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Roma Call <romac@pgst.nsn.us>
Thursday, February 09,20L7 5:49 PM
Michelle Farfan;Garth Mann (Garth.Mann@statesmangroup.com); Don Coleman; Patty
Charnas
Laura Price; Tamara Gage; Samuel Phillips;Tim Cullinan
Draft meeting minutes from January 26,20L7
Draft Meeting Notes from 01_26_17_PGST4.docx; Draft Meeting Notes from 0L_26_17
_PGST_clea n.d ocx; B lackpo i nt_PGST_Co m mentsSu m ma ryO L 19 17 .pdf
Michelle and All,
Please see the attached PGST comments on the l126l17 Pleasant Harbor MPR Meeting Summary in tracked
changes. A clean version is also attached. Our summary of comments is also attached and we would like to
include this with the meeting summary as an appendix.
You will see "next steps" added in parentheses at the bottom of each section for everyone's review and
comment. This is our understanding of the path forward for each issue based on the l/26 discussion and we look
forward to hearing your response.
Thank you.
Roma Call
Roma Cal-l-
Port Gamble S'KIaIlam Tribe
EnvironmentaJ- Program
romacGpgst . nsn. us
cel-l- 360-516-3979office 360-291-6293
On2/2/17 3:16 PM, Michelle Farfan wrote
Good Afternoon All:
Attached please find a draft copy of the minutes from our discussion on L/261L7 . Please review and
edit as needed.
Please provide your edits to me no later than February 9
Roma: can you forward to Tamara Gage, Sam Phillips and Tim Cullinan as I don't have their email
addresses?
Rega rds,
Michelle Farfan
Associate Planner, Brinnon MPR Lead
Jefferson County Department of Community Development
62l Sheridan
Port Townsend WA 98368
1
Michelle Farfan
V: 360-379-4463
F: 360-379-4451
mfarfa n @co.iefferson.wa. us
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore
subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the
County must release this e-mail and its contents to any person who asks to obtain a copy (or for
inspection) of this e-mail unless it is also exempt from production to the requester according to state
law, including RCW 42.56 and other state laws.
2
JEFFERSO{ COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368 lWeb: wlyw.co.iefbrson.wa.us/communiMevelopment
Tel : 360,379.4,450 | Fax: 360.379.445 1 | Email : dcd@co.iefbrson.wa.us
Squrr.orvE R.routc. Ccntcr I Bulldlag Pomltt t tn.pccllon, I D.v.topmont Rcvlor I Long R.ng. Pt.nnlng
Preliminary Dnft
Meeting Notes Summary and Follow-up Action ltems
Pleasant Harbor MPR Discussion
Technical Workgroup
Web meeting: Thursday, January 26,2017 @ 6:30 - 1 0:30am
AEENPEMd-k@lie!:
Garth Mann, Statesman Group (Calgary, BC)
Jamie McArthur, Statesman Group (Calgary, BC)
Don Coleman, Ploasant Harbor Marina (Brinnon, WA)
Port Gamble S'Klallam Tribe (PGST) Participants (Kingston, WA)
Roma Call, Environmental Program Manager
Laura Price, Tribal Historic Preservation Officer
Tamara Gage, Shellfish Program Manager
Sam Phillips, Environmental Scientist
Tim Cullinan, Wldlife Program Manager, Point No Point Treaty Council (King€teR&Ul9lel(i€g€{e€, WA)
Michelle Farfan, Jefferson County DCD (Port Townsend, WA)
Patty Charnas, Jefferson County DCD (Port Townsend, WA)
Meetino Summarv
This meeting reviewed in more detail the questions and concerns of the proposed development relative to PGST
tribal treaty rights and resource issues specific to shellfish, water quality, stormwater and elkwikllfeek. This web
meeting was acting on the previous (December 14,2016) meeting the first two follow-up items.
Port Gamble S'Klallam Tribe's staff Drovided a summarv of comments reqardino shellfish resources. water oualitv
orotection and wildlife protection/manaoement for the discussion (attached to this summary).
lThese meeting notes include additional notations in italics from Michelle refening to sections of the FSE/S and
Ordinance 01-012&.08.1
The meeting began on time with the participants listed above.
lntroductions and Agenda Review was provided by Roma.
