STOP NISQUALLY TRIBE REGIONAL JAIL

We are residents and citizens of Thurston County who are concerned with a project that is currently under construction on the Yelm Highway SE and Highway 510 in Olympia, Washington. The Nisqually Tribe is in the process of building a Regional Jail facility which consists of two phases and up to 576 jail bed space.

We believe that this project was planned and conceived by questionable means with lack of transparency and it imposes not only the risk to our community, but it also creates concern regarding: Our county recently completed construction of a regional jail on the West Side of Olympia; the Account Restitution Center (A.R.C.) The A.R.C. currently stands vacant due to decreased jail inmate population as well as funds to operate it due to the decline of our economy. Thurston County residents paid $45 Million to build this “state of the art” facility. In 2004, the County put a bond measure on the ballot to finance a regional jail. The measure failed.  In November 2007 the County Commissioners considered a ballot measure to pay for the criminal justice costs and the A.R.C. was built anyway against Thurston County residents wishes. As Thurston County residents and taxpaying citizens we do not understand the duplicity of such a huge project. The A.R.C. is already built yet our Federal money is going to the Nisqually Tribe to build yet another Regional Jail when the first one cannot even be utilized?

The property the Nisqually Indian Tribe is currently site clearing for the Regional Jail was ACQUIRED from Fort Lewis to The Nisqually Tribe as a mandate by Congress on or around September 14, 2010. There is documents that show our County commissioners received information and facilitated meetings with the Nisqually Tribe regarding their Regional Jail plans prior to the Nisqually Tribe receiving the parcel of land and prior to the project being Sovereign.

The Nisqually Tribe plans to contract “low-risk inmates” for nearby governments at a lesser rate than our Thurston County jail, these jurisdictions INCLUDE but are not limited to:Port Gamble, Squaxin, Suquamish, Puyallup, Lacey, Tumwater, Yelm, Rainier, Tenino, Thurston County, ICE, Swinomish, Skokomish, Ft. Lewis, Nooksak, Washington State DOC and other tribes.OLYMPIA AND THURSTON COUNTY HAVE OFFICIALY INFORMED US THAT THEY DO NOT INTEND TO USE THE NISQUALLY REGIONAL JAIL FOR THEIR INMATES.

The money the Nisqually Tribe will receive for housing these inmates will go to the Sovereign nation rather than if our County was to house the same inmates the money would go back into our economy.

The project is funded with a $10 Million grant from the Justice Department and another $10 Million low-interest loan from the Agriculture Department.

Water Concerns – The soil upon which the jail is being built has no geological classification as it was former Ft. Lewis property and has no designation. The soil directly adjacent to the site is regulated by the McAllister Geologically Sensitive Area designation.Hazardous Waste Issues: The Nisqually jail will have a water treatment facility on site. What is the expected quality of the reclaimed water? Will the reclaimed waste water be returned directly into the ground?  Is it a problem dumping water less than ONE MILE from the McAllister well field?

County and State Concerns – Will the Nisqually Regional Jail operate with the same State standards, bond and liability coverage that our Thurston County Jail operates with. If an inmate escapes, it instantly will become Thurston County’s responsibility to handle the situation since the escape would be a Felony violation and off ‘Reservation’ land. 

Washington State Department of Transportation (WSDOT) is using Public Lands Highway Discretionary (PLHD) Projects is funding $5 Million to the Nisqually Indian Tribe to replace the SR 510 stop sign-controlled intersections at Reservation Road and Yelm Highway with roundabouts and associated multi-modal facilities.

Prison for Profit Concerns AND Sovereignty Concerns

Federal Grants: Nisqually Tribe’s application and acceptance of money prior to acquiring land.  The Department of Agriculture Loan funding jails?

Public Comment Period Ends MONDAY - August 1, 2011

Please respond to the PUBLIC COMMENT DRAFT FOR THE NISQUALLY TRIBE WASTEWATER TREATMENT PLANT. Copies of this document have been hard to obtain. The notification in the Olympian Newspaper stated that the draft for the wastewater treatment plant could be reviewed or obtained at the USDA Rural Development office on Black Lake Blvd. in Olympia or at the Nisqually Indian Tribe office on She Nah Num Drive. The USDA RD office DID NOT have a copy available and they stated they would be calling when one was available for pick up - They still have NOT called, July 30, 2011. The Tribe did provide a copy on Thrusday, July 28th after several attempts to obtain. This only provided two working days to respond!!!

