Sunday, June 29, 2008

Citizens Forum Report & Wetland Responses - 6/29/08

Update Contents. This update covers the recently held Citizens Forum and also several comments that have come in regarding the questioning of why we should be concerned about wetlands.

Citizens from Around the County Met. Citizens from around the county met to get a better understanding of Federal, State, County, and city legal issues on Saturday afternoon 6/28/08 at the library on Sylvan Way. They came from Hansville to Manchester and places in between spending a beautiful sunny Saturday afternoon to learn about statutes and to discuss their common problems.

The Common Thread. The common thread was a frustration citizens have when dealing with city and county officials with respect to land use practices.

Attorney Presentation. Land use attorney Ryan Vancil went through an ambitious agenda explaining legal issues and what works and what doesn't. He urged groups to understand the legal issues and to be proactive and not wait until the notice of application and 14 day comment period begins. He said among many other things that citizens groups are at a general disadvantage in the process. Representatives from Poulsbo gave an example that just the filing fee for an appeal which includes SEPA is $3000. Other representatives said just trying to get complete project files can be difficult as there are often different files associated with a project not to mention planners who often have documents that are not in the official file.

Connectivity Proposed. One of the citizen groups in attendance proposed a citizens website or something similar and has volunteered to be the connection point for the rest of the groups so they can learn from and help each other.

Wetland Responses. We shared an email we received last week that stated: "What is wrong with digging out a wetland area if it provides another building site and that great black soil is used elsewhere? Aren't people more important than a few displaced ducks? ........ Please tell us why we should be concerned." We asked that other community members respond and here are two responses.

Wetland Website. "You might send this link to the individual questioning wetlands." www.epa.gov/owow/wetlands/awm/ Our comment: This is a great site and should answer the questions at the federal level. As for the state or county levels we hope there might be something available there.

Regarding the "great black soil" Statement. We received the following rather lengthy response from a resident who seems to know something about the subject, which is quoted in its entirety after our sign off.

Jim Aho


The question "What is wrong with digging out a wetland area if it provides another building site and that great black soil is used elsewhere?" intrigues me.

Lets just consider the part about the "great black soil is used elsewhere?"

OK, so these developers have a black wet soil to translocate. They dig out say, 1 cubic meter blocks with an excavator, transport them to the new site, and maybe even insert into pre dug holes. What can go wrong?

1. The soils may have not been well drained. Reinstate them in a site subject to rising groundwater and your not so well drained soils stay seasonally wet. This means that the translocated habitat will either be killed or will slowly change into something wholly different and probably with reduced biodiversity and certainly failure of the most soil sensitive plants.

2. The soils may have been poorly drained and was seasonally waterlogged. Translocate this to a well drained site and again the basic soil parameters will have changed and the habitat translocation will fail or new plants will try to adjust to the new conditions leading to habitat change and deterioration.

3. Translocate an acidic habitat to a circum-neutral or alkaline area and you will upset the chemistry of the translocated soils and again the habitat will respond by changing and invariably cause a reduction in biodiversity at the very least.

Slowly permeable receiving soils with clayey horizons will wet up at the surface with rainfall in the winter, the water in the soil being perched over the clayey layers (surface water soils). Such soils will be seasonally waterlogged or may be permanently waterlogged!

The dirt et-al, used to replace the permeable soils that were moved, may be affected by winter rising groundwater where water rises up to the surface, the soils may become so wet as to allow peat to form at the surface as plant material decays and accumulates. This would surely affect a structure built on this ground.

Wetlands come in many guises, wet woodland, alkaline fens, acidic mires, reed swamp, marshes and other. Can you excavate a certain depth of soil and lift it without draining it. Many wetland soils are fluid and simply flow as you lift them up. They are wholly dependent on water. That water may be alkaline, circum-neutral or acidic and may be rich or poor in major nutrients and rich or poor in dissolved micronutrients. The water may be sourced from vertically rising groundwater, from subsurface seepage water, or most often – a combination of these. Wetland soils may have thin acidic layers (often a few mm only) over alkaline layers and vice versa. Translocate a wetland habitat to a site with dissimilar hydrological, hydrochemical and hydrogeological conditions and you are in for trouble. Did these developers check the hydrological conditions of the soil they re-located and the soil that received the transferred soil?

Did they check to see if the soil water regimes and hydrology of the receptor site were identical to the donor site? Soils are so variable that it is virtually impossible to find a similar site. Dry heathlands are difficult enough, try it now with a combination of humid and wet heathlands, with a bit acidic mire thrown in for good measure and your problems are increased by several magnitudes. If soil analysis has shown that the upper soil layers are rich in phosphorus, and that the pH and calcium carbonate levels are excessively high (phosphorus should be minimal and pH less than 5). What will that do?

Perhaps the removal of the "black soil" would not be so beneficial to the area where it was received.

Miscelllaneous Items - 6/27/08

Wetlands Questions. We received the following questions regarding the 3rd Street wetland issue and hope someone has the time to respond to them.

