The $10 million dollar question

Why the Tribe deliberately breached the dike

From Sunday’s article, we know that the county engineer’s estimate to respond to the Jamestown Tribe’s breaching of the Dungeness River dike was $10,581,472.90. But why did the Tribe breach the dike and expose downriver communities to a catastrophic flooding event that could have resulted in mass casualties?

Earlier this year, CC Watchdog contacted Jamestown Tribe’s chairman and CEO, Ron Allen, to discuss Towne Road. His reply was prompt and friendly, but he was unaware of any tension surrounding the issue. Allen was too busy to meet, but he said Jamestown Tribe’s Vice Chair, Loni Greninger, and their Natural Resources Director, Hansi Hals, could help.

Greninger and Hals were equally receptive, and CC Watchdog asked what amounted to a public records request. As a sovereign nation not governed by the same state and federal laws that promote transparency, the Tribe is not obligated to provide records. Greninger replied, “We do not take on these types of requests.”

During public comment, Chairman of the Board of Commissioners Mike French was asked why the Tribe had breached the dike. He answered, “You’re asking an elected official to comment on what the motivation might be of a sovereign nation that has its own elected officials that they elect in their manner. I have no idea what their motivations are. I know the county had some form of meeting with them, I believe it’s on the public record, you can go watch it. I can’t answer that question, I’m not a member of the Jamestown Tribe.”

The meeting had begun on public record but was moved off-record at Commissioner Ozias’ urging. The issue was settled via a phone call between the County and Tribe after midnight and is not on public record.

Upon Commissioner French’s advice, CC Watchdog asked the Tribe why the dike had been breached early. Director Hansi Hals answered,

“Please rest assured that Jamestown S’Klallam Tribe coordinated with Clallam County for planning and construction of the lower Dungeness River floodplain restoration project.  The Tribe and County met regularly and communicated often with the US Army Corps of Engineers (USACE).  The USACE has regulatory control of the levee, including standards for community flood protection. USACE required the Tribe and County to submit designs and schedules to the USACE for office review, field review, and approval.   The coordinated and mutually agreed construction schedule, that USACE approved, included both Jamestown and Clallam Co work elements.  The start date for Jamestown’s removal of the River’s Edge dike levee was scheduled for 5/2/22, and our work was initiated on 5/4/22.    You are correct that this removal date is before 9/30/22, which was the date scheduled for all levee work elements to be completed .  The USACE, Tribe and County relied on hydraulic river models to define and understand this time period.  It is usual and acceptable to modify a dike during time periods that are unlikely to have flood events.  Additionally, all parties were poised to implement contingent measures if river flow forecasts indicated possible flooding.  While escalating project costs delayed the County construction contracting and completion of final levee elements by several weeks, it is admirable that they were able to move forward.  By late-August 2022 the County had achieved flood-safety milestones such that the flood provisional measures were focused solely on reinforcing the newly erected dike (completed in Nov 2022).  The Towne Rd paving and roundabout was scheduled for 111 days from May-September 2023.  As you know, funding and community interest resulted in a revised schedule and design for Towne Rd. Construction is underway now, with the revised design, approximately one year later than scheduled.    

The Tribe appreciates your interest in collaboration.  Jamestown S’Klallam Tribe and Clallam County partnered in this large-scale, award-winning restoration project.   

Hansi Hals”

Hals’ response didn’t explain why the Tribe removed the dike; it just stated that the permit had been issued and that they had begun work. It also didn't explain the lack of communication with their project partner, Clallam County, who was working within sight of their project.

CC Watchdog followed up with Hals. “Why wasn't the Towne Road Levee completed before removing the original dike?”

Hals answered, “It is usual and acceptable by engineer standards to modify a dike during time periods that are unlikely to have flood events, without finishing construction of the final flood control structure.”

CC Watchdog also asked what had triggered the County’s costly $4,162,212.50 change order. Hals replied, “This question would be best answered by the County.”

Hals also said, “Current work is our highest priority and we’ll be unable to respond further.”

The Tribe’s current work is collaborating with the County to construct a massive above-grade reservoir behind Sequim. A public meeting about the Dungeness River Off-Channel Reservoir will be held Tuesday, October 22nd, 6-8 p.m. at the Guy Cole Convention Center (Carrie Blake Park) in Sequim.

Commissioner Ozias, the Board’s liaison to the Jamestown Tribe, would not answer emails about breaching the dike even though he was serving as commissioner at the time and the project was in his district. Instead, he said residents must make an appointment to ask questions, which four constituents did. When asked during the appointment why the Tribe had breached the dike early, Ozias replied: “I can’t tell you why there was a lack of information at the time.”

But now we know why the Tribe deliberately breached the dike.

A 2013 County document recorded the Tribe’s desires regarding Towne Road under “Selected Alternative.”

The Jamestown Tribe openly wanted Towne Road terminated a decade ago, but a problem arose. Two years after the “selected alternative” document, in the spring of 2015, a public survey showed that 84% of residents wanted the county road to remain open, which did not align with the Tribe’s wishes.

Perhaps hoping for different results, the County launched another public survey last year and manipulated the results, but the data still showed that most residents wanted Towne Road open.

When public sentiment supporting the reopening of Towne Road started growing, the Tribe suggested that a popular movement called “Save Our Levee” should be formed. The landowners to whom Commissioner Ozias had promised $125,000 in taxpayer-funded, automatic, electric gates founded a non-profit called “Dungeness Levee Trail Advocates” (DLTA), which launched a campaign that nearly kept Towne Road closed forever.

As the County surfaced the road, the Tribe began demanding design changes that skyrocketed the cost, but the County did not abandon the project’s completion.

Breaching the dike accomplished a goal the Jamestown Tribe had stated over a decade ago: it forced the County to close the road so the Tribe didn’t have to. When the County organized a temporary solution that would keep the road open, The Tribe contacted the media and said that the County’s plan would kill people downriver. The County acquiesced.

The Tribe may have achieved its decade-long goal, but they didn’t account for something: The people who had paid for the road became activated. They reminded the Tribe and the County that the road didn’t belong to the commissioners or the Tribe; it belonged to the public. The people opened the road that the Tribe had forced the County to close.

The People’s Road has been open for a week and a day, allowing residents and visitors to travel freely. The school bus now travels from Sequim to Dungeness twice a day without detouring five miles. Police, firefighters, and ambulance drivers have regained a route they once used to reach residents north of Sequim.

And Clallam County and the Jamestown Tribe can focus their attention and resources on future collaborations.

Public budget meetings

This week, the commissioners and administrator acknowledged that charging a mandatory $30 fee for admission to the Port Angeles public budget meeting was not in accordance with making information accessible to the public. It also may have violated the Open Public Meetings Act.

Things will be different going forward.

The next budget presentation will be held at the Sunland Golf Club on Tuesday, October 22nd, at 11:30 am. The event’s name has been changed from “public meeting” to “presentation,” and admission has dropped from $30 to $10 (lunch is additional). If you would like to pay to hear how the County is spending your money, the event is hosted by the Chamber of Commerce and open to the public. Commissioner Mark Ozias will be available to answer questions.

There’s only one public budget meeting

Please consider attending the County’s only public meeting about the budget.

• Wednesday, October 23rd, 5 pm, budget town hall, Commissioners’ Boardroom, Clallam County Courthouse (free admission).