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Home My WebLink AboutCOM 0846.007 1998-2000 RECENED "V~ rime o0re- Udef, , ~a County counca 4_ DATE: October 1, 2000 FROM: The Wa'a wa'a-Koa'e Road Action Committee Subcommittee of the Pakaka Road and Kapoho Papaya Farms Road Associations P.O. Box 1786 Pahoa, HI 96778 TO: Councilman Dominic Yagong, Chairman Public Works Committee Hawaii County Councel 25 Aupuni Street Hilo, HI 96720 RE: Proposed paving of a section of the unpaved Old Government Beach Road which runs north from the 1960 Kapoho lava flow through Kahuwai and Wa'a wa'a to the pavement in Hawaiian Beaches/ Shores Subdivision We would like to submit the enclosed document as a "Communication" to the Public Works Committee. Your concern for our community's issues is much appreciated. Mahalo. Comm. No. ~(P' 007 File No. RD9 Ref. Totw~ Ref. Date- 12 M DATE: October 1, 2000 TO: Representative Patsy Mink Senator Daniel K. Akaka Senator Daniel K. Inouye State Senator Andrew Levin Mayor Stephen Yamashiro State Representative Robert Herkes Councilman Al Smith Councilman Dominic Yagong, Chair Public Works Committee Mr. James Salvaggi, Manager Nat'l. EDI-SP Program, HUD Mr. Steve Hambalik, FEMA Ms. Margarita Hopkins, Director, Dept. of Research & Development Mr. Jiro Sumada, Deputy Chief Engineer, Public Works Mr. Ron Sato, SSFM International, Inc. Mr. Peter Simmons, Senior Land Mgr., Bishop Estate FROM: The Wa'a wa'a-Koa a Road Action Committee Subcommittee of the Pakaka Road and Kapoho Papaya Farms Road Associations P. O. Box 1786 Pahoa, HI 96778 RE: Proposed paving of a section of the unpaved Old Government Beach Road (Puna District, Big Island, Hawaii) which runs north from the 1%0 Kapoho lava flow through Kahuwai and Wa'a wa'a to the pavement in Hawaiian Beaches/ Shores Subdivision) The enclosed copy of a September 19, 2000 letter from Mr. Timothy E. Johns, (Chairperson of the Department of Land and Natural Resources and State Historic Preservation Officer) to Norman Olesen (Executive Assistant to Mayor Yamashiro, County of Hawaii) addresses the concerns we set forth in our letter dated August 30, 2000 regarding plans to pave the Old Government Beach Page 2 of 2 October 1, 2000 Road. DLNR has informed the Mayor's office of federal laws mandating the Historic Preservation Act's Section 106 Review or a Chapter 6E-8 Review, depending on the source of funding. They have stated that no construction can take place until a review process is completed. Mr. Johns wrote that the road may qualify as a historic site because it is over 50 years in age. We are working towards the goal of including the road in the National Register of Historic Places. We want to thank those of you who have helped and supported us to date, and hope that due to this recent decision by DLNR, others will realize the historic, cultural and scenic significance of this road and its corridor. dEN.AM N. :Ayr AAC ERN~R Ji -Awl, i1M0N 0 AhM(. CWUfV IS;\ 1 DC ARD 01 EANO ANO Afso NA•./Ri.RE SO.A ]ES III \ 4 1 Df1VnEs N,s -ANE' E RAwE.O STATE OF HAWAII AabA'IC RESCWICEs 6CA• NC ANC OCEAN RECREA' iN t ONSERVA•iON AND AESO,.WCES DEPARTMENT OF LAND AND NATURAL RESOURCES EN,ORCEMENT TONNE "CE5 HISTORIC PRESERVATION DISISION ,OAES'Rr ANC w+EDI,E Kai e~MwR Dmldrtp. Racm 555 n,S,DNC MESER',A•,CN 5.' Kr .Dan Rr ro LAID REF:HP-AMK KRR 061~' S-Alt RARAS SEP 19 2000 wA•ER AESOA:E MANAGEMEN' Mr. Norman Olesen, Executive Assistant LOG NO: 26161 Mayor's Office, County of Hawaii DOC NO: 0009PM10 25 Aupuni Street Hilo. Hawaii 96720-4252 Dear Mr. Olesen: SUBJECT: Contemplated Improvements to Extension of Highway 137 (Old Government Road) in the Wa'a Wa'a Area Subdivision Kahuwai, Halepuaa, Kanekiki, Puna, Hawaii Island TMK: 1-"3:various Thank you for your letter of September 5, 2000, which followed up your phone conversation with our Hawaii Island archaeologist, Patrick McCoy, that same day about the County's contemplated improvements to the extension of Highway 137 (the Old Government Road) north of the Lighthouse Road. Your letter and the attached enclosures indicate that the County is considering using residual funds from a special Federal grant to pave a 1.6 to 1.7 mile long section of the existing dirt road. Our Honolulu office was unaware of the planned improvements until we began receiving a flood of letters from concerned citizens opposed to the project. We were initially under the mistaken impression that the project in question was the proposed improvements to the Kapoho-Kalapana Beach Road section of Highway 137. Our office had earlier provided comments on this project to SSFM International, Inc. (Don Hibbard to Ron Sato June 19, 2000). The Hawaii Tribune Herald article of August 4, 2000 that you enclosed with your letter quotes you as having said that the Federal government must first approve the project and determine whether or not an environmental assessment is needed. The use of Federal funds, however, clearly triggers the Section 106 compliance process of the National Historic Preservation Act. This act requires Federal agencies to take into account the effects of their undertakings on historic properties, prior to the beginning of the undertaking. Thus, the federal agency which awarded the funds is obligated to comply with Section 106, and can have the County act on their behalf on some matters. Your letter indicates that the County will comply with Federal requirements. The first step of the compliance process is to determine if significant historic sites are present, which would be eligible for inclusion on the National Register of Historic Places. You indicate Oelson Page 2 that the road paving will not alter the trees along the road, or apparently go outside the current road corridor (which is lined with walls and has pre-European contact to 1800s Hawaiian historic sites in parcels along the road). Thus the area of impact seems to solely be the existing road corridor. [Note: This means no stockpiling or turning around outside the road corridor.] We also believe the road itself may qualify as a historic site, being older than 50 years in age. This needs to be evaluated. If the road is significant, then paving it will have an impact - altering its character. Consultation with interested parties would be a required part of the federal agencies responsibilities in such a situation. Clearly, there are a large number of interested parties. If the County should decide not to use Federal funds, it is our opinion that proposed project would stiii have to be reviewed under Chapter 6E-8 as a County undertaking, even Uiough paving may not require an SMA permit, with a very similar historic preservation process resulting. In conclusion, we believe that the proposed project will require historic preservation review, either through the Section 106 process if Federal funds are used, or Chapter 6E-8 if the project is funded with County monies. No construction should occur until that review process is concluded. In response to your questions about the Section 106 process we mailed you a copy of the new regulations on September 11, 2000. If you should have any more questions or comments please contact Patrick McCoy (692-8029). Aloha, Tf AOTHY E. JOHNS, Chairperson and State Historic Preservation Officer PM:amk c. Senator Daniel K. Inouye Representative Patsy Mink Senator Andrew Levin Mike and Irene Kubica Bob Davis Sheryl Kelso M. Stammen Ann Kobsa