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HomeMy WebLinkAboutCOM 0641.001 2002-2004 +<~"`•"vw Phone: (808) 961-8263 BOB JACOBSON tc Fax: (808) 961-8912 Cnmrcilntenrber G-Mail: jacobs(a~hgea.org •••h•D~~N'~ HAWAII COUNTY COUNCIL County of Hawai `i /lmrni'i County Building ` 'S Au/xtni SYreeL O ~ ~ //ilo. Uaiaai'i 96?20 C ~ ' -~'-c - N :J"1 May 25, 2004 -ti N MEMO TO: James Y. Arakaki, Chair x & Members Hawaii County Council FROM: Councilmember Bob Jacobson RE: Comm. 641 (Res. 194-04) Attachments regarding Puna Emergency Access Road transmitted for your information Eleven (11) Attachments Comm. No.~ W1 Ref. To: Irasa~hd Ref. Uate ~~li~ 1 904 Hawai `i County is An Equal Opportunity Provider and Employer FROM HRWRII ORCHIDS FRX N0. 8089666898 ~ ~ May. 06 2003 06:02PM PS Lorie Berkey P.O, Box i 149 Keaau, HI 96749 808-966-7303 808-966-7303 1=AX May 6,2003 RE Airtaloa Gate Dear Sirs, l am one of the many people who need to use the Emergency Bypass Road that was bunt with my tax money. k five 3 miles from my job. When t am forced to drnre around Keaau I dr'n~e 2t miles to work, and spend 45 minutes in my car. Not only do I spend money on gas and wear and tear on my auto; I am one of many who end upsifting af.the intersections. and lights atong the Keaau. l-fighway. Qne of the problems irr fhe mornings is the traffic, myself and many others who would use the Bypass Road would not be in traffic in Keaau. Please consider working-with Ainaioa to resovle this urgent problem. Thank you, Lorie Berkey Comm. No, ZZ'F S Ref• To• (:ef, Uate MAY 7 9(103 t i ~ _ FINAL ENVIRONMENTAL ASSESSMENT (NEGATIVE DECLARATION) PUNA EMERGENCY ACCESS ROAD MAY 1996 TMK (3rd) 1-6-13:81, 1-6-45:073 & 1-6-65:109 PUNA DISTRICT, HAWAII ISLAND, STATE OF HAWAII APPLICANT: County of Hawaii 25 Aupuni Street Hilo Hawaii 96720 CONSULTANTS: Ron Terry Ph.D. HCR 9575 Keaau, Hawaii 96749 APFROVING AGENCY: Office of the Mayor 25 Aupuni Street Hilo, Hawaii, 96720 CLASS OF ACTION: Use of County funds This document is prepared pursuant to the Hawaii Endvonmental Protection Act, Chapter 343, Hawaii Revised Statutes (HRS), and Title 11, Chapter 200, Hawaii Department of Health Administrative Rules (HAR). TABLE OF CONTENTS PART 1: ACTION DESCRIPTION 1 1.1 Project Location 1 1.2 Purpose and Objectives of Action 1 1.3 Project Description 3 1.4 Alternatives 3 1.4.1 No Action 4 1.4.2 Alternatives Evaluated and Dismissed 4 1.5 Ownership 5 l.6 Land Use Designation and Controls 5 1.7 Agency/Public Consultation 5 PART 2: ENVIItONMENTAL SETTING 7 2.1 Basic Geographic Setting 7 2.2 Physical Environment 7 2.2.1 Drainage 7 2.2.2 Lava Flow and Earthquake Hazards 9 2.2.3 Flora, Fauna and Ecosystems 9 2.2.4 Air Quality, Noise and Scenic Resources 11 2.2.5 Cave Resources 11 2.3 Social, Cultural and Economic 18 2.3.1 Socio-Economic 18 2.3.2 Archaeology and Historic Sites 21 2.4 Public Facilities and Services 23 2.4.1 Roads and Traffic 23 2.4.2 Public Services 27 2.5 Secondarylmpacts 28 2.6 Required Permits and Approvals 29 2.7 Consistency With Govemment Plans and Policies 29 2.7.1 Hawaii State Plan 29 2.7.2 State Transportation Functional Plans 29 2.7.3 Land Transportation Master Plan 30 2.7.4. General Plan and Puna Community Development Plan 30 PART 3: SUNIMARY OF ENVIRONENTAL Ilv1PACTS AND PROPOSED MITIGATION MEASURES 32 3.1 Short Terrn Impacts 32 3.2 Long Term Impacts 32 3.3 Impacts of the No-Action Alternative 3 5 i PART 4: DETERMINATION 36 PART 5: FINDINGS AND REASONS 36 REFERENCES 37 LIST OF FIGURES FIGURE 1 LOCATION MAP - PUNA EMERGENCY ROAD 2 LIST OF APPENDICES APPENDIX lA COMMENTS AND RESPONSES TO DRAFT EA APPENDIX 1B AGENCY LETTERS AND COMMENTS PRIOR TO DRAFT EA APPENDIX 2 AGENCY LETTERS AND PUBLIC COMMENTS RELATED TO CAVES PRIOR TO DRAFT EA APPENDIX 3 SIGN-IN LISTS AND SUMMARY OF ISSUES, 10 AND 1 I JANUARY 1996 MEETINGS APPENDIX 4 LETTERS OF SUPPORT FOR PUNA EMERGENCY ROAD FROM HAWAIIAN ACRES COMM. ASSOC. AND INDIVIDUALS ii PART 1: ACTION DESCRIPTION L I Project Location The County of Hawaii proposes to fund construction improvements and assume maintenance and liability for an emergency access road that would connect State Highway 11 to State Highway 130, passing through the Hawaiian Acres and Ainaloa subdivisions. The route begins at the junction of Old Volcano Trail (a County road) and 8 Road near Kurtistown in Hawaiian Acres; then proceeds southeast 4.5 miles along 8 Road to F Road; northeast 0.3 miles along F Road to 9 Road; southeast 0.50 miles along 9 Road to parcel 1-6-45:073 (hereaRer referred to as the connector lot); northeast 0.3 miles across the connector lot to Ainaloa B?vd.; and then northeast 3.1 miles along Ainaloa Blvd. to its junction with Highway 130 (all distances approximate) (Fig. 1). The total length of roadway is approximately 8.7 miles. The County will assume ownership and responsibility for the entire right-of--way associated with each road, which has a width of 60 feet in Ainaloa and 40 feet in Hawaiian Acres. 1.2 Purpose and Objectives of Action The primary purpose of the project is to provide a paved road connecting Highway 130 and Highway 1 l in order to improve Police Department, Fire Department, and ambulance services. It would also provide a bypass in case of accidents or Civil Defense emergencies that closed Highway 130 between Ainaloa and Keaau. Especially useful would be the ability of Hawaiian Acres residents who are prevented by flooding along the subdivision roads that connect to Highway 11 to exit via Ainaloa Blvd. The road would also be open for public travel and would serve residents for travel within and between the Hawaiian Acres and Ainaloa Subdivisions. The project proposal developed as a combination of several ideas generated within the Hawaii County Fire Department, the Office of the Mayor, and the Hawaiian Acres and Ainaloa Community Associations. The dedication of the road (albeit to emergency standards only) would enable future capacity and safety improvements to be paid for with fuel tax maintenance funds. 1 FIGURE I LOCATION MAP - PUNA EMERGENCY ROAD 5 ~ ~ Casa ,r.. ~ _ ~~,o~F ~ t ~ `1_ ~J ElevenmileH ~este ~ o '"1 ;cow - urtiRown ~ - ~ I3 ]9 til ~ ~ l RESERVA T~ ~ M DS - N ~ y A ~ - ~~e _ HAWAIIAN ACRES ~Q. P r ~ 4 ~QC ~ ~ ~ . ~ p ~ ti . _ g ~ ~ AI A i <a, ~ ~ - ~ > - ~ \ / 1 ~P3' Source: USGS County Series. Scale: 1:100,000 Hawaii County, Sheet 2 of 3 North 1980 2 1.3 Proiect Description Except for the connector lot mentioned above (a distance of approximately 1,800 feet), the road already exists. The project would widen, pave and otherwise improve the road as appropriate to meet the following standards: o Two paved 8-foot travel lanes, with center stripe; o Two paved 2-foot shoulders, striped for separation from travel lanes; 0 2-inch AC pavement; o Sight distance appropriate to 25 MPH road. All surfacing on the existing roads would be done over compacted base course that was installed about 30 years ago and has become overgrown from lack of maintenance. The new section on the connector lot would require grading and a base course in addition to paving. Because this section is an entirely new road, slightly higher standards requiring 20 feet of paved lanes, 6-foot shoulders, and 2-inch AC pavement over 4 inches of base course with 6 inches of sub-base (if necessary) will be applied. Most road work would take place in Hawaiian Acres and in the connector lot, because Ainaloa Blvd. currently meets the above standards in most places and requires only minor widening and striping. Ainaloa Blvd and much of Road 8 (approximately 60 percent of the total route) are already paved. Several sections of the road require safety modifications in order to meet minimum sight distance safety requirements. Because the roads are all straight, no adjustment of horizontal alignment is necessary. Blind hills impair sight distance in several locations, which will be improved mostly through placement of fill. Avery limited area of cutting is required. Shoulder widening will take place in the right-of--way almost exclusively on areas that have already been graded. Minimal grading is necessary here. The road would have a posted speed limit of 25 MPH. A County Capital Improvement Fund of $1,000,000 has been authorized to bring the route up to County emergency standards. These funds can only be applied after the County acquires ownership of the road. 1.4 Alternatives Several alternatives to the proposed project have also been examined, as required by sound planning principles and State law. This section briefly describes the Alternatives considered. Section 2 contrasts the environmental impacts of the Alternative retained for further consideration with the impacts of the proposed project where they differ. 3 1.4.1 No Action The roads would remain in private hands under the No-Action Alternative. No connection between Hawaiian Acres and Ainaloa would be built. County emergency services would remain difficult to provide in the area, and traffic attempting to exit Hawaiian Acres during floods would, as now, be obliged to cross the most flood-prone roads. No County funds would be expended, and no long term commitment to maintaining roads in the area would be incurred. It is reasonable to expect, however, that the project would eventually proceed in some form through private funding. 1.4.2 Alternatives Evaluated and Dismissed From Further Consideration Several approaches to providing emergency access were considered but withdrawn because of feasibility or cost considerations. Alternate routes were initially evaluated, including the following: A) Substituting Orchidland Drive for Ainaloa Boulevard; B) Utilizing 9 Road for a longer segment of the route; C) Extending the route along 8 Road to G Road and from there to Ainaloa; D) Eliminating the jog down F Road and 9 Road by purchasing the lots extending between 8 and 9 Roads midway between F and G Roads. Although each of these routes had some advantages, all were estimated to cost significantly more because of the need to create and/or upgrade longer segments of roadway. The length of such segments varied from a minimum of 0.35 miles under D and a maximum of 3.05 miles under A. The additional costs associated with these routes were not precisely calculated but were estimated to equal or substantially exceed $300,000. It is relevant to note that none of the dismissed alternative routes would avoid any of the basic environmental impacts associated with the proposed project. Also considered was the possibility of providing a County road in compliance with conventional road standards for lane and shoulder widths; curbs, gutters and sidewalks; and drainage structures. Cost estimates for this level of roadway exceeded $17 million, which was far in excess of the County's ability to provide assistance. This design would have better accommodated high levels of traffic, although it also would have encouraged greater levels of traffic (see Section 2.4. I). Finally, delaying action on the project was considered. This was rejected because of the risk of relying on a similar County Council appropriation in the future and the lack of obvious advantages. 4 1.5 Ownership The roads in each subdivision comprise one TNII{, 1-6-13:81 for Hawaiian Acres, and 1- 6-65:109 for Ainaloa. Under the proposed project, those segments of these roads that are part of the route would have their metes and bounds registered separately and transferred to County control. The County would assume ownership and control over the entire right-of--way associated with each road. No subdivision would be necessary. The connector lot, TNII{ 1-6-45:073, is privately owned and must be purchased or condemned. 1.6 Land Use Desisnation and Controls The route passes through azeas within the State Land Use Agricultural District. Zoning in Ainaloa is A-la (Agriculture 1 acre) with some Open zoning, and in Hawaiian Acres is A-3a (Agriculture 3 acre) with some A-Sa (Agriculture 5 acres). Roads are permitted uses within these Land Use Districts and zoning classifications. 1.7 Aeencv/Public Consultation As part of the consultation process for this Environmental Assessment (EA), the following agencies and organizations were contacted: County: Planning Department Department of Public Works County Council Fire Department Police Department Civil Defense Agency State: Historic Preservation Division Highways Division Federal: Fish and Wildlife Service Geological Survey Private: Ainaloa Community Assoc. Hawaiian Acres Community Assoc. Hawaii Speleological Survey Sierra Club 5 Copies of replies from those agencies and organizations with substantive comments are provided as Appendix 1B (and Appendix 2 for communications related to caves). Comments are discussed in the appropriate sections of the Environmental Assessment. Two public meetings were held specifically to gather comments and information for this EA. These occurred in Ainaloa and Hawaiian Acres on January 10 and 11, 1996, respectively. Appendix 3 contains the sign-in sheets from these meetings along with a joint summary of concerns and questions that arose at the meetings. Input from these meetings is also discussed in the appropriate sections of the text. Notice of the availability of the Draft EA was published by the Hawaii State Office of Environmental Quality Control (OEQC) in the Environmental Notice of February 23, 1996. This initiated a 30-day comment period during which the public was invited to respond to the Draft EA with comments or questions. In addition to the agencies, organizations and individuals listed above, the Draft EA was made available at all public libraries in Hilo and Puna, as well as the University of Hawaii at Hilo Library. Fifteen comment letters were received. These letters and the responses to them are included as Appendix 1 A. The Final EA was revised in portions to incorporate corrections or clarifications supplied by these comment letters. 6 PART 2: ENVIItONMENTAL SETTING, IMPACTS AND PROPOSED MITIGATION MEASURES 2.1 Basic Geographic Settine The elevation of the route at the junction of Highway 11 and Kuauli Street near Kurtistown is approximately 850 feet above mean sea level (amsl). The route then goes essentially perpendicular to the slope until on 9 Road between F and G roads, at an elevation of approximately 1,000 feet amsl, the route leads downslope along Ainaloa Blvd. to its junction with Highway 130 (the Keaau-Pahoa Road), losing approximately 500 feet elevation in about three miles. The route begins near Kurtistown at the Mauna Loa/Kilauea lava divide but then runs entirely atop geologically recent Kilauea lava flows. Topography consists of gently undulating pahoehoe hummocks with a regional slope of 3 to 4 percent. Most of this area was covered as part of the ' Ai La' au lava flow about 340 years ago (Moore and Trusdell 1991). The route traverses mainly pahoehoe lava flows with poor soil development (soil types rLW, rKFD, and rKGD; U.S. Soil Conservation Service 1973). Limited pockets of shallow silty clay loams overlying somewhat older pahoehoe flows are also present (PeC). The annual rainfall in the area varies from approximately 150 to 170 inches (Giambelucca et al 1986), and temperatures are mild. Land use in Hawaiian Acres and Ainaloa is primarily residences on small agricultural lots. Approximately 85 percent of the lots are vacant, and a relatively small proportion of occupied lots support actual agricultural endeavors. 