Showing posts with label outfall replacement. Show all posts
Showing posts with label outfall replacement. Show all posts

Sunday, December 6, 2009

Miscellaneous Items - 12/6/09

What Happened to the Updates?  We have had inquiring about why there have not been any recent Illahee Community Updates, especially in light of the frequency of past reports and the Timbers Edge appeal, that was reported in the Kitsap Sun.  The short answer is we have been impacted by a combination of travel, visitors, internet and router problems, and a relocation to put in an oak floor.  This Update is being written from a temporary location in the garage.

Bear Report in Gilberton?  We are very late on getting the following email report out.  It came in on Nov 25th.

We didn't see him but are sure a bear attacked our bird feeders last nite.  Stole the suet --broke a bolt tearing a rebar down to get it.  We are on Sandy rd. in Gilberton.

Missing Great Dane?  We had a call about the possibility of the missing Great Dane being in Illahee.  We called and relayed the message and didn't heard anything back.  

White Trash Bags Along Illahee Road.  We noticed lots of white trash bags along Illahee Road and are wondering what group did the trash pick up all the way to Brownsville.  It appears they did a great job as there are lots a bags along the road.  If anyone knows please let us know so we can thank them.

Christmas Ships Coming on December 18th.  We heard the Christmas ships from Brownsville will be coming along the Illahee shoreline on December 18th.  More on that later as we get more information. 

Timbers Edge.  We were out of town when the Kitsap Sun reported about the Illahee Community Club (ICC) appealing the Commissioner's Timbers Edge decision.  The link to the article is attached below.

Appeals Dependent on Community Funding.  As we understand it the ICC filed the appeal when it appeared the pledges to fund the appeal began to come in.  The appeals are costly and we have been asked to remind residents that funds can be sent in to the Illahee Community Club, P.O. Box 2563, Bremerton, WA 98310.

Court Date.  We spoke briefly with the ICC lawyer before the Thanksgiving holiday and remember the first appearance before the Superior Court as being on January 10, 2010.

Shorelines Hearings Board Appeal.  We also understand the ICC has also filed an appeal of the Timbers Edge project with the Shorelines Hearings Board (SHB).   We will see if we can pass on these appeals in a future Update.

Illahee Dock Outfall Appeal.  It was approximately a year ago that the ICC filed the Illahee Outfall appeal with the SHB, which was eventually resolved to most every ones satisfaction, and possibly with less construction cost to the Canadian developer.  We think this was as close to a win - win situation for most parties as we could get, and a great win for Puget Sound waters.  The finishing touch to that project, which is not the developers responsibility, would be to install a rain garden on Fern Street and an infiltration pit at the second cell of the Illahee North detention pond, and that would nearly fully protect the Sound for that drainage area.

Community & Developer Agreement?  We were provided a copy of a letter addressed to Mr. James, the developer, and Mr. Kuhlman, his engineer, stating that the Community would like to see if an agreement could be reached, similar to the Outfall settlement, rather than going forward with appeals and litigation.  Since the letter was also sent to the press we felt we should pass it on to the community, so it is attached at the end of the Update.

Rain Garden Response.  We had a number of people volunteer to help with the Native Plant  Demonstration Rain Garden project being proposed at the new Illahee Preserve parking lot at Almira.  We will keep you apprised of how this project is progressing. 

Jim Aho

Illahee Community Club
P.O. Box 2563
Bremerton, WA 98310

November 18, 2009

Mr. James, Beach Drive Development
3538 Beach Road East
Port Orchard, WA  98366

Mr. Kuhlman, Team 4 Engineering
5819 NE Minder Rd 
Poulsbo, WA 98370

Mr. James and Mr. Kuhlman:

The Illahee Community Club appreciates the response of September 16, 2009 to the Community’s proposal request of August 5 and August 31, 2009.  We hoped to respond to Mr. Kuhlman’s email earlier, but wanted to wait until the appeal to BOCC was decided and disseminated, which happened on or about October 29, 2009. 

The Illahee Community Club had met earlier this year with community members to determine what the community wanted with Timbers Edge.  It was a long process to get everyone to agree with what was eventually decided upon, and was forwarded to you on August 5, 2009. As stated in the proposal, the majority of the community is not against development, but is desirous of a development that conforms to its existing neighborhoods and without negative impacts to existing roadways, streams and aquifers.

The Illahee Community Club Board left the decision of whether to appeal the BOCC ruling or not with the community.  We are informing you that the community, with the ICC Board’s concurrence, has decided to appeal the BOCC decision to Superior Court and to the Shorelines Hearings Board and expect those appeals to be filed soon.

While those appeals go forward, we would like to continue to seek a settlement and would like to begin by responding to Mr. Kuhlman’s email of September 16, 2009.  We also want to thank Mr. James for looking at diminishing the impact on Illahee Creek through infiltration attempts, and fault the Commissioner’s for allowing the use of ambiguous language in the new conditions. 

