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