"What is wrong with digging out a wetland area if it provides another building site and that great black soil is used elsewhere? Aren't people more important than a few displaced ducks? I watched wetlands being removed in Minnesota when I was a kid and it gave the farmers more crop land. I think I know the answer to my questions, but I'm not sure others do. Please tell us why we should be concerned."

This person has articulated some good questions that need to be answered. Please forward any responses to these questions and we will pass them on. And, if you have any good websites that may answer the questions, we can pass them on also.

Appeal Funding Questions. There have been a number of questions as to whether the Illahee Community Club was going to follow through with the Shorelines Hearings Board (SHB) appeal if the necessary funds do not come in. As we understand it, the Board of Directors decided to appeal the decision trusting that the money would come in and that the community is behind them on these issues. There was one abstention in the voting by one board member who wanted the money to be in place before the appeal was filed, showing that the concern of the possibility of inadequate funding. On the other hand, the community funded a $6000 hydrology study a few years ago when Illahee Creek was being threatened, which showed community financial support on that issue. We will report on the amount of donations coming in in future updates. When we asked one of the ICC board members what happens if not enough money comes in, they said the board members may need to dig deeper into their pocket books.

Deer Reports. We are getting a number of deer reports, from those getting run over to new young ones. Let us know what you are seeing, along with any photos, and we will pass them on.

Jim Aho

Third Street Wetland Issue - 6/25/08

3rd Street Wetlands. We have been asked to provide an update on the 3rd Street wetlands.

County Response? We have not received a response from the county so again all we can report is on what we have been told.

Wetland Area? We were provided with some history of the area along 3rd Street. In the 70's there was a small house on the corner lot of 3rd and Rest Place. The Thompson's later built a new house just south of the small house which was subsequently torn down because the area was so wet in the wintertime. Mr. Thompson passed away last week with his obituary in Wednesday's Kitsap Sun. Our condolences go out to his wife Claire, who along with her grieving is reported to be extremely concerned about what is happening to the wetland areas adjacent to their property.

Drainage System Installed Next to Wetland. Some are wondering what the county was thinking when they evidently approved the installation of a drainage system next to a wetland area that essentially drains the wetland, much less the Thompson's wetland. We have to agree with them having stopped to look at the area this past Wednesday evening while on a walk. It is no wonder local residents are wondering if their county officials are on the job. We took a photo of the drainage system so we could let others know what the residents of this area are concerned about.

Wetland Signs? We looked for posted wetland signs that presumably would accompany the wetland buffer signs that appear in the photo, but didn't see any. Again we are hoping someone from the county can explain to us and the residents of the area what is happening.

The Wetland Report? It was reported that someone filed a Freedom of Information request to obtain a copy of the wetland report and will report on its contents when received.

Continue to let us know what you want us to report on.

Jim Aho

Citizens Forum - 6/21/08

Excellent and Timely Opportunity. A forum to discuss legal issues such as we are dealing with in Illahee is going to be held at the Sylvan Way library next Saturday (6/28/08) from 1:30 - 4:30 pm. This is an excellent opportunity to learn about the legal avenues available to communities and a chance to have related legal questions answered.

Forum. Ryan Vancil, the lawyer the Illahee Community Club has retained for the Illahee Outfall appeal, has conducted workshops before and is conducting this forum in our area, and the timing could not have been better for community residents, who have had more legal questions than we can answer. For example, we know that many in the Fir Drive area are concerned about the upcoming Timbers Edge development and would like to see community issues resolved with the county before the county approves the developers plans and another legal battle ensues. Questions like these and an understanding of the legal tools are what the forum is all about.

Description in the Notice. "In a 3-hour informational forum, matters pertaining to land use laws will be discussed to encourage an enhanced knowledge of local land use law to empower citizens."

Selected Community. Illahee and a few other communities in the county have been selected to receive this notice of the citizens forum and the law firm would like to have a count of how many people are planning on attending. You can email us and we will pass the information on or call 206.842.7811.

Thank you for providing us notice of events like these!

Jim Aho

Thursday, June 19, 2008

Appeal of the Illahee Outfall Decision to the Shorelines Hearings Board (SHB) - 6/19/08

County Notice. Many in the community received the official notice a week ago that the County Commissioners denied the Illahee Community Club's appeal of the placement of a 42 inch diameter stormwater outfall at the base of the Illahee Community Dock. If you didn't receive it, we have attached it as a pdf file to this update.

The Club's Response. The Illahee Community Club responded quickly when the decision was first made with a letter to the editor (see attachment) that appeared in the CK Reporter and the Bremerton Patriot. The decision was also the covered by the Kitsap Sun, which is linked. http://kitsapsun.com/news/2008/may/19/appeal-over-illahee-pipe-denied-by-kitsap/

Community Appeal to the Shorelines Hearings Board. We have been asked by the Illahee Community Club to pass on their request to solicit donations for their appeal of the Illahee Outfall decision to the Washington State Shorelines Hearings Board (SHB).

