Laserfiche WebLink
MYY Os p <br />COUNTY OF HAWAPI _• STATE OF HAWAFI <br />1rE Of; <br />RESOLUTION NO. 6 <br />A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY <br />EMINENT DOMAIN OF A PORTION OF TAX MAP KEY NUMBER (3) 9-5-007:016, <br />SITUATED AT KAHILIPALI`IKI AND KAHILIPALINUI AHUPUA`A, DISTRICT OF <br />KA`U, ISLAND AND COUNTY OF HAWAI`I, STATE OF HAWAI`I, FOR THE <br />NA`ALEHU WASTEWATER TREATMENT PLANT. <br />WHEREAS, the Administrative Order on Consent entered with the U.S. Environmental <br />Protection Agency, Docket No. SDWA-UIC-AOC-2017-0002, revised and effective as of <br />February 14, 2024, requires the County to provide wastewater treatment that is protective of <br />surface water and underground sources of drinking water for 194 properties in Na`alehu, and to <br />close the Na`alehu large capacity cesspools ("LCCs") no later than December 31, 2027; and <br />WHEREAS, the October 2018 Preliminary Engineering Report, August 2023 Revised <br />Preliminary Engineering Report, and September 2024 Draft Environmental Information <br />Document have identified a portion of that land covered by Tax Map Key No. (3) 9-5-007:016 as <br />the preferred location of the Na`alehu Wastewater Treatment Plant; and <br />WHEREAS, Ala Kahakai Trail Association ("ATA") is the fee simple owner of real <br />property ("Property") situated at Kahilipali`iki and Kahilipalinui ahupua`a, District of Ka`u, <br />Island, County, and State of Hawaii, identified by Tax Map Key Number (3) 9-5-007:016; and <br />WHEREAS, ATA obtained ownership of the above -referenced land through an <br />agreement with Legacy Land Conservation Program, ("LLCP") which included a conservation <br />easement; and <br />WHEREAS, funding for the purchase of the above -referenced land by ATA, in addition <br />to LLCP, came from the County of Hawai`i's Public Access, Open Space, and Natural Resources <br />Preservation Fund and other private sources; and <br />WHEREAS, ATA and the County of Hawaii ("County") entered into an Agreement <br />Regarding the Na`alehu Wastewater Treatment Plant" on December 16, 2019 (see Exhibit "A"); <br />and <br />WHEREAS, the County and ATA agreed to exclude 28.739 acres, more or less, from the <br />Conservation Easement placed on the above -referenced property, as a potential location for the <br />Na`alehu Wastewater Treatment Plant ("Project Site"); and <br />