However, in addition to infiltration, a major issue for the greater community and specifically those around the development is that of sewers.  Mr. Kuhlman implies in his email response that sewers are required by the Health District while the opposite is the case as county code and the Health District allows for septic systems in this area, albeit with the current zoning designation. 

The community feels that the change to septics will result in such a reduction in the infrastructure costs that the profit margin will be similar.  Our estimates are based on the new sewer line installation going under Illahee Creek, rather than in the roadway above the creek, along with the elimination for roadway requirements and modifications, and possibly the elimination of a shoreline outfall.  Also eliminated are the costs of further studies and much of the infrastructure engineering charges.

The community has asked that we convey to you that they hope we can come to an agreement.



                                                                                                                Barney Bernhard, President
                                                                                                                Illahee Community Club

Copies:  Ryan Vancil, Ron Templeton, DCD, Kitsap Sun

Thursday, March 5, 2009

Outfall Settlement Statement - 3/5/09

Illahee Outfall Settlement Statement. We have received a copy of the "Illahee Outfall Settlement Support Statement" that has just been mailed out by the Illahee Community Club (ICC) to a rather lengthy distribution list.

Background. We have not gone back to get all the dates, but we remember being aware of the MT Illahee development plans in 2007. According the "Settlement Agreement" copy we have Kitsap County issued a "Mitigated Determination of Non Significance" or MDNS ruling for the project on October 23, 2007. This was approval for a new 42" storm water outfall located at the base of the Illahee Community Dock and the storm water system and development of a roadway and 10 lots on Sunrise Terrace, along with planning for a future development along Rest, Olive, and Hardt Streets.

Port & Community Appeals. The Port of Illahee and the Illahee Community Club each appealed the project, only to have the Hearing Examiner deny the appeals.

Appeal to the County Commissioners. The Port and the Community appealed the Hearing Examiner decision to the County Commissioners, only to have Commissioners' Angel and Bauer deny the appeal on June 9, 2008 (Commissioner Brown supported the appeal).

Appeal to the Shorelines Hearings Board (SHB). The ICC filed an appeal with the SHB on July 7, 2008, feeling the County, the Hearing Examiner, and the two Commissioners did not consider all the facts.

Port Action. In addition the ICC actions, the Port of Illahee had filed a no trespass lawsuit with Kitsap County Superior Court on March 4, 2008 to prevent the developer from cutting into the dock's foundation to install the new outfall.

Settlement Option. With the pending legal hearings and costs to both sides, ICC members met with one of the developer's engineers to see if they could come up with a mutually acceptable solution.

Settlement Agreement. The meetings eventually resulted in a "Settlement Agreement" signed by the MT Illahee Corporation, Kitsap County, the Port of Illahee, and the Illahee Community Club.

Agreement Timetable. The timetable of the agreement required revisions to the Shoreline Permit and the storm water system which were recently completed and approved by Kitsap County.

ICC Required Actions. There were several stipulations or requirements for the Illahee Community Club, including completing a "Settlement Statement" and sending it to the ICC email list, posting it on the Illahee Community Website, submitting it to the County, and forwarding it to local papers.

Jim Aho

ps Attached is John Lind photo of a tugboat going through Illahee.


Saturday, February 28, 2009

Information On Upcoming Updates - 2/26/09

Update Frequency. It has been awhile since the last update and the inquiries as to why are continuing. We have been busy with other things and also there has not been any email inputs received that could be passed on, except for some photos and a verbal report on some owl activity. That situation is changing as you will note below.

Grant Report Distributed. The Port of Illahee has distributed the "Illahee Creek Watershed Surface Water Management Plan" that was prepared by Parametrix and funded primarily by the Department of Ecology. We have received a copy of Port distribution letter, and the report itself, and will try to get them to you and on the website soon.

Illahee Outfall Settlement. We also found out the Illahee Community Club has completed a "Settlement Support Statement" letter that describes the benefits of the outfall settlement to the community and to the developer. Once it is signed we will obtain a copy and send it out to all our our email list, which was one of the stipulations of the settlement.

Puget Sound Partnership Reps in Illahee. We have received information that several representatives from the Puget Sound Partnership will be looking at various sites in Kitsap County on Sunday (3/1/09) and one of those sites will be Illahee. They will be meeting at the Illahee Preserve for a quick tour of Illahee and are evidently interested in what is happening with Illahee Creek and the impact of the creek on the Sound.

Missed Meeting Reports. We have been asked to keep up with reporting on recent Illahee meetings as many have advised us they have other obligations and can't make all the meetings. We understand and will try to get reports out on the January and February meetings.

Short Update. Look for more information on each of these items soon. We will likely send a separate Update out on each one with a link to the actual document so you can comment on them if you want.

Illahee Information. Please send us any information you think the community should be aware of and we will pass it on.

Jim Aho

ps The photos are of the new Preserve parking lot being installed and are from John Lind.