2.2 Physical Environment 2.2.1 Drainaee Environmental Setting Due to the relatively recent lava surface, no permanent streams drain this area. In general, the permeable surface readily soaks up even heavy rainfall. Flooding under natural conditions for most of Hawaiian Acres and Ainaloa usually consists of minor overland flow and is short in duration. Lot grading and other activities that reduce surface permeability have worsened flooding in several locations. 7 The northern portion of Hawaiian Acres, particularly between B Road and C Road, experiences occasionally severe flooding that is mostly derived from outside of the Kilauea surface. Several intermittent streams originate upslope on the ash-covered surface of Mauna Loa between Mt. View and Glenwood. These streams follow the Mauna Loa/Kilauea boundary and converge above South Kulani Road. As a response to periodic flood damage to homes and fields in Mountain View and Kurtistown, a number of flood control structures have been built. A 3,000-foot diversion wall built in 1937 appears to have transferred much of the flood problem into the Hawaiian Acres area, which was subdivided 20 yeazs later. Since then, channelization and retention basins have been built in Mt. View. These measures achieved flood protection in those areas but did not solve the Hawaiian Acres problem (Community Management Associates, Inc., 1992: 20-22). In response to community concerns, Hawaii County in 1994 requested a detailed flood study of the area by the U.S. Army Corps of Engineers. The Corps began the study in October of that year but then terminated it less than a year later. They concluded that the preliminary economic and engineering analyses resulted in a benefit/cost ratio too low to justify federal participation in any flood control project (Source: Hawaii County Department of Public Works files). Impacts and Mitigation Measures The proposed project would neither solve nor worsen the drainage problems of Hawaiian Acres. The existing surface is either already paved or substantially compacted, meaning that the project would add only a negligible amount of additional impermeable surface. This is particularly true between B and D Roads on 8 Road, which is already paved. The only new road surface is located in an area with few known drainage problems where a new road is not expected to create a noticeable increase in runoff. It is recognized that continuing efforts among the subdivisions residents, the County, and the federal govemment will be necessary to provide a realistic solution to Hawaiian Acres' drainage problems. The dedication of the route to Hawaii County will provide further incentive for govemment involvement in such efforts. The No-Action Alternative would have substantially the same impacts as the proposed project, because it is believed that Hawaiian Acres would eventually pave most of the route and many additional roads with private resources. Without County involvement, funds to ameliorate drainage problems near the road would be scarce, and drainage problems might worsen. 8 2.2.2 Lava Flow and Earthquake Hazards Environmental Setting The proposed road, along with much of the Big Island, is subject to geologic hazards, especially lava flows and earthquakes. The location on the buttressed north flank of Kilauea's East Rift Zone has a rating of Lava Flow Hazard Zone 3 (on a scale of ascending risk 9 to 1). Zone 3 areas have had 1 to 5 percent of their surfaces covered by lava since the year 1800, and I S to 75 percent covered within the past 750 years. As such, there is considerable risk of lava inundation over relatively short time scales (see Heliker 1990). The entire island of Hawaii is in Zone 3 on a scale of ascending risk 1 to 4 in the Seismic Probability Rating (Furumoto et al 1973:34). Major damage corresponding to a score of 7 or above on the Modified Mercalli Scale is possible. Impacts and Mitigation Measures In general, these hazard ratings impose no constraints on the project. All construction should conform with the lateral load specifications of the Uniform Building Code. See Section 2.2.5 for a discussion of caves. 2.2.3 Flora Fauna and Ecosystems Environmental Setting Biological surveys of the route were conducted by the author on January 1996. Because of the location of the project along an existing road in an agricultural subdivision, the method was windshield survey for most of the route and walk-through as necessary. Lack of right-of--entry for the connector lot prevented direct access, although this section was examined from adjacent roads and through airphotos. In addition, the author consulted the U. S. Fish and Wildlife Service and Dr. Fred Stone of the University of Hawaii regarding endangered species and cave biology (Refer to Section 2.2.5). Roadside vegetation has retained variable degrees of the character of the original vegetation, which was Lowland Wet Forest (Gagne and Cuddihy 1990). The effects of the original right-of--way bulldozing, modification for driveways, yards and fields, and the spread of weeds has altered vegetation substantially in many areas. Nevertheless, the base flora of'ohi'a (Metrosideros nolvmornha) and uluhe fern (Dicrano~eris linearis) is still dominant over much of the route. A low forest of scattered' ohi' a trees surrounded by uluhe (often an indicator of fire) is typical, interrupted by more disturbed vegetation emanating from the roadside verge. Additional prominent floristic elements include native and alien sword ferns (Nenhroleois spp.), the 9 native species 'uki'uki (Dianella sandwicensis), and the aliens guava (Psidium guajaval, bamboo orchid (Arundina graminifolia), broomsedge (Andropogon vir inicus), California grass (Brachiara mutica), wai' awi (Psidium cattleianuml, and numerous others. Large monoculture patches of melastoma (Melastoma candidum) also dominate some of the right-of--way areas. The quality of the native forest increases with distance from the road. Especially in the southern section of Hawaiian Acres (along the F Road portion of the route), a native forest apparently part of a kipuka contains ' ohi' a trees up to 50 feet tall and a fairly well- developed understory containing such species as pilo (Coprosma spp.), kopiko (Psvchotria spp.) and ~ohe (Tetraplasandra hawaiiensis). Lowland Puna in general contains few native forest birds, as these species are mostly confined to elevations above 2,000 feet. Such birds may occasionally visit patches of ' ohi' a forest such as those found in the area. The Hawaiian hawk or ' io (Buteo solitarius) is often seen in the area. The subject parcels may also provide habitat for Hawaii's only land mammal, Lasiurus cinereus semotus (the ' ope ape a or Hawaiian hoary bat). Although both the Hawaiian hawk and the hoary bat are endangered species, they are wide ranging. The general area is not considered to be part of essential habitat for either species. The specific area to be disturbed is unlikely to contain nests or roosts of either species because of the absence of large trees in the right-of--way, and no hawk nests or bat roosting azeas are reported on the road right-of--way or in the connector lot. Impacts and Mitigation Measures According to information received from the U.S. Fish and Wildlife Service, other than the hawk and bat listed above, no listed, candidate or proposed endangered animal or plant species are found in the area. Because the proposed project would occur in an already disturbed right-of--way, it is unlikely that rare or endangered species would be in any way affected. In terms of conservation value, no other botanical or zoological resources requiring special protection are present. It is unlikely that any adverse impact upon bats or hawks would result from the proposed project. However, should 'io nests or bat roosts be found during construction on the roadway, activities in the immediate area will be suspended until contact is made with the Protection Forester, Division of Forestry and Wildlife (DOFAW) in Hilo and the Endangered Species Office of the U. S. Fish and Wildlife Service (FWS) in Honolulu. Construction activity will not resume until mitigation efforts (nest relocation or other requirements) are completed. Impacts resulting from the No-Action Alternative would be nearly identical. Only a tiny fraction of total ongoing impacts to native species and habitat in Hawaiian Acres or Ainaloa could be attributed to the paving of this existing road. 10 2.2.4 Air Ouality~Noise. and Scenic Resources Environmental Setting Air pollution in the area is minimal, although air quality is subject to periodic deterioration due to volcanic emissions ("vog") during southerly winds. Ambient noise is usually low in this rural area. Construction and agricultural activity may raise local noise to high levels for periods of hours to days. The scenery varies from suburban to ruraUagricultural to semi-wilderness. Impacts Road paving and other road work will produce localized air pollution through fugitive dust and exhaust from construction vehicles. Because of the relatively sparse settlement and the dispersive effects of wind, these effects are expected to be minor. Mitigation Measures The County should restrict construction activity in the easement to daylight hours to the greatest extent feasible. Professional traffic control should be utilized as necessary. Dust and noise control should be implemented during construction. Best management practices should be observed to control excess runoff during construction. 2.2.5 Cave Resources Soon after the County officials publicized the project, they began to hear concerns about impacts to lava tube caves. Members of the Hawaii Speleological Survey (HSS), including its chairman, Dr. William Halliday, met with a representative of the Mayor's Office to supply information on cave resources, to urge careful examination of impacts and to suggest mitigation measures. Dissatisfied with what they perceived as inadequate consideration of its viewpoint, the HSS alerted individuals and organizations throughout the world. As a result, the County has received a large file of corcespondence on the caves, which is reproduced in this EA as Appendix 2. The ensuing dialogue between the County of Hawaii and concerned citizens and organizations has helped provide information to the County and to clarify misunderstandings about the methods and context of the project. Because of the volume of corcespondence and sincere concern on this issue, this EA provides an extended discussion of the topic. 11 Existing Environment Lava tubes are an integral and common element of extrusive volcanic landscapes in shield volcanoes such as Kilauea and Mauna Loa. They are formed by the crusting over of active surface flows and provide an efficient means to transfer molten lava from the flow source to its terminus. After the molten lava drains away, an open segment of a roofed lava tube is often left behind. These caves vary in diameter from inches to tens of feet, and in length from several feet to over ten miles. They may contain multiple branches and layers braided together in a complex fashion. A lava tube system formed as one unit is often separated into multiple caves through collapse of intervening sections. Although their number cannot be ascertained precisely, it is certain that many thousands of lava tubes lie within the pahoehoe flows, which together with a' a flows and limited areas of ash compose the surface mosaic of the volcanoes. Because the proposed project crosses essentially perpendiculaz to the gradient of an extensive field of pahoehoe lava flows known as the 'Ai La'au Flows (ca. 340 years B.P.; see Section 2.1), many lava tubes are crossed. These include several named tubes with impressive diameters and lengths, including Kazumura, Keala and Lower U' ilani Caves. The HSS has submitted an application to nominate 'Uilani Cave to the Hawaii Natural Area Reserve System based on its geological features. For this EA, the HSS provided information on the location and chazacteristics of the following caves: Kazumura, Keala, Fern's, Pirate's, D-Road complex, and'Uilani. The author of this EA and representatives of the Hawaii County Planning Department and the Department of Public Works (DPW) consulted with local speleologists, the United States Geological Survey (USGS), the U. S. Fish and Wildlife Service (USF&WS), the State Historic Preservation Division (SHPD), and the University of Hawaii to determine resources of and impacts to these caves and others that might be encountered along the route. NOTE: No map of caves is provided in the EA because of mutual agreement among the consulted parties (including the State Historic Preservation Division and the Hawaii Speleological Survey) that such information might lead to unauthorized visitation and desecration of burials contained within. Disclosure might also burden the owners of the cave entrances with requests for visitation. 