Report of Monday's Meeting - 5/18/10

Illahee Community Meeting Monday Evening (5-17-10). We attended the Illahee Community meeting on Monday and found out that many have been working quietly behind the scenes to protect and preserve Illahee interests.

Meeting Times Discussed. This meeting was held on a weekday (Monday) evening rather than a weekend and it was the consensus of most that they preferred a weekday evening over a weekend meeting.

Storm Surge Area Identified. Over the years many Illahee residents have wondered where the storm surges originated from that were polluting Illahee Creek and Puget Sound. We saw a map of some 130 acres of land north of the golf course with roads and approximately 400 home/trailer sites where most of the storm water from that area is piped directly under McWilliams Road to the ravine in front of the golf course bridge. When that surge of storm water hits the deeply incised canyons of Illahee Creek it picks up sediment that is carried down Illahee Creek and out into Puget Sound where it can be seen for miles. Many had no idea of the size of that area that was draining (being tight-lined) into Illahee Creek and it helped explain where the surges were coming from and why they had such a devastating impact on the creek and the Sound.

Rain Garden Target Area. Portions of that area are now being targeted for rain gardens to see if they can start to mitigate the surges. The Kitsap Conservation District (KCD) has a Rain Garden Cost Share Program that will help reimburse residents in unincorporated Kitsap County with up to $500 per rain garden (applications and details are available from KCD).

Map of Master Plan. Also presented was an updated Master Plan map showing Phase 1 (completed) and Phase 2 (future) Acquisitions and Conservation Easements, which are needed for the Illahee Preserve/Illahee Creek Restoration Project. (Note that the map is part of the attached partition.)

Illahee Creek Restoration Project. The purposes or goals of the Illahee Creek Restoration Project were presented as they realized many are unaware of the extent of the project. We have included that information below:

The purposes (goals) of the Illahee Creek Restoration Project are: (1) to acquire Illahee Creek riparian corridor properties including those that constitute prime salmonid spawning and rearing habitat; (2) to restore salmonid use to near historic levels; (3) to restore the natural ecological processes of the riparian corridor and the watershed; (4) to control the storm water surges and excessive sedimentation that plague Illahee Creek and Puget Sound (through retention and bio-retention facilities); (5) to raise the height of the Illahee Creek culvert to compensate for the raised flood plain in the lower reaches of the stream and to prevent the possible washout of the culvert and Illahee Road; (6) to eliminate fecal coliform sources that pollute Illahee Creek; (7) to restore aquifer recharge to levels that support the base flows in Illahee Creek necessary for salmonid use and survival; (8) to inform and educate the local community and the public at large regarding the above issues and involve them in the restoration processes, and(9) to facilitate public use and enjoyment of the anticipated restored natural features and ecological processes of the Illahee Preserve and Illahee Creek.

While Illahee Creek is only a small salmonid player in the West Sound Watersheds area, with only small runs of chum and coho in a good year and intermittent use by steelhead and cutthroat, it is a major polluter of Puget Sound with excessive amounts of sedimentation being deposited into the Sound during storm events. And although much of its stream corridor and watershed consists primarily of prime habitat (65% undeveloped with most of that protected), a relatively small area of early development, constructed before storm water mitigation regulations went into effect, has resulted in over 40 years of excessive sediment pollution of Illahee Creek and Puget Sound. Additionally, Illahee Creek is also impacted by diminishing low base flows during times of low precipitation, along with the presence of fecal coliform pollution in the stream.

Note that significant progress has been made over the last few years to begin to document the issues and accomplish some acquisitions and some restoration, primarily through earlier grants (Recreation and Conservation Office (RCO), National Fish & Wildlife Foundation (NFWF), Coastal Protection Fund (CPF), and Department of Ecology (DOE)). It is estimated that roughly 15 -20% has already been accomplished.

Note also that the Illahee Community, the Port of Illahee, the Illahee Preserve support groups, and Kitsap County have additionally committed resources and are working collaboratively to accomplish the purposes and goals of the restoration project, with financial support, volunteer labor, inter-local agreements, etc., and by applying for available grants to keep the project goals moving toward completion.

Legal Issues. The appeals by the community to Superior Court and the Shorelines Hearings Board (SHB) were discussed with both being settled and dismissed. We will cover the SHB dismissal because it affects what happened next in the meeting.

SHB Dismissal. The dismissal order from the Shorelines Hearing Board was issued earlier this month along with a copy of the "Settlement Agreement." The "Settlement Agreement" had a number of items associated with it and we will try to give a brief summary of the document. There are two main items with the first being that the developer will gift the open space lands to the Illahee Preserve if the SHB appeal is dropped. The second item being the developer will give the Port of Illahee an option to purchase the Timbers Edge properties and they will not begin development until later this year to give the Port time to decide whether they are interested.

Port Position. The Port Commissioners have stated that as elected officials they want to support the community so they need to know what the residents want. The community asked them what they needed and they responded that if over half of the number of voters in the last elections agreed that they should purchase the property which would necessitate raising the tax rate, they would consider it. Roughly half of the residents voted in the last elections (1000 out of roughly 2000 registered voters). This means that the Port would be looking for 500 plus residents to say they would support the Port's actions necessary to purchase the property.

Port Petition. As a result of Port's position, the Illahee Community has come up with a petition drive to see what the will of the people is with regards to the Master Plan and with Timbers Edge. We have attached the complete petition to this email and have included the petition verbiage below:

Petition to Help Save Illahee Creek & Puget Sound

+++ Request for Citizen & Port Help! +++

Background:

Illahee is endowed with unique natural features that have resulted in a state park, a community dock, a salmon stream, a large park/nature preserve, and a golf course.