Spreading the Appeal Costs. Following the hearing before the County Commissioners, one of the residents suggested that if they lose they need to appeal this to the next level, which was thought to be Superior Court. The person said if they could find 60 community members who would each contribute $150 they should have enough money to do so, which would be $9,000.

Why the SHB? When the results of the hearing were published in the Kitsap Sun we were advised by an interested county resident that we should be appealing the results to the SHB and that he had successfully argued before them earlier. A check of this avenue appears promising and thus the desire by the Board to move ahead with the appeal.

Legal Representation and Costs. The Community Club has retained Ryan Vancil to represent them in the SHB appeal. His estimate is that the case could cost between $7,000 and $12,000, which equates to finding 60 people who would contribute the $150.

Can the Funds be Raised? That was evidently the concern of the Board also. When the possibility of an appeal was first discussed in an Illahee Community Update there were about 20 people who indicated they felt the decision should be appealed and they were ready to contribute financially. So now the Community Club is asking for those initial 20 residents, plus 40 more to contribute to the Club's legal fund, and noted that any help is appreciated.

Where to Contribute? The Illahee Community Club, P.O. Box 2563, Bremerton, WA 98310-0332.

Other Community Projects? Let us know if you have a community project that you would like us to report on.

Jim Aho

Illahee Community Plan Update - 6/17/08

CAG Review Work Completed on 6/16/08. The Illahee Community Plan Citizens Advisory Group (CAG) completed their review of the Plan on Monday evening (6/16/08).

Next Meeting Late July? There will be not be another meeting until the Plan changes are incorporated by the county and presented to the community in about four to six weeks. At that time the community will have an opportunity to see it in its near complete state and make any last corrections before it goes to the Planning Commission for their review.

Review Opportunity Before the Meeting. The county will complete their efforts about a week before the final review meeting in order to give the community enough time for it's review.

6/16 Meeting CAG Actions Later. The CAG voted on a number of issues during the 6/16/08 meeting that will be forwarded later when the county completes the official minutes of the meeting.

Thanks to the Present and Past CAGs!! Thanks to all those who participated in this phase of the project, and a special thanks goes to all those who worked on the past draft documents that made this review much easier.

Support Needed. When the near final document is completed, please plan on looking it over carefully, and if possible, plan on attending the final review meeting. This is the subarea plan that will control and influence future land use decisions in Illahee for years when it is supported by the community and approved by the county. We have been advised that at the very end of subarea plans there are always vocal opponents who will show up at the county public meetings to voice their opposition. We hope that will not be the case in Illahee, but if so, it needs to be countered by overwhelming community support.

Watch for further updates.

Jim Aho

Meeting Reminder & Photo - 6/16/08

Next to the last Illahee Plan Meeting Monday? The Illahee Community Plan has been undergoing county review since February and only two meeting dates remain: Monday 6/16/08, and Monday 6/23/08. The meetings are from 6-8:30 pm at the Unitarian Church on Perry Ave. These last meetings are the ones where important decisions are being made and it is your opportunity to be heard. Two likely repeat agenda items will be view restriction zones and the suggested 28 foot height restrictions in the zone. We also hope to hear more about the greenbelt zone and what that means, either at this meeting or the following one. We have not seen an agenda for the meetings so we need to be tentative and our possible agenda items are based on what we anticipate will or needs to be discussed.


Sealife in the Sound. Two weeks ago we noted the abundance of pink salmon along the nearshore areas of our local waters. We showed a photo of some pink salmon fry taken from the Brownsville Marina. We have attached another photo taken during a second dip of the net that shows a small pink salmon, but also a small translucent sand lance fry. Sand lance are also known locally as "candlefish" likely due to their slender shape. Sand lance spawn similarly to surf smelt and their spawning habits were relatively unknown in the Sound until the 1989. We have several documented spawning sites nearby which is also possibly the reason for so many juvenile salmon in the area as their diets are composed heavily of sand lance, from 35% to 60% for Chinook salmon. There is much more on these interesting forage fish on the web.


Seahorses at the Illahee Dock? We had reports of small seahorse creatures at the Illahee Dock. The person reporting their sighting called over another person to make sure they weren't seeing things. We contacted a fisheries biologist who raised his eyes about the possibility. We will continue to look into this. We have had stranger things at the dock, including someone catching a pacific mackerel a number of winters ago.


Keep sending your information in, though are getting behind in our reporting and hope to catch up soon.


Jim Aho

Trail Map, Blog, 3rd Street Photo - 6/12/08

New Illahee Preserve Brochure. A new brochure has been prepared for the Illahee Preserve by the architectural firm of Rice/Fergus/Miller. Over the past several years volunteers have been establishing trails in the Preserve and this brochure provides the first map of the trails. Much of the work has also been the result of the Stewardship Committee and the East Bremerton Rotary Club, who also provided the GPS coordinates for the map. This Kitsap County Heritage Park came about through the efforts of local residents with help from the County Commissioners and state elected officials. And so it is fitting that the trail work and the brochure are also the work of local groups. The brochure is to be printed double sided and folded so it is provided as the first two attachments. Many thanks to all those who have worked so hard on the Preserve and the new brochure!