Cultural Resources discussion
. Laura reviewed cultural resource issues connected with the planned use for surface water management of
Kettle B and other poect impacts. Laura stated that the Tribe has commented about concerns that cultural
resources would be lost from the prooosed olans to create a lined storaoe pond within Kettle B and other
oroiect imoacts. The Tribe has commented on the sionificance of the site as a traditional cultural orooerty that
meets multiole criteria for beino elioible for the national reoister of historic olaces and the Tribe does not want
to lose the oooortunitv to exolore that historv. Laura reported that, on January 23, 2017, lne PGST tribal
council supported a "path forward to protect_KCllllCs B and C" and will sign a letter being prepared to send to
the Washington Department of Archeology and Historic Preservation (DAHP) to request reconsideration of
Kettle B and C for further study or listing on a national regisGr. Second. the Tribe wouldliketoworkw
Statesman Grouo and others to develop a Stewardshio Plan for Kettles B and C. The Stewardship Plan would
include measures to orotect cultural resources, as well as outline procedures for the manaoement and
maintenance of the cultural site.
. Garth asked for PGST to share documentation on howwhat qualifies Kettle B and C as a site for eligibility for
further study or inclusion on a national register. Garth mentioned that Statesman wishes to make the Pleasant
Harbor Master Planned Resort (PHMPR) a leader in environmental stewardship.
set-up a if needed to more
listed go into
of B and C with to its
of
to that was
2016.
in concerns Kettle B
surface are not
all to the in the Final
Environmental lmpact Statement (FSEIS) and focus on the loss-u€e of Ket+le(euegl€ttle B, C and the
wetlands.
Patty and Michelle confirmed that discussions (pro or con) on a modified stormwater management proposal
have not moved forward and concurred that the current discussion had to formally focus on the preferred
Altemative 3 analyzed in the FSEIS until a modification was formally submitted.
Patty and Michelle noted that the County will review poect modifications under State Environmental Policy Act
(SEPA) guidelines so that a proper determination of SEPA supplement or addendum can be made.
fNEXT STEPS: t ) Laura will follow uo with DAHP: 2) Statesman Grouo will confirm its position on the
8/16 prolect prooosal to protect the kettles and wetlands: 3) PGST. Statesman Group. Countv and
others will meet to discuss Stewardship Plan development.l
Shellfish Resources Manaoement and Protection
. Tamara reviewed the concems regarding existing shellfish resources. Tamara noted the proiect would be
located between two gublic beaches (the Duckabush and Dosewallios) thaltidelands-*+-the€rea-which orovide
pessesse+significant shellfish resources for commercial, recreational and subsistence
2
also.
that
sh€ll{i€h{Fgharvest6hellfi€hing. The two delta flats are two of the most important intertidal areas to tribal
harvesters. Tamara noted the tribe's concem regarding polluting runoff from the proposed development and
operation of the PHMPR€€d...lgh_eaRd noted the tribe's concem regarding increased temporary and oermanent
residents from the resort that would increase the harvest oressure publ.i{]-a€€ess to the beach and tide flats+y
ing. lncreased pressure from additional harvesters
without seedino and annual enhancement would result in a decline in the existinq resource over time.
Patty and Michelle reminded Tamara that the Black Point currently does not have existing access to the beach
or tide flats and that the PHMPR proposes no beach access. Tidelands in the immediate project area include
privately owned as well as state-owned and managed shellfish areas. lRe,br to FSE/S Section 3.U2 which
states "including closing the current dangerous trail access to retain the natural condition and minimal use of
the southem shoreline." Srafesman owns Tideland Tax D (approximately 10.11 chains) which is located at the
mid-east pottion of the Black Point shoreline blutr.l Tamara resoonded that the PHMPR is located iust a short
distance from the tidelands and would be easilv accessed bv PHMPR residents and visitors.
. Substantial con/arsation follo ,ed regarding existing versus potential polluting runoff sources and potential
impac*s to shellfish. Don reminded attendees that the PHMPR is based on a zero-runoff development plan
both during and after construction. Don expressed concern that the PHMPR is^/vould be singled out as a sole
source of pollution over and above the existing sour@s from land, river and the substantial flooding events that
occur due to large rainlall and other storm events.