Illahee State Park and the Illahee Preserve purchases were the results of community campaigns to preserve these areas.

The Illahee Preserve was recently expanded (from 352 to 460 acres) through grants and community action (Phase 1) to help protect Illahee Creek.

Excessive sedimentation nevertheless continues to destroy salmon habitat, pollute Illahee Creek and Puget Sound, and threatens to wash out the culvert under Illahee Road. Immediate action is needed to obtain critical watershed properties to help protect the stream and Sound (Phase II).

Fish are also threatened by low base flows (during non-rainy periods). Critical aquifer recharge areas, such as the Timbers Edge properties, are needed to support rain water infiltration necessary to resupply the aquifers and help keep Illahee Creek a viable salmon stream.

Petition:

We call on citizens to sign this petition and request the Port of Illahee to take the following actions:

That the Port look at grants and means to control the storm water surges that plague fish, Illahee Creek, and Puget Sound, and will impact the community if Illahee Creek culvert washes out.

That the Port pursue grants and other means to protect/secure Illahee’s critical aquifer recharge areas, such as the purchase of the Timbers Edge properties (a willing seller).

That the Port pursue grants and other means to restore Illahee Creek as a fish bearing stream.

That the Port look at means to perpetuate Rolling Hills as a community golf course open to the public.

We understand the “other means” will necessitate temporarily raising Port taxes (a maximum increase of $126 per $250,000 assessed value) for several years, but that the property purchased from these additional taxes will produce revenues that will then decrease Port taxes in the future.

We need to have approval from 500+ residents before the Port will act.

Please return ASAP to:

ICC Petition to Port of Illahee, PO Box 2563, Bremerton, WA 98310

Or give to an Illahee Community Club member who will forward it on.

--------------------------- Please tear off and return the section below, and keep the map & write-up as a reference. ----------------------

_____Yes! I agree with the petition and add my signature in support of the Port taking these actions.

_____No! I am sorry but I cannot support the petition. (Please let us know your reasons.)

Comments: ______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

NAME _____________________________________SIGNATURE__________________________________

ADDRESS __________________________________________EMAIL__________________________________

CITY, STATE, ZIP ___________________________________________________PHONE__________________

500 Plus Signatures Needed. As you can see this will be an ambitious task to obtain 500 signatures from the registered voters within the Port of Illahee boundaries (which are essentially the Illahee Community boundaries, with a few exceptions).

Meeting Vote. After a lengthy discussion time with many questions asked, a vote was taken, which passed unanimously. The Port Commissioners stated they would hold additional meetings to give other opportunities for residents to ask questions.

Your Thoughts?. This is a crucial decision point in the life of Illahee and we would like to get your thoughts, whether your agree or not with those who attended the meeting.

Jim Aho

Important Meeting & Miscellaneous Items - 5/11/10

Illahee Community Meeting Monday 5/17. There is a very important Illahee Community meeting on Monday evening, May 17th, beginning at 6:15 pm, at the Library on Sylvan Way. The consensus at the last meeting was to try and hold community meetings on a weeknight evening rather than a weekend afternoon, as this time of year there are many other competing events.

Critical Topics Will Be Discussed. There are a number of critical items that the Illahee Community Club (ICC) board has been working on for the community and will be discussed at this meeting as noted below.

Superior Court Suit. The ICC filed suit in Superior Court over the fairness doctrine and the issue has been resolved.

Shorelines Hearings Board Suit. The ICC filed suit with the Shorelines Hearings Board and that issue has also been resolved in a unique way.

Settlement Agreement. A settlement agreement was reached with regards to the Timbers Edge development and this settlement needs to be presented to the community at this meeting. Not every one is happy, but if certain things transpire we think the community will benefit.

Phase 2 Acquisitions & Easements. In addition to all that is going on legally, the various Illahee Preserve groups and the ICC have endorsed the Phase 2 Illahee Preserve/Illahee Creek Restoration Plan. This is a monumental plan to protect and preserve the the Preserve, Illahee Creek, and Puget Sound. We have attached the map showing past acquisitions and the future plans.

Rain Garden Target Area. The area north of the golf course was developed when there were no requirements to contain or control stormwater and so over 100 acres are tight-lined (piped) to the North Fork of Illahee Creek (just north of the golf course bridge) which is largely responsible for the brown silt laden waters that extend out into Puget Sound during significant rain events. We are looking at rain gardens in this target area to help slow down the water and the impact to the stream.

Petition For Port Assistance. The ICC is also trying to come up with a petition requesting Port assistance with the Phase 2 Plan, and will be looking for signatures from residents. They will try to have copies available at the meeting.

Future of Illahee Will Be Determined By These Issues. The future and look of Illahee will be determined by some of these issues and your input is needed.

Port of Illahee Commissioners Will Be In Attendance. The Port of Illahee commissioners will also be in attendance to answer questions.

Other Meetings Will Likely Be Scheduled. If you can't make this meeting let us know what times work out best for you and other meetings will be scheduled. The issues are too important for anyone not to understand what is going on or to have their questions answered.

Other Illahee News. On the wildlife side there are several reports.

Canada Goose Families. The number of Canada goose goslings continues to increase. The oldest group of goslings numbers 4, the next number 5 (was 6), and the smallest group also numbers 5. Below is a picture of the middle group.

Nearshore Salmon. Several Illahee residents helped with the 24 hour beach seining this last weekend on Bainbridge Island and report the shorelines in the area are filled with small salmon and cutthroat. They saw lots of chum, pinks, and coho, and a few really nice Chinook, and were amazed at how small salmon become dispersed along the shorelines throughout the Sound once they leave the rivers.

Chicken Coop A Frame. We received pictures of a simplified chicken coop A frame from an Illahee resident and wanted to pass it on.