Thursday, January 8, 2009

Important Items - 1/8/09

Minor Illahee Oil Spill. Anyone walking by the Illahee North detention pond early this week noticed green and white oil absorbent pads placed at the stormwater outfall coming into the pond, and green pads placed at the overflow outlet where water was leaving the pond. Emails to the Health Department found the pads were placed by Kitsap County Public Works personnel in response to calls from Illahee North residents who reported an oil sheen visible on the pond waters. The county was unable to determine the source of the spill which evidently was visible just as the pond was freezing over but not reported until the ice left. See the attached photos showing the white and green absorbent pads.

Tightlining. The stormwater system in Illahee North tightlines the 20 acre development's stormwater into the detention pond where the water is detained and the overflow is then discharged at the Illahee community dock. The problems with this type of stormwater system is there is no aquifer recharge or bioinfiltration close to the source of the stormwater. Experts have determined that the earlier requirements for these ponds were inadequate and that there are now better methods and systems for taking care of stormwater. Also, when there is a contamination problem like a sewage spill or oil spill, overflows from the pond are tightlined directly to Puget Sound.

Illahee Outfall Mailing. On Wednesday many Illahee residents received a "Shoreline Permit Revision" notice from Kitsap County. This is the settlement outfall that better distributes overflow stormwater to Puget Sound rather than concentrating it all at the Illahee community dock. We have presented the details of the settlement in previous Updates which are also available at the website illaheecommunity.com.

Bio-Infiltration Swales. The new Sunrise Terrace development is using bio-infiltration swales which will process 90 to 95% of our normal rains back into the aquifers and only the overflow will be directed to Puget Sound. This is the direction the Department of Ecology and the Puget Sound Partnership is recommending for handling stormwater and is a great improvement over the tightlining system discussed earlier.

Cost of Legal Challenges. The "Settlement Outfall" was a compromise agreement between the Illahee Community Club, the Port of Illahee, and the MT Illahee Corporation. The end results are improved methods for handling stormwater. But, it also comes at a substantial cost in dollars for the Illahee Community and the Port of Illahee, not to mention to the developer. Just the Community Club's legal costs of the Outfall appeal and the Timbers Edge appeal were $20,000 in 2008.

Timbers Edge - Waiting on Hearing Examiner. The Timbers Edge project appeal is waiting on the Hearing Examiner's decision. The community just received the attorney's bill for the closing argument portion of the hearing and they find themselves $3,000 short.

Volunteer Donations Needed. The Illahee Community Club urgently needs donations to its legal fund in order to continue to work for agreements such as the Settlement Outfall. The Hearing Examiner hearing the Timbers Edge appeal has a nearly 100% record of siding with the County so they expect further appeals may be needed. This is a situation where the community voted with its contributions in 2008 and will need to do so again in 2009 if things are to proceed.

Revised Illahee Boundary Map. We are waiting for a revised Illahee Community Plan Boundary map from the county and will send it out when we receive it.

Jim Aho

Thursday, November 20, 2008

Illahee Dock Outfall Settlement? - 11/20/08

Settlement of Illahee Dock Outfall Appeal? It appears there will be a settlement of the Illahee Dock Outfall appeal to the Shorelines Hearings Board (SHB).

Background For New Readers. There has been an ongoing issue with a development in Illahee that planned to install a second stormwater outfall at the Illahee community dock. The issue made the papers, went through a hearing before the Hearing Examiner and the County Commissioners, both of who approved the new outfall despite community and Port of Illahee objections.

Appeal To The Shorelines Hearings Board. The Illahee Community Club (ICC) felt neither the Hearing Examiner nor the County Commissioners understood the gravity of the public health aspect of their decision to allow essentially untreated stormwater to be dumped onto a public beach and swimming area, and appealed to the Shorelines Hearings Board.

Port of Illahee Trespass Suit to Superior Court. The Port of Illahee was also involved in their own way in that they filed a no-trespass lawsuit in Superior Court as the development proposed installing their new outfall directly under the Illahee Community Dock.

Parties Remained Cordial. Despite the legal wranglings the parties remained cordial and several members wondered if there wasn't a way that we could resolve our differences.

Engineer Berni Johnston's Efforts. Berni Johnston, the engineer from Team Four, continued to met with two Illahee community engineers in order to see if something could be worked out. Berni was a member of the Illahee Community Plan Citizens Advisory Group (CAG) and understood the community was not against the development, but wanted stormwater cleaned and infiltrated rather than tightlined to the bay, along with some zoning issues.

Community Understood Need For Stormwater Infiltration & Outfalls. The community understood that with the underlying soils in Illahee that 90-95% of the rainwater, that comes slowly, can be infiltrated back into the ground and into the aquifers. They also understood there would always be a need for stormwater overflows to Port Orchard Bay for the major storm events like the Dec 3, 2007 storm.

