Loading...
HomeMy WebLinkAboutPL-REZ-2022-000033 NA ALA HELE COMMENTS 12.14.2022 NA ALA HELE Hawaii Trail & Access System Ref: H03:21, H09:02 Holualoa December 14, 2022 TO: Christian Kay, Planner County of Hawai'i Planning Department U FROM: Jackson Bauer,Trails and Access Specialist V Na Ala Hele Trails and Access Program, DOFAW, DLNR SUBJECT: Change of Zone Ordinance No. 02-131, applicant Kona Three,TMKs (3) 7-6-021:016 and :017 Holualoa, North Kona, Island and County of Hawai'i. The Na Ala Hele Trails and Access Program within the Division of Forestry and Wildlife, Department of Land and Natural Resources, thanks you for the opportunity to comment on the subject Change of Zone.This area was a main population center for pre-contact Hawaiian society and thus contains many important wahi pana and archaeological sites, including trails. As the project proposal has the potential to impact several historic features, including trails, as well as impact public access, our recommendations are as follows: Mauka-Makai Trails: The Holulaloa ahupua'a was a main population center for pre-contact Hawaiian society. Extensive agricultural field systems are present above and within the subject area. Extensive mauka-makai trails were known to connect these agricultural fields with the coastal villages and fisheries, many of which were continued to be used well into the 20'century (See testimony from Goro Inaba, Exhibit A).The community has also shown strong support in preserving these historic trail alignments and public accesses (see petition, Exhibit B). Several maps from the early 20'century,when stitched together, show continuous trails from the coast up to the Mamalahoa Highway and the uplands. (See Exhibits C, D). One of these trails also follows the existing rock wall features that partly formed boundaries of LCA 3660.These double rock walls form a narrow corridor that is consistent with similar trail attributes in the area (for example,Judd Trail).The archeological reports in this area are very detailed and extensive, however, little research was conducted on the known trails and alignments. An important site just below the project area and between this network of trails is the Kealakowa'a Heiau complex. As its name suggests (along with historical accounts and histories), this was an important site in relation to the canoe carving and the hauling of canoes on these mauka-makai trails (Ke ala= "the trail", ko wa'a="for canoes"). Division of Forestry and Wildlife Department of Land and Natural Resources 19 E.Kawili Street,Hilo,HI 96720 All of this evidence points to the assumption that the origin of these trails may predate the historic period and may be viewed as government-owned public trails, per the Highways Act of 1892. Recommendation: More research is needed to investigate the vintage and potential alignments of these trails based on existing maps, known use patterns, testimony, and context. Recommendation: Honor the alignment of the trails, even if archaeological evidence has been displaced. Consider utilizing the trail corridor as a pedestrian access incorporated into the development plans. (See Exhibit E,Treatment of Historic Trails) Recommendation: Consult with the Na Ala Hele Trail and Access Program and the Ala Kahakai National Historic Trail to discuss the above recommendations further. Thank you for the opportunity to comment on the subject Change of Zoning application for the subject project. Please feel free to contact me at 808-657-8041 or iackson.m.bauer@hawaii.gov to discuss any questions or comments you may have. Cc: Ala Kahakai National Historic Trail State Historic Preservation Division DLNR Land Division JUI-Ub-04 U8:35 From-3rd CIRCUIT COURT KONA MOT3U T-038 P.00Z/003 F-884 TO Irving Kawashima Na Ala Hele Trail Division Dept. Of Land & Natural Resources P.O. Bog 4849 Hilo, HI 96720-0849 FROM Goro Inaba P.O. Box 342 Holualoa, HI 96725 SUBJECT Holualoa Trail Holualoa,HI I was born on November 17, 1916, in Holualoa, Hawaii. As long as I can remember,the Holualoa Trail has been open for public use. As early as 1929, I walked this-grail along with two of my classmates who lived east and west of Hualalai Road. I would meet my friends by walking the upper portion of the trail down to Hualalai Road which intersected the trail. Y would meet my secti n ofriends, the Holualoa Trail fishermen, :md proceed with them,walking the lower below Hual clad Road to Holualoa Beach where we would spend the day at the beach. I remember the trail being marked by rock walls spaced approximately 10 feet apart. The trail was not rocky,but smoother than the surrounding area,there was hardly