2008-02-12_Opinion_re_Mud_Lane - Laserfiche WebLink

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Honorable Dominic Yagong February 12, 2008 Page 3 or change of use beyond that previously existing . . . (2) Replacement or reconstruction of existing structures and facilities where the new structure will be located generally on the same site and will have substantially the same purpose, capacity, density, height and dimensions as the structure replaced; . . .(4) Minor alterations in the conditions of land, water or vegetation; . . . These categories do not apply when"the cumulative impact of planned successive actions in the same place, over time, is significant, or when an action that is normally insignificant in its impact on the environment may be significant in a particularly sensitive environment." HAR 1I- 200-8(b). The rules also allow county agencies to get Environmental Council approval for specific agency exemptions. "Each agency, through time and experience, shall develop its own list of specific types of actions which fall within the exempt classes, as long as these lists are consistent with both the letter and the intent expressed in these exempt classes and chapter 343,HRS. These lists and any amendments to the lists shall be submitted to the council for review and concurrence. The lists shall be reviewed periodically by the council." HAR 11-200-8(d). C. HRS Chapter 343 Exemptions Applicable to Mud Lane In this case, the right-of-way has been in various vehicular and pedestrian use at least since the early 1900s. This is not virgin land, but has hosted jeep roads and stone paving. In recent years the subject area has been in vehicular disuse, and non-native trees and other vegetation have invaded. The proposed project would clear and resurface a 12-foot wide gravel road with 4 turnouts, and possibly a pedestrian path and other landscaping. Under these facts, several Environmental Council approved exemptions from EA requirements may apply. From the"Comprehensive Exemption List for the Department of Public Works County of Hawaii Reviewed and Concurred in by the Environmental Council on June 21, 1995,"the following are found: First, EXEMPTION CLASS 1: Operations, repairs or maintenance of existing structures, facilities, equipment or topographical features, involving negligible or no expansion or change of use beyond that previously existing. 9. Operate, repair and maintain all County owned areas including, but not limited to, parking lots, road rights-of-way, drainageways and easements. This maintenance shall include removal and trimming of all vegetation, as needed, in order to minimize any encroachments or obstructions within the road right-of-way. This project will repair and maintain the road surface within the historically used right- of-way, including removal of vegetation as necessary.