2008-02-12_Opinion_re_Mud_Lane - Laserfiche WebLink

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Honorable Dominic Yagong February 12, 2008 Page 2 road between Kukuihaele and Waimea. Archaeological reports indicate that there are segments of a road paved with stones, about 4 meters (13 feet)wide within the project area, probably built in the early 1900s. This road has been a"road in limbo,"but now the County acknowledges jurisdiction over this road right-of-way. The State of Hawaii Department of Land and Natural Resources, State Historic Preservation Division ("SHPD")has reviewed an archaeological inventory survey of the project area. In a letter dated December 10, 2007, to Paul Cleghorn, SHPD noted that"the site has been recorded and the present survey and its associated excavations have served to collect and document information about the appearance and construction of the road bed. . . . We concur that no further archaeological work is necessary within the project corridor." The Mud Lane right-of-way is 50 feet wide. The current plan is to remove trees as necessary and create about 2,180 linear feet of a 12-foot wide gravel road without shoulders and swales. The road would also include 4 pullouts, about every 500 feet, exact locations to be determined so as to minimize removal of trees. A 6-foot wide meandering pedestrian trail, again placed for minimal impact on trees, is also possible. B. HRS Chapter 343 Environmental Assessment Triggers and Exemptions HRS Chapter 343 governs environmental impact statements. This law requires that before certain types of actions (or"triggers") are done, there must be an environmental assessment ("EA"), a"written evaluation to determine whether the action may have a significant impact"on the environment, as well as effects on economic/social welfare and cultural practices of the community and state. If the action may have a significant impact, then an environmental impact statement ("EIS") must be prepared which discloses the foregoing effects, as well as effects of economic activities arising from the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects. HRS Section 343-2. EIS's are "informational documents"but do not in themselves prevent projects. Generally, an EA is required for actions that"propose the use of state or county lands . . ." HRS Section 343-5. In the absence of an exemption, use of county lands, such as a road right-of- way, would trigger the EA requirement. However, the law does not require an EA for every conceivable use of county lands. HRS Section 343-6(a)(7) authorizes the Environmental Council to adopt rules to "establish procedures whereby specific types of actions,because they will probably have minimal or no significant effects on the environment, are declared exempt from the preparation of an assessment." These exemptions are established via Hawaii Administrative Rules ("HAR") Section 11- 200-8. This rule lists several exempt classes of action, including: (1) Operations, repairs, or maintenance of existing structures, facilities, equipment, or topographical features, involving negligible or no expansion