12 Lava tubes are valuable resources in several distinct ways: Geology. The morphology and features of lava tubes provide important information on the mechanics and histories of eruptions. Apart from their scientific value, excellent examples of lava tubes may also be worthy of preservation for their geologic and educational interest to the general public. Recreation. A growing number of cave enthusiasts with a variety of interests are known to be exploring lava tubes in Hawaii. Some ecotourism advocates see lava tubes as a unique and compelling tourist attraction. Cave explorers have reportedly connected collapsed sections of Kazumura Cave to make it the longest known traversable lava tube on Earth (approximately 37 miles) with the greatest elevation change of any cave in the United States (3,603 feet). Keala Cave is reportedly the second longest lava tube cave in Hawaii, at 5.3 miles. "Record setting" features such as these have attracted worldwide attention from cave enthusiasts and professional speleologists. Biology. Rare communities of specialized invertebrates, many unique to Hawaii, make their homes in lava tubes and interstitial spaces. Of greatest concern are the troglobites, which are obligatory cave animals living in the lightless zone. The cave ecosystem relies on energy sources from the surface and soil that enter via plant roots, percolating groundwater, and animals that accidentally find their way into (but not out of) the caves. The ~ohi'a (Metrosideros polvmorpha) tree supplies a major input of nutrients to [he system, and preservation of natural vegetation above some cave ecosystems is considered vital to ecosystem health (Dr. Fred Stone, pers. comm., December 1995). F.G. Howarth (1981) analyzed species found in Kazumura Cave as part of the Hawaii International Biological Program research effort in the 1970s. He discovered blind crickets, planthoppers, mites, and spiders among the 31 taxa of animals within the cave, most of which are accidentals. Since that time, biologists have discovered additional species in this and other Puna caves (Dr. Fred Stone, pers. comm., December 1995). Howarth noted that species diversity within lava tubes in Hawaii is highest in tubes of one hundred to several thousand years old, and in large, complex tubes with less human disturbance in the surface zone. Puna caves, especially those found in protected or undisturbed areas, meet these criteria. Although no species enjoying statutory protection under federal or state regulations (e.g., listed endangered species) is found within these caves, preservation of sufficient habitat to support Hawaii's unique cave fauna must be an integral part of efforts to preserve biodiversity in the Hawaiian Islands. Historic Sites Related to Hawaiian Culture. Native Hawaiians utilized caves for a variety of activities, including shelter, water collection facilities, shrines, places of refuge, fortified sites, and work areas. Evidence of this use persists in 13 many sites. Lava tubes served for centuries as burial sites for Native Hawaiians. Hundreds of burials have been recorded within lava tubes on the Island of Hawaii. The traditional Hawaiian attitude of respect requires that such remains should not be disturbed, viewed or even visited by those not properly authorized. The State of Hawaii Burial Council often requests that lava tubes containing such remains be sealed off to prevent entry. Such decisions, however, are made on a case by case basis. No single opinion exists in the Hawaiian community regarding entry into lava tubes in general, although meetings and discussions generated by publicity over speleological interest in caves has demonstrated that some individuals and groups are uncomfortable with unlimited access. These resource values may conflict. Any visitation (even by careful scientists) may damage delicate cave features such as lava stalactites and stalagmites, and may also damage cave organisms or habitat. Heavy use by recreational visitors (however sensitive) to caves may take a toll on the geological features and biology of some lava tubes. Most disturbing is the conflict between the wishes of many Native Hawaiians to exclude most visitation and the growing demand of recreational users to explore more and more caves on a more frequent basis. According to State Historic Preservation Officer Don Hibbard in his 18 December 1995 reply to HSS Chairman Halliday (see Appendix 2): [you] note that scientific and other visitors to these caves contribute considerable sums to the economy of Hawaii Island. We note that our division does not encourage viewing lava tubes as an economic resource because uncontrolled visitation could and has damaged historic properties within lava tubes. A number of Native Hawaiians have also expressed concern that such visits are disrespectful when so many lava tubes were used for burial. " Location and Nature of Impacts After a thorough, section-by-section review of the known cave locations and the type of construction activities planned above them, there is a consensus that the structural effects on all but Lower U' ilani and Pirate's Cave will be minimal. A reconnaissance of the proposed route by the Deputy Director of the Hawaii County Department of Public Works has determined that cutting or excavation will not be necessary in the areas of Hawauan Acres over Keala, Kazumura, Fern's or the D-Road caves, a concern stated repeatedly in HSS communications. This means that fill emplacement and paving will be the only modification of the surface, which most agree should strengthen, not weaken, the caves. One cave that may require collapse is Pirate's Cave, a low, broad cave that very shallowly underlies one of the project roads. In a letter of December 1995, Dr. Halliday expressed the opinion that Pirate's Cave was of minor importance and could be collapsed if necessary without objection by HSS (see Appendix 2). 14 In the Ainaloa Portion of the project, DPW engineers examined Lower U~ ilani Cave to investigate reports that the cave ceiling was unstable and close to the surface, posing a potential disaster. This section of the cave has been partially filled by road construction debris and substantial amounts of household garbage, old tires, etc. In the portion of the cave that passes under the road, there is no indication of recent or imminent collapse. It is possible that some structural modification of the cave will ultimately be necessary, as determined by periodic inspections which the County will implement under its bridge maintenance program. Such a modification would probably alter the interior of the cave. However, as Dr. Halliday has stated in his monograph of this cave system: "One obvious option for protecting vehicular traffic on Ainaloa Blvd. is placement of additional constructional fill in the cave. If this is done, it is likely that this would complete the filling of the cave passage at this point. In my opinion, this would do no significant harm to the cave, provided it is done in a manner consistent with the principal resources and values of the cave and access to them for those with need for that access. This is because additional clean fill in this short segment of the cave can do no further harm to the cave; past damage there is already maximal. In fact, if old garbage and trash is removed, the cave environment actually would be improved" (1993:3; see end of Appendix 2). In the connector lot between Ainaloa Blvd. and 9 Road in Hawaiian Acres, it is not likely that any substantial caves will be located, according to Dr. Stephan Kempe, a speleologist concerned with preserving Puna cave resources. In his letter to the Mayor's Office of 5 January 1996, he states: "The planned extension itself is in all probability free of major caves because it follows the northern edge of the Ainaloa Flow... " In addition to known caves, in all probability dozens of other caves, mostly modest in dimension, underlie the area, as they do virtually all pahoehoe-covered areas of the Big Island. Over 300 miles of private and public roads, ranging from multi-lane highways to dirt tracks, form a dense matrix over the ' Ai La' au flows, which are rife with lava tubes. During road construction large lava tubes are sometimes encountered (on rare occasions with damaging results). For the most part the lava tubes lie far enough beneath the surface to avoid substantial disturbance. Because the project will take place on existing roads with a history of over 30 years of travel by heavy equipment including bulldozers and fire trucks, it is unlikely that large lava tubes will be uncovered. However, as pointed out by Dr. Kempe (Ibid.), there can be no guarantee that no damage whatsoever will result. Mitigation efforts will include a search for tubes in the limited area where cutting will occur (see below). 15 Impacts and Mitigation Measures Impacts to Geological Resources: The loss of natural features or scientific value would be negligible. The small segments of Lower U' ilani and Pirate's Caves that may be affected are already well documented and have been adversely modified by placement of fill, trash, etc. Even considering the potential to encounter smaller lava tubes in the very limited sections contemplated for excavation, less than 0.001 percent of the mapped length of lava tubes in this section of Puna would be disturbed. Mitigation Measures for Geological Impacts. Every effort will be made to avoid collapsing major lava tube caves. If a section of a lava tube cave with potential geologic value must be d, the United States Geological Survey and the State Historic Preservation Division will be informed, and their advice considering scientific investigation and preservation of access will be considered. Impacts Related to Exposure to Hazards: During road construction, Pirate's Cave and any other lava tubes encountered near the surface will be evaluated on a case-by-case basis to determine whether collapse, fill or other structural modification is required. Lower U'ilani Cave has been inspected by Hawaii County engineers and is not considered unsafe at the present time. No structural modifications are currently proposed, although the cave will be more closely examined during modification of the road shoulders (the only construction activity proposed as part of this project along Ainaloa Blvd.). Mitigation Measures for Exposure to Hazards. Lower U' ilani Cave will be monitored as part of the Hawaii County Bridge Maintenance program. Periodic evaluations of its stability, including debris measurements and cave roof inspections, will take place. Structural modifications will be designed and built as necessary, in consultation with the State Historic Preservation Division. For other areas, the USGS has offered to perform magnetic surveys to determine the precise location and approximate depth of lava tubes in the following sections: along the areas proposed for cutting, in the lot connecting Ainaloa Blvd. to 9 Road, and above Keala, Kazumura and the D Road complex. This location will help ensure that no lava tubes are inadvertently collapsed and that the geologic hazard potentially posed by as yet undetected lava tubes is identified and mitigated. Impacts to Recreation: Other than the section of Pirate's Cave under the roadway, which is occasionally used by children, no loss of recreational cave areas would occur. It should be noted that all current recreation takes place on private land, often without owner's permission, and is not sanctioned by the County or community associations. Mitigation Measures for Impacts to Recreation: None are proposed. 16 Impacts to Biology: The construction of a road above a lava tube may also affect subterranean fauna by removing vegetation whose roots penetrate into the subterranean spaces to provide nutrients, altering the flow of water and introducing pollutants. Because a road already exists above all but 0.31 miles of the proposed route, these effects will be negligible, although it should be noted that increasing the width or thickness of pavement above a cave may lead to less groundwater penetration with subsequent habitat dehydration. If a section of a cave is collapsed, the potential for alien species introductions increases, and airflow between segments may be lost. Mitigation Measures for Impacts to Biology: If a section of a lava tube with substantial biological value must be collapsed, a culvert allowing airflow passage will be emplaced and the new entrance sealed to prevent alien species introduction. Impacts to Historic Sites Related to Hawaiian Culture and Proposed Mitigation: The principal Hawaiian cultural issue pertains to archaeological features found within the lava tubes, especially those related to burials. As stated before, many native Hawaiians feel that the sanctity of burial areas may be violated by visitation of some ?ava tubes. In this sense, the greatest impact on this resource value has been the purposeful or inadvertent destruction ofnear-surface lava tubes during construction or roads, cesspools, and building sites. Deeper caves are protected from such problems, but the enthusiasm of those who seek to explore caves has also led to impacts on fragile and sensitive resources. No lava tubes are expected to be impacted by the proposed project with the possible exception of Pirate's Cave. Archaeologists with the State Historic Preservation Division have concurred with the County of Hawaii's determination that road construction will entail no impact to historic sites associated with caves. The reader may refer to Section 2.3.2 for a full discussion of historic sites resources, impacts and mitigation. Scale and Significance of Impacts It is possible that by the end of the proposed project, no lava tubes will have been collapsed and physical effects on lava tubes will have been essentially zero. However, as stated above, it may be necessary for road safety to collapse, fill or place supporting structures within small portions of Lower U~ ilani Cave, Pirate's Cave, and smaller tubes that may be encountered along the route. Such modifications would not represent a significant impact as defined in Chapter 343, HRS, and Title 11, Chapter 200, HAR, which govern environmental impact analysis for such projects. No natural or cultural resources would be lost, no rare or endangered species or community would be substantially affected, nor would any other significant impacts occur, as specified in Part 5 of this EA. 17 It should be noted that the entire region surrounding the proposed project is an agricultural subdivision, crisscrossed by hundreds of miles of roads and driveways and occupied by hundreds of homes. Except in the situation when caves contain human burials, they do not enjoy substantial legal protection within private property in this area, and may be legally collapsed or used for a variety of purposes such as depositing yard wastes or storage. Although the County, State and federal governments do not authorize such uses, they have no authority to prevent them. Apart from these activities, lot grading associated with home construction and agriculture is substantial and will only grow in scale. According to one estimate, over 585 private landholdings exist over Kazumura Cave alone (William McClellan, pers. comm., January 1996). The environmental effects of paving/repaving of an existing road must be evaluated within this land use context. The No-Action Alternative would not preclude impacts to caves, because Hawaiian Acres residents would eventually improve and modify this and other roads (as well as their own lots, which overly the vast majority of cave length) with their own resources. In fact, the protection to cave resources afforded by County involvement is considerably greater. 