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LUMMI INDIANBUSINESSCOUNCIL 2665 KWINA ROAD BELLINGHAM, WASHINGTON 98226 (360) 312-2000 DEPARTMENT DIRECT NO.
LUMMI INDIANBUSINESSCOUNCIL
2665 KWINA ROAD
BELLINGHAM, WASHINGTON
98226 (360) 312-2000
DEPARTMENT
DIRECT NO.
November 14, 2013
November 14, 2013
Chris Jenkins, Cultural Resource Program Manager Army Corps of Engineers, Seattle District P.O. Box 3755
Chris Jenkins, Cultural Resource Program Manager
Army Corps of Engineers, Seattle District
P.O. Box 3755
Seattle, Washington 98124-3755
RE: NWS-2008-0260 Gateway Pacific Terminals Section 106 Initiation of Consultation
RE: NWS-2008-0260 Gateway Pacific Terminals Section 106 Initiation of Consultation
Dear Mr. Jenkins: The Lummi Nation has received the July 11, 2013, notice of the
Dear Mr. Jenkins:
The Lummi Nation has received the July 11, 2013, notice of the Corps’ plan to initiate the Section
106 of the National Historic Preservation Act consultation regarding the above-referenced permit.
The purpose of this letter is to begin the consultation process as an affected tribe and provide
initial feedback concerning historic properties.
Areas for cultural resources consultation
As you know, the Lummi Nation has assumed the state historic preservation officer functions
pursuant to Section 101(d)(2) of the National Historic Preservation Act and has established the
Lummi Nation Tribal Historic Preservation Office. A core function of the tribal historic preservation
office is to “cooperate with the [Department of the Interior] Secretary, the Advisory Council on
Historic Preservation, and other Federal and State agencies, local governments and
organizations and individuals to ensure that historic properties are taken into consideration at all
levels of planning and development.”1The Lummi Nation Tribal Historic Preservation Office
(LNTHPO) has facilitated an internal review of the project using records on file with the Lummi
Nation’s Cultural Resource Management Program. The LNTHPO internal review was done in
accordance to the duties outlined in the Program Plan for the assumption of the SHPO functions
and Title 40 of the Lummi Code of Laws. Our review indicates the following initial areas that need
to be addressed more specifically during the consultation and federal permit review process:
1.
Multiple Registered Archaeological
recorded within the APE are: WHI,
0878, WH523, WH 914, WH, 872,
WH 876, WH874, WH875WH871,
WH941, WH574, WH936.
Sites
recorded
within
the
APE.
Registered
sites
WH915, WH532, WH877, WH879,
WH912, WH870, WH913, WH869,
WH084, WH083,
WH880, WH881,
WH938, WH873WH933,
WH940,
WH084,
WH937,
2. Registered archaeological sites outside of the APE that have a possibility of impact: WH023.
2. Registered archaeological sites outside of the APE that have a possibility of impact:
WH023.
3. The cultural and ethnographic history supports the conclusion that there is underwater
archaeology within the APE. The underwater archaeology must be inventoried and
assessed in order to identify proper methods of site protection and precautions.
4. In addition to archaeological sites, Lummi has a number of sites, areas and resources that
are Traditional Cultural Properties. These sites are significant and specific to Lummi
Nation and the culture of Lummi Peoples. The Traditional Cultural Properties will require a
proper inventory and assessment to determine location, affect and proper protection,
avoidance and/or mitigation. Fishing at Cherry Point, both from the uplands and in the
marine waters is inherently a cultural practice for the Lummi Peoples. The practice of
fishing in the Cherry Point area must be evaluated as a Traditional Cultural Property and
should be protected.
Based on these factors, impacts to tribal resources are at high risk with the proposed project.
LNTHPO recommends that further consultation and evaluation be conducted prior to the project
being permitted in order to determine the presence of cultural resources and plan for their
appropriate protection during all phases of the proposed project.
Lummi Nation concerns about scope of the Areas of Potential Effect The LNTHPO disagrees with
Lummi Nation concerns about scope of the Areas of Potential Effect
The LNTHPO disagrees with the Areas of Potential Effect (APE) as outlined in the Corps letter
addressed to Chairman Ballew dated July 11, 2013. The proposed APE is too narrowly defined to
adequately meet the both the statutory obligations and those duties required due to the trust
relationship that exists between the federal government and the Lummi Nation. The 1,500 acres
proposed for inclusion in the APE is the project area. The scope and nature of this proposed
project will have many affects on both cultural and natural resources beyond the 1,500 acres.
LNTHPO recommends further consultation regarding the APE designation. Please consider this
letter a formal request for government to government consultation regarding the definition of the
Areas of Potential Effect for the proposed Gateway Pacific Terminal at Cherry Point.
The Lummi Nation’s policy is that both intact and disturbed cultural resources are held in the
same regard. Protection of such resources is a priority for the LNTHPO. Over the past few years
the Lummi Nation has noted that consultation practices have been minimal and there have been
inadvertent discoveries at the proposed project area that have resulted in the need for mitigation
that will never be adequate compensation for the harms caused by the project proponent. Cherry
Point and its surrounding environs are significant to the Lummi People and a preventative
approach to cultural resources would benefit all parties.
No waiver of any rights for consultation or release from duties related to the trust
No
waiver
of any
rights
for consultation
or
release
from
duties
related
to
the
trust
relationship
These comments are based on the information available at the time of the review and are not the
only concerns that the Lummi Nation has regarding the proposed projects being evaluated under
the permit application. Specific concerns related to the potential impacts on the treaty fishing and
gathering right are not addressed or minimized due to the participation of the Lummi Nation in the
Section 106 consultation pursuant to the National Historic Preservation Act. LNTHPO requests
the right to review any changes related to the proposed project activities because those changes
would have the impact of affecting the tribal cultural interests at the site.
Should you have any questions or concerns, please do not hesitate to call me at 360-312-2257 or
via email lenatlummi-nsn.gov.
Lena
Officer
Tribal Historic Preservation Office
cc:
Tim Ballew, II, Chairman, Lummi Indian Business Council
Rob Whitlam, State Archaeologist, Department of Archaeology & Historic
Preservation