I posted my comments earlier and they were lengthy regarding why there are mitigating factors that the Tribe HAD not considered regarding the treatment plant. Here are a few considerations I hope you all Cut and Paste and forward to the USDA RD office or the Nisqually Tribe PRIOR TO MONDAY - AUGUST 1, 2011

1. The section 3.10.1.2 states that it is "common practice to cover treatment tanks...this remains an option." PLEASE respond to say that the treatment tanks NEED TO BE COVERED so open cess pools are not allowed.
2. There is NO reference to Earthquake consideration. They should include Earthquake possibilities.
3. The Section 2.1 mentions that "Conveyance to the City of Yelm had several advantages, including the minimal amount of Tribal land required and the fact that the city of Yelm has an established treatment plant with TRAINED OPERATORS." Please reply that this is a reasonable viable option to tie into the already existing Yelm Wastewater Treatment plant.

Email: Jstopjail@yahoo.com If you have ANY questions.......
Also, View the tab on the HOME page of this blog for more information regarding the
Public Comment for Nisqually Tribe Watewater Treatment Plant.

On Line Poll From 'Yelm OnLine' Asking if community supports the Nisqually Jail

On Line Survey
Please post your vote into the Yelm Online paper. It is asking "What do you think of the planned 288 bed jail on the Nisqually Tribe? For clarification this jail is on NEWLY ACQUIRED LAND FROM FORT LEWIS from September 2010 and the jail could potentially house up to 576 inmates anda work release program.

PUBLIC COMMENT DRAFT FOR WASTEWATER TREATMENT PLANT

The Nisqually Tribe has proposed a new wastewater treatment facility. There is an environmental assessment for the proposed project. This project is OPEN TO PUBLIC COMMENTS and Copies of this Environmental Assessment can be reviewed or obtained at the following addresses:

USDA Rural Development                                    or at the                 Nisqually Indian Tribe

1835 Black Lake Boulevard,                                                                 4820 She Nah Num Drive SE

Olympia, Wa. 98501                                                                              Olympia, Wa. 98512

PUBLIC COMMENTS are taken on THIS project before

AUGUST 1, 2011 and should be sent to either or both of the above addresses.

HERE IS MY SUGGESTIONS FOR COMMENTS REGARDING THIS PROJECT:

Dear USDA Rural Development and Nisqually Indian Tribe,

The purpose of this letter is to address potential environmental impacts as a consequence of improvements to the Nisqually Tribe’s wastewater collection and treatment system. The Nisqually Tribe has obtained an environmental report provided by Parametrix. This document has determined that “the proposal will not have a significant effect on the human environment” resulting in a draft finding of No significant impact. Public Comments are open on this project before August 1, 2011.

Initially, we would like to request an extension of the public comment period. We are finding that there are still residents in the surrounding area adjacent to the Nisqually Tribe’s  proposed public safety project  that are still not aware of that project.  We would like at least an extension of up to 30 days to contact neighbors and the community to allow proper public comments and concerns regarding the Wastewater Treatment facility.

We also would like an unbiased environmental impact statement done for this project before any more damage is done.   Listed below are our concerns regarding this environmental report:

2.1 ALTERNATIVE 1: CONVEYANCE OF WASTEWATER OFF-SITE TO THE CITY OF YELM

It states in this environmental report: “Conveyance to the City of Yelm had several advantages, including the minimal amount of Tribal land required and the fact that the city of Yelm has an established treatment plant with trained operators.”

We would like to explore this option further rather than refute it due to “estimated time required construct the pipeline …”

2.4 NO ACTION ALTERNATIVE

 “Tribal lands used for individual septic systems would remain dedicated to those septic systems and the Tribe would not receive the benefit of additional land for development use.”

Since another alternative is available we believe that using the current City of Yelm system is adequate for the Tribe’s needs.

3.1.1.1 CURRENT PROPERTY USE

“One branch will cross under State Route 510 as it conveys wastewater from the Public Safety Complex to the WWTP, one branch will cross under SR 510 as it conveys wastewater from existing developed areas in the southeast portion of the Reservation. 

This project would impact the environment along the SR 510. What mitigating factors have been addressed if there were repairs needed or maintenance under the State Route 510 due to this project?

3.7.1      WATER QUALITY ISSUES AFFECTED ENVIRONMENT

It states that the “well sites are sufficiently far away from the WWPT that is not anticipated that they will be affected by the effluent infiltration. In order to minimize potential impacts to any surrounding soils or waters, The Tribe is making conscious effort to produce a Class A reclaimed effluent.  

This language needs clarification !

3.10        MISC. ISSUES

3.10.1.1 AFFECTED ENVIRONMENT
It states: “Wastewater treatment plants can be sources of odor. Depending on the types of treatment processes at the site, the odors can range from musty or earthy, to a pungent rotten egg smell. Odors can be carried far from the WWTP under the right weather and wind conditions if appropriate precautions to minimize and/or treat the odors have not been implements.”