Illahee Blog Site. All of the Illahee Community Updates are printed on the illaheecommunity.com website blog site so anyone can interact or comment on the updates. Simply click on the blog line on the home page. We have had people who have commented to us on the 3rd Street Excavation and we would encourage them to comment on the blog so others can understand their concerns. The interesting thing about blogs is that most people use a handle such as a recent post by the "Illahee Observer" who often times comments on the blog site.

3rd Street Excavation. We received the attached photo of work being accomplished at the site yesterday, Wednesday, in what appears to be some type of drainage system next to the wetland. Some of the nearby residents cannot believe what happened to the wetland, much less the apparent draining of the wetland area that is still remaining. We are still trying to understand, along with the neighbors, and hope the county will soon be able to explain what is happening, like they said they would during the Gilberton Creek washout meeting.

Keep Sending Us Information. We will continue to send out information you pass on to us, though possibly with some editing.

Jim Aho

Tuesday, June 10, 2008

Follow-up on Gilberton Creek Wetlands - 6/9/08

3rd Street Excavation. This has been a very confusing project to report on with primarily second hand information coming in.


View Larger Map

The Meeting Report. The following statement was made in our Gilberton Creek Washout Meeting Report: "It was interesting to note that several people asked the county about the excavation work along 3rd Street at the headwaters of Gilberton Creek. The county reps said they would look into the project."

A Brief County Response. One of the persons questioning the county about the project got the following response: "I also received a call from Kim at DCD, after Larry Keaton passed along my inquiry to her. She said that the permit has been issued and the project is being monitored."

Neighbor Calls. Since we have not heard anything more from DCD, we are going to try and report on this based on calls received and a brief look at the wetland report in the file, so be aware that we may not have the complete story.

Extreme Concern. First of all it appears that many of the neighbors are extremely concerned with what is happening in their neighborhood with the excavation of the wetland areas. Evidently they have contacted the county and not gotten much information except that the project has been approved.

The Right Wetland Report? The wetland report in the file was for a small isolated wetland and doesn't resemble the wetland flagging next to the trees in the area, which is very confusing. There seemed to be no mention that the area is the headwaters of Gilberton Creek, which is also confusing. There did not appear to be a wetland report for the area being worked, which again is very confusing.

Property Owner Approval? There are allegations that the buffer averaging approval was not understood by the property owners for the work that was accomplished. Additionally, they are saying that the neighbors were not given any notice of the extent of the "grading" project which to them was much more than just grading. Again, the more information that comes in on the project the more confusing it becomes. Neighbors are hoping the county will soon provide some explanations of what is taking place and clear up the confusion in this neighborhood in Illahee.

A Follow-on Wetland Project? A resident dropped off a legal notice from Saturdays CK Reporter regarding a "Reasonable Use Exception" application to approve a residence within 5 feet of a Category 3 wetland that usually has a 60 foot buffer. The address is 6501 Rest Place which would put it in the wetland at the headwaters of Illahee Creek and adjacent to the wetlands of the headwaters of Gilberton Creek, which were just discussed. The person asked if wetlands were no longer considered important in Kitsap County and wondered if the state felt similarly. Based on what just happened with the Gilberton Creek wetlands, we couldn't answer the question. The contact person listed in the paper for the project is David Greethan 337-7181.

Why So Many Controversial Issues? We were hoping to use these community updates for less controversial issues such as wildlife reports, as there enough problems already in Illahee. However, this is the information that we are receiving and so we are passing it on.

Jim Aho

Saturday, June 7, 2008

Wildlife Update & Photos - 6/6/08

Sea Otters. Three were observed on Friday. We are waiting to see if there will be some young ones soon.

Deer on the Beach. Deer sometimes travel along the beach but we don't usually see them by the water at low tide. See the attached photo.

Gosling Report. This report was received on Thursday (6/5/08). We had reported in an earlier update that we thought the pair of Canada Geese with 6 small goslings had lost them, but evidently they didn't. "The original pair of geese with the 8 goslings are still here and also the pair with the 6 babies after all. At least, I believe they are the original group of 6 goslings. They are the appropriate size and feathering is proceeding at the right rate in comparison to the older goslings who have their tail feathers in."

Jackknife Clams. These clams are small and fast and can be found on our sandy and silty beaches. They resemble small razor clams but are not as broad. This one shown in the attached photo was found on Schutt's point at low tide on Wednesday. They can also found on the beaches at Illahee State Park.

Sea Anenome Eating a Crab. This is a Painted Anenome (Urticina crassicornis) eating a crab that was observed at Foulweather Bluff on Thursday. Sea anemones have nematocystes or stinging cells on their tentacles and use them to sting their prey when contacted. As you can see they eat crabs, along with fish and whatever else comes close.

Keep sending us your wildlife information.