2.3 Social. Cultural and Economic Settine 2.3.1 Socio-Economic Environmental Setting The 1990 U.S. Census of Population counted 20,781 inhabitants in the Puna District (U.S. Census Bureau: STFIa CD-ROM). The rapid rate of growth experienced in Puna during the 1980s (76.8 percent) has probably slowed somewhat, but it is likely that Puna is home to at least 25,000 people in 1996. The steady growth is in part attributable to the ready availability of inexpensive building lots and rental housing within a reasonably close distance to Hilo, the major source of jobs and government services. The economic structure of the Puna District has changed greatly since the era when sugar cane plantations dominated the landscape. The Technical Reference Report, Puna Community Development Plan (Community Management Associates, Inc. 1992) showed that in 1980, 36.3 percent of the Puna population were in the labor force. Of the total, 15.4 percent were managerial, 21.6 percent were involved in technical, sales, or administrative work, 13.0 percent were in service occupations, 15.8 percent in farming, forestry, or fishing, 15.1 percent in precision production, crafts, or repair work, and 6.2 percent were operators, fabricators, or laborers. Government workers made up 19.0 percent of the total, self-employed workers were 14.6 percent, and the remainder, 65.9 percent, were private wage and salary workers. Puna had and continues to have a diverse economy, even if many of the jobs are actually situated in Hilo. In contrast with former years, small businesses employ more workers than any large concerns. 18 Puna displays many of the characteristics of a disadvantaged region in its census statistics. The Keaau-Mt. View Division (which includes the entire study area) in 1989 had a median household income of only $24,149, compared to $29,712 for the County as a whole. Twenty percent of individuals had income below the poverty level, a rate nearly a third larger than Hawaii County. More than 27 percent of those age 25 years or over have less than a high school education, and almost 13 percent have a work disability, compared to 22.3 percent and 9.6 percent, respectively, for the County as a whole. Many of Puna's problems are related to the rudimentary infrastructure of its sprawling subdivisions, which was well-suited for speculation but inadequate to serve the needs of the low and middle income families who have come to occupy the district. The lack of paved roads on routes used by hundreds of residents daily is an example of such deficiencies. The growing population continues to strain the substandard roads, worsening the impact. Because the roads are not public, fuel tax monies and other sources of maintenance available to County residents in better-off districts are unavailable to address these deficiencies. Other problems often cited by Puna residents are typical of disadvantaged communities: crime, unemployment, and lack of public amenities such as recreational facilities. Neither Hawaiian Acres nor Ainaloa are geographic areas monitored by the U. S. Census of Population. Recent informal counts by the community associations indicated that approximately 825 home structures (counted in January 1996) are present in Hawaiian Acres (out of 4,008 total lots). There are 650 homes in Ainaloa (out of 3,683 lots). Multiplying the number of home structures by the average occupancy rate, and then by household size for the respective census tracts, yields an estimated population of 1,744 for Hawaiian Acres and 1,634 for Ainaloa. These figures must be regarded as very rough estimates. Subdivision residents often commute to Hilo for work, while some operate home businesses or farms. A lazge proportion of residents are retired or for other reasons are not in the labor mazket. Impacts According to input~received at public meetings (see Appendix 3) and personal interviews, most residents of the subdivisions feel that the road will bring a net positive impact to their commutrity. The increased access to fire, police and medical emergency services was cited by many. Others welcomed the extension of public school bus service, which is unavailable to residents far from a paved road. Another factor cited by many was the increased level of safety that a paved, 16-foot road will provide. The creation of an alternate evacuation route for residents trapped by flood waters between B and C Roads is seen as essential. Lot owners recognize the substantial financial benefit of having the County maintain and assume liability responsibility for the road. Very few cited the slight increase in connectivity between Mt. View and Pahoa that the road will enable as a reason for support. A number of copies of a letter of support for the road were delivered 19 to the author at the January 11, 1996 meeting in Hawaiian Acres (see Appendix 3). In general, support for the road was more marked in Hawaiian Acres, where most of the improvements will be made, than in Ainaloa, where a paved road exists. It is important to note, however, that the Ainaloa Community Association Board of Directors voted almost unanimously to support the road. The major potential adverse impacts cited by residents were loss of the rural atmosphere, busier traffic and the possibility of increased crime as criminals took advantage of easier access and getaway routes. Attendees at the public meetings made several suggestions for mitigating these impacts, most of which are incorporated in the list below. Ideas rejected by Hawaii County included gating the connection between Hawaiian Acres and Ainaloa (inadvisable for a public road and unwieldy to maintain). Traffic impacts are discussed in Section 2.4.1. One result of the publicity that surrounded the publication of the Draft Environmental Assessment and Hawaii County Council meetings on condemnation of the connector lot is that it has become apparent that some Hawaiian Acres residents strongly oppose the road. Appendix 1 A contains the Comments to the Draft Environmental Assessment, including letters from four individuals stating opposition to the project. They cite concerns about traffic volume, pedestrian safety, community ownership of the road, preserving the rural lifestyle of Hawaiian Acres, the need for recreation projects, and crime. Some of these individuals have also circulated petitions (a copy of pages mailed to author are attached in Appendix IB) and submitted testimony at Council hearings. Conversely, a number of letters from residents who support the proposed project were also received. Some of these individuals have also testified at Council hearings. Mitigation Measures The following mitigation measures are proposed: o Monitoring of the crime rate within the subdivisions by Keaau Police in order to determine whether an increase ensues after road construction. The Hawaii County Police Department has an expressed a willingness to keep these statistics. If justified, additional police patrols should be implemented. o Increased reliance and participation in Neighborhood Watch programs The No-Action alternative would reduce access for criminals but also for police. 20 2.3.2 Archaeoloev and Historic Sites Background Recent inventory surveys have yielded abundant physical evidence that pre-Contact and early post-Contact Hawaiians used inland Puna extensively for habitation, gathering, temporary shelters, burials and other purposes. The rainforest environment provided plant and animal material for cordage, featherwork, medicine, dyes and ceremonial items. In addition, lava tubes were also used for various purposes, especially burial, which have in some cases left behind sites of historic and/or cultural significance. The fact that the proposed route is located on the ' Ai La' au lava flow, only 340 years in age, reduces but does not eliminate the possibility that substantial historic sites may exist in Hawaiian Acres or Ainaloa. The State Historic Preservation Division (SHPD) was consulted for guidance on determining archaeological resources in the area and necessary mitigation work. Surface Resources Although historic sites may be present in the region traversed by the road, they are not expected on or near the road itself, because the entire route (except the connector lot) was bulldozed to a width of 40-60 feet during the creation of the subdivision. The road has since experienced regular maintenance and brush clearing and is highly unlikely to contain any traces of its original surface or immediate subsurface. Examination of the road and its right-of--way revealed no historic sites. SHPD determined that the road construction in the existing right of way would probably have no effect on historic sites. The connector lot has not yet been surveyed because the County has not yet been able to obtain right of entry. Although the geologic and land use setting make it unlikely that historic sites would be present, the presence or absence of the historic sites on this parcel is yet to be determined. Lava Tube Resources Section 2.2.5 (Cave Resources) discusses the extent and location of lava tubes in relationship to the proposed project. As explained in that section, of the known lava tubes that traverse the area under the proposed project, Keala, Kazumura, and the D-Road Complex (along with any historic sites that might be contained within) would not be affected by the proposed project. The project as planned would not impact U'ilani Cave, although the County may in the future need to enter and perhaps modify sections of the cave if stability problems develop. U' ilani Cave contains historic sites, including a Hawaiian burial, in areas near (but probably not under) Ainaloa Boulevard. 21 As discussed in Section 2.2.5, Pirate's Cave is a small, shallow cave on F Road between 8 Road and 9 Road. This cave may need to be collapsed as part of the project. An archaeologist with SHPD visited the cave and determined that no historic sites are present. Although local cave experts and ground survey indicate that no substantial lava tubes are present along the corridor, smaller lava tubes that could possibly contain historic sites or burials may be present. Impacts On the basis of the archaeological inspections conducted so far, the State Historic Preservation Division (SHPD) has determined that no impacts to historic sites are likely to occur in any caves (for discussion of U' ilani Cave, see Mitigation below) or for the road areas that have been surveyed. However, impacts to potential historic sites on the connector lot cannot be determined until this lot is adequately inspected. Mitigation Measures o The County of Hawaii will conduct an inventory survey of the connector lot in consultation with and with the assistance of SHPD after right of entry is obtained. The County will comply with SHPD's requirements, if any, for data recovery and mitigation. o In the event that the County one day undertakes structural modification of U' ilani Cave as a result of information obtained through its periodic bridge maintenance inspections, SHPD will be consulted immediately. It is understood by the County that a mitigation plan to deal with the reported burial will need to be developed. If the burial proves to be located very near or under Ainaloa Blvd, then the Hawaii Island Burial Council will be asked to determine if the burial should be preserved in place or relocated. If the burial will not be directly affected by any proposed stabilization work but is still in the general vicinity of these actions, then the Burial Council will be asked if they would recommend to protect the burial. o As discussed in Section 2.2.5, the U.S. Geological Survey (USGS) has offered to perform magnetic surveys to determine the precise location and approximate depth of lava tubes in the following sections: along the areas proposed for cutting, in the lot connecting Ainaloa Blvd. to 9 Road, and above Keala, Kazumura and the D Road complex. This location will help ensure that no lava tubes are inadvertently collapsed and that the geologic hazard potentially posed by as'yet undetected lava tubes is identified and 22 mitigated. SHPD will be provided a copy of any report that results from this research. o If any lava tubes are opened or collapsed during road improvements, or if any artifacts, charcoal, human remains, or lava tubes are discovered during construction the County will contact SHPD so that they may inspect the tube, determine if any historic sites or burials are present, evaluate the significance of the site if possible and determine if any mitigation work is necessary. The County will comply with all requirements of Chapter 6E, HRS. The No-Action Alternative, as discussed in Section 2.2.5, would not preclude impacts to historic sites, because Hawaiian Acres residents would eventually improve and modify this and other roads with their own resources. In fact, the protection to historic sites afforded by County involvement is considerably greater. 2.4 Public Facilities and Services 2.4.1 Roads and Traffic Existing Facilities The Puna District, which is the size of O' ahu and contains almost 60,000 lots, is undersupplied with transportation facilities. The large majority of existing roads are private, and 500 miles are unpaved. The only two highways that provide access to the district converge at a bottleneck in Keaau. The daily traffic congestion on Highway 130 is evidence of the inadequacy of the road infrastructure. Average daily traffic (ADT) is periodically monitored by the State Highways Division. ADT on Highway 130 approximately 1.4 miles southeast of Keaau in August 1994 was 18,518. ADT for Highway 11 at Kuauli Road near Hawaiian Acres was 10,861 (State DOT Planning Branch files). If current growth trends continue, these levels are forecast to at least double by the year 2020. There is a clear need for a wide strategy of solutions to address Puna's circulation problems. Suggestions have included additional lanes on existing highways, new primary and secondary arterials, increased bus service, and new forms of mass transit such as light rail. A complementary approach developed in the Puna Community Development Plan (in draft) is to retrofit the subdivisions for a wider range of land uses. This could divert much Keaau/Hilo-bound traffic by providing alternate sources of jobs, goods and services. Regardless of the mixture of strategies employed, it is generally agreed that rural Puna roads require major improvement. 