Great Peninsula = Conservancy Protecting our lands and waters for geverations to come September 9,2010 Kiteap County Roan af Commissioner 619 Division St, M4 Port Orchard, WA. 98366 Re: North Kits Legacy 2armership Draft Memorandum of Understanding (8/31/10) eat Commissioners Great Peninsula Conservancy appreciates the opportunity to comment onthe revised (831/10) drat “Memorandum of Understanding (Memorandum) between Kitsap County nd Olympic Propeny Group conceming the North Kitsap Legacy Partnership. This leter expands on our earlier comments submited ‘on June 9, 2010 and attached tere for the public record. While those comments addressed the broader issues, our comments today wll fous on Specific recommended changes tothe wording of the “Memorandum Great Peninsula Conservaney (GPC) works to protect forever the natural habitats, rural landscapes, and ‘open spaces ofthe Great Peniaula~ a region encompassing Kitsap, Mason and western Pierce counties, Washington, For 30 years, Great Peninsula Conservancy has helped protect more than 2,000 acres of land for conservation, GPC views the North Kitsap Legacy Parinership as an exiting opportunity to conserve forestland and protect the health of Port Gamble Bay. We applaud the project partners, Olsmpie Property Group / Pope Resources and Kisp County, for ting the initiative to consider this bold partnership and to invite public comment onthe projec ait takes shape, ‘The lowland forests ofthe Kitsap Peninsula are reservoirs of biologicel diversity, eitcal to sustaining our ‘region's ai and water quality, and playa vit ole in supporting a heathy’ Puget Sound. The proposed ‘North Kitsap Legacy Partnership holds promis for preventing fragmentation and, hence, diminishment of North Kitsp’s forestlands, When managed sustainably, these forests also may bea foundation for beter quality of ite and rural livelihood in Kitsap County Protection ofthe marine envirnment of Port Gamble Bay is equally important as Kitsap County and Olympic Property Group move forward wit development plans in and around the town of Por Gamble Port Gamble Bay atthe tip ofthe Kitsap Peninsula, is considered one of the ecological jewels of Puget Sound and an estuary of interrational importance. It contain high quality habitat fr salmon, hesing, shellfish, and water bids Please consider the following visions tothe language in the draft Memorandum, dated Aug. 31, 2010 (GPC additions and revisions n green font) ‘Memorandum of Understanding —Inrodustory Paragraph ‘+ *... comprehensive program for public acquisition of up to 5,722 3,000 acres” 721 Kitsap Way, Suite 5, Bremerton, WA 98912 (960) 373-3500 » (866) 373-3504 * info@ greatpenisula.org » wwrw.kreatpeninsula.orgNorth Kitsap Lege Partersp MOU Great Peninsula Conservancy Comments September 9, 2010 Page? + GPC Comment: close analysis of the NKLP proposal reveals that the 1,164 Kingston acres (County-owned Heritage 2ark ~ 447 acres; Option Property curently proposed for acquisition by the ‘County for adtion to its Heritage Park ~366 eres; and Arborwood property curently planned for {evelopment 351 acres) ar already involved in other OPG/County proposals and it, therefore, inappropriate to include tem here ‘GPC Comment: While the Kingston ares may contribute tothe proposed regional rail sytem and public open space corridoy, inching dean i he cute eget fu housing density open Space exchange" would be a double count. GPC Comment: Accuracy of mimbers sone factor thet will be critical in obtaining public support forthe NKLP proposal standing — Resi ‘Recital #: “Whereas, the Kitsap County Comprehensive Plan and Open Space Plan envision «8 well s opportunites fr fasivereereation -.." ‘Recital #2: “Whereas the Landowner currently owns land at Por Gamble Bay...” Recital #4“... and the Tribe curently uses Por Gamble Bay...” ‘+ New Recital a: WHEREAS, forest practices and residential or other development of the uplands impact the heath of Port Gamble Bay and Puget Sound: and ‘+ Recital #6: “WHEREAS, the Landowner owns approximately 8,000 6,812 acres (120 sees in Historie Port Gamble, 4,080 acres inthe Prt Gamble Block, 2000 sees in the Hansvile Block, and {642 ners inthe Divide Bock) of real property within Northern Kitsap County htt would like to ‘ll CLandovener Property") (excluding if Kingson properties which ae currently propose for residential development (Arborwood) ora county park (North Heritage Park Option Property) Landowners Property includes the Nationa Historic Landmark District of Port Gamble, approximately thee mils of saltwater shoreline on Hood Canel and on Pot Gamble Ba, and approximately 7,000 6,722 acres of commercial timberland suitable for publi ooess to saltwater shorelines, interconnects