Update Photo In Patriot & CK Reporter. It was nice to open the Bremerton Patriot & CK Reporter and see the photo we took of the CK students working in the Illahee Preserve rain garden. The students were from Olympic High School and their effort was greatly appreciated.

Jim Aho

Important Meeting Reminder - 2/19/10

Saturday Illahee Community Meeting.  There is an Illahee Community meeting on Saturday afternoon, February 20th, at 1:30 pm at the Sylvan Way library hosted by the Illahee Community Club.

Most Important Meeting.  This is an extremely important meeting and Illahee residents are encouraged to attend.  

Illahee Phase II Plan to be Unveiled.  The Phase 1 Plan that added over 100 acres to the Illahee Preserve is now looking at for a second effort which is being referred to as Phase II, and will look at the possibility of adding more land through possible purchases or conservation easements.  The Illahee Forest Preserve group approved the Phase II Plan on Tuesday and is looking for concurrence from the Illahee Community on Saturday.  This is an exciting proposal that if it is ever completed will benefit all of Illahee.

Legal Issues to be Discussed.  The Illahee Community Club is in the middle of two law suits and needs to determine the will of the community as it looks at various options, which we can tell you nearly all appear to be positive, but they need to hear from residents to make sure they are in agreement as to the direction the board is going.  These will not be passed on via email, probably until much later, so residents are encouraged to attend and vote on what they would like to have happen.

Jim Aho

Miscellaneous Items - 2/7/10

February Illahee Community Meeting? The Illahee Community Club (ICC) holds its regularly scheduled meetings the middle month of each quarter and is looking to meet later this month at a time and place to be decided later. This is the meeting where current information about what is happening in Illahee is shared, along with regular reports about what the ICC is doing. Notice of the meeting is provided by signs throughout the area along with notice by email to residents who have provided their email addresses. The signs should be coming out soon.

Appeal Information? There evidently are some issues going on with Superior Court appeal regarding Timbers Edge that we hope will be discussed at the ICC meeting. We have heard something about the Shorelines Hearings Board appeal being delayed for discussions to take place and hope to find out more at the meeting. These appeals have been taken on by the ICC and they note they have been costly and they appreciate the community's continued moral and financial support, both of which are needed.

Illahee Preserve Demonstration Rain Garden. This project to install a demonstration rain garden at the new Almira Illahee Preserve parking lot is a GO. We heard that a majority of the native plants have been ordered from the Kitsap Conservation District and they will be picked up on Friday, March 5, 2010, and that a planting party is being planned for Saturday, March 6th, and possibly as a backup, Sunday, March 7th. Evidently the area has been divided into 5 rain garden areas and volunteers are needed to do the planting. There is a letter scheduled to go out this week that is supposed to describe the project that we will pass on when it comes out.

Why Rain Gardens? The short answer is they help slow down and clean stormwater which is especially needed in the Illahee Creek Watershed to help alleviate the stormwater surges that plague Illahee Creek and Puget Sound. We noticed the article in the Kitsap Sun this week written by Kitsap County Commissioner Josh Brown that helps explain why the county is finally getting interested. When we presented stormwater arguments at the Illahee Outfall appeal, Josh was the only Commissioner that sided with the Illahee Community, and while we lost that appeal to the Commissioners, we ended up with a favorable mediated agreement as the result of the appeal to the Shorelines Hearings Board. The article link is: http://www.kitsapsun.com/news/2010/feb/04/my-turn-stormwater-crisis-needs-solutions-now/

The Other Reason For Rain Gardens - Aquifer Replenishment. The other reason for rain gardens is they help infiltrate water back into the aquifers, which are needed to maintain the baseflow in Illahee Creek (because that baseflow comes from the underlying shallow aquifer). That fact has been established as the results of community funded studies that totaled almost $10,000. (As an aside comment regarding Illahee aquifers, we felt the County Commissioners did little to protect our aquifers in their Timbers Edge decision when they stipulated infiltration, but then added the escape clause "to the extent feasible." If they were really serious about protecting our aquifers, they wouldn't have added an escape clause. Maybe some day the County will come around to respect our aquifers, like they are coming around to be concerned about the effects of stormwater. It seems like it takes too long in Kitsap County for the legislative process to catch up with science.)

Jim Aho

Miscellaneous Items - 1/16/10

Illegal Logging - Awhile back we noted that someone was logging on the Timbers Edge properties. Evidently this was reported to Kitsap County enforcement, who reportedly contacted Mr. Jim James, who reportedly stated that someone was stealing the timber. Since we took pictures of the logged stumps, we were called on Thursday by KC Enforcement for more information. We were not home when the call came in and will call on Monday to try and see if can give them more information.

Logging or Dump Truck Seen on Fir Drive? Theoretically someone should have seen a logging or dump truck with trees in it on Fir Drive in November or December. We would like to get some more information on this illegal logging so if anyone has any information please contact us.

Eyes in the Woods. Interestingly we just received information from another Illahee resident who thought we and the Illahee Preserve might be interested in a program called EYES IN THE WOODS, a non-profit organization of volunteers who assist the Department of Fish and Wildlife (DFW) in protection and perpetuation of our natural resources. It is similar to the "Neighborhood Watch" program only for forests and public lands, such as we have around here.

Upcoming EYES IN THE WOODS Training Class. The Tacoma Sportsman's Club is holding training from 7-9 pm on January 27, 2010. For more information contact see the attached pdf file brochure.

Port of Illahee New Meeting Location. We attended the monthly Port of Illahee meeting on Wednesday at their new meeting location, which is 5560 Ocean View Blvd, Bremerton, WA 98311. We asked if we could take a picture, which is attached, and shows from right to left, Commissioner George Schaefer, Commissioner Dennis Sheeran, and newly appointed Commissioner Mike Mantzke. This new location should make it easier for residents to attend the monthly Port meetings, which are at 5 pm the second Wednesday of the month, or for February 10th for next month.