3.10.1.2 MITIGATION

It again states “thereby reducing some of the wastewater’s potential to cause odor in downstream treatment processes.” It goes on to state…..”At this time, the exact design of the tanks has yet to be finalized, however it is common practice to cover treatment tanks and evacuate the headspace to a scrubber, much like at the headworks, building; this remains an option for mitigation of any potential treatment tank odor at the WWPT.

…”Consequently, no mitigation for solids handing odors is proposed….”

..”Finally, the WWTP site was selected such that prevailing winds will generally blow any odors away from developed areas, and the forested buffer will provide a level of odor dilution …”

We request subsequent mitigation regarding covering the treatment tanks. We are very concerned to have OPEN treatment tanks and the potential odor and hazards that would associate with such a design. (We are all well aware of the Mushroom Farm smell in Lacey off of Steilacoom Road and do not potentially want something similar or potentially worse in this part of town.)

4.7 NOISE

”WWTP’s are industrial facilities, and there will be equipment running continuously at the site during the course of the life of the WWTP. Efforts will be made during facility design to minimize the noise associated with machinery by providing motors with sound enclosures.”

Since “efforts will be made during facility design”, does this mean that they will be installed or just placed on designs of the project and then not actually utilized?

5.0 SUMMARY OF MITIGATION

E) “Treatment tanks may be covered and the headspace evacuated to a media scrubber.” Again it is stated that the treatment tanks “may be covered”. Again, we request that they in fact are 100 % covered.

Also, there is NO MENTION of an Earthquake and how this structure and project could withstand and sustain in an earthquake. Due to the Nisqually earthquake in 2001, one of the largest recorded earthquakes in Washington state history Earthquake precautions and information regarding another earthquake need to be addressed.

Thank you for your time and attention to these issues,

Justine Schmidt

Concerned Citizen

Letter to Fort Lewis Requesting Land acquisiton information.

PLEASE SEND FORT LEWIS LETTERS YOURSELVES AS WELL .....

JBLM Commander                                                                                           July 25, 2011

P.O. Box 339500

Mail Stop 1AA

JBLM, Wa. 98433

Dear Sir,

It has come to our attention that the Nisqually Indian Tribe has proposed to build a ‘Regional Jail Facility’ in Olympia, Washington. The Nisqually Tribe has a proposal that states it will house up to 277 inmates in Phase 1 and up to 576 inmates in Phase II.  The Nisqually Indian Tribe recently acquired the land where they are planning to build this facility by the U.S. Army Corps of Engineers (Fort Lewis) 179.14 Acres, more or less. This acquisition appears to have taken 10 years and 4 acts of Congress to go through. There is a bill in the 108^th Congress reflecting this information. The Federal Register states that the land was officially acquired on September 14, 2010.

On June 9, 2011 a citizen, Mr. Capra, from our county asked Thurston County for public records regarding this land acquisition. The public records inspection and copying requested information specifically regarding Thurston County tax identification number #21833000000.  As of July 25, 2011, Thurston County and specifically the Board of County Commissioners, have yet to provide us with any information regarding this tax parcel number.  Since the tax parcel above refers in our county records as a 640 acres parcel we do not understand how our county records do not reflect somehow the split of the 179 acres that now have gone to the Nisqually tribe. Should there not be some recorded paperwork showing how Fort Lewis re zoned or allocated only 179 acres of this 640 acre parcel? Is the Nisqually Tribe interested in the remaining 461 acres off of the original 640 acre parcel?

It has been documented that this land acquisition also involves Bonneville Power Administration. There is a Nisqually Transmission Line Relocation Project that refers to an easement expiring from a parcel nearby. The Nisqually Tribe contacted ‘someone’ in Fort Lewis about possibly purchasing a County parcel to house the relocated lines which they subsequently would return to Fort Lewis in lieu of this above questioned 179 acres. What property was possibly traded for this land acquisition? All of the information we have been able to obtain so far has been partial and incomplete.

In an environmental assessment presented to the Nisqually Indian Tribe from Geo Engineers from July 1, 2010, it states that “The Tribe has also held discussions with Fort Lewis to explore the possibility of locating the proposed project on Fort Lewis property in close proximity to the existing tribal facilities, but no appropriate site was identified.” Could you substantiate this claim and support is with what studies you have that eliminated alternatives?