Jim Aho

Wednesday, June 4, 2008

Miscellaneous Items - 6/2/08

Important Illahee Community Plan Meeting 6/2/08. The Illahee Community Plan is in its final stages with just two or three meetings left and a number of important decisions will be finalized. On 6/2/08 the agenda will likely include finalizing view protection overlays, zoning, and discussing what to do with tax-title strips and unused right-of-ways. The community is also hoping to get more information on greenbelts. See this linked story. The meeting is at the Unitarian Church and goes from 6-8:30 pm.

Illahee Outfall Appeal. The community has been very vocal about the locating of the 42in diameter outfall at the base of the community dock, with many wanting to appeal the decision to the next level. The Illahee Community Club is reportedly considering an appeal to the Shorelines Hearings Board (SHB) and that is about all we know at this point. We will pass on more information as it becomes available. Kitsap Sun story on appeal denial.

Gilberton Creek Washout Meeting Report. There were several reporters at the meeting last Thursday and we have attached the links to their reports. It was interesting to note that several people asked the county about the excavation work along 3rd Street at the headwaters of Gilberton Creek. The county reps said they would look into the project.
CK Reporter article
Kitsap Sun article

Illahee Birding. "We conducted a bird survey of the upland forested area of Illahee Preserve on Saturday morning, May 31st. A total of 30 different bird species were identified. Highlights included sightings of Wilson's Warblers, Townsend's Warblers, and baby red-breasted nuthatches. Periodic bird surveys are conducted within Illahee Preserve. These tours are quite informative and geared for people with all levels of birding experience including those new to birding. If anyone has an interest to join such a tour and learn more about our local birds, then feel free to contact Vic Ulsh at vic@bradleyscottinc.com or 479-6900."

Lowest Tides of the Season. Wednesday is the lowest tide of the season and an opportunity to see what is normally under water.

Salmon along the Nearshore. One way that biologists determine what is happening along the nearshore areas is to conduct regular beach seinings. It was reported that during beach seines at 5 stations in Kitsap County on Friday that there are enormous numbers of small pink salmon fry migrating through the area, Attached is a photo of the results of a dip net at the Brownsville Marina showing some pink salmon feeding along the breakwater. Other small salmon fry observed during the seining were chum salmon. A few coho and chinook along with one cutthrout trout were also observed during the seines. More on the results of other fish and marine life caught in the seinings later.

Jim Aho

Illahee Road Washout Meeting - 5/27/08

Important Meeting Wednesday 5-28-08. Attached is an email regarding a meeting to discuss the Illahee Road washout at Gilberton Creek. This is an important meeting for the Illahee, Gilberton, and Brownsville communities to determine what is being planned.

Answers? It is also also an opportunity for some to see if they can get some answers as to why the washout occurred, beyond it was a very big storm. If someone had been injured or killed in the washout there would have been an investigation. Cars were crossing the road just prior to the washout along with a school bus. We were lucky, but that doesn't mean someone shouldn't be trying to understand why it occurred or what should have been done differently. It appears someone was asleep at the wheel who should have been monitoring a culvert that has been adequate for years, but possibly because of increased development upstream became inadequate. When a system or process fails, the citizens should be able to get some answers as to what happened and what is being done to make sure it doesn't happen again in Kitsap County with more disastrous results.

The meeting is at the Brownsville School library and begins at 7 pm.

Jim Aho

ps The gosling number of 14 that was reported in the last update dropped to 8 the next day as something got 6 of the goslings Wednesday evening.

---------- Forwarded message ----------
From: Doug Bear
Date: May 27, 2008 7:13 AM
Subject: Illahee Community Meeting

Greetings,

There is a meeting scheduled to recap the progress made and the
schedule for repairing the culvert on Illahee Road. Here is the text
from the release we sent to media last week:

Illahee Road Repair Topic For Community Meeting

What? Community meeting regarding Illahee Road repair schedule
When? Wednesday, May 28, 2008 at 7:00 p.m.
Where? Brownsville Elementary School
Who? Illahee community residents

(Port Orchard) Commissioner Josh Brown is hosting a community meeting
to provide information regarding the repairs to Illahee Road where it
washed out during the December storm. Representatives from the
County's Department of Public Works and the Department of Community
Development will explain the timeline for repairs, challenges
encountered, and answer questions. The meeting is Wednesday, May 28 at
7:00 p.m. in the library at Brownsville Elementary off Illahee Road.
Access the school from the Brownsville Highway end of Illahee Road.

Please help us pass the word to those whom you know. We'd like the
widest attendance possible.

Thanks for your help. Please give me a call if you have questions.

Thanks,
Doug



Douglas E. Bear
Public Information Programs Supervisor
Kitsap County Public Works
360.337.4598

Miscellaneous Items - 5/21/08

Appeal Denied. If you get the Kitsap Sun you know the Illahee Community Club lost its appeal to the County Commissioners regarding the new 42 inch diameter outfall pipe at the base of the community dock. Here is the link to the article in the Sun.