Brown Storm Water in the Bay. Those living along the water have likely noticed the daily brown silt laden water emanating from Illahee Creek this past week. On Friday we watched as a flock of several hundred feeding American mergansers encountered the muddy water. They evidently were unable to see any fish and flew about a third of a mile until they were on the other side of the brown water.

Mussel Sampling Feed Back. We received several emails regarding the mussel sampling and will pass that information on in a later update.

Appeal Information. We like to provide links to articles about Illahee in our local papers. The following linked story is about the Illahee community's appeal of the Timbers Edge project to Superior Court. We send out our community Updates to the local press and they often call us and when they think they have enough for a story, put one out. We think the papers around here do a very nice job with their stories

Visibility Helping With Donations. One of the benefits of visibility from articles such as the one above, is that some donations are coming in as a result of them. We recently had a $300 donation from a friend who heard about what was happening, and after explaining what the situation was, gave the check to the community to help with the legal expenses. We have been told that donations such as these are needed to continue the appeals

Jim Aho

Timbers Edge Article - 12/29/09

Bremerton Patriot & CK Reporter Article.  Both the Bremerton Patriot and the CK Reporter on December 25, 2009 contained the following linked article "Hearings loom for 110 home Illahee project":  http://www.pnwlocalnews.com/kitsap/pat/news/80073927.html

Nice Summary of Some Timbers Edge Issues.  We thought the reporter, Andy Jones, did a nice job of summarizing in a short article, some of the complexities of the project and the communities concerns. He also contacted the developer's engineer whose responses raised some questions for those reading the article.

Environmental Impact Statement (EIS) Question.  The article raised a question regarding whether an Environmental Impact Statement (EIS) was completed for Timbers Edge since Mark Kuhlman is quoted saying that "an environmental impact study was included with the original permit."  We have gone through the file and there is NO Timbers Edge Environmental Impact Statement in the file.  If they turned one in to the county, then the county failed to mention it or include it in the official file.  

Kuhlman's Sewer Comment.  We also found Mark Kuhlman's statement that "You need sewer systems in urban areas." interesting, since if they developed to the 1-4 homes per acre density, septic systems are permitted.  And moreso, the lower density and septic systems are more appropriate for critical aquifer recharge areas, which is what the expert engineering studies show and what the community is requesting of the developer.

County Failures.  When Kitsap County staff, the Hearing Examiner, and the Commissioners fail to do their jobs to protect residents and the environment, the community is left with no other choice than to appeal those actions, which it is doing with the two appeals.  We have been asked to remind those who can help with the appeal expenses to send contributions to Illahee Community Club, P.O. Box 2563, Bremerton, WA  98311.  Contributions are tax deductible to the extent allowable.

January 8th Superior Court Pre-Hearing.  The Superior Court hearing date of January 8, 2010 is for a pre-hearing date presumably to determine the issues and set an actual hearing date.

Jim Aho

Community Meeting Report - 11/15/09

Requested Report.  We have been asked what happened at Saturday's Illahee Community Club meeting, and responded that we would summarize our response in an update.  We didn't take notes so this is from memory and what we thought significant.

 

How Informed of Meeting?  The ICC president, Barney Bernhard, had attendees tell how they heard about the meeting when they introduced themselves.  There were some who only saw the signs (there were 12 posted at various locations), some got letters (those who were active members without email), and the rest seemed to have gotten emails and most commented they also saw the signs.  What they have found out is that the signs work in letting people know about the meetings, even if they don't attend.  But, then they want to know what happened, and that is what they like about the Updates.

 

Well Organized.  We found the ICC group had established a number of new committees, complete with chairpersons, and seemed more organized than ever.  If you were a member or on their email list all you had to do is check in.  Someone has done some significant work and it showed.

 

Grant Report.  We found the grant information most interesting.  The Port of Illahee's Dept of Ecology grant is huge, over $200,000, that paid for the Parametrix Illahee Creek Watershed Surface Water Management Plan, and the Aquifer presentation at the Norm Dicks Center this summer, along with water quality monitoring of the creek, and future tree plantings along the creek.  The grant evidently also covers a Native Plant Demonstration Rain Garden project being planned for the new Illahee Preserve parking lot. 

 

Rain Garden Vote.  The ICC group voted to support the new rain garden, and has already helped with keeping the weeds down this past summer, which was also one of the service projects during Illahee Days. 

 

Why Rain Gardens?  One of the major findings of the Parametrix report was that we as residents could reduce the impact of storm water on Illahee Creek by residents having their storm water go through rain gardens.  Sounds too simple but evidently it works.  That is why the interest in a demonstration rain garden so that individual homeowners could see what a rain garden is and then create one.

 

Another Reason for Rain Gardens?  If we understand the aquifer situation correctly after listening to Dr. Massmann's presentation this summer.  The Manette aquifer is essentially in balance, which means the water we are pulling out through wells, is basically the same with the rain water that is being infiltrated back into the aquifer.  In other words, it is extremely important for us to find ways to help infiltrate the rains that fall on our properties, back into the ground where it can replenish our aquifers.  We are looking into asking the grant people if they can make available the video that BKAT made and aired following the presentation of Dr. Massmann.

 

Port of Illahee Report.  The Port noted they are proceeding with the purchase of property in the vicinity of the community dock for use as an office.  They noted they are purchasing a solar powered speed sign for along Illahee Road that should be installed by the end of the year.  They are taking applications to fill Don Deitch's Port Commissioner position (Don turned in a letter of resignation) and will announce their decision at their December meeting.  It is nice to have involved and dedicated Port Commissioners.