Another Option Surfaced. It was during those discussions to minimize the impact of stormwater in the area that another option surfaced. It was noted that much of the existing volume problem was from the Illahee North detention pond overflow that should have gone to a Berg Street right-of-way outfall, and that that outfall will eventually be needed to handle any future development in the basin. By doing what should have been done years ago, the proposed outfall at the dock would no longer be needed.

One Remaining Community Issue? Only one smaller pre-existing stormwater pipe coming from above the development would probably end up being connected (tightlined) to the stormwater overflow going to the newly proposed Berg Street outfall. This is only item, and a small one at that, that could not be accommodated with a bioswale option in the settlement agreement. This small sub-basin will require some community effort and possibly an upslope rain garden to take care of water treatment and infiltration.

Benefit to the Developer. There are also benefits to the developer, in addition to not having to fight the ICC or the Port of Illahee in court. The Berg Street outfall should be an easier installation. No pre-treatment Vortechs vaults need to be installed. The developer is also using stormwater applications that better respect the environment and Puget Sound.

Overall Benefits. The overall benefit of this settlement is to the environment which includes the aquifers, which are overallocated in Illahee, and to the waters of Puget Sound, which are being adversely affected by stormwater discharges tightlined to the salt water. This settlement is a step in the right direction that goes beyond what is legally permitted to doing what is environmentally right. In the end we think it will be even less expensive, in spite of the legal costs, except for the community and Port whose legal costs are significant. Ironically it took a dedicated community and one dedicated engineer to make the settlement happen.

Status of Settlement? The basic technical agreement exhibit needs to be finalized. The legal document has been prepared and reviewed by the lawyer teams and is ready for signatures from MT Illahee Corporation, Kitsap County Commissioners, Port of Illahee Commissioners, and the Illahee Community Club Board of Directors, and is expected to be completed by Monday, 11/24/08.

Jim Aho

Thursday, November 6, 2008

Miscellaneous Items - 11/6/08

Frustrated Gillnetters in Illahee Waters. We have a couple of reports about some gillnetter boats in the Illahee waters. The first was on Wednesday when a sea lion was seen taking salmon from the gillnet. The sea lion would splash the salmon on the surface of the water and the fisherman were seen trying to scare it away with their flare gun. On Thursday evening there must have been a seal or a sea lion bothering another gillnetter because there were two shotgun blasts about 5 pm. The fisherman have told us they can defend their nets with shotguns and they evidently sometimes have to.

Seals on Area Floats. The seals are back on area floats, with one float along Illahee having numbers in the mid teens nearly every morning.

Break-in Email. We have received a number of responses thanking us for sending out Ed Hamilton's information about the break-in at his mother's house and reminding us to watch out for each other's homes. Thank you Ed for the email.

Dock Outfall. There is progress being made on a possible settlement to the outfall at the Illahee dock. A settlement agreement document was in the process of being prepared by the Illahee Community Club, when another much more detailed document was being prepared by the attorney for MT Illahee. Now it looks like it will take some time to work on settling on the agreement writeup. We think the attorneys must love this all the way to the bank. The good news is we have the potential to have settlement that can be a win-win situation for all parties, if we can now settle on the writeup.

Sewer Hearing on November 17th. The Illahee Community Club (ICC) has retained a wastewater expert to watch out for the Illahee Community's interest when the Timbers Edge project runs a sewer line over a mile long over Illahee Creek and through the historic section of Illahee. New notices were reportedly received by residents within 200 feet of the shoreline where the sewer line will be run, but they were not sent out to other residents along the route, even though the Kitsap County Code says residents along the sewer line are required to hook up. The ICC's lawyer complained to the Hearing Examiner (HE) about this but evidently the Examiner is not concerned, and the hearing seems to be going ahead for November 17th. For those close to these issues, they are upset with the county and the HE on the notice situation.

Citizens Advisory Group List. The final Citizens Advisory Group (CAG) list needs to be completed this weekend and turned in early on Monday. We need to hear from everyone regarding how you want your name listed, and if you want your name on the list. We just reached the number 90 and need to hear from the rest of you soon.

Keep those reports coming in!

Jim Aho

Wednesday, July 30, 2008

Illahee Outfall Appeal Update -7/26/08

Update on the Illahee Outfall Appeal. It has been over a month since the Illahee Community Club decided to appeal the locating of a 42 inch diameter stormwater outfall at the Illahee Community Dock and we have been asked to provide an update. The original notice went out as an update on June 19th and is included at the bottom of this email.

Things are Happening Quickly. The pre-hearing conference was held this past Thursday (7-24-08) and everything seems to be on a fast track, with Discovery (a legal term we are just learning about) to be completed by August 4, 2008. Some other legal item needs to be completed in early September, with the hearing dates scheduled for October 7 & 8, 2008 (The first day will be at a location in Kitsap County and the second day will be at the Board's hearing room in Lacy, Washington.) We will provide more information when the pre-hearing conference results are published by the Shorelines Hearings Board.

Thank You to Those Who Have Already Donated! Donations in support of the appeal continue to trickle in which is encouraging to the ICC Board of Directors and they thank you for your help.

