng wlldlife conidors (areas of undisturbed
vegetation) throughout the golf course area. These conldors will lead to more than 200 acres of
rebtively undlsturbed vegetation on and off slte ln addlton to the existlng and created wethnd
features. ln addition, a fence will go up along tho poJ€c{ boundary to limit elk acooss 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).
Gomment 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 (r), 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 monltorthe potential lmpact of developments, both private and public, to the water
quality d Phasant Harbor. Psrformancs standards would meet Washington Department of
Ecology requirements per WAC 173l201X The project proposes to coordinate with the
Jefferson County Wder Quality Department, the Washington State Department of:Health, the
Hood Canal Salmon Enhancement Group, and the University of Washington.to verify
acceptable standards for Pleasant Harbor. The proposed monltortng schedule provides for
quarterly prffinstuction monitoring, monthly monitoring during first and seoond year
constuc,tlon, quartarly monitoring thereafrer ln years 3 and 4, with monftorlng fiequency ln year
5 to be determined. Results would be submitted in reports to the Jefferson County Water Quality
Department. The Plan commits 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 management pinciples in the drafr Water Quality
Monitoring Plan proMde for modiffing the plan to add or remove sampling sites, modify the
monitoring schedule, update or improve sampling techniques based on new technobgy, and/or
revise parameters to reflect changes in environmental concems. The draft Water Quality
Monitoring Plan is included 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
upgraded during widening and improvements proposed at ths eritmnce to the Resort (see Draft
SEIS Flgure 2-9). Water quality treatment meffiures trttould be installed upstream of discfiarges
ftom these roadways and from the proposed Marina Mllage to the unnamed sheam that flows
through this area of the site. Pervious pavement materials may also be used in the bus tum-
around area and Maritirne 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 qualig discharges to Pleasant Harbor over existing conditions.
Pleasanl Harbor Flnal. SEIS
December 2015 11
Go,mmept'Lef(ers aad
afi//bft
Gomment 8
A Stormwater Pollution Prevention Plan (SWPPP) would be developed and implemented as
requlred under tha National Pollutlon Dlsctarge E$mlnation System (NPDES) stormwater
regulations for corptucdon sltes. Conshuc{lon tectnlques wlll utillze Best llhnagement
Pracdoes (tsMPs) to mlnlmlze potentlal lmpac{s to species. ln additlon, the contractor wlll
prepare a consffuction Spill Prevention, Contnol and Countermeasures (SPCC) Plan for the
project aecording to Washlngton State Departnent of Transportatlon guidance. Any potentlal
spills would be handled and dlsposed of in a manner 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 spilh. 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
Contlngency Plan (VVAC 179182). Work uould be in compllance with other local, slate and
federal regulatlons and restridions, local ctidcal areas ordinance and land use regulations,
Shoreline Masler Plan, State Environmsntal Policy Act, and 401 Water AtElity Certlflcation.
The alternatives evaluated in this SEIS would not directly increase vessel traffic in Pleasant
Harbor; however, al! operations associated with the existing marina would be 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 rBsult in Levels of Service within
acceptable limits, and would not be anticipated to result in an inctease in vehicle accident rates.
Comment 9
WAC 197-11455(6) (SEPA Rules) indicates that the comment period for a Draft EIS shall be 30
days unless extended by the lead agency. WAC 197-11455(7) lndicates that the lead agency
may grant an extension of up to 15 dap. Consistent with SEPA rules, Jefferson County
prorlded a 4$day comment period on the Draft SEIS (30-day requirement plus 15day
extension), the ma:<imum length of comment period allowed in the SEPA Rules. ln addition, as
noted in the above rosponse 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.
Pldasdnl Harbor Flnal SE S-.- .
