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HomeMy WebLinkAboutLETTER Quinault South Shore Road Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: Subject: Joint letter from Jefferson County BOCC and Quinault Indian Nation to state and federal agencies Quinault South Shore Road MP 1 .3 Emergency Repair Statement of Issue: Approve the Chair of the BOCC to sign the joint letter from Jefferson County and the Quinault Indian Nation to state and federal agencies for the Quinault South Shore Road MP 1.3 Emergency Repair. Analysis/Strategic Goals/Pro's Et Con's: High flow events during November 2024 in the Quinault River created a 120 ft. long scour hole at Quinault South Shore Road MP 1.3, forcing road closure. The Federal Highway Administration (FHWA) did not initially consider the damages to be eligible for Emergency Repair funding, but later reversed that decision and obligated funds for the repair in November 2025. Immediately Public Works sought permit authorizations and prepared to solicit bids for the repair. The repair will consist of constructing a riprap revetement, rebuilding the road embankment and surfacing, installing erosion control, and re-planting. Public Works has obtained a permit from the Washington State Dept. of Fish and Wildlife, which required a commitment to provide follow-up environmental mitigation, with details yet to be determined. The project also requires authorization from the Army Corps, and a determination from FHWA on how to address Endangered Species Act (ESA) consultation. Contrary to the consistent and historical practice of utilizing an after-the-fact ESA consultation process for emergency project authorizations, FHWA has determined that a full ESA consultation is required prior to performing the repairs needed to re-open the road. The Army Corps authorization also hinges on this determination. A full ESA consultation could take 2 or more years to complete. Jefferson County and the Quinault Indian Nation consider this an unacceptable timeline for completing the repairs and restoring access Fiscal Impact/Cost Benefit Analysis: There is no direct fiscal impact associated with this letter, other than that it seeks to prevent delay of project completion. Project delay typically results in increased cost. The current estimated cost of the repair is $377,373. Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: Approve the Chair of the Board to sign the joint letter from Jefferson County and Quinault Indian Nation to state and federal agencies for the Quinault South Shore Road MP 1.3 Emergency Repair, and return to Public Works for distribution. Department Contact: Mark Thurston, P.E., Project Manager, 385-9160. Reviewed By: Qrt 1f /q Jos Peters, County Administrator Date . \ .i., ", ____. „\\,,_,..„. ..„.7.. i,„7,,,,,, QUINAULT INDIAN NATION and JEFFERSON COUNTY BOARD OF COMMISSIONERS April 6, 2026 Federal Highway Administration (FHWA) Washington State Department of Transportation (WSDOT) U.S. Army Corps of Engineers Washington Department of Fish and Wildlife (WDFW) Office of the Governor, State of Washington U.S. Senator Maria Cantwell U.S. Senator Patty Murray U.S. Congresswoman Emily Randall -via email Dear Federal and State Partners, RE: Urgent Request to Restore Emergency Repair Authorization for the Quinault South Shore Road We write jointly as the Quinault Indian Nation (QIN) and the Jefferson County Board of Commissioners to respectfully but urgently request your immediate attention and action regarding the emergency repair of the Quinault South Shore Road (SSR). This road serves as a critical access corridor for Tribal Treaty Rights, Olympic National Park facilities, local communities, and regional economic activity. The situation demands prompt resolution, and we believe the path forward lies within existing emergency authorization frameworks — if applied consistently with historical practice. Background Following an amended WA State Emergency Declaration in March 2025, the Quinault South Shore Road was determined eligible for Federal Highway Administration (FHWA) Emergency Relief (ER) Program funding. As stated by FHWA, the ER Program is designed to "provide Federal funding to repair Federal-aid highways and Federal lands roads damaged by natural disasters and catastrophic events." The SSR meets each qualifying criterion: it carries the correct Federal Functional Classification, the damage occurred during a declared storm event, and the repair costs exceed the required threshold. The intent of the ER Program has always been — and continues to be — to restore access. The Hoh River Road repair under analogous emergency conditions serves as a recent and comparable precedent. We are grateful to the Governor for the leadership and responsive use of State resources that ultimately funded and made the Hoh repair possible. The Quinault South Shore Road merits the same urgency and commitment from our state and federal governments. Concern Regarding Recent Interpretation Shift We are deeply concerned by what appears to be a significant