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HomeMy WebLinkAbout176Michelle Farfan From: Sent: To: Subject: Attachments: David Sullivan Wednesday, September 07, 20L6 1-0:54 AM Philip Morley; Patty Charnas; Michelle Farfan FW: Consultation Process County Draft - Consultation Process Pleasant Harbor MPR - PGST JeffCo - .pdf From: David Sullivan Sent: Wednesday, September 07,201610:53 AM To:'je romys@ pgst. nsn. us' <jeromys@ pgst. nsn. us> Subject: Consultation Process Jeromy, I apologize for my long delay in responding in writing to your July 18 email about the Tribe's and the County's on-going consultation process on the Pleasant Harbor Master Planned Resort. We have another staff change at Jefferson County, in addition to the ones we talked of in July, which impacts the Pleasant Harbor Master Plan Resort. Michelle Farfan will be taking over as the County's planner on this project and is currently reviewing the files and will be contacting Roma soon if she hasn't already. Michelle is an experienced planner and I have a lot of faith in her. I have met with Michelle and discussed our common goals in protecting Hood Canal and tribal treaty rights. She understands the conditions addressing water quality, shellfish, wildlife, flora and cultural resources in the Comprehensive Plan amendment authorizing the Pleasant Harbor MPR. After reviewing the project files, Michelle will be identifying next steps for the county in adopting the development regulations and the development agreement that need to be in place prior to issuing any permits. Jefferson County would appreciate early consultation with the Port Gamble S'Klallam tribe as we draft these regulations and development agreement. Recently I met with Garth Mann, president and CEO for the applicant, Statesman, and he is eager to share with you proposed changes in their project that preserves the kettles as a sacred historic site and engages local tribes in developing an lndigenous lnterpretive Center at the site. ln the spirit of mutual respect, continued consultation and open communication, please find enclosed my thoughts on reflecting in writing how we are working together. ln your July 18 email you asked for an explanation of why the County suggests this approach. We view it as one that promotes fluid communication between the staff of the Tribe, the developer, and the County, working directly with each other to develop solutions. lt also allows input and guidance, as needed, by you and me as elected members of the Tribe and the County. Finally it also respects our governments' respective roles and responsibilities: the Port Gamble S'Klallam Tribe as a tribal nation and Jefferson County as a county government. 1 Yours Truly, Dovid David Sullivan Jefferson County Commissioner 2 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 may 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 interfere with treaty rights regarding shellfish and fishery resources, hunting and gathering, and cultural resources. Consultation Process On April 18,20L6, 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 proposed a variety of specific actions intended to help mitigate potential interference with the Tribe's treaty rights by the proposed Pleasant Harbor Master Planned Resort project. To set a path forward, the Tribe and County agree on the following consultation process that will take place in coordination with the project developer: 1. Parties will identify staff for discussions between the Tribe, the County and/or the project developer. Staff may consult with others, such as other staff, scientists, cultural resource specialists, natural resource managers, and project managers. 2. fefferson County or the Tribe will schedule meetings regarding the project's potential effects on Treaty rights, such as cultural resources, shellfish and fisheries resources, and wildlife. 3. In meetings, staff will discuss alternatives for protecting resources and will seek agreement on best possible approaches to avoid or mitigate interference with 1of 3 treaty rights and tribal rights to cultural resources, that might arise from the proposed Master Planned Resort. 4. The staff will present recommendations and/or options for project design and mitigation to leadership, including the Tribal Council, the Board of Commissioners and the developer. 5. fefferson County and the Port Gamble S'Klallam Tribe will continue to work in good faith to address Tribal treaty rights issues. 6. In furtherance of this consultation and to facilitate open communication, the County and the Tribe have each designated an elected representative to work directly with one another to share perspectives and seek resolution of issues that may not be resolved at the staff level. County Commissioner David Sullivan is the County Commissioners' designated representative and Tribe Chairman feromy Sullivan is the Tribal Council's designated representative, who together will facilitate communication between the two entities. Goal of Consultation Process The goal of the consultation process is to recognize the many common interests the County and the Tribe share, and to seek agreement on mitigation strategies and alternatives for protecting tribal rights to cultural resources and treaty rights that may be affected by the proposed Pleasant Harbor Master Planned Resort project. Additional Opportunity for Consultation Supplementing the consultation process described above, the County and the Tribe acknowledge that the Board of County Commissioners intends to hold a public hearing prior to adopting development regulations or a development agreement for the Pleasant Harbor Master Planned Resort. The County invites the Port Gamble S'Klallam Tribe to give testimony via the public hearing to address Tribal concerns, if any still remain after the consultation process described above, about potential impacts of the proposed development to Tribal treaty rights or rights to cultural resources; and the Board of County Commissioners will consider the Tribe's input prior to taking action. Agreement The parties agree to implement the consultation process as outlined above. Any changes to the process may be made by mutual written agreement of the parties. 2 of3 By entering into this consultation process, no party waives its rights or responsibilities as may otherwise be available to it or as required by applicable law. Port Gamble S'Klallam Tribe By: |eromy Sullivan, Chairman, Port Gamble S'Klallam Tribe Date fefferson County Board of Commissioners Kathleen Kler, Chair, f efferson Co. Board of Commissioners Date ATTEST:APPROVED AS TO FORM: Carolyn Avery, Deputy Clerk of the Board Michael Haas, Prosecuting Attorney Date Date 3 of 3 By'