The co-founder has also been ordered to repay $47,000 of the funds that he stole.
Dredging and construction is expected to wrap up in February 2025.
Investigators are working to determine whether the man was brought into the U.S. from Canada illegally.
Similar projects are currently operating in Bellingham and Concrete.
Smith was last seen in Anacortes on June 23.
The restrictions are expected to remain in effect through September 14, but the end date could be extended depending on weather conditions.
BPD acknowledged there was a delay in notifying the public after a woman was assaulted at Lake Padden on June 22.
Construction on the first phase of the project, which includes the childcare center and housing for families, will begin this October.
No charges will be filed against the victim or the gun’s owner.
Properties for sale include buildings/land in Whatcom County as well as a waterfront site on San Juan Island.