Status of Donations. Approximately half of the funds (about $4000) have been raised for lawyer fees. The Club is still working on an expert witness list and will need to determine those costs.

This is not where community members want to spend their money but they also have stated to the Club that they don't want to roll over and let another injustice be done in and to our community.

Contributions Still Needed. Contributions are tax deductible, as allowed by law, since the Community Club reorganized in December 2007 as a 501.c.3 organization. They can be sent to the Illahee Community Club, P.O. Box 2563, Bremerton, WA 98310. Please note on gifts that they are for the Outfall Legal Fund.


This link is to the 6/19/08 Update that described the SHB appeal.

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


Tuesday, July 29, 2008

Illahee Outfall Appeal to the SHB - 7/10/08

Appeal Filed. The proposed Illahee Outfall Project to put a 42 inch outfall at the base of the Illahee Community Dock has been appealed to the Shorelines Hearings Board (SHB) by the Illahee Community Club.

1980's Appeal. This is not the first time the Illahee community has appealed a proposed project to the SHB. At least twenty years ago community members successfully opposed a fish pen project the county had approved for the area (about a third of a mile north of the Illahee Community Dock). Aquaculture (salmon rearing pens) was a new business being introduced to the state at that time and a newly arrived Illahee shoreline resident successfully convinced the county that Illahee was a prime area for commercial salmon pens. The problem that residents, and eventually UW scientists realized (who testified for the community during the SHB hearings), was the tidal flushing actions were insufficient in Illahee to carry away and disperse the wastes. There were also concerns by the nearby neighbors with many of the commercial aspects associated with the project.

Small Illahee Group Funded the 80's Appeal. This previous situation required local citizens to take the County and the applicant to a state hearings board to see that the right thing was done. There weren't many citizens who came forward to support that appeal and it was costly for those who stepped forward. The Illahee Community Club wasn't active at the time so nearby residents organized the "Illahee Community Betterment Committee" to help with the fight. Their initial goal was to get 12 families to each contribute $500 for the appeal and they ended up with just enough money. They retained John Merkel, a respected and powerful Seattle attorney, which was one of the keys to their success, along with several UW professors. As we move forward with the present appeal it is good to remember this earlier SHB appeal and thank those who are still around for their efforts.

NIMBYISM? Was this previous appeal NIMBYISM (Not In My Back Yard)? It could appear so, but the concern was backed up by the scientists who agreed that the Illahee location was not appropriate. The Illahee group did not fight against fish pens when they were later located in Kitsap County where there was sufficient tidal movement.

SHB Hearing This Week. Two residents attended a SHB hearing on Tuesday and Wednesday of this week regarding the Harper Road Widening and Outfall Project. Tuesday the Board met at Long Lake and then met at the SHB headquarters in Lacy on Wednesday. The Illahee residents feel it is a benefit to get out of Kitsap County and before a board that is trained to handle these kind of issues. They also noted the importance of expert witnesses, and that the Harper group had some very good ones.

Lessons From Past Hearings. One of the lessons learned from talking with those involved with recent hearings is that the expert witnesses can cost as much or more than the lawyer. The fact is that these appeals cost significant dollars and emotional energy and a group or individual to take a leadership role in coordinating the efforts. The Illahee Community is fortunate to have an active Illahee Community Club board to take on these issues, not to mention the Port of Illahee who has filed papers to prohibit the running of the proposed outfall through the community dock's foundational structure.

Status of Appeal Funds. We understand approximately $3000 came in from the first email appeal that asked for 60 individuals to contribute $150. Many wanted more information regarding the appeal and asked if it was a wise use of their money, especially with the Timbers Edge project expected to be approved by the County soon. (Timbers Edge was a concern a few years ago and the community funded studies that showed the project would cause problems along the slopes, would affect the underlying aquifers, and could decrease the flow in Illahee Creek by 20% thereby jeopardizing salmon rearing. It appears at this point that the County has ignored or discounted those studies and is moving ahead to approve the project. This will likely be another fight with our County officials who are supposed to be watching out for our streams, aquifers, and salmon.)

Additional Financial Support is Needed! The Illahee Community Club needs additional significant support for appeals like the Illahee Outfall Project, though gifts of any amount will help. The goal is to spread out the costs among community members so no one takes too big a hit on their pocketbook. These fights are not what many of us want to be involved with, but since our County officials are not supporting us, we are left with no choice.

Periodic Updates. We have been asked to provide periodic updates, such as this one, on the status of Community Club's legal fund, and will try to do so every week or so. Let us know what questions you have and we will try to get answers.

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

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

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

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

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

Saturday, May 3, 2008

Miscellaneous Items - 5/2/08

Illahee Community Plan Meeting on Monday 5/5/08. This is the meeting that was originally scheduled for 4/28/08. Representatives from the Kitsap County Health Department will be there to presumably discuss items like septic systems, sewers, stream monitoring for contamination, and other related issues. The meeting is at the Unitarian Church on Perry avenue and begins at 6 pm. All Illahee residents are welcome.

