||| FROM CINDY WOLF, SAN JUAN COUNTY COUNCIL MEMBER |||
The Killebrew Road culvert replacement is not a discretionary project scheduled at Council’s request. It is a mandatory replacement happening because of the washout. It comes with multiple time constraints and construction specifications called out by the State and Federal Governments. When major damage occurs to roads belonging to a County in Washington, Public Works Departments must apply for permission from State and Federal agencies to make the road safe and passable to traffic as fast as possible with the best resources available at the time. Permission is usually granted if the County agrees to the lengthy process of designing a fix that meets all the current legal requirements, including for things like fish passage and water capacity. The Washington Department of Fish and Wildlife, Department of Ecology and Army Corps of Engineers are a few of the agencies usually involved. In the case of a culvert blow out, they come out and look at the stream in question, decide whether it is a fish bearing stream according to WDFW criteria, set the minimum culvert size, height of placement in relationship to the stream bed and so on that the County must incorporate into the permanent fix.
Many fish passage regulations are a result of a lawsuit that went all the way to the Supreme Court. There are, for instance, time windows during which in-channel work is allowed. Another factor considered is changing weather patterns. Flash flooding from short periods of heavy rainfall has greatly increased the volume of water channeled by culverts on this bedrock island cracked with steep gullies. To withstand the increased flows, culverts often must be much bigger than the ones currently in place.
Once State and Federal agencies have established specifications, Counties must design the projects and are required to apply for funding and permits to execute the plan. The reason for allowing a temporary fix is that the design and permitting process can take years, so it is not safe or practical to leave a washout untouched until that process has been completed.
The Killebrew project was put out for bid and the winning bid was determined according to criteria established by WA State law and County code. The contractor is being paid a lump sum. Given the cost of labor, they have a strong financial incentive to finish as fast as possible. They have provided us with an estimated date of completion. No one has any interest in prolonging the situation.
The County owned right of way is narrow for the scale of construction, which will require a crane. There is no extra right of way available during construction in which to build a bypass or a foot bridge. The County staff continues to work with the contractor to explore alternatives for handling traffic. Council is holding a special meeting Tuesday to hear from the Public Works Director about feasibility and cost. When it became clear that Dolphin Bay Rd was the only County owned alternate route available, part of the planning was to put the Orcas Road Crew on alert for extra maintenance to include weekly dust tack application and grading. The County staff want to do their duty by the neighbors to the best of their ability given the circumstances.
I have also been asked why a bypass was built during the Cormorant Bay culvert repair while the Killebrew neighborhood will need to use a detour. There is only one other road out of the Cormorant Bay neighborhood, and it is privately owned. The neighbors who own the private road declined to grant temporary permission for public use. Fortunately, the neighbors near the culvert were willing to grant right of way for a bypass during construction. I did not take part in the negotiation, but I am very grateful to the neighbors and to County staff for figuring out a way this could happen.
All the information in this explainer is part of the public record. As is always the case with planned road closures, Orcas Island Fire and Rescue has been informed so they may plan for continued service. The neighbors are understandably upset by the significant disruption, but the County is working with limited choices.
If a temporary bypass were essential to residents of eastern Killebrew Lake Road, doesn’t the County have the right to invoke eminent domain? It should even be established that when the project is over, such claimed land would revert to the original owner. And be returned, as near as possible, to the original condition.
Eminent Domaine still requires the payment of a fair fee to the land owner.
Joe,
That’s eminent domain is not only a nasty and lengthy option, it is physically difficult and not practical to create a bypass around that work zone due to the slopes on both sides and wetlands as well. It’s a tough site to bypass.