December 2015
. . -.:-.-' .'t. f:itll;li. sEt a
12
Cb m.qp e n-t, L alters aad Respgases
E,fitbitl
PORT GAMBLE S'KLALLAM TRIBE
31912 Little Boston Rd. NE - Kingston, WA 98345
Attachment #7
DEC 16 2015
Dcccmber 16,2015
Jefferson County Planning Commission
621 Sheridan Street,
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.iefferson.wa.us
Subjec& Plcasent Harbor Final Supplemental Environmental Impect Statement,
Deccmber 20 I 5, Case No's : MLA08-00 188, ZON08-00056
Dear Planning Commission Members and Mr. Johnson,
V/ith regard to the December 9 Notice of Availability of the Final Supplemental
Environmental Impact Statement (FSEIS) and Notice of Planning Commission Public
Hearing and Notice of Intent to Amend the Unified Development Code for thc Pleasant
Harbor Marina and Golf Resort LLC Master Planned Resort, I am submitting this letter on
behalf of the Port Gamble S'Klallam Tribe (PGST). While we appreciate the February 18,
2015 meeting, the tribal consultation prccess is not yet finished. We understood that Jefferson
County DCD would work with PGST staff to address tle concerns raised at the meeting and
in our comments. However, PGST staffwere not consulted after the February meeting and
were not given any notification of the FSEIS prior to its release. In view of the incomplete
consultation process, and as stated in our January 5, 20 15 letter, we continue to oppose this
project. We rcquest a 60-day extension of the process in onder to allow time to complete the
Tribe's consultation.
The Port Gamble S'Klallam Tribe is the successor in interest to Indian bands and tribes
signatory to the 1855 Treaty of PointNo Point, I2 Stat. 933.r Today the Tribe rctains 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 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 nibal members depend on fish, shcllfish 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 statcd in our previous comments in 2001, 2006,2007 and 2015 rcgarding this project and
at the February meeting, we are concemed about the potential for adverse impacts from
increased traffic, intensity of land use, and environmental effects. The proposed project would
I United States v. l,lloshlngton,459 F. Supp. t020, 1039 (W.D. Wash. l97E) (hereinafret Botdt tl).
.:,lli,'
l
:; .l
;l
PORT GAI\,IBLE SKLALLAM TRIBE
31912 Little Boston Rd. NE- Kingston, WA 98346
be located in an aquifer recharge area and the potential water quality and water quantity
impacts to local groundwater, strcams and wetlands are significant. We are concemed about
the potential for significant adverse effects to fish habitat and the Tribe's fisheries as a rcsult
of these impacts. Additionally, numerous cnvironmcntally sensitive features are located
within the project arca, including unique kettle ponds. We are concemed about the potcntial
adversc effects to these habitats from the proposcd stormwater management system.
An elk herd forages within the forested uplands to the northwest of the project between the
Dosewallips and Duckabush river valluys. We are concemed about the development of highly
attractive elk and deer forage from the proposcd projeot lawns and fairways and the risk that
the elk will cross the highway to get to the food. Couple that with the projected increase of
>4,000 vehicle trips per day on the highway and it poses a significant risk to the viability of
the elk herd. We are also conccrned about the possible increasc in rccreational shellfish
harvesting from project rcsidents, which would have the potential to impact shellfish habitat
and the Tribe's harvest. Tribal members harvest between 13,000 and 21,000 pounds of manila
clam and between 13,000 and 48,000 pounds of Pacific oyster from the Duckabush alone.
These isues were not satisfactorily addressed in the FSEIS. Although the document covers
potential environmental effects to some extent, we are concemed that it does not go nearly far
enough to r€solve the potentially significant impacts to tribal treaty rights. In order to
ade4uatcly address the Tribe's concenui, we are requesting a 60day period to work with
Jefferson County staffas neoded to complete the tribal consultation proccss. We would
appreciate your consideration and timcly response.
Thank you.
W*
Chair, Port Gamble S'Klallam Tribe
2
Attachment #8
David W. Johnson
From:
Scnt:
lo:
Cc:
Roma Call <romac@pgst.nsn,us>
Friday, January 22,2016 5:45 PM
David W, Johnson
Cynthla Koan; David Goldsmith
Re: PGST Tribe's 60 day requestSublect:
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 tdt you know
how the Councilwould like to proceed.
Thank you.
Roma Call
Roma Call
Port Gamble S'Klal-lam Trlbe
Envlronmental Coordlnator
LO.IBSEPSE-L.3PI.I:ISceI1 350-516-3979offlce 360-297-6293
OnLl22l7610:54 AM, Davld W. Johnson wrote:
Roma,
The Plannlng Commlsslon and Staff have agreed to your 60 day request from the January 5, 2015
Planning Commission Public Hearlng to complete consultation started during our February 2015 meeting
at Pleasant Harbor. Please let me khow how you would like to proceed.
Thanksl
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow lead Planner
Department of Comrnun ity Oevelopment
Jefferson County
360.379.4465
Mlsslon: To preserue and enhonce the quallty ol lte in Jefferson County by promotlng a vibrant
economy, sound communities ond a heolthy envlronment,
gfi save PAPER - Please do not print this e-mail unless absolutely necessary
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