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Samuel J. Phillips <sphillips@pgst.nsn.us>
Monday, May 01, 2017 3:27 PM
Michelle Farfan
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B I a ckPoi nt_WQp I a n Co m me nts_0 50 1 17_F i na l. pd f
Hi Ms. Farfan,
Attached are comments on the draft water quality monitoring plan for the Pleasant Harbor Marine and Golf Resort LLC
Master Planned Resort for your consideration, on behalf of Port Gamble S'Klallam Tribe.
Sam Phillips
Environmental Scientist
Port Gamble S'Klallam Tribe
Office: 360-297-6289
Cell: 360-265-4771
1
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
3l9l2Little Boston Rd. NE - Kingston, WA 98346
Michelle Farfan, Associate Planner
Jefferson County, Department of Community Development
621 Sheridan St
Port Townsend, WA 98368
(360) 379-44s0
Subject: Pleasant Harbor Master Planned Resort; Statesman Group's Proposed Water Quality
Monitoring Plan
Dear Ms. Farfan,
Thank you for the opportunity to comment on the proposed Pleasant Harbor Marine and Golf
Resort LLC Master Planned Resort and the water quality monitoring plan proposed by Statesman
Group, intended to meet the requirements of the Board of County Commissioners condition r,
FSEIS Table 3.18-1. Upon review, the Port Gamble S'Klallam Tribe does not consider the draft
monitoring plan proposed by Statesman Group to adequately protect water quality for the
maintenance of treaty protected resources.
I. Port Gamble S'Klallam Tribe's History in the Area
The Port Gamble S'Klallam Tribe has a vested interest in the outcome of this Master Planned
Resort (MPR) proposal. The proposed MPR is located within the Port Gamble S'Klallam Tribe's
Usual and Accustomed Area (U&A) and Traditional and Historic Use Area. We oppose this
project, due to the significant adverse effects that a shellfish harvest area closure would have on
the Tribe's subsistence, ceremonial and commercial harvest, as well as the significant damages
to Traditional Cultural Properties (TCPs) by the proposed water storage ponds in Kettle Ponds B
and C. Even though we are commenting on water quality issues in this letter, we do not want to
give the impression that we approve of this project once the water quality issues have been
addressed.
The Port Gamble S'Klallam Tribe is the successor in interest to Indian bands and tribes signatory
to the 1855 Treaty of Point No Point, l2 Stat. 933.r The Treaty reserved to the S'Klallam the
right to take fish at all these "usual and accustomed grounds and stations" (U&Afan area
roughly centered on the Hood Canal.2 Within these areas the Port Gamble S'Klallam and other
| (Jnite d States v. Washington,45g F. Supp. 1020,1039 (W.D. Wash. 1978) (hereinafter Boldt II).
z See United States v. Washington,626 F. Supp. at 1442; Boldt II, 459 F. Supp. at 1041.
May 1,2017
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
3l9l2Little Boston Rd. NE - Kingston, WA 98346
tribes that share the U&A are entitled to take half the harvestable fish and shellfish, and retain
the right to access private property to fish and to shellfish.3
The Hood Canal is of great importance to the Tribe because tribal members have lived, hunted
and gathered there for thousands of years. Tribal members are natural stewards of the
surrounding waters and lands and deeply value the protection of their resources. The indigenous
knowledge that has been passed down for millennia is what drives the tribe to protect what is
culturally relevant to them. Hood Canal is not only a source of food and lifestyle for tribal
members, but it is also their home. The MPR will be located between two public beaches, at the
mouth of the Duckabush and the Dosewallips Rivers, 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 among the most important intertidal areas to
Port Gamble S'Klallam Tribal harvesters based on acreage available, habitat available and
existing natural manila clam and pacific oyster production.
As stated in the letter to Jefferson County Planning Commission from Laura Price, Tribal
Historic Preservation Officer (THPO) a, dated March ll,2016, the Tribe believes that the
uniqueness of geologic features and oral historical accounts relating spiritual entities linked to
the land, the traditional plants harvested generationally by S'Klallam people from the past and
within living memory, as well as multiple campsites and Native American place names known in
the area, all directly contribute to unique cultural significance of the area that would be impacted
by the proposed projects' significant modification of the physical environment. The Kettle Ponds
and wetlands were identified by the Tribe's THPO as being culturally-significant and eligible for
the national register of historic places.
II. Outstanding Issues of Concern for the Port Gamble S'Klallam Tribe
These comments should be considered part of the ongoing Tribal Consultation between Jefferson
County and the Port Gamble S'Klallam Tribe regarding the proposed MPR. We appreciate the
opportunity to comment on the Water Quality Monitoring Plan. However, some water quality
concerns we have previously expressed are still outstanding:
o The project will impact culturally-significant areas and treaty rights due to its adverse
effects on water quality with the loss of wetlands and rare kettle features, increased
3 See, e.g., United States v. Washington, 873 F. Supp. 1422, 1444-45 (W.D. Wash. 1994) (hereinafter
Shellfish I).