. Garth reiterated the zerGrunofr plan and described ho^, the redevelopment of the marina is proving its
effectiveness. Garth encouraged those who have not seen the marina suriace and stormwater infiastructure to
do so. Garth agreed with Don that the PHMPR would be a "peanuf (runoff source) to the other sources that
occur during large flooding events. [FSE/S page 3.2-7 under'Stormwatef identifies the stormwater
management plan would meet the project's requirements for zero-discharge of water to Hood Canal from the
golf course resoft area, and the full treatment of all site water from the marina area before discharge to the
Harbor. Additionaily, B1CC Condition 63(q) of Ordinance 01-0128-08 requires no runoff from the golf course is
to enter Hood Canal regardless of the size or frequency of the runoff event.l
. Tamara mentioned a shellfish resource management and protection plan as a way to work together and
ensure impact avoidance to shellfish.
. Garth reviewed the existing water quality impact avoidance described in the FSEIS. Garth proposed a standing
"committee' of area water quality interests and experts to meet and engage regularly and set up a monitoring
program with regard to pollutants in runoff. Garth mentioned that he has been approached to provide area for a
shellfish nursery . IBoCC Condition 63(r) of Ordinance 01-01 2*08 requires a County-based comprehensive
water quality monitoring plan for a minimum of monthly water collection and testing in conceft with an adaptive
management program prior to any site specitic action utilizing BMPS and appropriate state agencies.l
3
INEXT STEPS: Tribe. Statesman Group. and Countv will meet to discuss the development of a Shellfish
Protection Plan.I
WalFr Oilalilv
Sam raised the issue of wetland determinations and expiring wetland jurisdictional determinations under US
Army Corps rules. statinq the 2007 determination exoired in 2012 and is no lonoer valid. lf the wetlands will be
imoacled an updated determination of wetlands iurisdiction is required from the Army CorDS.
Garth updated the group that they had been in contact recently with the Army Corp Seattle District. Garth said
he would not need aoDroval from the Corps if the wetland imDacts are avoided (as suqoested in the new
proposal) . An
uodated iurisdictional determination will be needed te get an updated ju if
etlands are to be impacted €e{ha+€€-upCal€CJD
Condition
monitoring plan
monthly water collection and testing in concert wfth an adaptive management program pior to any site specific
action utilizing BMP, and appropiate state agencies. A drafr Water Quality Monitoring Plan was completed by
the applicant and reviewed by Jefferson County Water Quality Department in August 2014; Appendix F of the
FSE/S.I PGST staff will participate in the development of the final Water Oualitv Monitorino Plan to ensure the
olan meets PGST aooroval.
o Garth explained the details contained in the FSEIS regarding treating water for not only biological but other
potential contaminants too. Garth reminded all that the membrane filter treatment will result in tertiary treated
water and is part of the model of environmental quality that Statesman wishes to develop and practice for the
PHMPR.
. Sam noted that it appears that there is an opportunity to work together on water quality issues. Pattv stated
that the Tribe would participate in the development of the final water oualitv monitorino and adaotive
manaoement olan{i6€s€€i{rn€. Garth described interactions that he has had with the County's water quality
manager Mike Dawson. Garth repeats his idea for a water quality committee.
of
minimum of
4
Comrrenbd IRCU : By its very natue, nonpoint soucc
pollutim presmts risk dlat m6t be addrEsed in all shellfuh ueu,
regadlss of the degre of development.
discharga, with concotratios varying 6 much
e five orden ofmagnitude at individual smpling sitc
While the corerucim of muici
pal s*age sysms m rhew muked improvements in
sewage teafnent, such slsteN ee often @Ntructed to
rcomodate added growlh u,ticlf in tu4 tetr& to
gensale more Moffed
related stomwater impets. nEtrating this poin! Youg ed
Thackston (1999)
docmoted highcr feal bacteria @n@trt
atiore in stsms in more druely
devclope4 sewer.d woteEheds lfiu
in sewered wdcEheds with compuable lmd ue
/lmd ovcr chmmristis
of the MPR
and
@_:r.,r1
. Sam described the desire to work with Statesman on a water quality monitoring €tuCfBlggra[to specifically
look at fate and trangport of chemical pollutants to monibr whether oollutants are in fact removed from the
environment as olanned. As described in the summarv of comments. this mav include event-based monitorino
of stormwater svstems and monitorino of storaoe pond water. oroundwater and ambient water. includinq
. Sam raised the issue of golf course fertilizers and pesticides as described in the summarv of comments. in
which PGST reouests advance notification if chemicals pesticides. herbicides or funoicides are aoolied and for
a loo sheet to record all fertilizers. oesticides herbicides and funoicides to be accessible to PGST staff. te
whi€Ecarth reviewed what is in the FSEIS regarding the use of xeric landscaping and Dakota peat which is a
chemically inert, biologically based way to fertilize and manage pests on the proposed nine-hole golf course-
INEXT STEPS: As required under BoCC Condition 63(r) of Ordinance 0l-0128-08. Tribes. Countv.