tral systems, permanent pubic open space, sn psivereretion ‘epportuniies and enbanesd protetion .” ‘+ Recital #7: “WHEREAS, as a public entity, the County has limited financial resources and is interested in pursuing puti/pivate economic development opportunities tht provide jobs, rnge ‘of housing options, sistabable communities, and va Viable tax base to support necessary public services; while permanenlly protecting 5 miles of Kitsap Gount-Poct Gamble Bay ani Hood Canal shoreline and approximately5,72? acter of forest owned by the Landowner; and” ‘+ Recital #8: “WHEREAS, the County recognizes the importance of rural lands and rural career to its economy, its people, adits environment, as well as the need to redaceing te inappropriate ‘conversion of forestlands into low-density resent url development; and ‘+ New Recital #82: WHEREAS, conservation easements held by an independent land trast re the most fective way to secre the legacy of conservation land in perpetuly and ‘New Recital #8b: WHEREAS, Great Peninsula Conservancy is lca land rst with extensive experience negotiating, wonitoring, stewarding, and enforcing nearly 60 conservation easements covering over 1,000 aeresof privately and pubicl)-owned forests, farms, als, wetlands, streams, and shorelines across the Great Peninsula of West Puget Sound and + New Recital #XX: WHEREAS, Forest Stewardship Council (FSC) certification ensures the pubic that forestland ae managed forthe greatest environmental and social benefits; and "This makes it clear tat only portion ofthe shoraine ie consiered for protection. 2 This exeldes he 1,000 ares ate Por Gamble Blok proposed for developmen‘North Kitsap Legacy Partnersip MOU Great Peninsula Conservancy Comments September 9, 2010 Page 3 ‘+ Recital #10; “WHEREAS, Landowner Property represents a significant portion of Landowner's ‘operating portfolio in Noh Kitsap and isa source of ongoing revenue to Lansdowne, the partis acknowledge that presre-contlct exists between Landownet's need to maintain ongoing operating ‘revenue and the Now Kisap-Lepaey- arinetship'need plies desire to keep as much ofthe land ‘vwnershipin and mature orst sitable Fr wildlife habia, passive recreation, and ecosystem services (clam air, clean water, aquifer recharge, et timber avalable for public sequin; and” Rectal #12: “WIIEREAS, a the single owner of approniaately 6,042 ae + GPC Comment: We enccurage Kitsap County to use recital #16 to clearly articulate in one place the ‘over-riding public goals (eneis) or this partnership, to ince the following. Recital # 16: “WHEREAS, the process set frt in this Memorandum will include extensive input from the general, ‘public and interested partes with -fous-on new shoreline public access preservation oF openspace, For yildifelbiteshoraines and-ottestarensto ensure the following public goals ae met: ‘© Permanently presse large, contiguous blocks of forestland as public open space to enhance biological diversiy, protect ecosystem services (clean air, clean water, aquifer recharge, et), preserve critical areas (wetlands, shorelines, aquifers, et), increase public access to saltwater shorelines, and expand public tris fr passive recreation ‘©. Protect and reston the health of Port Gamble Bay, © Create vibrant, sustainable, and economicaly-viable community eenered around the National Historic Landmark Distet of Port Gamble that recognizes and preserves the cultural heritage ofthe Port Gamble Klallam Tribe's ancestral homeland at Teckalet and the more recent Port Gamble mil tow atthe same lotion; and” ‘+ Recital #17: “WHEREAS, Landowner and the County acknowledge this ype of comprehensive, ‘multiple oo andscape-level planing, a8 set Frth in.” M S 1. Overall Goals and Guiding Prinsiples. [We bsieve a reorganization ofthis vston as sugested ‘below wil be helpful) ‘a. Hansuile Block 1 No sidental,conmeri act block neat Hans Sustainable forest management ofthe Hansvlle block according to intemationaly-ecygnized gold standard for environmen Stewardship Coun entfication program Pblie Ownership ofthe Hansvile block wil beheld by «public agency or lind ts Protection ofthe pubis long-term intrest in the and will be protected by a permanent ‘contervation eaerent held bya land tt. ‘or industrial development osmber sees of Landowner's2,000- lars set by the ily-sustainable forests, the Forest, b, Option nd “TheDivide” PropertisBlock (As noted above, the Option property and ‘Arborwood project are covered under separate Landowner ~ County agreements and should be exchided from tis proposal. Otherwise the North Kitsap Legacy Partnership may use an inappropriate land base when calculating density bonuses to be transfered tothe Port Gamble uplands. Delete