 

Illahee Community Plan.  We saw this item on the agenda, but they appeared to have skipped over it.  What we did see were CD copies of the Illahee Community Plan and a few paper copies.  Evidently they were just made up that morning and they don't know how much to charge for them, or if they should give them away.  We will try to find out more on the availability of copies.

 

Timbers Edge Discussion.  This was most interesting for many in attendance.  Earlier the Board of Directors was approached and encouraged to appeal the Commissioner's decision regarding Timbers Edge.  The Board said they would only do so if the community would come up with the money or pledges as the Board is liable financially for bills and fees.  At the meeting they were still going through the checks and pledges that had come in and no final report was made. 

 

Legal Issues Discussed.  The legal issues were discussed with one that was very interesting -- it read "Commissioners engaged in unlawful procedure to come to their decision as they came into ex parte contact with staff."  One of the resident Illahee lawyers explained what that meant and we will try to explain it here.  Judges, and those in a judicial capacity such as the Commissioners when they hear an appeal, are not supposed to discuss the case with one side without the other side being present.  According to the ICC, they feel there was such contact.

 

Wikipedia Ex parte Definitions.  We looked the term up in Wikipedia and found the following:  Ex parte is a Latin legal term meaning "from (by or for) one party" and "It is also used more loosely to refer to improper unilateral contacts with a court, arbitrator or represented party without notice to the other party or counsel for that party." and "In the United States, the availability of ex parte orders or decrees from both federal and state courts is sharply limited by the Fifth and Fourteenth Amendments, which provide that a person shall not be deprived of any interest in liberty or property without due process of law."  http://en.wikipedia.org/wiki/Ex_parte

 

[some parts removed because of confidentiality]

 

Sensitive Report.  We understand that the legal items we are reporting on are sensitive to some in the community (they would rather have us not report on legal issues since they fear they will be prematurely passed on to the other side).  We did reduce our Cc list considerably, which was also a conern.  We are trying to report impartially what we hear and know of so the community will be well informed, and feel that some of this information is too important to wait until items, like probably further appeals, are actually filed.

 

Legal Issues Reporting?  Let us know your thoughts on what you would like to see in our reporting of legal issues.

 

Jim Aho

Possible Appeal of BOCC Decision? - 11/2/09

Commissioners' Denial of Community Appeal. On October 26, 2009 the County Commissioners signed the denial of the Community's appeal of aspects of the Timbers Edge project. Once that document was signedthe community has 21 days in which an appeal can be submitted.

Will the Community Appeal the Decision? That is the question that has been asked by many as the article in the Kitsap Sun said the residents were upset with the decision.

Decision Up To Community. It appears, from the information sheet being distributed, that the Illahee Community Club Board of Directors is leaving that decision up to the Illahee Community.

What Happened That Was Upsetting? That is the other question we have been asked and we will attempt to answer it. We know the commissioners did not address all the issues raised by the community, which was one problem. The second appears to be, what has been described as the "wishy washy and weasel word" language of the new condition proposed by the developer and essentially repeated word for word in Commissioner Brown's added condition to the project. Evidently the Community had suggested more definitive language and an added condition, but their request was totally dismissed or ignored. They expected that at least one of their recommendations to be included in the final writeup since Commissioner Brown requested the Community comment on the Developers new proposal. And what was worse was when Commissioner Brown chastised their lawyer for not commenting on the new proposal, which led many to wonder if Commissioner Brown had even read the Community's input. They feel without definitive language in the proposal there are no assurances Illahee Creek's baseflow will be protected. We think that is a fair summation of what happened, based on talking with those who attended the hearing and our viewing of the recordings on BKAT. We have taped the meetings in case anyone is interested.

Mailed Written Decision? We think the written decision will soon be received by the parties of record. We obtained a pdf file of the decision and have attached it to this email for those who won't get it.

Community Appeal Letter. The letter being distributed and sent out to residents and others interested in what is happening in Illahee is provided below. It is self explanatory. It will be interesting to see what the community decides to do.

Jim Aho

ILLAHEE COMMUNITY CLUB - P.O. BOX 2563 - BREMERTON, WA 98310

TO OUR NEIGHBORS ~ The recent decision by our Board of Commissioners approving the Timber’s Edge Project isastonishing. Not seriously considering many issues the ICC brought forth in our appeal on behalf of the residents of the Illahee Community is unacceptable. The Commissioners added modified conditions, but then used ambiguous unenforceable language (with the goal of, with the intent of, to the extent feasible), and then discounted the other six appeal items, and possibly far more serious issues to many residents, such as road and traffic safety, possible storm water runoff, and Critical Areas Ordinance (CAO) standards.

The Illahee Community Club (ICC) voted to continue to support the community’s desires with the Timbers Edge project providing sufficient financial support is received or pledged.

The estimated cost for this next round of legal endeavors will be roughly $15,000, and somewhat less if we only appeal to the Shorelines Hearings Board (SHB). In order to reach this goal, we are in need of immediate and pledged financial contributions. According to our attorney, we have 21 days to respond with legal action once the Board of County Commissioner’s written denial has been received by our counsel. The appeal deadline date appears to be November 19, 2009.

We need to advise everyone that this will not stop Timbers Edge, but rather will hopefully allow it to be further conditioned to minimize its negative impacts. We also hope it may help convince the developer to acknowledge the community’s desires and build a lower density development as stated in our Proposal Letter to him. As stated by an Illahee resident “If Mr. James would accept the Community’s proposal, the Illahee Community will help him sell his homes.”