any vegetation during this time. My friends and I walked this trail barefoot. As I walked, I thought of the Hawaiians of Old and how they must have used this trail to access and farm the fertile land above Hualalai Road. Aside from residents who used the trail as a mauka-makai connector footpath to the Holualoa Beach area, the trail was used by coffee farmers utilizing the now infamous "Kona Nightingale", the donkeys used to haul harvested coffee up and down the mountain. After WWII,the surplus army jeep replaced the donkey and used the Holualoa Trail to haul fertilizer and coffee and perform daily chores for the families of these farmers. My family owned two jeeps and we used this trail to get to Hual alai Road. I purchased a surplus 4x4 3 A ton truck for use on my ranch and parked it on our property just north of the Hualalai Trail. Our jeeps and truck used the trail daily to get to property owned by another member of my family. JUI-U5-U4 U6:35 From-3rd CIRCUIT COURT KUNA 3ZZ673U T-939 P.0UYU03 F-W Today the property owner or owners south of the trail which adjoins the southern boundary wall are claiming the trail. These present owners were granted a Special Pery it to construct a Bed and Breakfast business. Now their lot is valued on the market al: approximately $10 million dollars. If their claim is a valid purchase of the Houlaloa Trail, we have no reason to expect the trail to be kept open;however,this Holualoa Trail has been open for public use as far back as I can remember. For this reason,I feel that the Holualoa Trail is a public landmark and should be kept open for future public use. August 28, 2004 Mr. Irving Kawashima Na Ala Hele Specialist Department of Land and Natural Resources PO Box 4849 Hilo, HI 97720 Dear Mr. Kawashima: RE: 12 foot trail in Holualoa We, the undersigned residents of Holualoa, Kona, Hawaii would like to express our support to the designation of the 12 foot public trail in Holualoa that runs from the Mamalahoa Highway to the Hualalai Road. It is our understating that the trail was a part of the Holualoa Hui lands in 1914. It seems that the trail is a part of the history of the village of Holualoa and should be preserved. z Z C(ial�c, / V q67� G I '1 1' J' f ( 1 Q August 28, 2004 Mr. Irving Kawashima Na Ala Hele Specialist Department of Land and Natural Resources PO Box 4849 Hilo, HI 97720 Dear Mr. Kawashima: RE: 12 foot trail in Holualoa We, the undersigned residents of Holualoa, Kona, Hawaii would like to express our support to the designation of the 12 foot public trail in Holualoa that runs from the Mamalahoa Highway to the Hualalai Road. It is our understating that the trail was a part of the Holualoa Hui lands in 1914. It seems that the trail is a part of the history of the village of Holualoa and should be preserved. Q / ,(7 n J O 00 ikuAZ-01 41KE ONCf 'C�j�Y i o hex /44( 7s-- 57— lie g,6zZ Ito P20f- 143 H-O(U-0-toCl- 41 to OA* Exhibit C Portion of 1928 Strip Map showing trail along LCA 3660 (green) and other mauka-makai trails (blue) relating to subject parcel. Judd Trail (yellow) shown for reference. In V- 1 1 T'i K11. -a �� �'1'. \ 1 I .nc Ll;1V • • .�: o ° �IX— t` o -e ll ' Z '1•' � V y 1 I� a a Ilia 1 IU Nrr-fr`o - Q O _ F16 4y ` Q it C C 4 x�v Exhibit D Sheet Map showing trail continuing above subject parcels,yr 1914 - p, i ate, J �.. �"fig "�� ' �'"1.�✓ 1 1� _� �s��-� .,- na �✓�'1'� � �� i�t�„z: ],, Ran Upper � �J ` er portion ' _ of _... Subject � � 4 Area j �oA saz 1 a . �`.:F��Y,� �# sr,� �S r _��yy�.,.,fir!♦#��[}� �� Li AQ 11 PI V ti. Y 7Ilk ' 1- 1 l � 10 AL HAWAI'I ISLAND GUIDELINES FOR THE TREATMENT OF HISTORIC HAWAIIAN TRAILS (SUBJECT TO REVISION) (ADOPTED BY NA ALA HELE'S HAWAI'I ISLAND ADVISORY COUNCIL ON MAY 10, 2005. REVISIONS APPROVED ON MAY 23 and NOVEMBER 14, 2012, JANUARY 16, 2013, and April 1, 2020. PHOTOS UPDATED ON JANUARY 20, 2012 and March 22, 2020) PURPOSE OF THESE r ' If the Historic Hawaiian Trail Is Under State ti. .ti GUIDELINES: The Na Ala Hele ti'• Jurisdiction, Consultation with the Na Ala Hele Hawai'i Island Advisory Council rtii Hawaii Island Advisory Council Is Highly .� r. ti recognizes the need to establish rti Recommended guidelines for consistent treatment of r The Hawaii Statewide Trail and Access System, known as ti; historic Hawaiian trails when Ctii Na Ala Hele (NAH) is part of the Department of Land & Natural developments occur adjacent to them %- Resources' Division of Forestry and Wildlife. The program is (see Appendix A: "Ancient, Historic, ti'. required to establish advisory councils to solicit advice and and Old Government Trails and Roads r5: assistance in the implementation of the statewide trail and ti? C in Hawaii:A Summary of Pertinent tii • r• access system. For more information on NAH, visit their website ti� Law."). Many historic Hawaiian trails Cti;. at nttps://dlnr.hawaii.