Illahee Outfall Appeal scheduled for Monday evening 5/12/08. This appeal before the county comissioners was discussed in a previous update. Because the appeal was scheduled at the same time as the Illahee Community meeting, the Illahee Community Plan meeting was moved to Tuesday evening 5/13/08 (see the next item).

Illahee Community Plan Meeting on Tuesday evening 5/13/08. This will be the 6th meeting in the series and we think it will be a more detailed discussion of Chapter 4. The county evidently could not find a meeting space in the Illahee area and decided to hold the meeting at their facilities in Port Orchard. The meeting is scheduled to begin at 6:30 pm rather than the usual 6 pm, in order to give people time to travel to Port Orchard. We will provide more information on the 5/13 meeting in a later update.

Timbers Edge. We have heard that the developer is completing reports the county asked for and they expect a hearing soon afterwards. This is a major high density development along side Illahee Creek that will forever change the Illahee community if it goes ahead as planned. We have asked the county planner for this project for a briefing so that the community can better know and understand the details of the development being proposed. Again, we will provide more information as it becomes available.

Wetlands on Third Street? We have had a number of residents call to ask about the excavation work going on at the Gilberton Creek headwaters south of Third Street between Sunset and Rest Place. It is reported to be a very wet area upstream of the culvert where the wet black dirt is being removed and trucked away. Residents said they have contacted the county to find out more information, with one report coming back that the county is aware of the situation and that the county approved the removal of the wetland appearing area as part of a buffering averaging formula. Please note that this is all second hand information so we are hoping for a more detailed report and will pass on what is provided.

Illahee Road Washout Project. The county provides monthly status reports on the Illahee culvert replacement project at the Gilberton Creek washout. This link is the end of April 2008 status report.

Peregrine Falcon sighted. Over the years we have had reports of Peregrine Falcons in the area. These birds are some of the fastest animals in the world, reaching speeds up to 100 miles per hour. The sighting was possible because the falcon hovered giving the resident an opportunity to positively identify it.

Raven menaced by crows. We have had ravens in Illahee for the past 4 or 5 years. Ravens are at least twice the size of crows and the crows harass them whenever the ravens are around, which brought this to the attention of a resident. When you see both of them together the size difference is readily noticeable. Also, the raven has a much deeper and distinctive call than a crow.

Keep supplying us news. Keep providing us information and we will pass it on to the community.

Jim Aho

Friday, May 2, 2008

Illahee Outfall Appeal to County Commissioners - 5/1/08

May 12, 2008 is the date of the upcoming Illahee Outfall appeal to the County Commissioners.

BACKGROUND:

Phase One. The MT Illahee Corporation has proposed a phased development of a number of legacy lots in Illahee. The first phase is 10 homes on 1.03 acres on Sunrise Terrace. (Note that the developer said it was 10 homes on 2.41 acres but they included the county right-of-way in front of their 10 lots and approximately a quarter mile of the roadway going to Ocean View Boulevard.)

Phase Two. The second phase is for approximately 50 plus homes on slightly larger than legacy lots (47 ft x 90 ft instead of 40 ft x 90 ft) located further up the hill and south of Ocean View boulevard. Note that the lot size is still less that allowed by our current zoning which would require a 65 ft x 90 ft lot. Also note that the club has entered into discussions with the developer in March 2008 and asked that he consider increasing the size of their lots to conform with the current zoning (along with more infiltration and outfall options while he in turn is considering increasing the stormwater treatment level).

The Outfall. The first phase, and the second phase, requires piping the storm water downhill to the Sound. The existing 24 inch outfall pipe that has been problematic for the community since it was installed in the early 1990's is not large enough to accommodate the volume of stormwater from the new homes and roadway, thus requiring a new 18 inch line and a 42 inch outfall next to the existing outfall and located directly under the dock.

County Approved. The county approved the development on October 23, 2007, subject to some minimal mitigations, and the location the outfall at the Illahee community dock. They also approved pre-treatment (removal of solids) of stormwater rather than basic or enhanced treatment (which remove other contaminants).

Community Opposition. When the community met to discuss the proposed development and outfall, they voted overwhelmingly to oppose certain aspects such as the higher than zoned density, the stormwater not being significantly infiltrated or treated, and the dumping of the storm water at the base of the dock. The Illahee Community Club filed an appeal regarding the County's SEPA (State Environmental Policy Act) determination, as did the Port of Illahee.

The Hearing. The hearing was held on November 8, 2007 and the Hearing Examiner approved the project with some additional mitigation and denied both the community's and the Port's appeals. (They were told in advance that the Hearing Examiner, who is hired by the county, politely listens to citizen appeals, and nearly 100 percent of the time, sides with the Kitsap County staff and against the citizens.)