23 The existing road network in Hawaiian Acres and Ainaloa is entirely private. Ainaloa Blvd. provides the only entrance to Ainaloa and is paved along its entire distance. It provides access to secondary unpaved streets which front most of the subdivision's lots. Hawaiian Acres has three entrances. The proposed route uses the central and busiest access. The existing roads in Hawaiian Acres have a problem with blind hills and narrow lanes. Traffic volume is not monitored by the State or County, and no standard statistics on (ADT) or peak-hour traffic are available. Observations by the Hawaiian Acres Community Association indicate a typical level of 60-80 vehicles/hour at the 8 Road/B Road intersection. There are numerous delays and safety problems when vehicles moving in opposite directions meet and one is obliged to stop at a wide spot and wait while the other passes. Large segments of the proposed route, including the 8 Road and 9 Road sections, access numerous driveways, and are inappropriate for high speed roads or traffic. Road maintenance for both subdivisions has heretofore been the responsibility of subdivision lot owners through road maintenance corporations. Impacts The proposed project would provide a County road connection between State Highways 11 and 130. The distance between Mt. View and Pahoa using the State Highways is currently 12.2 miles; the proposed route would reduce this very slightly to 11.6 miles. While the principal purpose of the road is to provide better emergency (fire, police, civil defense and medical) services for the residents, non-emergency traffic will undoubtedly increase. Conceptually, the increase in traffic is the sum of five basic sources: A) Tendency of Hawaiian Acre residents who already use existing route to make more frequent trips because of increased safety, comfort and time savings. This increase is expected to be minimal. B) Preferential use of newly paved sections of 8 Road, 9 Road and F Road by Hawaiian Acres residents who might otherwise have chosen alternate routes. Because most residents of the middle to lower sections of Hawaiian Acres appear to use 8 Road preferentially already, this increase would be minimal, except perhaps on F Road, which heretofore experienced little traffic. C) Use by Hawaiian Acres residents to access Ainaloa, Pahoa and Lower Puna; use by Ainaloa residents to access Hawaiian Acres, Kurtistown, Mt. 24 View and other destinations found mauka on Highway 11. An unknown but probably modest number of such trips will be made. The route provides a time and distance saving only for those within the interior of each subdivision, for example, mauka of the middle of Ainaloa Subdivision or beyond C Road in Hawaiian Acres. The State Highway route compensates for the slight increase in distance by its much higher design speed. However, some residents may choose to drive on the proposed road, regardless of a time savings or lack thereof, for reasons of scenery, slow pace or novelty. D) Use of the route by residents of Lower Puna (particularly those on the Pahoa side ofMaku'u Drive) to shortcut around morning trafficjams on Highway 130. Although there may be some initial explorations of this strategy by traffic- weary motorists from Lower Puna, the route would almost always involve more rather than less time. The distance to Keaau would be approximately twice as long using this "shortcut." Factoring in the much lower design speeds of the highway, even those who live in the mauka portions of Ainaloa would probably not benefit except during the worst traffic jams. In addition, the advantage of using the road will be at a minimum during the morning rush hour on Highway 130, because Hawaiian Acres residents will themselves be commuting on the road. For those Lower Puna commuters turning left onto Highway 11 bound for Mt. View or Volcano, the road may offer a true alternative. However, such traffic is thought to be a very small component of the morning peak hour volume. E) Use by non-residents of Hawaiian Acres and Puna to bypass Keaau on their way between Volcano and Pahoa. As discussed in (3) above, the distance savings is minimal and considerably more time must be spent on the proposed road. Nevertheless, an unknown but not negligible number of motorists with such paths would likely use the road for its scenic or other values. No traffic engineering or modeling was conducted to determine the exact quantity of increase, but it is thought by the County to be well within the absorptive capacity of the road and the State Highway intersections that will receive its traffic. Most observers believe that the considerably improved state of the road will offset any adverse impacts related to increased traffic flow. In the words of the Hawaii County Police Chief (see Appendix IB, letter of 8 January 1996): 25 "On balance, this road would enhance vehicular movement which would improve the quality of life in our community." Because of the uncertainty over the level of traffic, mitigation measures are recommended. Mitigation Measures o The potential for speeding can be countered by a police presence, which should be especially prominent during a short period after the road is opened. o If a speeding problem persists, the use of road ripples should be considered. This currently experimental technique in road paving causes vehicles traveling at a certain level above the design speed to shake uncomfortably but does not affect vehicles traveling below this level. o The County should monitor Average Daily Traffic (ADT) and peak hour traffic. Alternatively, County personnel could train the Road and Traffic subcommittees of the community associations to perform these tasks. o Information from these activities can provide a baseline for future road planning and would help alert the County to potential traffic volume- related problems. Additional mitigation measures may be instituted as necessary. The eventual upgrading of the road to full County standards could occur if justified by traffic volume and community consensus. o Potential traffic increase at the outlets of State Highways 130 and 11 will be mitigated by two State projects currently in planning or construction. These will add full turning lanes on Highway 130 at Ainaloa and a left turn lane from Highway 11 onto Kuauli Street, which accesses the proposed project terminus at Old Volcano Trail in Hawaiian Acres. o The traffic impact will be mitigated if and when some of the road projects described in Section 2.7.4 are completed. Because of the numerous driveway accesses, the conversion of the Puna Emergency Road into a primary or secondary arterial would be problematic. The relationship between the proposed project and other proposals to establish transportation condors in the Central Subdivision area is discussed in Section 2.7.4. The No-Action Alternative would avoid impacts related to traffic volume, but at the cost of continuing very substandard road conditions. Safety would continue to be a problem for roads burdened with blind hills and narrow lanes (particularly 8 Road). 26 2.4.2 Public Services Existing Services The Puna District is currently served by a Police Station staffed with 43 police officers and two clerks. Service is provided round-the-clock, and at any given time there are five officers on duty. Personnel at the facility have increased parallel with population growth in Puna, but the station still lags behind its optimum number (Acting Captain James Kelly, pers. comm., January 1996). Fire and emergency services are available round-the-clock at Keaau Fire Station. Currently the station employs three captains and fifteen firemen on three shifts. Full emergency service including ambulance service is available. The station also relies the Kawailani, Waiakea, Kaumana (all in Hilo) and Pahoa stations for backup. Volunteer departments and/or minimal stations in several subdivisions also supply manpower and equipment. Emergency response to natural and civil disasters of Puna -which include lava flows, floods and brush fires - is provided by the Hawaii County Civil Defense Agency. Ainaloa is served by Keonepoko Elementary School and the Pahoa Elementary, Intermediate and High Schools. Hawaiian Acres children attend Mt. View Elementary, Keaau Intermediate and Waiakea High Schools. Impacts and Mitigation Measures As indicated in communications in Appendix 1B and in numerous statements by fire, police, and civil defense officials at public meetings, the proposed project would greatly facilitate the provision of emergency services not only in Hawaiian Acres and Ainaloa but in Puna in general. The road is supported by these agencies. The Hawaii Department of Education (DOE) does not plan to initiate any redistricting of schools on the basis of the proposed road (Horace Hara, DOE Facilities Planner, pers. comm., January 1996). During the next decade a number of additional schools are planned for Puna, including a new high school, elementary school and intermediate school in Keaau. Demographic trends and pressure on existing facilities will ultimately be the most important factors in redistricting decisions. The No-Action Alternative would perpetuate problems in access and response time presently experienced by police, fire and emergency services. Eventual paving of the 8 Road by Hawaiian Acres residents would alleviate this to some degree, but the lack of a connection to Ainaloa would continue to present evacuation and emergency difficulties. Other roads proposed for the fixture might mitigate some of these impacts. 27 2.5 Secondary Impacts The road improvement may induce some level of population increase as the lots become more accessible and the rate of subdivision infilling increases. Such an impact is called secondary because it is an indirect result of the project. Population growth may in turn produce further indirect positive impacts, such as economic opportunities, jobs, improvements to community services and recreational facilities, as well as adverse impacts, such as additional traffic, drainage problems, exposure to lava flow hazards, and deterioration of native ecosystems. Realistically, the proposed project has the potential to generate secondary impacts only in the interior of Hawaiian Acres. The portion of Hawaiian Acres within 2 miles of Highway 11 already enjoys reasonable road access, and Ainaloa subdivision is already quite accessible and will not be made any more so by the proposed road. Hawaiian Acres, like other areas of Puna, has experienced continual infilling of homes and population since it was created in the late 1950s. There is little question that this will continue into the foreseeable future. It is probable that the proposed road will slightly accelerate this trend by increasing the liveability of the subdivision. This potential must be seen, however, in the context of larger trends in Hilo and Puna. Major new residential subdivisions are approved and in planning stages in Puueo and Keaau. The W.S. Shipman, Ltd., development in Keaau in particulaz will present an intervening opportunity for many home or lot buyers who now must resort to the Puna subdivisions for affordable land. The curcent infrastructure crisis in these subdivisions is rapidly tarnishing their appeal, and Shipman's fully supplied development may offer powerful incentives that more than offset higher lot prices. If Shipman's development takes place as envisioned, it is quite possible that the current growth rate in all Puna subdivisions, including Hawaiian Acres, may be slowed greatly. In summary, the proposed project would not involve substantial secondary impacts on population growth or public facilities. The level of impacts that would result would: a) not be substantial because of the relatively small degree of influence the road would exert; b) not involve a large area; and c) not be unintended, because the entire area is zoned for such use. Mitigation Any potential secondazy impacts can be mitigated by continual attention to sensible development of Puna's infrastructure in keeping with the rural atmosphere of the district. These efforts are underway on a number of fronts, including the Puna Community Development Plan (see Section 2.7). 28 2.6 Required Permits and Approvals Count Grading Permit 2.7 Consistenceswith Government Plans and Policies 2.7.1 Hawaii State Plan The Hawaii State Plan was adopted in 1978 and was revised in 1986 and again in 1991 (Hawaii Revised Statutes, Chapter 226, as amended). The Plan establishes a set of themes, goals, objectives and policies that are meant to guide the State's long-run growth and development activities. The three themes that express the basic purpose of the Hawaii State Plan are individual and family self-suffrciency, social and economic mobility and community or social well- being. The proposed project would help accomplish these goals for the subdivision residents by promoting better emergency services and improving the quality of transportation. 2.7.2 State Transportation Functional Plans The Hawaii State Plan provides for the preparation of Functional Plans by the State agencies responsible for certain program areas. There are twelve Functional Plans which deal with specific areas of concern, and each contains objectives, policies, and implementing actions necessary to accomplish the goals of the plan. State Functional Plans cover the program areas of agriculture, transportation, conservation lands, housing, tourism, historic preservation, energy, recreation, education, health, human services and employment. Relevant to the proposed project is the State Transportation Functional Plan. Objective I.A: Expansion of the transportation system. Policy I.A.2: Improve regional mobility in areas of the State experiencing rapid urban growth and road congestion. Policy I.B.1: Close the gap between where people live and work through decentralization, mixed zoning, and related initiatives. 29 Objective I.D: Identification and reservation of lands and right-of--way required for future transportation improvements. Policy III.A.2: Pursue private sector participation in the financing of transportation systems, developments, and projects. The proposed project is consistent with objectives and policies to improve transportation in rural areas. 2.7.3 Land Transportation Master Plan The State of Hawaii is now revising the Island of Hawaii Long Range Transportation Plan (Hawaii State Department of Transportation 1991), which presented current data on traffic volumes, projected future traffic volumes and offered a scenario of optimum highway planning. This document (now titled the County of Hawait Long Range Land Transportation Master Plan for 2020) is currently in draft form. The present draft does not develop strategies to address circulation problems generated within the subdivisions and instead concentrates on improvements to the existing State highways. Although the proposed project is not currently represented among the road proposals for Puna, it would not conflict with any of the suggested measures. 