The ICC Board has already pledged nearly $1,500 to show their support. Several have committed to $30 a month for 6 months, while others have pledged outright gifts of $200 & $300. If just 75 families gave $200 we would meet our goal. If 25 gave $200 we should have enough for the SHB appeal.

Any contribution is appreciated during these tough times. And we thank you now for anything you are able to give!! We would like all of you to become Active (voting) Members in the ICC. A yearly membership per individual or family is only $10, and in joining us you can add you name to the many who support our vision and purposes.

Our annual meeting will be November 14, 2009 starting at 1:30 pm at the Sylvan Way Library. Timber’s Edge issues will be addressed at this meeting along with other community issues.

Should by some magnanimous decision by Mr. James, the developer, agree to the community’s desires and build a lower density development with sustainable environmental choices, we would only need a portion of the pledged funds to pay the legal fees to that point, with any remaining going to support those issues which we have defined by our vision and purposes.

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The ICC is a non-profit organization. All contributions are tax deductable, as allowed by law.

Financial support in the amount of $_____________ is pledged to the ICC.

We Pledge this: Monthly _______ ( 6 months) Monthly ________ (12 months)

One Time Contribution $ ________________

Name _________________________________ Email ____________________________________

Address _______________________________________________________ Zip Code __________

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Timbers Edge Decision Monday Evening - 10/11/09

Important Decision Monday.  The Illahee Community's future look will in many ways be decided on Monday, October 12, 2009, when the County Commissioners decide on how to rule on the Illahee Community Club's (ICC) appeal of the Hearing Examiner's Decision that approved the Timbers Edge project.

Many Concerns.  The community concerns are many and they have been presented in earlier updates.  The big ones are the the small lots (mostly 3400 sq ft), the number of houses (112 on roughly 12+ acres), the traffic on a small roadway (Fir Drive), stormwater issues, sewer issues, and the impact on Illahee Creek and the underlying aquifers.  

Complex Appeal.  Because there are so many issues the chances of the Commissioners making a decision favorable to the community appears remote based on what we have seen so far.

ICC Brief.  At the last Commissioners meeting the two sides were asked to prepare briefs regarding the Modified Proposal introduced by Commissioner Brown.  The ICC was given until Friday to complete their brief.  At the Commissioner's work study session this past Wednesday none of the Commissioners had seen the brief even though it was sent to the Board person on Friday, and therefore there was no discussion regarding the Modified Proposal and the submitted briefs. 

ICC Brief Attached.  We are attaching the brief the ICC attorney, Ryan Vancil, sent in.

Attendance at Commissioner Meeting Important.  We have been asked to remind community members that attendance at the Commissioner meeting is important.  The Commissioner meeting starts at 7 pm on Monday evening October 12, 2009.  Decision only agenda items are normally at the end of the meeting.  Comments can be made after the decision when 3 minutes is allowed for public comment.  The meeting agenda is always posted on the county website.

Update Being Sent From Midwest.  We just were able to get sustained internet services while traveling in Minnesota, Iowa and Wisconsin, so much of this information is gathered from emails provided to us.

Jim Aho

Illahee Beach Nourishment Appeal Thursday in Port Orchard - 9/30/09

Informal Appeal of Illahee Beach Nourishment Project.  As stated in an earlier Update, the Illahee Community Club's request for an informal appeal of the Illahee Beach Nourishment project was finally approved.  We promised more information on the Illahee Beach Nourishment project, so this is what we know.

 

Connected to the Dredging of Illahee Culvert.  The county has a blanket HPA (hydraulic Project Approval) to dredge out all culverts in the county.  The "Illahee Beach Nourishment" project is a new HPA to take the dredged material and place it on top of the Schutt's Point spit in the name of "beach nourishment."  We think this is to be done once a year for five years, though some of those attending the Port's hearing last week on the same subject, thought they heard it could be done twice a year.

 

How Much Material?  We have been asked how much material is being dredged.  The permit says ~50 cubic yards from the downstream end of the culvert.  The material is to be placed on top of the spit in a row 100 feet long by 10 feet wide according to a drawing.  The height would be 18 inches, and if done once a year for 5 years would make it 7 and a half feet high, and double that if it is done twice a year.

 

How Does That Help the Beach?  That is the question we are trying to understand.  The natural movement of beach sediment is to the north in what is called a drift cell.  It is a natural process that probably keeps the Schutt's Point spit area beach sediment intact.  Does the spit need help?  We haven't noticed any problems, and other than just wanting to dispose of the sediment onto the beach rather than in a gravel pit, we don't understand why it is being done.

 

Littoral Drift.  Littoral drift is what we know this movement of sediment to be, though it has other names.  We have attached the wikipedia link if you want more information. http://en.wikipedia.org/wiki/Longshore_drift

 

Attendees?  The Illahee Community Club voted at its last meeting to file the informal appeal.  There were several community members at the Port's informal appeal hearing in Olympia last week.  Illahee residents are welcome to come and express their thoughts. 

 

Beach Silting Problem.  We have talked with a number of residents who have been concerned for years with the silting that has been going on at the beaches from the storm surges of Illahee Creek, and the damaging affect the silt has on clams and oysters. 

 

More Beach Silt?  Some of them are concerned that dumping the culvert sediment, which contains more silt is only compounding the problem.  We are hoping some of them will be able to tell the DFW Appeals Coordinator what is happening to the shellfish now because of excessive sediment, not to mention a proposal to add more.

 

The Ghost Net Guy to Attend.  Dale Thoemke, the ghost net guy, was invited by an Illahee resident to attend.  We are hoping that he, as a diver, will be willing to talk about the damage silting does to shellfish.

 

Port Orchard Hearing Thursday,1 PM.  The meeting is being held at the DFW offices in Port Orchard, which is much better than having to drive to Olympia.  The time is 1 pm.  The offices are at 502 High Street, Suite 112, in Port Orchard.  The DFW phone number is (360) 874-7258 if you need more information.  Or you can call me, Jim Aho, at 479-1049.