Letter to the Editor. The Illahee Community Club had a statement prepared in case they lost that was read at the end of the Commissioners meeting. The statement was also sent to local papers as a "letter to the editor." They hope it will get published. It is linked here for your information.

Community Club Meeting. The Illahee Community Club will meet this Saturday (5/24/08) from 1:30 - 3 pm at the Sylvan Way library. The club meets the middle month of each quarter (Feb/May/Aug/Nov) and the only place and time available to meet this month at the library was the Saturday before Memorial Day. All Illahee residents are invited to attend and if you want, to join the club. The yearly dues are only $10 for a person or family. An application form is linked here.

Illahee Community Plan Meetings. Significant progress is being made on the Plan and there are only 3 more scheduled meetings to wrap things up. The county has scheduled 2 additional Monday meetings on June 16 & 23, and we presume they are at the Unitarian Church. The dates for June are now June 2, 16, and 23 and the time is from 6-8 pm. Illahee residents are welcome to join the group.

Gosling Count. Fourteen goslings were reported in the area north of the community dock. Eight fairly good sized goslings in one family, and six smaller ones in another.

Lowest Tide of the Year. On June 4th will be the lowest tide of the year. According to the phone book it will be a -4.1 at 1:15 pm in the Bremerton area.

Jim Aho

Miscellaneous Items - 5/17/08

Miscellaneous Items

Upcoming Meetings

Illahee Community Plan Meeting Monday (5/19/08). The meeting location has been changed from the Unitarian Church to the County Administration Building (the Port Blakely Room on the 3rd floor). The time is from 6 to 8:30 pm. The reason for the change in location was for Illahee citizens to be able to hear the Commissioner's decision on the Illahee Outfall Appeal, probably about the time the Community Plan meeting ends. A number of community members wanted to attend the Commissioner's meeting and possibly comment during the public comment period at the end of the meeting.

Illahee Forest Preserve Meeting Tuesday (5/20/08). Meets Tuesday at the Fairgrounds from 6:30 to 8 pm at lower level of the Eagles Nest, Parks Department office area.

Illahee Community Club Meeting Saturday (5/24/08). This is the quarterly club meeting. Some have asked if this meeting could be moved to Tuesday or Wednesday since it is Memorial Day weekend. Right now the meeting is scheduled for the Sylvan Way Library from 1:30 - 3 pm on Saturday. We will provide more information on this meeting in another update.

Wildlife Items

Piddocks. The recent low tides have many checking out the beaches. One person reported something they hadn't noticed before, which is a clam like mollusk, called a piddock, which burrows through sections of hardpan (hardpan is a very dense compacted clay). There are a number of these piddocks just south of the Illahee State Park dock approximately half way between high and low tide.



Goslings. The Canada geese now have baby goslings. Last year residents watched seagulls snatch many of the small babies as they swam between the adults. The gulls were too fast for the adults to respond.

Opossum. We also have baby opossums seen eating cat food. Two photos of one of the opossums were forwarded and are attached.


Fund Raiser. We have been asked to note a fundraiser at the Outback.

This is to let you know of a fund-raising lunch you might enjoy at Outback Steakhouse in Bremerton on May 24. The menu includes BBQ chicken, steak, burgundy mushrooms, rice, hot bread, a variety of beverages, and dessert. Lunch tickets are being sold now for $15 per person. Two seatings are available: the first lunch is from 10 a.m.-11:30 a.m. and the second from noon -1:30 p.m. The lunch/silent auction is being hosted by parents of Bremerton High School seniors to raise money for a graduation night event following the graduation ceremony. Please contact Kay at 479-1049 or kayaho2000@hotmail.com to purchase tickets.
It really is a great lunch for a worthy cause. It's quite informal...a buffet line manned by Outback staff. There is also an array of silent auction items contributed by local merchants/restaurants to bid on, if that is your interest.


Please continue to send us information to pass on.

Jim Aho

Appeal Hearing Report - 5/13/08

Appeal Hearing Report

The Illahee Community Club's appeal of the Illahee Outfall project was heard Monday evening by the County Commissioners.

There was a good attendance of Illahee citizens along with Beaver Creek residents. Other interested parties were also in the audience.

The county staff gave a report and responded to questions by the Commissioners, primarily Commissioner Josh Brown. The questions centered around storm water and there were questions regarding the fact that the outfall project and initial development was just the first phase.

Ryan Vancil represented the Illahee Community Club and essentially covered the items in the pre-brief that was sent out in a previous update. He said the county needed to consider all the issues, not just most of them, such as the failure to consider the public health issue of dumping storm water on a public beach and fishing area. He stated that the county provided no evidence that they had considered that issue, and others.

Ron Templeton represented the MT Illahee Corporation. He essentially said the county and the Hearing Examiner got everything right in their ruling and all the issues being brought up by the Illahee Community were just "red herrings."

The staff was asked a few more questions by the Commissioners regarding the county's use of the 1992 Department of Ecology's storm water manual verses the latest manual which was issued in 2005. Some of us think the last response by the county representative was less than factual.

