2019-10-23 Meeting Minutes (EMC)

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• SHPD has 90 days to review and make a determination, but the 90 days appears to start when they start their review, not when the request is received. This is based upon anecdotal data. • Some timelines are strict, and some requirements are fluid. • SHPD appears to be understaffed, but things are also slowed down because the “area of potential effect” (APE) needs to be determined before the AIS can be done. • There are only a few cultural resource firms which exist and can do AISs. • The APE preceding the AIS is a 106 requirement. As State Revolving Funds are used as a general rule for their projects, and because federal funds come in through the SRF funds, there is both state and federal oversight and cross-cutter conditions. If it were possible to use just county funds, only the 6E review would be required. • Before the final EIS can be issued, the AIS needs to be determined as adequate. He does not know whether the AIS is attached to the EIS or referenced within it. • The physical process of upgrading the WWTP cannot begin until there is a final EIS. Commissioner Gaffney said the state needs to fix this situation of delays due to SHPD review. The state is requiring that cesspools be closed, and yet a state agency is standing in the way of making progress. He wondered whether it would be appropriate for the Commission to reach out to the County Council or administration to push for making sure that SHPD moves faster. The requirements of legislation cannot be met with this roadblock in the way. Director Kucharski said a problem may be that there are not enough archeologists graduating each year with expertise in Hawaiian cultural practices. Cultural reviews take experienced, educated, and trained personnel. Commissioner Gaffney said the state was able to attract more people to the medical profession in Hawaiʻi and should be able to do so in archeology and Hawaiian studies. The red flag needs to be raised all the way up so the necessary changes are made and the logjam is broken. If the Kealakehe R-1 project is set back two years, they have failed the ocean. Commissioner Burns said he had been to recent meetings where there was mention of integrating SHPD into the university’s archeology program, and this may be an option to explore. He wondered who on the state side could be asked about this. Commissioner Gaffney suggested they contact the County Council about a resolution asking the legislature to support the marriage of those two schools to help solve this program. He does not believe this would be outside the Commission’s scope. Chair Bennett said they could entertain a motion. Motion, second, and vote: Commissioner Gaffney moved that Councilmember Richards be contacted on this matter, Commissioner Fulton seconded the motion, and all commissioners voted aye.