�ov/recreation/. ti� r. ti; are owned in fee simple by the State rti: of Hawaii. While each situation ri' *The Assessments of Trail Values by Na Ala poses unique circumstances and r}' every case requires individual Cti'• Hele's Hawaii Island Program, Archaeologists, consideration, certain guiding a� & State Historic Preservation Division (SHPD) 1 r• ti? principles can be agreed-upon. It is Cti, Can Differ • : hoped that these guidelines will help ; titi. ti,? r% Archaeological surveys and recommendations for site with NAH Council decision-making ;% and take some of the guess work out ?% treatments are reviewed and approved by SHPD. SHPD's ti• of the process for the Council, ;% assessment of the value of a historic trail is based on its physical ti developers, State and County ', condition, archaeological integrity, and cultural significance. A rti trail's archaeological value (and SHPD's preservation agencies and the public. This is a Cti; ti working document that is subject to r ', recommendation) is influenced by its present-day state of revision, s we find ways to improve rti; preservation and whether it is an integral part of a larger . � a r., ~� C�; complex that is to be preserved. ti• upon it. Please check with the Na ti Ala Hele Hawaii Island program to rti. Hawaii Island's NAH assessment of the value of a historic rti trail involves more than its current physical condition. In its make sure you are using the most R.current version. assessment of trail values, NAH also considers these factors: C•- ti?ti,ti,.,,ti,ti,ti,ti,ti,ti,ti,ti,ti,ti,ti,.,,ti,ti,ti,ti,ti,ti,ti,ti,ti,ti:tii 1. evidence that the trail historically existed by examining •.f.f.fr.f.f.f.f.f.f.f.r.f.f.f f.f.f.f.f.f.f.f.f.f.f., archaeological reports, historic maps, historic accounts, early surveyors' notes, land deeds, boundary testimonies, and/or cultural impact assessments, 2. whether the trail potentially connects to other trails to form more lengthy routes, and 3. the public purpose served in preserving the trail. NAH may also recommend "land banking" of trails deemed to have public value when resources are lacking to open them to public use. ®Trail Relocation and/or Destruction It is the Hawai'i Island NAH Advisory Council's (hereinafter "Council") policy that no relocation or destruction of historic trails be approved. Any such decision is done on a case-by-case basis, and many factors must be considered. Assessment of the trail's values (see previous section) is done, and council members may visit the subject area as part of decision-making. Council meetings are open to the public, and public opinion re: trail relocation and/or destruction is considered. Cultural experts, the State's Department of the Attorney General, and NAH's abstractor may need to be consulted. If the development project is receiving federal funds, a Section 106 assessment is required to fully assess and mitigate the development's potential impacts on historic and cultural sites (See Relevant Laws on the last page of this document). Planners, landowners and/or developers are encouraged to contact the Council early in the planning process. This can prevent misunderstandings, premature expenditures, and potentially costly delays. Trail Restoration, Buffers, and Maintenance Trail Erosion When the trail is located in an area vulnerable to potential erosion, provisions for trail relocation in the event of trail erosion should be included in all trail-related agreements and approvals. This is to ensure that the negotiated trail will be usable forever. Water diversion techniques, i.e. waterbars, may need to be employed if water runoff is occurring or potential for soil erosion is present. Information on "Best Management Practices" (BMPs) to prevent or correct erosion problems is available through Na Ala Hele. �.. - ------------------------------ Hikers are using the relocated trail.The ` on eroding Original trail has been g g away. ' Photo taken between Waikoloa and Mauna -Lani Resorts.