2.7.4 General Plan and Puna Communi~v Development Plan The General Plan for the County of Hawaii is a policy document expressing the broad goals and policies for the long-range development of the Island of Hawaii. The plan was adopted by ordinance in 1989. The General Plan is organized into thirteen elements, with policies, objectives, standards, and principles for each. There are also discussions of the specific applicability of each element to the nine judicial districts comprising the County of Hawaii. The Puna Community Development Plan (PCDP) was commissioned in 1991 and is still in draft form (Community Management Associates, Inc. 1995). The purpose of the PCDP is to develop specific measures that fulfill and enhance the goals expressed in the General Plan. Although not yet accepted or adopted, it contains many proposals that reflect current thinking on Puna's needs that are likely to themselves be adopted as policy. The following General Plan recommended courses of action and PCPD-identified specific concerns and recommendations are relevant: 30 General Plan Courses of Action: o Consider, in conjunction with the community associations and property owners, the use of a variety of mechanisms to provide infrastructure in the non- conforming subdivisions. PCDP Specific Concerns: o Congestion relief ofrush-hour traffic between Pahoa and Hilo, especially focussed on the Keaau bottleneck. o Liability issues surrounding public use of privately owned subdivision collector roads. o Width deficiencies for private subdivision roads to meet County standards, and cost of current standards. PCDP Recommendations: o Encourage the State to plan and implement development of a rural arterial corridor extending from the upper end of Kahakai Boulevard to the bottom of Hawaiian Acres, or another limited access in the same general area, and then through Hawaiian Acres at "Nine and a Half Road" (between Nine and Ten Roads) to Kuauli, then through the upper parts of Kurtistown and below Happy Home, to connect with the Komohana Extension in Hilo. o Plan for and seek design funding for implementation of the Central Subdivision Corridor as shown in the General Plan, seeking State and federal assistance, as a limited access route, based on appropriate engineering studies and seeking to protect the underground lava tubes in the vicinity. o Design upper ("Nine a Half Road") and lower (14th aor 15th Streets) laterals and a Central Subdivision Corridor to preserve options for later conversion to street car or light rail, and to otherwise comply with ISTEA requirements for rural arterials. o Collaborate with the subdivisions for gradual County acceptance of approved subdivision collector streets. The proposed project has not been intended and should not be interpreted as a solution to the District's needs for primary or secondary arterials. These needs would best be met by the routes suggested in the PCDP and in the Land Use Transportation Master Plan. Limited access roads (i.e., roads which do not provide access to a multitude of driveways) are probably necessary for such arterials. 31 However, the Puna Emergency Road could meet both emergency needs and provide an acceptable level of service for the modest level of every day traffic expected to utilize it. In represents a realistic approach to working with the existing subdivision infrastructure to address the most pressing transportation needs, particularly emergency access. The proposed project is part of a spectrum of responses that are developing to meet the concerns identified in the General Plan and the Puna Community Development Plan. PART 3: SUMMARY OF ENVIItONMENTAL IMPACTS AND PROPOSED MITIGATION MEASURES Listed below are impacts and proposed mitigation measures for categories in which impacts are apparent. Refer to Part 2 for detailed discussions. 3.1 Short Term Impacts Construction Impacts: Short term impacts will result from landclearing and construction activities. The impacts will consist of temporary noise, dust and exhaust from machinery and heavy equipment. Mitigation: The County should restrict construction activity in the easement to daylight hours to the greatest extent feasible. Professional traffic control should be utilized as necessary. Dust and noise control should be implemented during construction. Best management practices should be observed to control excess runoff during construction. 3.2 Long Term Impacts Traffic Impact: The proposed road would greatly improve traveling conditions for many residents of Hawaiian Acres. However, both Average Daily Traffic and peak-hour traffic can be expected to increase due to a combination of several factors related to within-subdivision, between-subdivision, and extra-subdivision trips. Mitigation: o The potential for speeding can be countered by a police presence, which should be especially prominent during a short period after the road is opened. Alternate measures such as road rippling should be considered if the speeding problem persists. 32 o The County should monitor Average Daily Traffic (ADT) and peak hour traffic. Alternatively, County personnel could train the Road and Traffic subcommittees of the community associations to perform these tasks. o Information from these activities can provide a baseline for future road planning and would help alert the County to potential traffic volume- related problems. Additional mitigation measures may be instituted as necessary. The eventual upgrading of the road to full County standards could be considered if justified by traffic volume and community consensus. o The traffic impact will be mitigated by State projects currently in planning or construction that will add full turning lanes on Highway 130 at Ainaloa and a left turn lane from Highway I 1 onto Kuauli Street, and also if and when some of the road projects described in Section 2.7.4 are completed. Impacts to Natural Resources: Because the proposed project would take mostly within an existing road corridor, the potential to destroy or disrupt native species and communities is minimal. The proposed project has been evaluated with respect to the characteristics and location of caves. No cutting will take place in any areas of known caves and the limited degree of road work necessary on the existing road above these caves should not cause any structural harm to the caves below, with the possible exception of Pirate's Cave and Lower U'ilani Cave. Pirates's Cave has been evaluated as minor, already disturbed, and of limited value. Mitigation: Lower U' ilani Cave will be monitored as part of the Hawaii County Bridge Maintenance program. Periodic evaluations of its stability, including debris measurements and cave roof inspections, will take place. Structural modifications will be designed and built as necessary, in consultation with the State Historic Preservation Division. For other areas, the USGS has offered to perform magnetic surveys to determine the precise location and approximate depth of lava tubes in the following sections: along the areas proposed for cutting, in the lot connecting Ainaloa Bivd. to 9 Road, and above Keala, Kazumura and the D Road complex. This location will help ensure that no lava tubes are inadvertently collapsed and that the geologic hazard potentially posed by as yet undetected lava tubes is identified and mitigated. If a section of a lava tube with potential biological value is required to be collapsed, a culvert allowing airflow passage will be emplaced and the entrance sealed to prevent alien species introduction. 33 Impacts to Archaeology and Historic Sites Impacts to historic sites are not likely to occur. No lava tubes that are expected to be impacted by the project are known to contain burials or other historic features, as discussed in Section 2.3.2 above. Examination of the road and its right-of--way revealed no historic sites. The State Historic Preservation Division (SHPD) determined that the road construction in the existing right of way would probably have no effect on historic sites in either lava tubes or surface areas.. The connector lot has not yet been surveyed because the County has not yet been able to obtain right of entry. Although the geologic and land use setting make it unlikely that historic sites would be present, the presence or absence of the historic sites on this parcel is yet to be determined. Mitigation Measures The County of Hawaii has coordinated with SHPD to determine the following mitigation measures: o The County of Hawaii will conduct an inventory survey of the connector lot in consultation with and with the assistance of SHPD after right of entry is obtained. The County will comply with SHPD's requirements, if any, for data recovery and mitigation. o In the event that the County one day undertakes structural modification of U' ilani Cave as a result of information obtained through its periodic bridge maintenance inspections, SHPD will be consulted immediately. It is understood by the County that a mitigation plan to deal with the reported burial will need to be developed. If the burial proves to be located very near or under Ainaloa Blvd, then the Hawaii Island Burial Council will be asked to determine if the burial should be preserved in place or relocated. If the burial will not be directly affected by any proposed stabilization work but is still in the general vicinity of these actions, then the Burial Council will be asked if they would recommend to protect the burial. o As discussed in Section 2.2.5, the U.S. Geological Survey (USGS) has offered to perform magnetic surveys to determine the precise location and approximate depth of lava tubes in the following sections: along the areas proposed for cutting, in the lot connecting Ainaloa Blvd. to 9 Road, and above Keala, Kazumura and the D Road complex. This location will help ensure that no lava tubes are inadvertently collapsed and that the geologic hazard potentially posed by as yet undetected lava tubes is identified and 34 mitigated. SHPD will be provided a copy of any report that results from this research. o If any lava tubes are opened or collapsed during road improvements, or if any artifacts, charcoal, human remains, or lava tubes are discovered during construction the County will contact SHPD so that they may inspect the tube, determine if any historic sites or burials are present, evaluate the significance of the site if possible and determine if any mitigation work is necessary. The County will comply with all requirements of Chapter 6E, HRS. Impacts to Public Services: The proposed project would greatly facilitate the provision of emergency services not only in Hawaiian Acres and Ainaloa but in Puna in general. It would also provide a bypass in case of accidents or Civil Defense emergencies that closed Highway 130 between Ainaloa and Keaau. The road is supported by the Fire and Police Departments and the Civil Defense Agency. Secondary Impacts The proposed project will not involve substantial secondary impacts, such as population changes or effects on public facilities. The level of impacts that would result would: a) not be substantial because of the relatively small degree of influence the road would exert; b) not involve a large area; and c) not be unintended, because the entire area is zoned for such use. Mitigation Any potential secondary impacts can be mitigated by continual attention to sensible development of Pupa's infrastructure in keeping with the rural atmosphere of the district. These efforts are underway on a number of fronts, including the Puna Community Development Plan. 3.3 Impacts of the No-Action Alternative The roads would remain in private hands under the No-Action Alternative. No connection between Hawaiian Acres and Ainaloa would be built. County emergency services would remain difficult to provide in the area, and traffic attempting to exit Hawaiian Acres during floods would, as now, be obliged to cross the most flood-prone roads. The No-Action Alternative would avoid impacts related to traffic volume, but at the cost 35 of continuing very substandard road conditions. Safety would continue to be a problem for roads burdened with blind hills and narrow lanes (particularly 8 Road). The No-Action Alternative would have substantially the same impacts as the proposed project in terms of drainage, flora and fauna, and historic sites, because it is believed that Hawaiian Acres would eventually pave most of the route and many additional roads by itself. County funds to ameliorate drainage problems near the road, however, would not be available. The protection to rare and endangered species and historic sites afforded by County involvement is considerably greater than if the subdivisions undertook improvements privately. PART 4: DETERMINATION The proposed project will not significantly alter the environment and impacts will be minimal. Therefore, the Hawaii County Mayor's Office has determined that the preparation of an Environmental Impact Statement is not warranted (see cover letter). PART 5: FINDINGS AND REASONS 1. The proposed project will not involve an ittevocable commitment or loss or destruction of any natural or cultural resources. Only a small section of an agriculturally-zoned lot will be committed to a use other than the current use, which is roadway. 2. The proposed project will not curtail the range of beneficial uses of the envirorunent. 3. The proposed project will not conflict with the State's long-term environmental policies. 4. The proposed project will not substantially affect the economic or social welfare of the community or State. It will help provide emergency services and allow better transportation for Hawaiian Acres and Ainaloa residents. 5. The proposed project does not substantially affect public health in any detrimental way. 6. The proposed project will not involve substantial secondary impacts, such as population changes or effects on public facilities. Some secondary impacts may occur as a result of the road's tendency (among many unrelated factors) to influence in filling of home construction in the agricultural lots. The level of impacts that would result would: a) not be substantial because of the relatively small degree of influence the road would exert; b) not involve a large area; and c) not be unintended, because the entire area is zoned for such use. 36 7. The proposed project will not involve a substantial degradation of environmental quality. 8. The proposed project will not substantially affect any rare, threatened or endangered species of flora or fauna or habitat. No endangered species of flora or fauna are known to exist on the project site, other than the possibility of use by the wide-ranging species Hawaiian hawk or'io (Buteo solitarius), and the'ope'ape'a or Hawaiian hoary bat. (Lasiurus cinereus semotus Mitigation measures have been developed in the unlikely event that such species are disturbed. 9. The proposed project is not one which is individually limited but cumulatively may have considerable effect upon the environment or involves a commitment for larger actions. 10. The proposed project will not detrimentally affect air or water quality or ambient noise levels. 11. Although the proposed project is located in an zone exposed to some earthquake and volcanic hazard, there are no reasonable alternatives. The proposed action is intended partly to mitigate hazard exposure for residents isolated by flooding by providing an alternate evacuation risk. The project would provide better County emergency services to a broad area. For the reasons above, the proposed project will not have any significant effect in the context of Chapter 343, Hawaii Revised Statues and section 11-200-12 of the State Administrative Rules. REFERENCES Community Management Associates, Inc. 1992. Puna Community Development Plan Technical Reference Report. Hilo: Hawaii County. 1995. Puna Community Development Plan (October 1995 DraB). Hilo: Hawaii County. Furumoto, A. S., N.N. Nielsen, and W.R. Phillips. 