 

Jim Aho

Legal Issues Update - 9/28/09

TIMBERS EDGE

 

Timbers Edge Decision?  There was NO decision at Monday evening's County Commissioner's meeting, much to the disappointment of those in attendance, on both sides. 

 

Discussion Focused on New Conditions Proposed by Applicant.  Seems Commissioner Brown wanted to make some modifications to two of the Hearing Examiner's Conditions based on a new proposal by the applicant at the Hearing 4 weeks ago.  He had been working with DCD staff to come up with new language to reflect the applicant's new infiltration proposal.

 

Copies Passed Out.  When the discussion began, Commissioner Brown had copies of the modified conditions passed out to the other Commissioners and to those in the audience.  It was difficult to review the new conditions on such short notice since we didn't have copies of the old conditions, though we think we understand it now.  The explanation of what was happening, was not clear to many of the Illahee residents attending, and it also appeared to take the other Commissioners by surprise.

 

Attorney Comments.  Following some discussion, the attorney for the applicant (Timbers Edge) and the attorney for the appellant (the Illahee Community Club) were allowed to comment.  Mr. Templeton, the Timbers Edge attorney, basically agreed with the conditions but we felt back-peddled on some items.  We wanted to review his comments this evening, but the meeting was not on BKAT as scheduled, and was therefore not recorded by us.  Mr. Ryan Vancil, attorney for the Illahee Community Club, said the language of the modified conditions was not very clear as to what would be allowed and went on to say that issues like this should go back to the Hearing Examiner, where they can be properly discussed.  He also reminded the Commissioners that this new modification covered only one of the issues of concern to the Illahee Community.  Based on the discussion that followed, it appears Mr. Brown had picked this one issue out as his primary focus of the appeal, and didn't appear to be concerned about any of the other issues.

 

Friday Deadline.  The two sides were given until close of business on Friday (10/2/09) to respond in writing to the new conditions that were proposed.

 

Copy Provided.  We have scanned the handout as an image attachment and will try to get a more readable copy later.

 

 ILLAHEE BEACH NOURISHMENT

 

Thursday (10/1/09) Illahee Beach Nourishment Hearing.  The Washington Department of Fish and Wildlife (WDFW) HPA Appeals Coordinator, Lisa Wood, has scheduled the Illahee Community Club's informal appeal to Thursday, October 1, 2009 at 1:00 pm at the WDFW field office in Port Orchard, which is at 502 High Street, Suite 112.

 

Letter Attached.  We have attached the letter regarding the hearing.  We also hope to have time to provide the community more information on what is being proposed, but right now our attention is on responding to the curve thrown us at the Commissioners meeting.

 

Jim Aho

Culvert Dredging & Beach Nourishment Hearing - 9/17/09

Hearing Held Today (9/17/09).   There was an informal hearing held today by the Washington State Department of Fish and Wildlife (WDFW or DFW) in Olympia regarding the approval of the "Illahee Beach Nourishment" project.  This project proposes to take the ~50 cubic yards of sediment dredged from the Illahee Creek culvert and place in on the Schutt's point spit yearly for the next 5 years.

 

Two Groups Expressed Concern.  There were actually two Illahee groups that expressed concern for this "beach nourishment" project:  the Port of Illahee, and the Illahee Community Club.  Both groups requested an informal hearing with the Department of Fish and Wildlife (DFW), but only the Port of Illahee was allowed to present its case.

 

Illahee Community Club Appeal Request Rejected.  The Illahee Community Club's appeal request was rejected because DFW said they didn't receive the letter until September 10, 2009, which was 31 days after the project was announced, and one day past the 30 day requirement. 

 

USPS Investigation Initiated.  The ICC was concerned about the denial as they sent a certified letter to DFW on 1 September 2009 and for some reason it didn't get to DFW until 10 days later.  ICC members contacted the US Postal Service who conducted an investigation since certified letters are tracked and not supposed to get lost.

 

WDF Investigation.  The WDF also conducted an investigation and the ICC was called on Tuesday and told by DFW that it wasn't they who held up the letter, but rather the US Postal Service who messed up.

 

Port Informal Hearing Scheduled for Wednesday (9/17/09).  What is interesting is the Port of Illahee sent their letter out via regular mail probably a day after the ICC letter, and it was received by DFW and DFW set up the informal hearing for the Port for September 17, 2009. 

 

Hearing Was Held for the Port Concerns.  One Port Commissioner and three Port sanctioned residents were given an opportunity to provide oral and written information to the HPA Appeals Coordinator to explain why they believed WDFW was wrong in issuing the Illahee Beach Nourishment Hydraulic Project Approval (or HPA).  During the hearing the Coordinator kept reminding everyone that protection of fish life and habitat are the only issues that can be presented.

 

Two Hour Hearing.  The hearing lasted two hours.  We think the Port's concerns were adequately presented.  Regardless of the outcome of the hearing, we think the beach nourishment concept is flawed for more reasons than we can present here. 

 

Brief Paper Attached.  We have attached the brief paper that was provided to DFW, though we need to state that the oral testimony from the brief was given at the end of the hearing and that some of the questions in the brief had been answered by that time.

 

US Post Office Call.  The ICC received a call from the Post Office in Olympia, after the hearing, that as we understand it, said the ICC letter had indeed been delivered to DFW before September 10.  We heard that the Olympia Postal Service Office was sending an email to the WDF supervisor and we are waiting to see if the ICC will get their hearing.

 

Will the ICC Get Their Hearing?  If the ICC letter was received by DFW before September 10, then the ICC should be able to also have an informal appeal hearing on their issues, prsuming they have something new to present.  

