2023-04-24-minutes-public-works-study-session

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DISCUSSION: PW has spent the past couple of months reviewing our regulatory requirements along with any permit discretion we have in county code and state law. We have also evaluated the water district serving Elk Meadows to understand operational issues associated with McElroy Bridge use. Staff have also begun working to secure terrestrial access to the water district's system reservoir located on the far shore of the Yakima River. Consultation with the Board of County Commissioners (BoCC) legal advisor (Kittitas County Prosecuting Attorney's Office) has produced a resolution imposing a temporary land use moratorium on far shore properties (EXHIBIT 3). PW proposes notifying the EMHOA of our determination of non-compliant status of McElroy Bridge. The currently imposed deadline of November 15, 2023, is not a workable timeline for the EMHOA to develop a course of action. It is essential, however, that staff define a project timeline that is reasonable for resolving the fate of the existing McElroy Bridge. Staff proposes engaging the community on potential solution timelines in concert with the Federal Emergency Management Agency, the Washington State Department of Ecology and the Washington State Department of Fish and Wildlife. It will likely take a couple of months for EMHOA to obtain an opinion on the probable technical solution to making the McElroy Bridge compliant. The FCZD, PW and other federal and state agencies will likely allow a performance period on the part of EMHOA (say four months). A detailed plan for compliance will then define project actions and associated timelines. Permitting actions and associated timelines will also require definition. Failure in meeting compliance plan implementation actions and timelines will result in code enforcement actions up to and including closing the bridge to use and/or bridge removal. Staff believes anything short of this outcome, will not be favorably met by state and federal regulatory agencies. The community is not a rich one. PW presumes the EMHOA has limited financial resources. Navigating state and federal permitting requirements requires skills best acquired by practice. PW is well skilled in securing the wide range of permits supporting bridge replacements. Consideration should be given, by the BoCC, affording EMHOA access to PW permitting expertise with assistance from state and federal agencies. The BoCC may also desire technical expertise from PW assisting in the development of the required compliance plan of action. While current PW resources are limited, the likelihood of success on the part of the EMHOA is low, given the need to demonstrate significant resolve to state and federal regulatory agencies on a compressed timeline. The BoCC, in directing support of compliance plan creation, must acknowledge that resources spent in the effort may ultimately fall short of avoiding bridge closure or removal. FISCAL IMPACTS: Undetermined at this time. ATTACHMENTS: EXHIBIT 1: FCZD FLOOD DEVELOPMENT PERMIT EXHIBIT 2: PW PRIVATE BRIDGE STANDARDS REGULATORY EVALUATION EXHIBIT 3: PROPOSED LAND USE TEMPORARY MORATORIUM Page 2 of 5 Public Works "Work Session Staff Report", 2023