Decision to Appeal. After reading the Hearing Examiners decision the Illahee Community Club felt the Hearing Examiner did not follow SEPA regulations and failed to consider some some of the facts presented, and so they decided to appeal the decision to the County Commissioners.

Why Appeal? This appeal to the Commissioners is limited to the items discussed or presented during the hearing, and history is not favorable for those appealing. The Commissioners, like the Hearing Examiner, nearly always support their county staff, and normally deny citizens appeals. Some have said it is a waste of the $500 filing fee, not to mention thousands of dollars in lawyers fees. The Illahee Community Club felt the issues too important to not have an opportunity to present their case to the Commissioners and want to see where the Commissioners stand on the issues.


PREPARATION FOR THE HEARING

Postponement Request Denied. At the February 2008 meeting of the Illahee Community Club it was decided that the club should look at working with the developer to see if they could come to some agreement rather than spend money on legal costs. Several representatives have been meeting and looking at various options, and proposed a postponement of the May 12 hearing to the developer (which needs to be agreed upon by both parties) in order to have more time to discuss the issues, but proposed postponement was turned down, so they had no choice but to begin to prepare for the hearing.

Board Members Meet. Members of the Illahee Community Club Board of Directors met on 4/30/08 to go over some of the issues.

Only Minutes Allowed for Appeal. One of the problems is that only 15 to 20 minutes are allotted for the appeal, which doesn't allow much time cover some significant and complex issues. However, they are able to submit of brief of their written arguments.

Request for Help. There are a couple of areas currently being researched and with limited time they requested we put out a note that they could use some help. Please respond to this email if you know of someone who might be able to help and we will pass that information on.

Jim Aho

Wednesday, March 5, 2008

Recent Meetings - 2/26/08

This is a quick summary of recent meetings.

Community Plan Open House Meeting Monday (2/25/08). The highlight of this meeting for many of us was to see the printed up copy of the draft of the Illahee Community Plan. It looked like a professionally produced document, and it also reads like one. We wish more of the original and subsequent members of the CAG were there to pick up a copy and look through it. You have another chance next week.

Next Monday (3/3/08) the first working CAG meeting begins at the KUUF Church @ 6 pm to review Vision statements and the Illahee Community Borders, and we presume other issues, so we hope to see those of you who missed the open house meeting. The meeting schedule is every other Monday beginning on 3/3/08 from 6-8 pm, with all meeting at the church, except for 4/14/08 which meets at the Library. The county will be bringing in experts to answer questions as they go through the Plan chapter by chapter. The complete schedule will be on the KC website and we will put it on the illaheecommunity.com website calendar.

Our planners, Katrina, and her assistant Jonathan, will probably put out a press release on the Open House meeting so we won't elaborate anymore here.

Illahee Community Club (ICC) Meeting Saturday (2/23/08). This was a serious ICC meeting as they looked at a number of Illahee issues including the Hearing Examiner's recent decision to deny the Club's appeal and approve the Illahee Outfall Replacement project. The community is having a hard time understanding how another outfall can be installed at a public beach and swimming area.

A group of members had met earlier to see if there wasn't a possible alternative solution to the outfall issue that would be satisfactory to everyone. They presented their proposal and asked the Club to support it, which after some discussion they voted to proceed with the proposal. The first requirement of the proposal is to have a storm water engineer verify the plan is a sound one. The second requirement is to make sure the county will support it. The third is to see if the developer would be willing to develop to the existing zoning instead of using legacy lot options. The timeline is to start working on this right away and try to get it done before the BOCC appeal begins. They are doing this because Mr. Harowitz said he wanted to work with the community, which he has never approached, so we want to see if he really is serious.

The other issue was Timbers Edge and the fact that it is located in a critical aquifer recharge area. The Illahee Forest Preserve sent a letter to the BOCC and DCD regarding the complex land issues associated with aquifers, base flows, and salmon streams. They requested the Fir Drive Aquifer Recharge Area be exempted from the mandatory sewer requirement for urban areas based on the results of previous studies conducted in the area. They noted they have had no response from the county since that letter went in, and are hopeful it is receiving consideration.

An Extremely Important Upcoming Meeting on Tuesday (3-11-08). A major meeting of great importance to Illahee residents is a Port of Illahee / Department of Ecology Grant Mid-Project briefing scheduled for March 11, 2008 at the Norm Dicks Center. Presenters will be Dr. Derek Booth, Dr. Joel Massmann, and Erin Nelson. They will talk about the geology, the hydrology and storm water issues affecting Illahee. These are highly respected scientists who will help us better understand some of the underlying natural features of this area. Keep this date open on your calendars. We will provide more information later.

Jim Aho

Thursday, February 28, 2008

News Items - 2/20/08

New Parking Lot Plans for Illahee Preserve - The Kitsap County Parks and Recreation Department has developed preliminary drawings for a new parking lot and entry into the Illahee Preserve near the intersection of Almira and Fuson. The Illahee Preserve Stewardship Committee reviewed and approved the plans Tuesday evening and the plans were then presented to the East Bremerton Rotary on Wednesday. (The Rotary group has expressed an interest in helping the Preserve with its entrances and contributed significantly to the Thompson Lane entrance along with their ongoing trail work.) As we understand it, Phase 1, the new parking lot is planned for 2008, followed by a Phase 2 restroom facility, hopefully in 2009.