----------------------' �r l i i a Y j�i'1 Ay li.F The trail has been seriously eroded by wave action, f and encroaching vegetation makes walking precarious. , Photo taken at Waiulua Bay in Waikoloa Resort. i - ----------------------------------- � Trail Width Trail widths vary. There are no standard widths. Sometimes widths are apparent through direct trail observation and archaeological studies. Trail widths can change over time if their use transitioned from 2 Version:4/01/2020 walking purposes to other modes of transportation, i.e., horseback, carts, etc. Sometimes widths are specified in land deeds, historic maps, or in County permit documents when trail easements are required. Buffer Widths Buffer widths vary. There are no standard widths. The council recommends widths of a minimum of thirty -feet, as measured from the trail's outside edges. This also applies to relocated and restored trails. Buffer widths are determined on a case-by-case basis and consideration is given to the archaeological integrity of the subject trail, view planes, surrounding environment, land uses, land ownership, and nearby natural and cultural features. The Council should be consulted early in the planning process to prevent misunderstandings, premature expenditures, and potentially costly delays. r .r When buffer widths are too narrow,the experience of"walking in the footsteps"of $�• ` fir,- r those who created the trails is lost. _ r Photo taken in Hualalai Resort where buffers are not being cleared,and thorny bougainvillea is allowed to grow into the trail. Many present-day Hawaiians can trace their ancestors to villagers who relied upon these + trails for their daily survival. Excessively narrow buffers take away from the authenticity of the experience, and damage the feeling of open L space and broad landscape in which the trails belong.Adequate buffers and appropriate buffer treatments are essential to the historic trail experience. r Photo taken in Hualalai Resort. Historic trail is being smothered by poorly controlled vegetation. 3 Version:4/01/2020 WOOF Photo taken in 49 Black Sand Beach x Subdivision in Mauna Lani Resort. Natal plum ,. plants within the narrow buffer are thorny - Y and spreading into the trail. These examples help to illustrate why it is recommended that no landscaping be done within trail buffers.The trail itself should be kept clear of vegetation. PT r,f, i syi 9,4 'Sn ... ————————— ————————————!—' � �� + � �• ; Photo taken in 'Ouli,South Kohala � ------------------------ ' Past buffer widths have been shown to be inadequate. The Council's revised buffer width aar �, ¢, , •,, t .�" is hereby increased to a minimum of thirty- ? AK, feet, as measured from the trail's outside edges. ------------------------------ Photo taken in Kohala Waterfront Subdivision ------------------------------- 4 Version:4/01/2020 I �y -----------------------------------------------$-------------------------------i Photo taken in Waikoloa Resort.Trail is the Alanui Aupuni(government road)—built circa. 1860s-1870s.The orange flagging denotes what a thirty-foot wide buffer looks like. ------------------------------------------------------------------------------- 1., r s., OkiVr +zylB� . c uy ti —————————————————————————————————————————————————————————————————————— Photo taken in Waikoloa Resort.Orange arrows point to orange flagging denoting the 30-foot wide buffers. '---------------------------------------------------------------------- 5 Version:4/01/2020 Buffer Treatments Whether in its original historic condition or a realigned/restored historic trail, no construction should be allowed within the buffers (including utilities, foundations, rock walls of any height, and swimming pools), and the natural, existing terrain and grade should be maintained throughout the buffers. Roads should not be located within trail buffers, unless a breach is approved. It is recommended that no landscaping be done within trail buffers. Choosing native plants naturally growing in the area, or known to have historically grown there, is the most practical approach, requiring minimal watering and special care. Be careful not to plant noxious weeds that are naturally occurring, such as fountain grass. Thorny and poisonous plants (i.e., bougainvillea and oleander) should also be avoided. Avoid plants that could become invasive, i.e., extensive root systems, exotic ground covers, or prolific seed producers. Certain plants can pose a safety hazard or result in undue maintenance requirements, such as plants that drop large leaves and/or fruits (e.g., coconuts). Avoid plants that are likely to lean or encroach into the trail's buffer. Only hand-clearing within the buffers should be permitted at any time. Responsibility for the maintenance of the breaches and buffers should be clearly detailed in formal agreements. 