>Outfall Settlement Statement – 3/5/09

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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.

2 thoughts on “>Outfall Settlement Statement – 3/5/09

  1. >I just read your email and your statement and have some comments.1. Thanks to the ICC group for stopping the dock outfall.2. Thanks for slowing the stormwater to the bay.3. Hope you are working on mentioned raingarden and infiltration pit to complete efforts.4. Will the new outfall be as large as the dock outfall was supposed to be?5. Where is Berg Street? Don’t you mean Wise Street?6. Do the Wise St people feel the same way we did about the outfall?7. I see progress, but the job is not finished!!!!!!

  2. >Let me try to respond to Anonymous’s questions. Berg Street is the name that shows up on some county maps. You are right in that it really is an extension of Wise Street. I’m not sure of the outfall size, but it will generally be larger than the conveyance piping because the flow velocity needs to be dissipated which increases the outfall’s diameter. We met with the adjacent homeowners and while they are not happy they seem to understand. The way we can help them out is to make sure the Fern Street rain garden and detention pond infiltration pit projects are implemented when the outfall goes in. The rain garden would probably be on private property. The proposed pit is on county property and would need public funding, or possibly a grant. Hope all this helps. Jim Aho

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