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HomeMy WebLinkAbout164David W. Johnson From: Sent: To: Cc: Subject: Attachments: Jeromy Sullivan <jeromys@pgst. nsn. us> Monday, July 18, 2016 4:34 PM jeffbocc David W. Johnson; Romac@pgst.nsn.us Blackpoint: PGST Letter and Consultation Process PGST_Letter0509'l 6.pdf; Consultation_Process_Blackpoint05l 0 1 6. pdf Dear Commissioners, I am writing as a follow up to Commissioner Sullivan and my meeting. As I understand the Commissioners request, The Tribe would have follow up meetings with the County and the Developer, then in some cases, we would meet with just the County separately and sometimes with the Developer separately. I'm not sure that would be the process that the Tribe would want to go with. I would like to see something in writing what kind of process we will try to move forward with. lt would be good to have everyone be on the same page. Attached are the two documents that we sent to you before the Government to Government meeting. The process that is proposed has been rejected verbally, however, not formally. I am requesting, in writing, an explanation of why this will not work. I don't mean to be pushy on this but I would like to be productive and use the best process available to all of us. I really appreciate the efforts being made to help the Tribes protect Our Treaty Rights as well as protect Our Culture and the Environment. I look forward to having more discussion on these very important issues. Jeromy Sullivan Port Gamble S'Klallam Tribe 1 PORT GAMBLE S'KLALLAM TRIBE 31912 Little Boston Rd. NE * Kinp;ston, WA 98346 May 9, 2015 Jefferson County Board of Commissioners Commissioner Phil Johnson, Commissioner David Sullivan, Commissioner Kathleen Kler 1820 Jefferson St. Port Townsend, WA 98368 Dear Commissioners, On behalf of the Port Gamble S'Klallam Tribe, l'd Iike to thank you for hosting the government-to- government meeting on April L8,2016. We appreciate the opportunity to share information about our Tribe's history and culture, and the concerns we have with regard to the proposed Pleasant Harbor Master Planned Resort project. The meeting was a very worthwhile step in reinforcing our government- to-govern ment partnersh ip. At the meeting, we presented specific actions that would help to mitigate potential impacts of the proposed Pleasant Harbor Master Planned Resort project on our treaty rights. We understand that the BOCC supports having technical discussions between our staff, Jefferson County staff and the project developer, as identified in our proposed actions, to discuss the technical details of the project and the best options for protecting treaty rights and cultural resources. To assist with setting a path forward, we have enclosed a draft consultation plan for your consideration. We appreciate the opportunity to continue working with you to protect and restore our important cultural and natural resources for future generations. Please feel free to contact me with any questions or comments. ru Chairman, Port Gamble S'Klallam Tribe Thank you. DRAFT - May L0,20L6 Port Gamble S'Klallam Tribe and fefferson County Government-to-Government Consultation Process For Proposed Pleasant Harbor Master Planned Resort Proiect Background The proposed Pleasant Harbor Marina and Golf Resort LLC Master Planned Resort is located within the Port Gamble S'Klallam Tribe's Adjudicated Usual and Accustomed Area and Traditional and Historic Use Area. The proposed project is located in an area of high cultural and historic significance for the Port Gamble S'Klallam Tribe. The Tribe is concerned that the proposed project would have a significant adverse effect on Traditional Cultural Properties that meet multiple federal criteria that render them eligible for inclusion on the National Register of Historic Places. The Tribe is concerned that the project would impact treaty rights due to the proposed loss of wetlands and unique kettle ponds; increase in vehicular traffic; increase in the intensity of land use for commercial and residential development; alteration of hydrology; clearing and grading; increase in impermeable surface areas; and use of persistent pollutants. We are greatly concerned about project effects on water quality, shellfish resources, wildlife and cultural resources that would directly impact tribal fisheries. Consultation Process On April t8,20L6, the f efferson County Board of Commissioners and the Port Gamble S'Klallam Tribal Chair and staff met in a government-to-government meeting to discuss the proposed Pleasant Harbor Master Planned Resort project. The Tribe presented specific actions that would help to mitigate potential impacts of the proposed Pleasant Harbor Master Planned Resort project on our treaty rights. To set a path forward, consistent with our set of mitigation actions, the Tribe proposes the following consultation process in coordination with fefferson County and the project developer: 1. Parties will identify technical team members and a neutral facilitator for discussions between the Tribe, f efferson County and the project developer. Technical team members may include scientists, cultural resource specialists, natural resource mangers,legal counsel and project managers. 2. Neutral facilitator will schedule technical meetings regarding project effects on cultural resources, water quality, shellfish resources, and wildlife. 3. In technical meetings, teams will discuss alternatives for protecting resources and will reach agreement on best possible approach to project design and mitigation of impacts to cultural resources and treaty rights. 4. Technical staff will present final recommendations for project design and mitigation to leadership, including PGST Tribal Council, for approval. 5. fefferson County and the Port Gamble S'Klallam Tribe will develop an interagency agreement on final recommendations and implementation. DRAFT - May L0,20L6 Goal of Consultation Process The goal of the consultation process is to agree on mitigation strategies for protecting cultural resources and treaty rights from the adverse effects ofthe proposed Pleasant Harbor Master Planned Resort project. Agreement The parties agree to implement the consultation process as outlined above. The parties agree that the intended outcome of the consultation process is an interagency agreement to be negotiated in good faith and executed once the mitigation plan is agreed upon and approved. Any changes to the process may be made by mutual written agreement of the parties. By entering into this consultation process, no party waives its rights or responsibilities as may otherwise be available or required by applicable law. Port Gamble S'Klallam Tribe By' feromy Sullivan, Chair, Port Gamble S'Klallam Tribe Date: fefferson County Board of Commissioners By: Commissioner Kathleen Kler, Chair, f efferson Co. Board of Commissioners Date: By: Commissioner David Sullivan, f efferson Co. Board of Commissioners Date: By: 2 Date: Commissioner Phil f ohnson, f efferson Co. Board of Commissioners