cll three existing bles under this setion and replace with]‘Nort Kitssp Legeey Partnership MOU (Great Peninsula Conservancy Comments September 9, 2010 Pages i. Noresidenta, commercial, as The Divide ii, Sustainable forest management ofthe Divide block according to standards set by the internatonally-ecopnized gold standard for envionmentaly-sustainabe forest, the Forest ‘Stewardship Coun enification program. li Orership ofthe Divide block wil beheld by «public agency o land tus. |v Prewretinn ofthe public's loga-term interest inthe land wil be protected by a permanent conservation easenent held y land tit. Port Gamble (Port Gamble Block, Port Gamble Townsite and Port Gamble Shoreline) Approximately 3,(60acre(-}coniguous Port Gamble Conservation Block inthe Port antl Bo (sah othe onsite and asocinted plands described below) No residential, commercial, o industrial development 2 Saaibl fret magn scoring to Snes ty the internationally-recognized gold standard for enviconmenal-sustanable forests, the Forest Stewardship Council erification program. 3. Ownership will beheld by » public ageney o land trust 44. Frotection ofthe public's long-term interest in the land will be protected by a manent conservation easement held by land ts ils 3-0 Port Gamble Bay Protesied Shoreline (south ofthe townsite) 1. No residential commer, or industrial development e forest management according to standards st by the ally-ecognized gold standard for environmentally-sistainable firests, the Forest Stewardship Council erification program. '3. Ownership will be held by a public ageney of land tit 44. Frotection ofthe public's lang-tem intrest in the Ind will be protected by a srmanent conservation easement held by a land trust 5. hereage for this lind is included inthe Port Gamble Conservation Blosk Port Gamble Towasite and Associated Uplands Development: 120-aere Port Gamble “Townsite,incudig remaining approximately 1.5 miles of Port Gamble Bay Shoreline, and approximately’ 1,0)0-acrecontighous block in the Port Gamble Block adjacent othe Port Gamble Townsiteand known hereinafter asthe “Associated Uplands’ 1. Hermite to develop at higher densities by effectively transfering residential Aensites from the Hansvlle Block 2,000 ares), the Divide Block (642 seres), and the Port Gamble Conservation Block (3,080 acres) 1 These lands are curently zoned as Rural Wooded or I velling unit ‘per 20 ares (or 286 homes onthe 5,722 acres) b. These transferred residential densities wil beaded to existing densitis in the Port Gamble Townsite and Associated Uplands Development © Additional density honuses may be considered as identified under 3ictbelow. [Not this numbering refers tothe daft Memorandum ‘ot the numbering in these GPC comments) 2. Maintsns and enhances the histori character, cultrel heritage, and sonomie and envionment sustainability of Port Gamble. lstrial development of Landowners 642-are block’ known > VL map gives this figure 642 ares but page 3 ofthe Memorandum sates itis 664 ares. Which correct? 64 ares scotch 5.722 acres of open Spce used througout GPC's proposed revision tothe Memorandum. reeds toe cometed 05744 aoe.North Kitsap Legaey Partnership MOU Great Peninsula Conservancy Comments September 9, 2010, Page 5 3. Designed as an economic center tobe as self-supporting a community as possible (regarding ily goods and services), 44. Froduces enough public revenues to pay for public services othe town and is future residents (police, fre and rescue, schools et.) 5, Embraces sustainable development including constuction methods and materials, energy conservation and efficent operating principles, 44. Contiguous blot of open space or forestland will be: i. Owned by a publi ageney of land trust ii Subject to permanent conservation easement(s that specify allowed non-commercial forestry and passive reeesional uses including non-motorized wails, a well s prohibited uses, which shall includ, but se not Finite to, new residential, ss-commercial or industria), development, sctve recreation, and hunting These conservation easements shall requir that al forestlands willbe managed for biologically diverse, healthy, and mature forests, following # noncommeria forestry mode, hich may include: 1. assive recreational uses Restoration ofthe diversity ofthe natralnative forest srture an function Growth and preservation of mature tees and diverse habitat Conservation of native wildlife species No short-eyele rotation, nie elea-cut forestry Greens harvesting of brush and selective logging mestng the goals sted Tralitional cultural uses and practices of local bes ‘ay-e Meyanaged subject oa Forest Stewardship Council enified forest ‘management plan iv. Used for connected publi access