Please let us know if you can assist us and release any and all public records relating to this information.  Thank you for your attention to this matter,

Justine Schmidt

(360) 239-4898 

StopNisquallyJail@blogspot.com

Letter to Bureau of Indian Affairs. Please send a letter yourself as well

NW Regional Director Stanly Speaks

Bureau of Indian Affairs

911 N.E. 11^th Avenue

Portland, Or. 97237

Dear Madame/Sirs

It has come to our attention that the Nisqually Indian Tribe has proposed to build a ‘Regional Jail Facility’ in Olympia, Washington. The Nisqually Tribe has a proposal that states it will house up to 277 inmates in Phase 1 and up to 576 inmates in Phase II.  The Nisqually Indian Tribe recently acquired the land where they are planning to build this facility by the U.S. Army Corps of Engineers (Fort Lewis) 179.14 Acres, more or less. This acquisition appears to have taken 10 years and 4 acts of Congress to go through. There is a bill in the 108^th Congress reflecting this information. The Federal Register states that the land was officially acquired on September 14, 2010.

Our concerns vary greatly, but they all revolve around these two key questions.

Firstly, is this land in question now, “sovereign” or is it still under trust with the Bureau of Indian Affairs. At what time in this land acquisition was the Bureau notified of the Tribe’s land use prior to receiving the land. The Regional jail site is in a residential neighborhood and abuts several homes on both the North and West sides and is less than one mile from developments and rural county homes.  If this land is not officially sovereign how could a project of this magnitude have gone through without the proper hearing and zoning regulations that our county requires for land use.

Second, why would our Government support such a project when our county pushed through $45 Million for a jail that was recently built only 10 miles from this parcel? Thurston County commissioners funded a 100,000 square foot, state of facility that has reached completion but still stands VACANT. If the Nisqually Jail project is completed it would almost nullify the prospect of our county’s facility from becoming viable since the Tribe would be contracting with the same jurisdictions for inmates.

In the Environmental Assessment provided for the Nisqually Indian Tribe from the GeoEngineers dating July 1, 2010 it states:  “The Tribe has also held discussions with Fort Lewis to explore the possibility of locating the proposed project on Fort Lewis property in close proximity to the existing tribal facilities, but no appropriate site was identified.” What studies did Fort Lewis or the Nisqually Tribe do to show that there were NO other appropriate sites available for this complex? We see that they also looked at adjoining Natural Resource land.  How could this parcel be the only viable parcel for this jail? Regardless if any other parcel were available for this project, the project is not necessary at this time due to the other vacant new facility.

Our County has expressed concerns regarding this project that also include environmental impacts, noise issues, water issues, increased traffic and foot traffic as well as property values decreasing and privatizing jails for profit. The county has formed a committee: StopNisquallyJail and has obtained over 600 signatures in 6 weeks to STOP the construction of this jail.  Please consider are concerns and please understand this is not a tribal versus non-tribal issue. The issue is that we do not need or want another jail of this capacity nor do we want a jail in a residential area close to children and schools.

Thank you for your attention to this matter,

Justine Schmidt  (StopNisquallyJail@blogspot.com)

Wastwater Open Public Comment Ends August 1, 2011

The Nisqually Tribe has proposed a new wastewater treatment facility. There is an environmental assessment for the proposed project. This project is OPEN TO PUBLIC COMMENTS and Copies of this Environmental Assessment can be reviewed or obtained at the following addresses:

USDA Rural Development                                    or at the                 Nisqually Indian Tribe

1835 Black Lake Boulevard,                                                                 4820 She Nah Num Drive SE

Olympia, Wa. 98501                                                                              Olympia, Wa. 98512

PUBLIC COMMENTS are taken on THIS project before

AUGUST 1, 2011 and should be sent to either or both of the above addresses.

The Nisqually Tribe is also proposing to construct a new Residential community on another corner of 510 and Yelm Highway. This community will consist of an Elder’s community, a multi-family apartment complex, open space and community areas, single family home building lots and a satellite housing office for onsite needs in the new community. http://www.nisqually-nsn.gov/content/squalli-absch-news October News. The Nisqually Tribe has proposed to renovate its existing 5,000 square foot corrections facility into an 8,000 square foot facility that will serve Native juveniles. This facility becomes available for renovation upon completion of a new corrections facility being constructed under DOJ ARRA grant funds. The Nisqually Indian Tribe is also planning to construct and operate a new Well system on the north side of Hwy 510. It will be constructed to serve the new Jail and will have the design capacity to serve the new Housing Development Phase 1 Community. It will be a Well System with 180,000 + Gallon storage tank and a low profile supports buildings. This new distribution system will be integrated with existing line at Muck Creek Drive to create a zonal system that allows for flexibility, capacity exchange, and back up supply. It will incorporate valves and hardware to receive flows from the McCallister Well field. There are also Traffic Revisions proposed. WSDOT is intending to replace the SR 510 stop sign-controlled intersections at Reservation Road and Yelm Highway with roundabouts and associated multi-modal facilities.