 

Questions? - See Attached Brief.  We hope this email makes sense.  We have attached below the breif that was given to WDF for those who may want to know some of the information that was presented.

 

Jim Aho

 

Informal Appeal of HPA by the Port of Illahee re Beach Nourishment Project

Understanding of the Project

Dredging

1.       Dredging is being proposed by KC Public Works Roads Division.

2.       Dredging is necessary because of the excessive sediment loading of Illahee Creek.

3.       The sediment has been filling the culvert beyond its design capacity since it was built in 1999.

4.       The culvert essentially failed during the Dec 3, 2007 storm and was first dredged in 2008.

5.       Subsequently the culvert filled up again with sediment, though not to the post-storm height, but is getting close to the pre-storm height, and dredging is again being proposed.

6.       Concern of KC Public Works is another major storm could result in the total failure of the culvert.

7.       Public Works Road Division is primarily concerned with removal of the dredged material rather than its placement, and has an approved gravel pit disposal site for the removed material.

Beach Nourishment

1.       Beach nourishment is being proposed by the DFW biologist as a better use of the culvert sediment?

2.       Sediment is to be placed on the inside (land side) of the spit at Schutt’s Point.

3.       The project proposal does not explain how the depositing the sediment from the culvert will nourish or benefit the beach, nor does it describe if it is correcting a beach problem, nor does it explain how it will benefit fish.

4.       The rationale for the beach nourishment phase of the project is not understood by the Port, or the community the Port serves.

Concerns with the Project

Sedimentation

1.       The reason for the dredging and the corresponding beach nourishment project is the excessive sediment loading in Illahee Creek.

2.       Excessive sediment loading is primarily the result of unconstrained storm surges within the watershed caused by the lack of stormwater control requirements for roadways and developments in the 60’s & 70’s.

3.       The sediment load has not only affected the fresh water fish and salmonids, but has also affected saltwater marine life.  The sediment loading has resulted in the silting of the nearshore beach areas well out into Port Orchard Bay, such that silting depth at the base of the Port of Illahee dock measured 32 inches in 2008.  This is a massive sedimentation problem and the reason for DOE Surface Water Management Grant being awarded to the Port of Illahee.

4.       Until the sedimentation problems within the Illahee Creek watershed are made part of an overall strategy plan to control the stormwater surges, there will be the continued degradation of freshwater fish and saltwater marine life.

Schutt’s Point

1.        Schutt’s Point is the location of the placement of the dredged material.

2.       Schutt’s Point has an interesting history both old and new that needs to be understood by those requesting change.

3.       The area of the placement is an estuary wetland that supports local and wintering waterfowl.

4.       During extreme high tides local residents have taken kayaks or shallow bottom boats through the area, however not in the recent past.

5.       The area has some restrictions placed on it because of its fragile nature, by a Hearing Examiner in 2004.

6.       Local residents are having a hard time understanding the rationale for either increasing the height of the spit or the filing in of an estuary wetland in the name of “beach nourishment.”  This point needs to be emphasized, and also reflects one of the Port’s concerns.

Flood Plain

1.       The estuary area is also in the flood plain of Illahee Creek.

2.       During the December 3, 2007 storm, Illahee Creek did as most creeks did, went over its banks and flooded.

3.       The effects of the storm were new stream channels that spread throughout the channel migration zone (CMZ) with one of the primary side streams running through the area designated for placement of the dredged material.

4.       Around the time of the first dredging the stream was redirected back to its main channel, both through the actions of the dredging and the placement of berms to restrict side stream flows.

5.       Again, many of the locals don’t understand the human intervention into an area that is supposed to be left in its natural state, including the placement of the dredged material in or near the channel migration zone.

Fish

1.       The Port has been advised by DFW that the HPA is ultimately about what is best for fish life or fish habitat, which we presume also includes shellfish.

2.       The Port has been involved with fish incubation projects both alongside the stream and at the Port of Illahee dock.

3.       The Port has also been supportive of fish habitat restoration projects within the watershed and particularly along the lower stream corridor.

4.       One of the key elements of the Illahee Watershed Surface Water Management Plan that was funded by DOE and the Port was a study of fish habitat and fish use of the Creek.

5.       The conclusion of the biologists was the excessive sedimentation was the major problem seriously affecting fish and fish habitat in the stream.

6.       As mentioned earlier, excessive sedimentation has also resulted in excessive silting out into Port Orchard Bay which is detrimental to shellfish.

7.       In other words, the same problem affecting the culvert is also the same problem affecting fish and fish habitat, excessive sedimentation.

Supporting Documentation

1.       Parametrix/Stillwater Sciences/Keta Waters “Illahee Creek Watershed Surface Water Management Plan” dated September 2008.  This report describes not only the watershed problems, but also recommended solutions to the sedimentation problem.

2.       HDR Report “Illahee Creek Stormwater Outfall:  Evaluation of Impacts in Response to Kitsap County Shoreline Questions,” dated May 2, 2008.  This report does an excellent job of documenting  the effects of the December 3, 2007 storm on the estuary area.

  

Conclusions.

1.       The concept of dredging year after year without an overall plan only perpetuates the sedimentation problems and is detrimental to the overall concept of supporting fish.

2.        The concept of beach nourishment has not been substantiated as for need and in fact appears to be using the dredged material to raise the height of the spit or fill in an estuary wetland.

3.       A Comprehensive Plan to control the sedimentation problems of Illahee Creek is needed to protect fish, the Illahee Creek culvert, and the estuary wetland.

4.       The HPA should be denied until it can be included as part of a comprehensive plan to resolve the excessive sedimentation loads in Illahee Creek.