1973. A Study of Past Earthquakes, Isoseismic Zones of Intensity, and Recommended Zones for Structural Design for Hawaii. Honolulu: Hawaii Institute of Geophysics. Gagne, W., and L. Cuddihy. 1990. "Vegetation," pp. 45-114 in W.L. Wagner, D.R. Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants of Hawaii. 2 vols. Honolulu: University of Hawaii Press. Giambelucca, T.W., Nullet, M.A., and T.A. Schroeder. 1986. Rainfall Atlas of Hawaii. Honolulu: Hawaii Department of Land and Natural Resources. 37 Hawaii County Planning Department. 1989. General Plan, County of Hawaii. Hilo: Hawaii County. Hawaii State Department of Transportation (DOT). 1991. Island of Hawaii Long Range Highway Plan. Prep. for DOT and County of Hawaii by Parsons Brinckerhoff Quade and Douglas. Honolulu. 1992. Traffrc Summary, Island ofHawati. Honolulu:DOT. Hawaii Office of State Planning (OSP). 1991. Hawaii State Plan. Honolulu: OSP. Heliker, C. 1990. Polcanic and Seismic Hazards on the Island of Hawaii. Washington: U. S. GPO. Howarth, F.G. 1981. "Community structure and niche differentiation in Hawaiian lava tubes." pp. 337-366 in Dieter Mueller-Dombois, et al, eds., Island Ecosystems. Biological Organization in Selected Hawaiian Communities. Stroudsburg, PA: Hutchinson Ross. Moore, R.B., and F.A. Trusdell. 1991. Geologic Map of the Lower East Rift Zone of Kilauea volcano, Hawaii. U.S. Geological Survey Misc. Investigation Series Map I-2225. Washington. U. S. Bureau of the Census. 1991. 1990 Census of Population, General Population Characteristics. 1990 CP-1-13. Washington: GPO. U.S. States Soil Conservation Service. 1973. Soil Survey oflsland of Hawaii, State of Hawaii. Washington: U.S.D. A. University of Hawaii at Manoa, Dept. of Geography. 1983. Atlas of Hawaii. 2nd ed. Honolulu: University of Hawaii Press. 38 1999 EDI - Si?ECIAL PROJECT NO. I3C9-C-III-0083 GRF.NT AGREEMENT This Grant Agreement between the Department of Housing and Urban Development ("HUD") and The County of Hawaii ("the Grantee") is made pursuant to the authority of Title iI of Public Law 105-276. The Grantee's application package, as may be amended by the provisions of this Grant Agreement, is hereby incorporated into this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: Subject to the provisions of the Grant Agreement, HUD will make grant fiords in the amount of $250,000 available to the Grantee. The Grantee agrees to abide by the following: ARTICLE L HUD Requirements. '171e Grantee agrees to comply with the following requirements [or which HUD has enforcement responsibility. A. The grant funds will only be used for activities described in the application, which is incorporated by reference and made part of this agreement as may be modified by Article VII (A) of this Grant Agreement. B. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: L Por projects involving housing, the requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity iu Housing) and implementing regulations at 24 CPR Part 107. 2. The requirements of title VI oPthe Civil. Rights Act of 1964 (42 U.S.C. 20004) (Nondiscrimination hI Federally Assisted Programs) and implementing regulations issued at 24 C]FR I'nrt 1. E. For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requirements of OMB Circular A-87 regarding Cost Principles for State and Local Governments. For Non-Profits, the Administrative requirements of 24 CFR Part 84, including the procurement requirements of 2.4 CFR Part $4.40, and OMI3 Circular A-122 regarding Cost Principles for Non-Profit Institutions. Por Institutions of Ilighcr Education the applicable OMB Circular regarding Cost Principles is A-2I. P. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. G. Restrictions on participation by ineligible, debarred or suspended persons or entities as described in Executive Order 12549 and at CPR 24 Part 5.105(c). H. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24 I. The Grantee will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CPR Part 8, where applicable. ARTICLE [I. Conditions Precedent to Drawdown. The Grantee may not draw down grant funds until the following actions have taken place: A. The Grantee and the Subgrantee have executed a contract as required by Article II. B. The Grantee has received and approved any certiticalions and disclosures required by 24 CFR 87.100 concerning lobbying and by 24 CPR 24.510(b) regarding ineligibility, suspension and debaimeait. C. Any other preconditions listed in Article VII (C) of this Grant Agreement. 3 ARTICLE III. Drawdowns. A. A request by the Grantee to draw down grant funds under the Line of Credit Control System (LOCOS) or any other payment system constitutes a representatio? by the Grantee that it and all participating parties are complying with the terms of this Grant Agreement. B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the time elapsing between transfer of the grant funds and disbursement for project purposes and otherwise follows the requirements of 24 CFR Part 85. C. Before the Grant Agreement is signed, the ~-antee may incur cost for activities which are exempt from enviromxrental review under 2.4 CPR Part 58 and may charge the costs to the grant. D. Grantee, to help ensure construction completion, shall ensure that: (a) the party which hires the construction contractor obtains and retains a copy of plans and specifications, as appropriate; and (b) the drawdown of grant funds allocated for construction costs will be at a rate not to e~;ceed the percentage of project completion. ARTICLE IV. Progress Reports. The Grantee shall submit a progress report every six months after the effective date of the grant agreement Progress reports shall include reports on both performance and financial progress and shall conform with 24 CFR 85.40 and 85.41 or 24 CFR Sections 84.50 through 84.53, as applicable. Additional information required or increased frequency of reporting as may be described in Article VII (C). A. The performance. reports must contain the information required under 24 CFR Part 85.40(b) (2) or 24 CFR Part 84.SI(a), as applicable including a comparison of actual accomplishment to the objectives indicated in the approved application, the reasons for slippage if established objectives were not met, and additional pertinent information including explanation of significant cost overruns. B. Financial reports shall he submitted on Standard Form 269 and the following: for construction costs, form 271; for non-construction costs, a breakdown in costs similar to SF 424 A. 4 C. No grant payments will be approved for projects with overdue progress reports. ARTICLE V. Project Close-out. A. The Grantee shall initiate project close-out within 30 days of project completion. At HUD's option, the Grantee may delay initiation of project close-out until the resolution of any I-IUD monitoring findings. If HUD exercises this option the Grantee must promptly resolve the findings. B. The C"irantee recognizes that the Close-out process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any review in any way possible, including ntalcing available records requested by HUD and the project for on-site HUD inspection C. Within 90 clays of HUD approval to initiate close-out, the Grantee shall provide to HUD the following, in the format(s) approved by HUD: 1. A certification of project completion. 2. A certification of compliance with all requirements of the Grant Agreement. 3. A report giving. Use amount and tyl~~es of project costs charged to the grant (that meet the ailowability and allocability requirements of OM13 Circular A-122 or A-87 as applicable, including the "necessary and reasonable" standard); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a comparison of actual accomplishment with each of the project eommitme~nts and objectives indicated in the approved application, the reasons for slippage if established objectives were, not met and additional pertinent information including explanation of signifiraut cost overruns. s D. The Grantce agrees that the grant funds are allowable only to the c~tent that the project costs, rneeting the standard of OMB Circular A-122, A-87 or A-21 as applicable, equal the grant amount phis other sources of project funds provided. E. At close-out, the Grantee shall provide a performance report which includes a comparison of the actual accomplishment to the original scope of work. F. When HUD has determined that the grant funds are allowable, the activity was completed as described by the Grant Agreements, and all Federal requirements were satisfied, HUD and qie Grantee will sign the Close-out Agreement. G. The Close-out Agreement will include the Gi.antee's Agreement to abide by any continuing federal requirements. ARTICLE VI. Default. A default under this Grant Agreement shall consist of using grant funds for a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to the Agreement, any other material breach of this Agreement, or any material misrepresentation in the application submissions. ARTICLE VII. Additional Provisions. A. Project Description. The project is as described iu the application with the following changes: NONE B. Changes or Clarification to the Application Related to Participating Parties: NONE C. Special Conditions : Release of Funds Form 7015.15 must be approved prior to drawdown of any funds. NONE 6 U.S. Department of Housing and The Count}~ of I-lawaii Urban Development ~ _ Authorized Signatur . tborized Si ~ ture ~ ~ Mayor, Ccunty of Hawaii Title ~ Title ~ ~ Date Date s) RECOMMEND APPROVAL: APPROVED AS TO FORM AND LEGALITY: / . _ , i'~tousing Administ ator eputy Corporation Couns Office of Housing and Cowzty of Hawaii Community Development Date : MAY 1 3 199_ Date: D1--~/O~7 ~ 7 COUNTY OF HAWAI~;;r w;~„~~TATE OF HAWAII BILL NO. 3s ORDINANCE NO. 99 40 AN ORDINANCE AMENDING ORDINANCE NO. 98-50, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 1998, TO JUNE 30, 1999. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 98-50, as amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998, to June 30, 1999, is hereby amended by adding the following project: HIGHWAY AND ROADS: Puna Highway Infrastructure -Federal $250,000 (110-399-5390.10-115) SECTION 2. Funds for this project shall be provided from: Federal Grants Receivable $250,000 SECTION 3. This Ordinance shall take effect upon its approval. Introduced By: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Maxcn 1999 Date of 1st Reading: r9anch 1999 Date of 2nd Reading: March 17, 1999 Effective Date: April 2, 1999 REfERENC.Ee Canm. _ 157 _ 0835h rys OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii ROLL CALL VOTE AYES NOES ABS EX Introduced By:_ Nancy Pisicchio Arakaki _ X Date Introduced: March 4~ 1999 Chung X First Reading: March 4, 1999 Elarionoff X Published: March 10, 1999 Jacobson X Leithead-Todd X REAf.4RK.S: Pisicchio X Smith X Tyler X Yagong X 9 0 0 0 Second Reading: March 17, 1999 ROLL CALL VOTE To Mayor: Match 24, 1999 AYES NOES ABS EX Returned: April 5, 1999 Arakaki X Effective: April 2, 1999 Chung X Publisltcd: April 16, 1999 Elarionoff X Jacobson X REAf.4 RKS Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 9 0 0 0 / DC) HERL• B}' CERTIF}' Lhat the foregoing 6/LL was adopted by the County Council published as indicated rrhare. APP OVED AS TQ AND LE (CITY: , r 1.Ca DEPUTY CORPORATION COUNSEL COUNTY2OF HA/WpAI~I) C UN 'L CH.4lRA4AN Date J~~~(T Y COUNTY L'LERK uJ I9_~_. Bill No.: 38 1~1. "OR. ('OLD "l)FHALF:1/I Reference: C-157/HCH (02/16/99) Ord. No.: COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 255 98 N~A'f ~ 1 1998 RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR SPECIAL PURPOSE GRANT (SPG) FUNDS FOR INFRASTRUCTURE DEVELOPMENT IN PUNA, HAWAII. WHEREAS, Senator Daniel K. Inouye and HUD has advised the County of Hawaii that Congress has approved and President Clinton has signed the Department of Veteran Affairs and Independent Agencies Appropriation Act, 1998, P.L. 105-65; and WHEREAS, the Act provides for a Special Purpose Grant of $500,000 for infrastructure development in Puna, Hawaii; and WHEREAS, HUD has invited the County to submit an application for the $500,000 Special Purpose Grant; and WHEREAS, the County wishes to apply for the $500,000 Special Purpose Grant for infrastructure development in Puna, Hawaii; and WHEREAS, a timely submission of the application for Special Purpose Grant funds, in accordance with the appropriate federal requirements, is necessary. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAZ'I that the Mayor of the County of Hawaii or, in his absence, the Managing Director is hereby authorized to execute and submit the Special Purpose Grant application for infrastructure development in Puna, Hawaii, and all other related documents necessary to process and implement the Special Purpose Grant application to HUD in the amount of $500,000. 0]]9h. dkl P'a , BE IT FURTHER RESOLVED that the Mayor is authorized to a~egotiate and execute an agreement and other related documents with HUD for the $500,000 Special Purpose Grant. BE IT FURTHER RESOLVED that the Mayor or his authorized representative is designated to act as the representative of the County. BE IT FURTHER RESOLVED that the County of Hawaii will comply with the requirements and certification of the Special Purpose Grant program and application. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Office of Housing and Community Development. Dated at Hilo, Hawaii, this ~ day of Mav , 1998. INTRODUCED BY: u ~ U-C- ~~yinGuv ~ COUNCIL MEMBER, COUNTY OF HAWAII r_' Oi ~ ' J COUNTY COUNCII. ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAxAta X CAIJNC X I hereby certify that the foregoing RESOLUTION was by the LEITHEAD-TODD vote indicated to the right hereof adopted by the COUNCIL of the ppy X County of Hawaii on Mav 6, 1998 REYNOLDS X ATTEST: sANTwncELO X snore X TYLER X YAGONC X 8 0 1 0 Reference C-7 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 25 S ~ B O'/94h.dk1 ' ~~<v or N~~ I:~ i . y~~r y.. ~ 2 Mar r 6 200 rhen K. Yamashiro ~ ~ ~ Mayor ; •.•ii ~!•r~~ Of M~ C~ttuufg of ~ttfuttii OFFICE OF HOUSING AND CON 11vIUNITY DEVELOPMENT 50 Willuku Drive • Hilo, Hawaii %720-2484 Vf[T (808) 961-BJ79 • FAX (808) 961-8685 May 7, 1998 Certified Mail 2238 671 970 Processing and Control Branch, Room 7251 Attn: 1998 EDI-Special Projects, CPD U.S. Dept. Of Housing and Urban Development 451 Seventh Street, S.W. Washington, D.C. 20410 SUBJECT: 1998 EDI-Special Projects Application County of Hawaii Enclosed are the original and two copies of the 1998 EDI-Special Projects application for the County of Hawaii. The application due date, as discussed with Marcellini Yearwood, was extended for the County of Hawaii to May 12, 1998. County employees who are authorized to drawdown Special Purpose Grants funds are: Suzanna M. Watarida, SSN: 576-52-6058, and Glenn T. Yamane, SSN: 575-58-5633. Please call Leah Yanagi at 808/961-8379 if you have any questions or need additional information. Edwin S. airs , Assistant Housing Administrator Enclosures 6359c.1hy EQUAL HOU51 OPPORTUNITY -fW EOUPL OPPORTUNITY EMPLOYER' ATION FORMAT FOR u . n . uc„ni ~uic.:~ _..,~.,_..y ` EDI-SPECIAL F TECTS and ~~an Develo~t,d~ .