4 � =t , Laying hazardous obstructions within the trail tread and buffers, no matter how temporary,is an obviously unwise practice. Photo taken in Hualalai Resort a - L——————————————————————————————� kv ' K' Breaches The number and width of breaches should be minimized. The original location of the trail should be restored within the breach, using materials that mimic the historic trail surface. In this manner the breached section will be connected to the original trail on either side. Review of planned breaches by the Council is recommended. Planners and developers are encouraged to request time on Council agendas for that purpose. Additionally, since many historic and ancient trails are still owned by the State of Hawaii (see Appendix A), easements for the purpose of breaching trails may need to be purchased through the Board of Land and 6 Version:4/01/2020 Natural Resources. Again, consulting with NAH early will prevent misunderstandings, premature expenditures, and potentially costly delays. -------------------------, This is the recommended breach surface treatment.It resembles the ' authentic historic surface while enabling road use. ' Photo taken in Waikoloa Resort ' ------------------------ 4 ftt ------------------------------- The reddish,smooth cobblestone appearance of this surface treatment is artificial and does not resemble any historic kLHawaiian trail surface. Photo taken in Waikoloa Resort L------------------------------� Treatments Outside of Buffers Surroundings immediately adjacent to trail buffers greatly influence the trail experience. When trails are near ink the the shoreline, structures (including walls and fences) ma kai ► 4,, (seaward) of the trails are discouraged to protect view k planes and the historic ambiance. In some locations the natural lava "skin" may be the best choice if earth moving equipment has not already damaged the natural lava surface. 7 Version:4/01/2020 Plant surveys done prior to the area's development can help to identify naturally occurring plants, including plants that were historically in the area. Council members may be able to suggest resource people and sources for native plant materials. Adjacent Historic, Cultural & Natural Sites and Interpretive Signs Opening a trail to public use can potentially impact sensitive historic, cultural and natural sites adjacent to the trail. State Historic Preservation Division (SHPD) will often require preservation plans showing how potential impacts of public use will be mitigated. In addition impacts to native Hawaiian customary and traditional rights and practices, and the alleviation of those impacts need to be addressed in trail management. Burials require special protection. Hawaii Island's Burial Council (through SHPD) should be consulted for guidance. Certain cultural and natural sites may need to be closed to the public. It is recommended that those concerns be brought to the Council for recommendations and referrals. It is essential to educate people about the significance of and proper behavior around trails and sensitive sites nearby. Signage can be effective in this regard. Interpretive signage planned for trails and adjacent sites should be reviewed by the Council and SHPD if historic sites are present. Property pins(especially if set in concrete)that denote parcel boundaries,impact the aesthetic appearance,diminish the integrity of historic ' •.: ` "'��' # ': ; sites,and are a potential safety hazard. It is recommended (and is allowed under contemporary surveying practices)to place an y « , offset"witness post,"at a nominal distance ' away from the actual boundary corner and ,a�-- �:�. - z indicate on the official survey map record,the ::�.' f + `�` ` '",? •`'� : ;�`� ' distance and angle that the actual corner is 40 r;= �'�' :• i located,away from the offset"witness post." This practice meets the legal requirements of identifying the property corner,as well as 4.� Jr protecting the integrity of the historic site." t _r.{ ki�n f ———————————————————————————————� Photo taken in 49 Black Sand Beach Subdivision L------------------------------ � - _-7Qek. e Spray paint used to mark a property boundary in the historic trail's kerbing. This is defacing of a historic site in a National Park. i r Photo taken in Kauleoli,South Kona ___ I• 8 Version:4/01/2020 % t _ : r ; Signage should be maintained, attractive and not confusing.Check if standardized signage has been adopted for the particular area. Photo taken in Hualalai Resort - ----------------------- ' �Y rZ . .v �_A I f` n 5 hOWAHWNG� Flash Floodl ry I"UP p Ti' �r_ V NO _ �s CAMPINGy BEYOND THIS POINT , , .'.r' ,'.i � •Ak.