Memo. To: Annette Nesse, Chief Operations Officer. From: Subject: Leanne Jenkins, Planning Director TEPA , Sophus-Corriea Loop Road

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1 Memo To: Annette Nesse, Chief Operations Officer From: Subject: Leanne Jenkins, Planning Director TEPA , Date: Thank you for the opportunity to review the details of this project. Attached you will find the determination that the potential for significant adverse impact to the environment may be mitigated by implementing measures that avoid, minimize, rectify, reduce, or compensate for the impact(s). Attachment A spells out these requirements in detail; you should ensure that the plans for meeting these objectives are fully developed before proceeding with the project. You are welcome to solicit the advice or review of our Cultural Resources Specialist or Natural Resources staff in these efforts. If you have any questions or comments, please do not hesitate to contact me at

2 DETERMINATION OF MITIGATED SIGNIFICANT IMPACT (DOMSI) Project Title: TEPA , Description of proposal: The Tribe is proposing to construct a road connecting Sophus Road at the western boundary of the Longhouse Market to Corriea Rd at the western boundary of the Casino. The proposed road is approximately 4,600 feet in length. Project work would include widening approximately 2,000 linear feet of existing roadbed, constructing approximately 2,600 linear feet of new roadbed, applying a gravel road base, adding asphalt, enhancing the drainage system, replacing a culvert on a non-fish-bearing stream, and constructing a bridge to allow pedestrian and vehicular traffic to cross Jimmycomelately Creek. A new illumination system would be installed along the roadway corridor, with accommodations for a joint utility trench for extensions of underground power and/or communications lines. The project would include sanitary sewer extensions on Corriea Road approximately 1,500 feet south from US 101 and on Sophus Road approximately 1,000 feet south from US 101. New electrical conduits would be cast into the bridge barrier and a new 8-inch water line would be hung between girders on the bridge. Also included in the project is the construction of a 400-foot-long driveway from Corriea Road to allow access to residential properties, and construction of approximately 2,000 linear feet of joint use trail along the side of the road... A portion of the project is under jurisdiction of Clallam County, and subject to further review and permitting. Proponent: Jamestown S Klallam Tribe/Annette Nesse, Chief Operations Officer Location of proposal, including street address, if any: Multiple parcels between Sophus Road and Corriea Road, Blyn, WA. Lead agency: Jamestown S Klallam Tribe. The Jamestown S'Klallam Tribe has determined that this proposal does not have a probable significant adverse impact on the environment, provided the mitigation measures described in Attachment A are implemented satisfactorily. An Environmental Impact Statement is not required. The decision was made after a review of a completed environmental checklist, site visits, professional evaluations and other information on file. This information is available upon request. Comments on this Determination should address potential significant environmental impacts that have not been addressed within the TEPA checklist, and must be received by the Tribe s Planning Department no later than 5:00pm on February 2, Page 1

3 Responsible Official Leanne Jenkins Position/title Planning Director Phone Address 1033 Old Blyn Highway, Sequim, WA Date Signature Jamestown S Klallam Tribe Page 2

4 ATTACHMENT A CHECKLIST EVALUATION: The TEPA checklist is substantially complete, with the following comments, corrections and/or revisions: A. Background: 8. A Cultural Resources Report was prepared by Willamette Cultural Resources Associates, Ltd. for the entire alignment. A Documented Categorical Exclusion (DCE) form has been prepared for FHWA funding for NEPA. A JARPA and Biological Assessment (BA) has been prepared. An application has been submitted for an advisory Hydraulic Project Approval from WDFW. 10. Anticipated issuance of a DCE by FHWA and letters of concurrence from US Fish and Wildlife Service and NOAA Fisheries, a Section 404 Permit from the Corps, a Section 401 Water Quality Certification from US EPA, issuance of an advisory HPA from WDFW, and SEPA review by Clallam County for the portion of the project under County jurisdiction. B. Environmental Elements: 1. Earth 2. Air Total impervious surface will increase significantly over existing conditions. The applicant proposes to meet the standards of Ecology s Stormwater Management Manual for Western Washington and to implement Best Management Practices, a Stormwater Pollution Prevention Plan, and a Temporary Erosion and Sediment Control (TESC) plan. The checklist adequately addresses this element. No significant impacts on air quality are anticipated. 3. Water (including storm water): The proposal includes excavation and filling of stream #2, culvert replacement on a fish-bearing stream, changes to the existing drainage system with associated construction of a stormwater detention pond, and construction of a bridge crossing over Jimmycomelately Creek. The applicant proposes to meet the standards of Ecology s Stormwater Management Manual for Western Washington and to implement Best Management Practices, a Stormwater Pollution Prevention Plan, and a Temporary Erosion and Sediment Control (TESC) plan. The applicant has attached permit applications submitted to the Army Corps of Engineers under Section 404 and WDFW Hydraulic Project Approval advisory letter. 4. Plants The project will include ground clearing and vegetation removal. Riparian and wetland buffers will be permanently impacted by road and bridge construction. Greater than 20,000 sf of stream and wetland area will be permanently impacted, with another 23,400 of temporary impact. The applicant has identified certain measures to preserve and enhance vegetation and intends to mitigate according to standards and requirements outlined in Clallam County code and Tribal code. A wetland mitigation plan was not provided with the review documents. 5. Animals Areas in or near the project site may be inhabited by protected species such as marbled murrelet, northern spotted owl, and salmon, steelhead and bull trout. The project area is also within the Pacific Jamestown S Klallam Tribe Page 3