for non-motorized trails and other possve reereaton Used to preserve marine, freshwater, wetland, and upland wildlife habitats Managed by a Forest Stewardship Commitee with public participation, ‘Used for limited uly crossings or areas through reserved easements if othe lteratives are not feasible 2 Operating Principles and Public Involvement. ‘+2 paragraph last sentence: “Asa publily held entity, Landowner will be primarily ‘motivated by economic considerations with any lind andor density transfers requiting ‘nancial justiication for Landowner to proceed, ‘+ 3° paragraph 2" sentence: “The public's interest includes, but i not limited to, the reservation of +-7,000 approximately 5,722 aces of Landowners North Kitsap land parti | 3. Coopertive Conservation and Communiy-making Funding and Financing ie Allowance of Desty Transfer and Bonuses: “The parties recognize that moving development ransrring density into and near Port Gamble in a consolidated footpit will ‘may be one way toallow Kitsap County to generate conservation value, recognized in fl fee til to real property within the 7000 5,722 acres targeted for public ownership.” li, Conservation Funding and Financing: "The partis wil stuctre the overall projet based ‘upon phased transfers and sales of lands fr poli protetion, Where appropriate parties wil jointly pursue State ad, Federal, and private coaservation grant sources that are‘North Kitsap Legacy Partnership MOU ‘Great Peninsula Conservaney Comments September 9, 2010, Page 6 competitive. The partis recognize that public grant sources generally are focused on protecting sustainsbe working forests by purchasing development rights and guiding best, ‘management practices. Therefore, if public grant funds ae tobe sought, transferring density off of these lands is described in 3. above, may not leave any development rights to be purchased by the grant funds (and hence make the project ineligible for grant funds). 1F necessary, partes wll examine the benefits and impacts of financing conservation of forest land through limited, sustainable ine harvest. [New Section Following 5, Technical Advisory Commitee] X. Forest Stewardship Comniitee. When planning and permitting for this projects completed, the County shal sanction a NKLP Forest Stewardship Committe tasked with planing for forest stewardship ‘on the 5,722 aeres of conservation land. Such committe wll ntatea pli discussion to crate a Vision far the use ofthe land, develop a forest management pln to realize that vison, and subsequently verse implementation ofthe forest management plan. 6. Proposed Schule. The partes propose the following schedule, whichis subject to adjustment as additional information is obtained reparding funding and feasibility ofthe North Kitsap Legacy Partnership: [New bale] = Initiate Forest Stewardship Committe process March 2011 7.1 Development Agreement The County and Landowner, though the North Kitsap Legacy Partnership, agree to collaboratively work together on a Development Agreement o address, including but not limited to, the following items: ‘Permanent protection of ep to ~7,000 approximately 5,722 aces f ORG Landowner forestland through transfers of fee simple ownership by OFG Landowner to Kitsap County a public agency or land trust as required by cevelopment agreement, ot fe simple sales toa poblis agency’ or land trust isap County and eonservation organizations ‘+ Kitsap County and conservation organizations, with echnical suppoc from PG Landowner, shall sctively pursue public and private land acquisitions, planning and stewardship grants forthe OPG Landowner properties {80 Suspension Period, Between the execution ofthis Memorandum and December 31, 2011 (Suspension Peri"), during which time the review process described in Section 6 will ocur and ‘eansnctionfesibilly and seqution targets willbe more fly defined, Landowner agree that it will £82 Sell or engage in esdental, commercial, or industrial development on any portion ofits "North Kitsap portfolio withthe exception ofthe approximately 142-aere block which houses the former transplant nursery and the 150-aee Chatham development. ‘Thank you for the opportunity to comment onthe proposed North Kitsap Legacy Partnership ‘Memorandum of Understanding and its grand vision for North Kitsaps forestland and marine resources."North Kitsap Legacy Prtnersiip MOU ‘Great Peninsula Conservancy Comments September 9, 2010, Page 7 “This eschng venture in forest conservation coud not come at mare import tne, Witoucoicerted effors to rte these forests no, lian ofr bck offre landscape eal possi. ‘Now is th tie to act before these peat forest ree Sica, Sandia. Sry Dealbaitane Sanda Stples-Bortet Executive Director Attachment