`4 `cl�Y! <: \ - ———————————————————————————7 J -----------------------� Consolidated signage on one sign post is Signage clutter should be avoided. ; recommended. ' ' Photo taken at>Ohai>ula Beach ' � � Photo taken at Paniau in Puako ------------------------ -------------------------- 9 Version:4/01/2020 Public Access Management Historic Hawaiian trails are a special case because traditionally those trails were in use 24 hours/day. The Council supports continuing that practice for historic trails and routes that (1) are connected to a public road or other historic trails or (2) lead to or follow the shoreline. The Council recognizes that situations may arise in which control of public access is necessary. NAH can assist with balancing security, resource protection, etc. concerns with community access needs. How to Contact the Hawaii Island NAH Program and NAH Advisory Council The Division of Forestry and Wildlife - Na Ala Hele office can be reached at (808) 974-4221. This contact can connect you to whoever is the current chairperson of the NAH Advisory Council. You can request to be on the agenda for the Council's public meetings. Links to Relevant Laws • HRS Chapter 198D is the law that governs the Na Ala Hele Program. It was first established in 1988. https://www.capitol.hawaii.gov/hrscurrent/Vo103 Ch0121-0200D/HRS0198D/ • HRS Chapter 6E is Hawai'i's Historic Preservation Law. https://www.capitol.hawaii.gov/hrscurrent/Vol01 Ch0001-0042F/HRS0006E/ • "Ancient, Historic, and Old Government Trails and Roads in Hawaii: A Summary of Pertinent Law" https://dinr.hawaii.gov/recreation/files/2013/09/Highways-Act-SummarV.pai • For more information on Section 106 Reviews see: 36 CFR PART 800— PROTECTION OF HISTORIC PROPERTIES: Section 106 Reviews: https://www.achp.gov/protecting-historic-properties/section-106-process/introduction-section-106 10 Version:4/01/2020 APPENDIX A Ancient, Historic, and Old Government Trails and Roads in Hawaii A Surnrnary of Pertinent Law Hawaii, unlike any other State in the U.S., was originally a sovereign nation - a kingdom. There were certain preexisting laws that were passed on and incorporated into what became laws of the U.S. Territory, and then ultimately, of the State. In relation to trails, the following two citations describe the legal tools used by the Na Ala Hele Program to identify and possibly claim public ownership of specific features: The Highways Act of 1892 In October of 1892, Queen Liliuokalani approved law that determined that the ownership of all public highways and the land, real estate and property of the same, shall be in the Hawaiian Government in fee simple. The definition of public highway includes all existing trails at the time "or hereafter opened, laid out or built by the Government, or by private parties, and dedicated or abandoned to the public as a highway, are hereby declared to be public highways." Furthermore, "All public highways once established shall continue until abandoned by due process of law". Chapter 264-1 (6), Hawaii Revised Statutes (HRS) The following HRS furthers the intent of the Highways Act: All trails, and other nonvehicular rights-of-way in the State declared to be public rights-of-way by the Highways Act of 1892, or opened, laid out, or built by the government or otherwise created or vested as nonvehicular public rights of way at any time hereafter, or in the future, are declared to be public trails. A public trail is under the jurisdiction of the State Board of Land and Natural Resources - unless it was created by or dedicated to a particular county, in which case it shall be under the jurisdiction of that county. All State trails once established shall continue until lawfully disposed of pursuant to Chapter 171, HRS. What this means If the State can document the existence of a trail prior to 1892, and the feature has not been disposed of pursuant to Chapter 171, the State may claim the trail. This applies even if the trail does not currently exist on the ground physically - in many instances trail sections have been destroyed over time due to various land uses or natural process. While a landowner may not adversely possess State land, the burden of proof is upon the State to document ownership. This can be adverse to adjacent private landowners, and may create the necessity for legal action. Prior to promotion for public use, a necessary (and sometimes costly) step is to reconcile the historic documentation with an on-the-ground metes and bounds survey. It is imperative to confirm that the identified trail is the same alignment that was originally in existence prior to 1892. Trail routes can migrate over time for numerous reasons, creating legal challenges to the application of the laws cited above. Other necessary steps include the creation of a cultural survey and management plan, and then establishing a trail restoration, maintenance and signage program.