5 Flyway. Consultation with USFWS staff indicated that the closest proximity of actual suitable murrelet/owl habitat is more than 0.3 mi. from the project site. The applicant has prepared a Biological Assessment for review by USFWS and NOAA Fisheries. 6. Energy and natural resources The applicant proposes to use LED fixtures for street lighting to reduce energy consumption. 7. Environmental health (including Noise) The applicant proposes to implement during construction: 1) a health and safety plan; 2) a Spill Prevention, Control, and Countermeasure (SPCC) Plan; and 3) a Stormwater Pollution Prevention Plan (SWPPP). Construction-related noise will be limited to daylight hours. Vehicle noise is not expected to increase significantly over current highway and casino traffic noise. 8. Land and shoreline use The project is consistent with current and projected land uses. 9. Housing There is no housing increase or reduction from the proposal. 10. Aesthetics The construction of the bridge across Jimmycomelately Creek will change the natural appearance in the immediate vicinity, but will not significantly affect the viewshed or overall aesthetic. 11. Light and glare Street lighting consisting of LED lighting is proposed to be installed along the roadway. The applicant proposes to minimize light levels near the bridge over the Jimmycomelately Creek. The casino properties and Highway 101 are currently highly illuminated from a variety of light sources that may already penetrate the project area. It is not clear from the proposal whether lighting will significantly exceed current light levels and whether the proposed measures will be adequate to prevent spillover/light pollution or effects on fish/wildlife species in the area. 12. Recreation The project does not propose new recreational opportunities nor does it displace existing opportunities. 13. Historic and cultural preservation Cultural resource surveys and consultation with the Tribe and Washington State Dept. of Archaeology and Historic Preservation have been conducted. No cultural resources were identified. An Inadvertent Discovery Plan will be implemented during ground-disturbing activities. 14. Transportation Traffic volumes will be consistent with current traffic volumes at Sophus and Corriea Roads, but traffic from Casino service deliveries that currently come through the Casino entrance will be redirected to the new road, increasing both volume and size of vehicles above current levels. Jamestown S Klallam Tribe Page 4

6 Residential access will be enhanced by the improved road, provided the road is designated as a public road. However, commercial and construction traffic may conflict with residential vehicle and pedestrian traffic. Future development associated with the resort will also likely increase traffic volumes and should be evaluated as part of development review for potential mitigation requirements. 15. Public services The checklist has not addressed use of the road for public services such as fire, law enforcement, or transit. Presumably, fire and police access to nearby residential areas will be enhanced by road improvements. Comments from Fire District #3 and Clallam County Sheriff s Dept. should be solicited and weighed carefully in design and implementation. 16. Utilities Infrastructure for utilities, including water, sewer, and power will be installed within the construction footprint of the road. Comments from service providers should be solicited and weighed carefully in design and implementation. POTENTIAL IMPACTS AND MITIGATION: The probability of adverse environmental impacts from the proposal can be mitigated to a level below significant provided the measures identified in the checklist are implemented in project design and construction. In addition, the following measures are required in order to mitigate impacts as revealed during TEPA review: 1. Water, including stormwater: a. A wetland mitigation plan shall be prepared and submitted to Tribal Natural Resources staff for review and subsequently incorporated into design and construction documents. Replacement ratios must be a minimum of 1.5:1. b. The Temporary Erosion and Control Plan shall be submitted to Tribal Natural Resources staff for review. c. Approvals of ACOE and USFWS/NOAA and EPA for required consultation, permits and certificates constitute satisfactorily addressing issues related to stormwater, fill placement, and species of concern. 2. Light and glare a. Light minimization measures shall be emphasized in the areas of the bridge and the identified grove of older and larger trees. b. Fixtures shall be shielded to emit no upward light. c. If LEDs are selected instead of Metal Halide lights, they should be warm-white or filtered LEDs (CCT < 3,000 K; S/P ratio < 1.2) to minimize blue emission. d. The design guidlelines of Chapter VIII of the Tribe s Vision Master Plan should be followed. Specifically: 4.3 LIGHTING Illumination levels should be of sufficient intensity to provide security but not overpower the nightscape. Illumination should be low level and low glare. The standard street lighting is color-corrected Metal Halide. Fluorescent and sodium lighting are generally discouraged. Jamestown S Klallam Tribe Page 5

7 3. Transportation a. The road shall be designated and operated for public use. Existing residential access shall not be reduced, limited, or eliminated. b. The speed limit on the new road shall be established at no greater than 25mph to minimize potential conflicts and hazards from the vehicle-pedestrian interface. NOTE: The applicant is encouraged to consult with Fire District #3 and Clallam County Sheriff s Dept. regarding road design; and Clallam PUD #1 regarding utility placement. The portion of the project under jurisdiction of Clallam County is subject to further review and permitting by Clallam County. Work shall not proceed until the review is complete. Issuance of, and compliance with, this Determination does not necessarily constitute approval of this project or a permit to proceed. Permits may be necessary from state, local, or Tribal agencies and authorities. This document merely indicates that potential environmental impacts have been identified, and implementation of these conditions will likely mitigate such adverse effects of this project as it has been described. The use of federal funding for this project will necessitate a review under NEPA and other applicable federal regulations and processes. Jamestown S Klallam Tribe Page 6