4 ln tg92 the U.S. Congress adopted amendments to the National Historic Preservation Act (P.1. 102-575) that
allow federally recognized lndian tribes to take on more formal responsibility for the preservation of significant
historic properties on tribal lands. Specifically, Section 101(d)(2) allows tribes to assume any or all of the functions
of a State Historic Preservation Officer (SHPO) with respect to tribal land. From: http://www.achp.eov/thpo.html.
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
3l9l2Little Boston Rd. NE - Kingston, WA 98346
traffic, significant alteration of hydrology, clearing and grading, increased impermeable
surface, and other effects that would contribute toward water quality degradation.
The 2007 U.S. Army Corps jurisdictional determination (FSEIS Vol. 2 Appendix J.A)
expired in 2012 and the document is no longer a valid determination that the wetlands in
question are not Waters of the U.S. As required by law, Statesman Group should contact
the U.S. Army Corps of Engineers to request a current determination of wetlands
jurisdiction before moving forward. By approving a plan with an expired JD, the County
would be in violation of federal regulations.
o Off-site stormwater impacts as a result of increased highway traffic associated with the
proposed project have not been addressed in the FSEIS. Increased traffic is a clear impact
not only to water quality on the subject property, but to regional water quality. This
impact must be mitigated.
o The MPR project would significantly impact kettle ponds and wetlands by removing
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 would be cleared of vegetation, filled and lined. The
proposal provides inadequate compensatory mitigation for these effects with the plan to
restore a wetland in existing Kettle Pond C that would also serve as a stormwater runoff
basin for the project.
o The project would remove 55% of existing trees and native vegetation replacing it with
impermeable surfaces and landscaping.
o Developing a stormwater and wastewater remediation system may reduce the effects of
pollutants. However, to ensure the functionality of this type of system, extensive and
regular, discharge, ambient water and biota tissue monitoring will be needed. Our
concern with regard to the construction of an urban development in this rural area is
clearly illustrated by the pollution related loss of -36,000 acres of shellfish beds
throughout Puget Sound.
III. Recommendations for Water Quality Monitoring Plan
The FEIS5 states that "A County-based comprehensive water quality monitoring plan specific to
Pleasant Harbor requiring at least monthly water collection and testing will be developed and
approved in concert with an adaptive management program prior to any site-specific action,
utilizing the best available science and appropriate state agencies. The monitoring plan shall be
funded by a yearly reserve, paid for by Statesman that will include regular offsite sampling of
pollution, discharge, and/or contaminant loading, in addition to any onsite monitoring program."
a) Scope and Sample Frequency
s Pleasant Harbor Final Supplemental ElS, Table 3.18-1, BoCC Conditions #r. December 2015
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCE S DEPARTMENT
3l9l2Little Boston Rd. NE - Kingston, WA 98346
With regards to the proposed water quality monitoring plan dated June 8, 2011, we find it
lacking in its scope and sample frequency. While regular Department of Health sampling may be
used as a component of this monitoring program, Statesman is required to fund regular offsite
monitoring in addition to any onsite monitoring, per Jefferson County BoCC condition r.
Monitoring must occur at least monthly and some event-based (storms) sampling should also
occur. This will likely require Statesman to supplement DoH sampling from the Dosewallips
estuary to Pleasant Harbor. The proposed monitoring schedule only guarantees monitoring for
the first 4 years. We are not satisfied with this schedule as we anticipate full build out and use of
the MPR would not occur within the first 4 years of the project's approval. The plan should
commit Statesman or future owners to monitoring for the lifespan of the development.
b) Response to Water Quality Impairment
The plan proposed by Statesman explains that the MPR will reside in the context of many other
uses and landowners. However, existing development is not a license to dismiss future water
quality degradation given that the project under review is the MPR, not the existing land uses
and development. We are deeply concerned that the current state of the surrounding nearshore
environment does not have the capacity for additional pollution6, and that even an incremental
increase in cumulative impacts as a result of this project will cause a closure of shellfish beds,
impacting the Tribe's treaty rights. Should water quality become impaired, it will be incumbent
upon Statesman Group to prove the impairment is not due to presence or operations of the MPR.
Given that we have no assurance or expectation that Statesman will manage the resort in
perpetuity, this condition must extend to all future owners of the MPR, for example, under
representation of a homeowners association. This burden of proof will need to be coordinated
with regulators and PGST Natural Resources staff which will require their access to relevant
records and to facilities and property.
We would like to work with Statesman to develop a response plan appurtenant to this monitoring
plan, to be carried out in the event of a water quality parameters' exceedance. We intend a non-
biased process for source review and remediation, to be agreed upon before project
implementation. We suggest a plan similar to a TMDL cleanup plan with an approach and
methods similar to the Water Cleanup Plan for Bacteria in the Lower Dungeness WatershedT and
the Dungeness Bay Fecal Coliform Bacteria Total Maximum Daily Load Study.8
6 Shellfish Growing Area Hood Canal # 3, within which Pleasant Harbor is located, currently is classified as "meets
standards, but threatened with downgrade in classification." Curtis K. December 31, 2015. Washington State
Department of Health Office of Environmental Health and Safety. Annual Growing Area Review.