Following the testimony the commissioners began their discussions. Commissioner Brown said he would like to look over the materials and decide next Monday. Commissioners Angel and Bauer indicated they were ready to decide to deny the community's appeal. After a few moments Commissioner Bauer said that he respected Commissioner Browns desire to decide next week, and the decision was put off until their next meeting, which is Monday evening May 19, 2008.

That is our report of the hearing.

Afterwards there were discussions of the hearing. We tried to capture some of them.

The Club's attorney, Ryan, advised members early on that the Commissioners routinely side with the staff and against anyone filing an appeal. Based on what happened last evening, he was right.

If the Commissioners would have decided Monday evening they would have rejected the community's appeal.

Will they decide differently next week? Chances are not in the Club's favor.

So what does the community do next, if the appeal is denied?

The choices are to accept defeat or appeal the decision to Superior Court.

Some have suggested that the dumping of storm water at a public beach and dock is such an affront to any community, that it needs to be fought, until someone listens. "There has to be some sane officials out there somewhere." One attendee suggested the cost of bringing this to the next level be investigated and suggested the Club "....find 60 members who will agree to donate $150 and I will be the first to contribute from my retirement pension."

Others have said we need to find out how far the Port of Illahee is willing to go on their Superior Court suit to prevent the applicant from locating the outfall under the Illahee dock.

The issues need to be resolved as any decision to appeal to Superior Court needs to be made within 21 days following an unfavorable ruling.

Another issue that is looming on the horizon is Timbers Edge, which will have a far greater impact on the Illahee community if it proceeds as currently planned. Does the community utilize its limited resources on the Outfall Project or Timbers Edge?

The Illahee Community Club has scheduled a meeting on Saturday afternoon, May 24, 2008, to discuss these and other issues. They know it is Memorial Day weekend but that was the only time available at the library. The meeting time is from 1:30 - 3 pm.

The Community Club would like to get a indication from the Illahee community on how you would like to proceed if the appeal is denied next Monday.

We will pass on any comments to the Club officers and board.

Jim Aho

Meetings & Responses - 5/11/08

Reminder of Two Important Upcoming Meetings

Appeal Hearing on Monday (5/12/08). The Illahee Community Club's appeal of the Illahee Outfall project will be held Monday evening at 7:15 pm in the Commissioners Chambers at the County Administration building.

Illahee Community Plan Citizens Meeting on Tuesday (5/13/08). The Illahee Community Plan meeting is also being held at the above facility on Tuesday at 6:30 pm. The anticipated agenda is a more thorough review of the Natural Resources chapter of the Plan, which includes many items of importance to Illahee citizens, and likely some other major items.

Information provided by Illahee residents

Seattle Times Article re Stormwater. There was a very timely article in the Seattle Times that talks to many of the issues of concern to Illahee residents that was passed on to us today. The first link is the article and the second an accompanying illustration:

Wildlife Responses. We received several responses to our wildlife update and we wanted to pass two of them on.

Jim, we lost three eagles last week. The PSE wood butchers cut trees within 50 ft. of the eagle nest in Illahee. They were told about the nest and just ignored the advice. They blew the two adult eagles off the nest and the eaglets were in the nest alone and predators killed them The other incident was in Seabeck at Apex Airport. There was a report that an airplane hit an eagle and did not report it. We did see the eagle on the ground and it could not fly and it got away from us in the brush and we searched for two days and could not find it. I am sure the coyotes got the eagle. Regarding the Illahee nest I am working with Shelly Ament, WDFW in developing a color coded eagle map for local tree crews.
Jim Trainer


Its good to know about the bees, I'm not seeing very many here, next door to RUE VILLA. We also have possum, three deer, otter (under my house), seems to be fewer raccoons, I too saw the fish top feeding, I think last Tuesday. We seem to have more Kelp this year and the fronds seem to be about two to three feet. That has not been on our beach since our return 9 years ago.........I was a child here until 19 years old. The bay is so muddy now, its hard to imagine how long it will take to settle out. Probably not in our life time.


Keep passing information to us and we will send it out to the community.

Jim Aho

Wildlife Report - 5/10/08

It is time to pass on some wildlife information that has been given us.

Osprey - A number of people have reported seeing osprey flying regularly along the Illahee shorelines. Osprey are a little smaller than a bald eagle, and appear to be more of a speckled white and grey color. The easiest way to distinguish between an osprey and a bald eagle is the underside of an Osprey is white. They are primarily fish eaters and stay close to the shorelines.

Bald Eagles - Those living along the shorelines report seeing fewer bald eagles than usual, which could be because they are nesting. We had a report of a bald eagle eating a medium sized fish while in a tree near Rest Place. We also heard second hand that one of the Illahee bald eagle nests with two babies in it was abandoned after a tree trimming crew came too close to it with their boom. We don't know much more so if anyone has any information on this situation, please pass it on so we can let people know.