Developer. and Stato Aoency Representatives will meet to develop the final water qualitv monitorino and
adaptlve manaoement olan.l
Wildlife Protection
o Tim asked if there was available any update on habitat and wildlife information. A lengthy discussion on wildlife
management followed and a distinction betweenono* habitat rngnegCrng0lversus wildlife management was
also discussed. Garth reviewed the ear{agging and elk crossing concepts covered in the FSEIS.
that while the tribe concerned
due to changes in
. Garth reviewed the total
| ' rimshowed2ol3
occuned. The data sho^,the
Highway 101
Garth requested a copy of
:_Tim reminded everyone that
to the
Tim reiterated the idea of elk-proof fencing which Garth has said is not feasible for the project. lJefferson
County imposed a'no shoot" zone for Black Point as esrabrbhed under Ordinance 0u0519-97 in 1997 and
Olympic Canal Tracts located on the west side of Highway 101 as established under Ordinance 12-1202-02 in
2002.1
llt would be valuable to have a subseouent meetino to trv and resolve issues reoardino elk. with PGSTI
INEXT STEPS: PGST/PNPTC. Statesman. Group. Jefferson Countv. and possiblv the wildlife conflict
sDecialist from the Washinoton Deot. of Fish and Wildlife will meet to discuss wildlife protection. We
recommend meetino in Februarv since staff will be in the field durino the month of March and not
available.l
PGST Closino Comments:
Roma stated that there has been some confusion reoardino the status of the Statesman Group's new 8/16
orooosal. lf the Statesman Group moves forward with orotectino Kettles B and C and the wetlands. the scooe and
desion of the proiect will chanoe sionificantlv. At this ooint. we are still focused on the existino prooosal in the
FSEIS. The Tribe continues to oooose the oroiect as lono as there are imoacts to the kettles and wetlands.
5
Tim noted
attract elk
the highway
from usual
INEXT STEPS: Statesman Group will confirm its position on the status of the 8/16 proposal. includinq
desion chanoes. as well as orotection of the kettles and wetlands.l
Michelle and Patty provided a summary:
- Appreciation for everyone's availability and to PGST for preparing advanced information.
- The web based meeting provided an opportunity to review known issues and have specific dialogue on those
issues which is not as easy to do over email and/or comment periods.
- This meeting allowed for the group to see and discuss the bodies of information, where information resides in
existing documents and where plans, poects and monitoring are described and where they may need
additional work.
- Many of the issues are part of the development agreement.
6
DRAFT Jan. 19, 2017 PGST
Summary of Comments Regarding Shellfish Resources
Proposed Pleasant Harbor Master Planned Resort
The Black Point Resort will be located between two public beaches [the
Duckabush and the Dosewallips) which provide both significant commercial
and ceremonial/subsistence harvest opportunities to the Tribes with Usual
and Accustomed fishing rights in the area. The two delta flats are two of
the three most important intertidal areas to Tribal harvesters.
The increase in visitors from the Resort, both temporary and permanent
residents, is expected to increase the harvest pressure on the Duckabush and
Dosewallips tidelands. Natural recruitment of bivalves in Hood Canal is
sporadic and increased pressure from additional harvesters without seeding
and an annual enhancement will result in a decline in the existing resource
over time.
Both tidelands have areas of concern to the Washington Department of
Health (DOH). In 2015, DOH reported that one water sampling location on
Dosewallips and two locations on Duckabush were in Threatened status and
an additional location on each tideland were falling into Concerned status.
Additional system overflows into the Duckabush or contaminated
stormwater runoff from the increase in impervious areas could result in poor
water quality in the rivers leading to problems with shellfish on the
tidelands, A closure of these tidelands by DOH due to water quality issues
would have a cultural and economic impact on the Port Gamble S'Klallam
Tribe.