7 Hampleman C, Sargeant D. June 2002. Water Cleanup Plan for Bacteria in the Lower Dungeness Watershed; Total
Maximum Daily Load Submittal Report. Department of Ecology.
8 Sargeant D. March 2004. Dungeness Bay Fecal Coliform Bacteria Total Maximum Daily Load Study. Department of
Ecology Environ mental Assessment Program.
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
3l9l2Little Boston Rd. NE - Kingston, WA 98346
Should Department of Health downgrade a shellfish growing area adjacent to the MPRe, it will
be incumbent upon Statesman Group to investigate and identify the cause of pollution
responsible for the change in growing area classification and identify the corrective action
needed to upgrade the classification. A downgrade which results in closure of the harvest area
will reduce the Tribe's treaty protected right to harvest, and therefore adequate compensation
would be required to mitigate those effects.
c) Water Quality Monitoring Methods
As part of the development of a water quality monitoring plan, we must establish a baseline of
ambient water quality. This must be agreed upon by the Tribe and Statesman Group, including
an exceedance threshold of water quality parameters that will trigger investigation described
above. This will require a review of statistical methods of water quality, due to the fact that the
exceedance threshold will be based on the baseline values, rather than the value for shellfish
growing area classifications.
Mussel cages must be used for detection of contaminants with very low ambient concentrations,
following methods specified in the Quality Assurance Project Plan (QAPP) for Status and Trends
Monitoring of Marine Nearshore Mussels.l0 After a baseline concentration and exceedance
threshold of the stormwater-associated toxic metals and persistent organic pollutants referred to
in the QAPP is established and agreed upon, cages should be deployed annually for a period of
60 days.
d) Water Quality Performance Measures
We also must consider the various elements of the water quality performance measures. We are
concerned that stormwater conveyance, retention and detention facilities may not function as
designed, due to either lack of maintenance or unforeseen circumstancesll. Furthermore, we are
concerned that the infiltration of wastewater may contaminate the nearshore environment,
especially in an area of high groundwater susceptibilityl2 with no confining layers between the
ground surface and the sea-level aquiferl3. While it is laudable that the Statesman Group intends
to build a Membrane Bioreactor plant for wastewater reuse, it will be important to verify that
stormwater and wastewater do not contribute to water quality degradation. The designed level of
performance should be demonstrated rather than assumed, to be verified with monitoring data.
The individual components should be monitored and compared with ambient water quality to
e See attached map of growing areas and DoH sampling sites.
10 WDFW. Quality Assurance Project Plan for Status and Trends Monitoring of Marine Nearshore Mussels for the
Regional Stormwater Monitoring Program. June 2015.
11 "There are some areas within the site that have slow to moderate rates of infiltration. Until the actual allowable
rate of infiltration of the soil at each facility can be determined, the facilities may need to be sized to retain water
to allow for a slower release." Pleasant Harbor Final Supplemental ElS, 3.2-19. December, 2015.
12 Eastern Jefferson County Groundwater Characterization Study, 1994
13 Pleasant Harbor Mariana and Golf Resort Environmental lmpact Statement - Soils and Geology, 2007.
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
3l9l2Little Boston Rd. NE - Kingston, WA 98346
develop a mass-balance in order to understand the transport and fate of the pollutants, as
described in our January 19,2017 comments.
We are concerned the planned water quality facilities may not be built in the event of a market
downturn. We seek assurances that the stormwater and wastewater infrastructure will be built as
planned, regardless of changing market conditions. This could be accomplished with a dedicated
endowment fund for continued maintenance and operations of all stormwater and wastewater
infrastructure.
IV. Conclusion
Unfortunately, while Statesman Group may intend to build an environmentally friendly resort,
there is no example of a MPR in Puget Sound that has not resulted in a shellfish harvest area
closure. We request the Tribe participate in continued discussions regarding water quality, with a
specific focus on preventing impacts to adjacent Tribal shellfish beds and fisheries. As stated
earlier, the Tribe will continue to oppose this project until the water quality and other
environmental issues are addressed and the culturally-significant areas are protected from project
construction and operational impacts.
We appreciate you keeping us informed about this project and the permit process. If you have
any questions feel free to contact me at (360) 297-6289 or sphillips@pest.nsn.us.
Sincerely
//4
Sam Phillips
Environmental Scientist, Natural Resources Department
Port Gamble S'Klallam Tribe
PORT GAMBLE S'KLALLAM TRIBE
NATURAL RESOURCES DEPARTMENT
31912 Little Boston Rd. NE - Kingston, WA 98346
a DoH Sampling Stations
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Hood Canal Backshore
Prelininary, approxirnate boundary of tidelands and neashore waters subject to rDnitoring plan.
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