Salmon? - Those who watch the water along the 3 miles of shoreline we have in the Illahee community have likely noticed smaller fish surface feeding both out in the middle of the bay and closer to shore. Some have suggested it might be new chum salmon slowly leaving the Sound on their way to the ocean. It is amazing to think of the number of fish that must be out front and pass through the Illahee community.

Fish in Illahee Creek - Following the December 3rd storm is has been hard to imagine that there are still fish in Illahee Creek. One would have thought that they all got flushed out. During water quality checks of the creek the end of March and the end of April, small fish of unknown identity were sighted.

Muddy Beaches at Low Tide - During the low tides this past week there were reports of brown muddy coatings of the lower beach areas. It is surmised this was the result of the December 2007 storm.

Bees - We had a report of swarming bees in Illahee. There can only be one queen bee in a bee colony so when there are two a colony or hive will split, which is evidently what happened. Our resident Illahee bee keeper, Roy Barton was called and got them into a hive. We have pictures which are attached. Roy and his wife Vickie have HoneyHill Farm in North Illahee and sell honey. If you notice any swarms of bees, such as are in the pictures, Roy would like to know. His number is 613-0175.

Possum - More and more possum seem to have moved into the area. Some cat owners are reporting possums in the daylight feeding on their cat's food. Possums have also been reported run over just outside the Illahee Preserve. If anyone would like to provide the community more information on possum and what to do with them, please pass it on to us and we will put it out to the larger Illahee community.

Please send us any wildlife, or other information, of interest to the community, and we will pass it on.

Jim Aho

Illahee Outfall Appeal - 5/9/08

The Illahee Outfall Appeal Hearing is Monday (5/12/08)

Hearing Details: The Illahee Community Club's appeal of the Hearing Examiners decision will be held Monday evening (5/12/08) at 7:15 pm in the County Administration Building in Port Orchard. Our limited understanding of what will happen is as follows: The Club's attorney, Ryan Vancil will have approximately 10 minutes to argue the Club's case, followed by a rebuttal by the Appellant's attorney, Ron Templeton. If the attorneys don't use all their allotted time there may some following comments. The Commissioners will not make a decision at the hearing, but will take it under advisement and issue their ruling at a subsequent meeting. It is a "closed hearing" meaning only the issues previously presented can be discussed. The pre-briefs were filed today, Friday, with the County, by both parties.

Show Your Support: Illahee residents are encouraged to attend the appeal hearing. It is helpful when community members attend these hearings as it is a visual demonstration that the community is behind the appeal and is interested in seeing that the right decisions are made.

Issues Could Not be Worked out in Time: Community members have met with the applicant and their engineers on several occasions to see if some sort of compromise could be worked out. The Community Club wanted to delay the hearing in hopes that the complex issues could be resolved, but the applicant wanted to proceed with the hearing.

Public Health Issue: One of the issues that seems to be dominant among Illahee citizens is public health concerns with dumping more storm water at the dock. When the 24 inch diameter outfall was put in in the mid 1990's local residents noticed a decrease in fish and shellfish at the dock. With increasing home density from the development of the small legacy lots in historic Illahee, additional storm water, and its inherent pollutants, will be increasing. The Community Club is concerned that the stormwater either not sent to an outfall at the base of the dock, or that it receive basic treatment and be discharged to deep water.

We have extracted the public health writeup from the brief which reads as follows:

A. The County Failed to Consider Public Health Issues.
RCW 43.20.050, in reference to bathing beaches, states "No bathing beach shall be maintained or operated when such water is determined by the health officer to be so polluted or subject to pollution as to constitute a menace to health if used for bathing." The Illahee dock and adjoining beach is used by the community for swimming in the summer and is used by SCUBA divers year round.
Additionally, the dock and beach provide an area where fishing and the gathering of shellfish for food consumption take place. As indicated at the hearing, when a sewage spill occurred in the Illahee North development (February 2004), high concentrations of fecal coliform bacteria were conveyed to the dock outfall and the dock area was posted from February 2 to February 27, 2004. This is just one indication that the public health issues need to be evaluated at this public beach and dock facility.
There is no evidence that the County considered the public health issues associated with the outfall. This argument was raised by the Petitioners at the hearing (See e.g. Ex. 99) and the Examiner failed to address it in his decision. This is one of the primary concerns of the Illahee community and represents a major failure of the County and the Hearing Examiner to consider the human environmental impact of the outfall under SEPA. The Hearing Examiner states in his decision regarding groundwater, aquifers and wells, that "Finally, the Kitsap County Health District had no comments or conditions regarding the project (Exhibit "27")." The Health District had "no comments or conditions" only regarding wastewater and potable water. The Health District did not conduct a public health review on the other aspects of this project, including the outfall. The Hearing Examiner appears to have erroneously concluded that the Health Department has approved all aspects of the project when in fact only a wastewater and potable water review was completed.


As previously stated, the complete text of the pre-brief is attached if you want to read further.

The Illahee Community Club hopes to see you at the appeal Monday evening and appreciates your support.

Jim Aho