Updated Illahee Community Plan on Community and County Websites - The February 2008 version of the Plan is on both websites now and only needs to have figure 3.1 replaced with a corrected map, which will soon be posted on the Illahee community website, in order for it to agree with the text. Note that this Plan update was developed by the CAG and has not been approved by the county. This version will be the starting point for coming up with a plan acceptable to both the residents and Kitsap County.  Community Plan on IllaheeCommunity.com

Community Meeting on Monday (2/25/08) Evening - This is the meeting announced by Kitsap County by postcards to all Illahee residents. The meeting will be Monday evening from 6-8 at the Unitarian Universalist Fellowship Church on Perry Ave. We hope all of you can make it to this important meeting to hear about the county process and meet our Planner, Katrina Knutson and the DCD Director, Larry Keaton.

Illahee Community Club (ICC) Meeting Saturday - This meeting is the quarterly meeting of the Community Club that was reorganized in 2007 to support Illahee issues. It is open to all residents, but does have a small membership fee of $10 per family in order to be a voting member. The meeting is on Saturday (1/23/08) at the Library on Sylvan Way beginning at 1 pm. We will send out the agenda for this meeting when it becomes available.

Illahee Outfall Appeal filed with BOCC - The Illahee Community Club did appeal the Hearing Examiners decision on the Illahee Outfall Project. The Club felt the decision was an erroneous interpretation of the law and facts in a number of different areas. The Club is asking the Board of County Commissioners (BOCC) to remand the project back to the Department of Community Development for a proper environmental review.

If you have other news items that should be reported please let us know.

We hope to see you at the upcoming meetings.

Jim Aho

Monday, February 18, 2008

Illahee Outfall Proposed Appeal to County - 2/17/08

As reported in the Kitsap Sun on Sunday (2/17/08), the Illahee Community Club (ICC) is going to appeal the recent Hearing Examiner's outfall decision. The appeal verbiage is scheduled to be finalized Tuesday (2/19/08) and hand delivered to Kitsap County before 4:30 p.m.

Some advised the ICC that the Commissioner's nearly 100% of the time back up the Hearing Examiner, which didn't make their decision easy, since the cost just to file the appeal is $500, and then there are the lawyer's fees on top of that. They concluded the issue was too important to not try and convince the Commissioners that locating another outfall at the dock was a very bad decision.

The ICC put out an email to its Board of Directors with a proposed statement that may be a clue as to the basis of their appeal. It read:

"The deleterious effects of discharging storm water directly on a public beach and swimming area were not addressed by the applicant, the county, the Health Department, nor the Hearing Examiner. This omission is too egregious for the citizens of Illahee to ignore or let pass."

We will pass on more information as it becomes available to us.

Jim Aho

Monday, February 11, 2008

Illahee Outfall Appeal DENIED - 2/8/08

We were hoping this would have been reported in the papers by now. We need to report it quickly because of the short appeal window should the community want to take this to the next level.

Outfall Project Approved. The ILLAHEE OUTFALL REPLACEMENT has been approved by the Hearing Examiner.

Community Appeal Denied. APPEAL DENIED was the decision he rendered to the Port's and Citizen's efforts to question the County's decision to approve the outfall and the legacy lot projects.

Community Ignored. The Hearing Examiner agreed with the county and the developer on all counts, and discarded the issues brought up by the Port of Illahee and the Illahee Community.

Community Disappointment. This decision was a great disappointment to everyone we talked with. The common question, paraphrased, was: How can the county, who is supposed to be responsible for promoting health and welfare issues, continue to dump essentially untreated stormwater at the base of the Illahee community dock, where the public recreates and where people swim? (Note that the developer's engineer said it will be treated, but what they are doing is only removing suspended solids, and the technical term for that level of treatment is referred to as pre-treatment.)

Appeal to BOCC? The next decision is whether to appeal it to the next level, the Board of County Commissioners. The cost used to be $200 to file, but as of a week ago, it was raised to $500. Any appeal needs to be filed by February 19. 2008. We will be anxious to hear what the Port of
Illahee and the Illahee Community Club decides. Let them know your thoughts.

42 Inch Outfall. We received the attached photos that 1) show the existing 24 inch outfall, and then 2) a doctored up photo that shows what the second newly approved 42 inch outfall might look like.

1)

2)

Community Comments? Once this goes out by email it is later put on our website illaheecommunity.com where it can be accessed by clicking on "weblog" in the upper left hand corner. At the bottom of the update you can click on "comment" and add your own thoughts and see what others are saying. Our website group is hoping this will be a way for everyone to interact and see how the community feels about issues like this.

Jim Aho