We would like to develop a Shellfish Resources Protection and Management
Plan with the developer for the protection and restoration of tribal shellfish
resources in the area. The Plan may include seeding and enhancement of the
beaches by the landowner on the Duckabush and Dosewallips Rivers where
tribal members harvest. It may include conservation easements to protect
the tidelands adjacent to the project area. Additionally, the Plan would
include response plans in the event of a water quality incident.
a
a
a
o
Jan. 19,2017 DRAFT
Summary of Comments: Water Quality Protection
Proposed Pleasant Harbor Master Planned Resort
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 f.A) expiredin2012 and the document
is no longer a valid determination that the wetlands in question are not
Waters of the U.S.
a
a
a
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. Amend the existing Draft Water Quality
Monitoring Plan to include these protections:
o Water quality monitoring in waters connected to tribal fisheries and
shellfish harvesting areas, including monitoring for pollutants. The
monitoring plan will consider the transport and fate of pollutants with
a mass-balance approach. This will incorporate the following:. event-based monitoring of stormwater conveyances and
detention basins. monitoring of the proposed storage pond (Kettle B or
alternative). monitoring of sea-level aquifer groundwater
' monitoring of nearshore ambient waters. monitoring of shellfish tissue and/or other biota
o 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 L construction,
Provide advance notification to PGST Natural Resources staff before any
application of chemical pesticides, herbicides or fungicides in the event that
organic management is not sufficient. Maintain a log sheet for all fertilizers,
pesticides, herbicides and fungicides used on site, made accessible to PGST
Natural Resources staff.
2
1an.19,2017 DRAFT
Summary of Comments: Wildlife Protection and Management
Proposed Pleasant Harbor Master Planned Resort
Management of Roosevelt elk has not been adequately addressed.
The requirements specified in Jefferson County Ordinance No. 0l-0128-08, 63.1, have not been
met. That ordinance requires:
"a wildlife managementplanfocased on non-lethal strategies...in consultation with the
Department of Fish and ltildlife and local tribes, to prevent diminishment of tribal
wildlife resources. . . to reduce the potential for vehicle collisions. . . [and] to reduce the
conJlicts from wildlife foraging on high-value landscaping.. . " [Emphasis added.]
The 2012 Habitat Management Plan prepared by GeoEngineers, Inc. does not meet these
requirements. It does not provide assurances that elk will be managed by non-lethal means when
they enter the project site and cause property damage. The plan was developed without
consultation with the Tribes or the Department of Fish and Wildlife. It does not address vehicle
collisions, except to note that a fence will be constructed to discourage wildlife from crossing the
highway. It does not address conflicts regarding wildlife foraging on high-value plants, and how
those wildlife will be managed.
The Habitat Management Plan, without any supporting evidence, concludes that elk will not
likely cross highway l0l, and concludes that because elk are not currently using the project site
they will not use it in the future. This is wishful thinking. The Point No Point Treaty Council has
more than l0 years of habitat use data showing that elk are attracted to open, grassy habitats,
particularly those where the grass is fertilized and irrigated.
Elk are known to cause significant damage to golf courses. We find it difficult to believe that
such damage will be tolerated for long by the golf course managers. Long-term measures to
prevent elk from crossing the highway and entering the property are needed.
Installing caution lights (like the ones near Sequim) on the highway to warn motorists that the elk
are nearby is a valuable addition to the mitigation package. Does Statesman understand that it is
necessary to attach telemetry sensors to the elk to activate the lights? We would be happy to
cooperate with Statesman to implement such a system.
Highway caution lights will reduce collisions, but they will not prevent elk from entering the
project site. A fence is still needed. We already know that the highway is not a barrier to elk
movement (and have evidence thereof), despite the uninformed conclusions in the Habitat
Management Plan.
Elk access to the east side of highway 101 is likely to be improved by the recently authorized
Duckabush estuary restoration and highway re-alignment project. The U.S. Army Corps of
Engineers will remove the causeway that currently carries highway 101 across the estuary, and
replace it with an elevated highway supported by concrete piers spaced at I 10-foot intervals. This
is expected to make it easier for elk to disperse east of the highway.
3