departure from established emergency repair procedures. Beginning in February, communications from FHWA and WSDOT reflect a shift away from the longstanding standard of after-the-fact permitting and mitigation — historically the accepted practice under emergency conditions—toward a requirement that all permits and mitigation determinations be finalized before repair work may begin. This new interpretation is inconsistent with the emergency declaration and funding under which this repair was authorized and is at odds with how emergency relief programs have functioned in practice. We have not yet seen any legal or regulatory basis for this changed position, and we respectfully request that FHWA and WSDOT provide written clarification of the authority underlying it. Without such justification, we cannot accept that this interpretation should stand as a barrier to life-safety and road access restoration work that communities and Tribal members depend upon. Commitments Already Made The Quinault Indian Nation and Jefferson County have already provided written assurances documenting our commitment to implementing all required mitigation measures once those plans are reviewed; approved, and funded by the relevant regulatory and management agencies. We understand and respect that mitigation scope and budget may be subject to negotiation with regulatory partners, and we are committed to engaging in that process in good faith. We ask that this demonstrated commitment be recognized and that it serves as the basis for moving forward under the proven emergency repair framework to restore full road function. What Is at Stake The consequences of continued inaction are significant and worsening with each passing week: Access and Treaty Rights: With the North Shore Road also closed most of the year except for the summer season, and no timeline for its reopening, the SSR was the only alternative route into this portion of the Olympic Peninsula. For the Quinault Indian Nation, this road is inseparable from the access to and co-management of Treaty Rights. It is essential for access to spawning ground surveys. For Jefferson County — a small, rural, and economically distressed community — it is a lifeline. Olympic National Park: The SSR is one of only a few access points to the interior of Olympic National Park. Based on the closure experienced during the recent Big Creek culvert project, Olympic National Park estimated losses of approximately $150,000 per month in backcountry permit fees, not to mention the added impact of lost visitor spending and associated economic activity. Prolonged closure compounds these losses for the region. Escalating Costs and Environmental Risk: The longer this repair is delayed, the larger the damage footprint becomes — and with it, the cost of repair and the scope of required mitigation. More critically, the river is now assessed to be one significant storm event away from avulsing to the southwest. Should avulsion occur, the repair may no longer be technically or economically feasible. The result would be a permanent loss of access — comparable to what occurred along the Dosewallips and Elwha corridors — with lasting consequences for QIN, Olympic National Park, the County, and the surrounding community. Jefferson County does not have the financial capacity to fund this repair or mitigation independently. With funding and permitting in place, we are confident the repair can be completed within approximately one month — provided deterioration does not continue to outpace our efforts. Our Request We respectfully call upon FHWA, WSDOT, the Army Corps of Engineers. WDFW, and the Governor's Office to take the following actions: 1. Reaffirm the applicability of standard emergency repair procedures— including after- the-fact permitting and mitigation — to the Quinault South Shore Road repair, consistent with the emergency declaration and historical practice. 2. If that is not possible, provide written clarification of any new interpretive guidance that has altered the emergency repair authorization process, and the legal basis for that guidance. 3. Authorize and release ER Program funding so that repair work may commence and access can be restored without further delay. 4. Commit to expedited permitting coordination so that regulatory review of mitigation plans does not become an additional bottleneck. We confirm our willingness to participate in good faith negotiations to complete this task efficiently. We value our partnerships with each of your agencies and bring this matter forward in a spirit of collaboration and shared commitment to serving our communities. We are available at your earliest convenience to discuss this further and to work toward a solution that honors both the emergency relief process and our collective environmental responsibilities. Thank you for your attention to this urgent matter. Res pectfu Ily, Guy.Capoeman, President, Quinault Indian Nation Quinault Indian Nation Greg Brotherton, Chair, Board of County Commissioners Jefferson County, Washington