~PPLiCANT 3NFt7RMAT10Pi `~'i r ~ f/ N i) i ~ Yr. i. r i "=il Namc and Addrear: ~ Or=aalfzatlooal UoN: ~Z l County of Hawaii County of Hawaii Tax ID # 99-6000567 / 50 Wailuku Drive HllOt HI 96720 Name and Tclephooe N®ber o(Goouct Pertaa {(i.r oraa vdr~: ~j~ Edwin S. Taira, (808) 961-8379 Type of Applicant (check fhe appropriate ba/r~: Congtt111o[ul Dlatrlct(I): ~S~ Prv}ect LacioJe Cooltrnctlon: ~6 ~ Unit ofGenml Govcnunrnl Applicant: _~nrl ~ Ya l3 Housing Authority O Collcge or Univmny - Projen: ?nd O No O Othc Nanpro~[ Partlclpatln~ ParUa (see czplanaaanr on bacJ ojjorm~; enter name, tvp< and fun~tlan o! any partlclpatNg partlea: ~ NA1.IE TYPE FUNCTIO,\ Not Applicable I RECOMMEND APPROVAL: APPROVED AS TO FORM AND LEGALITY: Z~~ A ' t}sing Administra off- DepS.ity Corporation Co sal Office of Housing and County of Hawaii Community Development ~ Date: 5 - C~ - / 5 Date: ~i~0/P~~ Grunt Amount (nut to aceed mwaunt g+prapruve~: S 500 ~ 000.00 1 1 1 1 l i 1 1 1 1' 11 1 1 1 1 1 ; 1 1 1 1 1 M 1 1 1 1 Type Name of Authorized Repreaentatlve: Type Title of Authorized R<prnentatlve: Type Phone Number of Autborlud Rrprvenutlve: Stephen K. Yamashiro Mayor, County of Hawaii (8081 apt-R~>> Erten+l°": Slcna[u o Au[ho razed Reprorn[arlvc r Date AuNariud Reprexntatlve SI(nrd: ~ 1998 SPECIAL PURPOSE GRANT APPLICATION INFRASTRUCTURE DEVELOPMENT IN PUNA, HAWAII PROJECT DESCRIPTION The County of Hawaii proposes to fund improvements for an emergency access road that would connect State Highway 11 to State Highway 130, passing through the Hawaiian Acres and Ainaloa Subdivisions in Puna, Hawaii. (See attached location map) 1. Economic, social, or physical need addressed by the project: The primary purpose of the project is to provide police, fire, and other emergency vehicles an alternative access to lower Puna. Currently lower Puna is served by only one access road. A major fire or volcanic eruption could cut off thousands of residents. 2. Key components or phases of the project, estimated cost and start/completion dates: Component Estimated Cost Start Date Completion Date Environmental Assessment $ 10,000 07/01/98 10/15/98 Bid/Award/Contract $ 5,000 11/01/98 01/01/99 Construction $2,480,000 01/01/99 06/01/99 Grant Closeout $ 5.000 06/01/99 07/01/99 TOTAL $2,500,000 The project will be completed in 2 phases. The first phase will utilize the $500,000 of SPG and $1,000,000 of County funds to complete 8 Road and F Road. The County is currently seeking funds of $1,000,000 to complete Phase 2, which involves Ainaloa Blvd. 3. Entity responsible for implementing the project: The County of Hawaii's Office of Housing & Community Development (OHCD) along with the County of Hawaii' Department of Public Works will be responsible for the implementation of the project and compliance with the Special Purpose Grant requirements. The OHCD is responsible for the Community Development Block Grant, HOME Investment Partnership, and Emergency Shelter Grant Programs and is familiar with the federal requirements. In addition, the OHCD is currently implementing HUD's Special Purpose Grant from fiscal year 1995. The County of Hawaii was awarded $I.6 million for the Hamakua Affordable Housing Project. The County has spent 98% of the funds and has complied with Part 85, OMB Circular A-87, the audit requirements of A-133, Part 58 Environmental Requirements, and other applicable federal regulations. The last payment request for $17,482 is expected in April, 1998 and the County will close the grant by May, 1998. The County of Hawaii has been working on the Infrastructure Development project and working with the Puna community since ]992. Norman Olesen, Executive Assistant from the Mayor's Office will be the project coordinator and implement and manage the construction activities. The County's Finance Department will be responsible for drawdowns from the LOCCS. 6265c.1hy (revised 04/13/98) FIGURE 1 LOCATION MAP - PUNA EMERGENCY ROAD ~ e ~ Ceaa _,._a, . ~ \ klevenmile H e9e i ~ ~ ° `3 \ i urtlaavn v9 1 ~sFxvn n _ M ~ OS \ Kukui ~ ? ~ 1 A<' ~ ~ m nh' - ~ WAI IAN S us i ~ ~P _ 1 `*Pc S ~ 3 E 1 ~ ~ti 'g~ ~Z ~ `r ~ AINALOA ~sa,~ c93 ~ ~ ~ ` • • 3 Source: USGS County Series. Scale: 1:100,000 Hawaii County, Sheet 2 of 3 North 1980 - 2 . OMB Approval tJO. OJaa-OOa2 ASS. .,NOES -CONSTRUCTION PRt DNS Pub«c reporting burden fur thu collection of information is estimated to average 15 minutes per response, including time for vr" rcvicwing instructions, searching existing dua sources, gathering and mamtatmng the data needed, and completing and ` rcvicwing the collection of mfortnauon. Send commenu regarding the burden utimatt or any oNer aspect of this collation of information, including suggcs«ons for reducing Nis burden, in die O(fice of Management and fjudgct, Paperwork Reduction Project (0348-00-t2), w;uhington, DC 20503 PLEASE DO NnT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND 6UDGET. SEND IT TO THE ADDRESS PROVIDED DY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. !f you have questions, please contact the Awarding Agency. Further, certain Fedual assistarce awarlding agencies may require applie~nts to certify to additonal assurances. If such is the eau, you will be nofitied. a As the duly authorized rcpresenta«ve of the applicant 1 certify that the applicant: I- Has the legal authority to apply for Federal assistance, 8. Will comply with the Intcrgovcmmental Personnel An and the ins«wtional, managerial and Onancial capability of 1970 (42 U.S.C. 47?8.4763) relating to prescribed (including funds sufficient to pay the non-Federal share standards for merit systems for programs funded under of pro)ect cost.) to ensure proper planning, management one of the nineteen statutes or regulations 5peei6ed in and completion of the projat descnbcd In this Appendix A of OPM's Sunldards for a Merit System of application. Personnel Administration (5 C.F.R. 900, Subpart F). Will give the awarding agency, the Compuoller General 9. Will comply with the Lead•Based Paint Poisonin¢ of the United Swtes, and if appropnate, the State. Prevention Act (4'_ U.S.C. x801 et seq.) which through any authorized represenuuve, access to and the prohibits the use of lead based paint in conswetion or nght to examine all records, books, papers. or rehablliution of residence svuctures. d«uments related to the assistance: and will esubluh a proper accounting system m accordance with generally 10. Will comply with all Federal sutues rcla« rag to non- accepted ac ounung standards or agency dvectiva. discrimination. These include but arc not limited to: (a) Title VI of the Crvil Rights Act of 196.1 (P.L. 88.35'_) 3. H111 not dispose of, modify the use of. or chance the which prohibits dlscnmmauon on the basis Of race, terms of the real property title. or other mierest m the color or nauunal ongin; (b) Tule IX of the Education sue and laelhucs without permusmn and Instruction, Amendmenu of 19'1, as amended (20 U.S.C. 1681 from the awarding agency. Will record the Federal 1683, and 1685-16861 whichprohibltsdiserimina«onon imerest m the tide of real property m accordance with the basis of sex; (cl Section 50» of the Rehabiliuuon awarding agency direr«ves and will include a covenant Act of 1973, as amended (29 U.S.C. § 794) which in the title of real propcrt~ acquired m whole or in part prohibits discrimination of the basin of handicaps: (dl with Federal assistance funds to assure non- the Age Dlscnminauon Act of ]975, as amended ducnmmauon during the useful Lfc of the pm)ect. (a2 U.S.C. 6101-6107) which prohibits dlscnminauon on the tvsis of age: (el the Drug Abuse WIII oomph with the rcyuircments ul the as,i,unc. Olfiec and Treatment Act of 197'_ (P.L. 93-255), as awarding agency wuh regard to the drulung, reslew and amended, relaune to non-ducnmmauon on the basis of approval of cansuucuon plan, and speulicauon, drug abuse; (f) the Comprchensne Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabiliuuon Will provide and maintain eumpctent and adtyuate Act of 1970 (P.L. 91-616). as amended, rclaung to englneenng supervlsron at the construction sue ui nonducnminauun on the basis of alcohol abuse or ensure that the complete work conlurms with the alcoholism; (g) 5'_3 and 5'_7 of the Public Health approved plan, and spcci(ICauons and will Iurnlsh 1 Scrnce Act of 1911 (41 U.S.C. 290 dd-3 and 290 u-: progress reports and such other information as may be as amended, rclaung to confldenuality of alcohol and rcgwrcd by the usslsuncc awarding agency or Sute. drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 ct soy.), as 6. Will Initiate and complete the work wuhln the amended, relating to non-discnmmation in the salt, appllcahlC time Irame alter receipt of approval of the ~ rental or (inancing of housing; (I) any other non- awarding agency. dacrimmauon provlvons m the specific suture(s) under 1. Wiil cstabiuh salcguarda to prohlbu empluyccs Inml Which application for Federal asvsunce is being made, using their poauluns for a purpose that rumulutcs nr and (j) the rcgwrcmcnLS on any other non-discrimination ,presents the uppcarancc of personal or organvauonal Statute(s) which may apply to the application. conflict of micrest, or personal gain. Ondou~ EAillen UueN 34nGrE Form ~2~D (Rw. U971 (?h M.'IItIN br ~Ya CIfCYl1r A.102 Atrthorizt+d for Local Raproductlon „r ,r O X11. Will comply, or has already complied, with the Nauonal Environmental Policy Act of 1969 (P.L. 91• rcywrcmcnu ul Tulcs II and III ul the Uniform 190) and Enccuuvc Urdcr (EO) 11514; (b) notification Relocation Assisuncc'Lnd Rcal Property Acyuaitiun of violating facilities pursuant to EO 11738; (c) Policies Act of 1970 (P.L. YI-646) which provides for protccuon of wctlanJs pursuant to EO 11990: (d) fair and cywwblc vcatmcnt of pcnons duplaccd ur evaluation of flood hazanls m floodplams m accordance whose property a acywrcd a a resuh of Fcdcral and with EO 11988; (c) assurance of pro)ect consistency with federally assured programs. Thcsc rcquucmcnu apply the approved Sutc managemcm program developed to all interesu in real property acquired for pro)ect under the Coasul Zone Management Act of 1972 (16 purposes regardless of Fcdcral participation in U.S.C. W31 ct sey.); (f) conformity of Federal actions purch:ucs. to State (Clean Air) Implementation Plans under Section ]76(c) of the Clean Air Act of 1933, as amended (42 - 12. Will comply with the provisions of the Hatch Act (3 U.S.C. § § 7401 et seq.): (g) protection of underground U.S.C. 1301.1508 and 7324-7328) which limit the sources of drinking water under the Safe Drinking Water political activities of employees whose principal Act of 197x, as amended, (P.L. 93.323); and (h) employment activities arc funded in whole or in part protection of endangcrcd species under the Endangered with Fcdcral funds. Species Act of 1973, as amended, (P.L. 93-203). 13. Will comply, ai applicable, with the provisions of the 16. Will comply with the Wild and Scenic Rivers Act of Davis-Bacon Act (40 U.S.C. §4 '_76a to 276a-7), the 1968 (16 U.S.C. 1271 cr seq.) related to protecune Copeland Act (40 U.S.C. § 276c and 18 U.S.C. ~ 874), componenus or potential components of the national wild the Contact Work Hours and Safety Standards Aa (40 and scenic riven system. U.S.C. 3'_7-333) regarding labor standards for iedcally assured ronstrucuon subagrccments. 17. Will assist the awarding agency m assuring compliance with Section 106 of the Nauonal Htstonc Preservation I1. Will comply with the flood insurance purchase Act of 1966, u amended (16 L'.S.C. § § 470), EO !1593 regwremcnts of Sccuon 102(x) of the Flood Duaster (identification and preservation of historic properties!. protccuon Act of 19T tP.L. 93-'_31) which rcyuires and the Archaeological and Htstonc Preservation Act of reapiena m~ special hood hazard area to parunpatr 1y74 (16 U. S.C.$ § 16~a-I cr sey ~ m the procrum and to purchase flood insuancc if the coral cost of mwraMe con~trucuon and acyw+mon is 18. Will cause rn be performed the required financial and 510.000 or more. compliance audios m accordance with the Single Audit Act of 1981. I3. Will comp!} with cmvonmcnul sundards which may be presuibcd pursuant to the following: (a) innituuon 19. Will comply with all applinble requirements of all ocher of envvonmenul qualny control mnsures under the Federal laws, Ezecuuve Orders, regulations and pohnes governing [hu program. r SIG ',rt~UHE )F AUT~RV.EU ERTIFYING OFFICIAL TITLE Stephen K.~Yamashiro Mayor, County of Hawaii APPLICANT UHGANI/ATIUN UATE SU9M1IRTCIIU County of Hawaii SI ~~gg SF QED IRa lNa B~ct Applicant Certifications The Applicant hereby assures and certifies that it will comply/ has complied with the following requirements, and will assure compliance with the following by any beneficiaries to whom grant funds are passed for purposes of carrying out the project, as applicable: 1) 24 CFR Part 85, OMB Circular A-87, and OMB Circular A-133 - for grant administration by unite of government. 2) 24 CFR Part 84, OMB Circular A-122 (or for Institutions of Higher Learning, OMB Circular A-21), and OMB Circular A-133, for grant administration by non-profit organizations. 3) The applicant has the capacity to administer the grant in accordance with applicable statutory and OMB requirements. 4) Zf the project involves construction, the applicant will: (1) obtain and maintain plans and specifications for the project, as appropriate; (2) ensure that the drawdown of grant funds allocated for construction costs will be at a rate not to exceed the percentage of project completion; (3) ensure that 10 percent of payments for project costs will be withheld from the construction contractor pending completion, (4) ensure that construction will not begin until all funds needed for construction completion have been com-nitted to the project, Executed this date of ~ 199$ ' ~6.~-~- By: r ( 'gnature) StPOhan K YamaGhiro (typed or printed name) Mayor County of Hawaii (title) warning: Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure, 72 Stat.- 967) applies to the above certification. 18 U.S.C.1001, among other things, provides that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, fraudulent statement or entry, in any matter within the jurisdiction of any deparmtner or agency of the United States, shall be fined no more than $10,000 or imprisoned for not more than five years, or both. w - A~ Certification Regarding Lobbying certification for Contracts. Grants, Loans, and Cooperative agreements The undersigned certifies, to the best of hie or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this date o ?9~. By p.G/,~ (Sign ure) S~,~hPn K_ Vama ahirn (Typed or printed name) ~]aV_~r C'niin r~ of H.ac~ai ~y (Title, if any) Covered action: Infrastructure Development in Puna, Hawaii (Project name or activity) ~ ~ COUNTY OF HAWAII;;, .,,...,::STATE OF HAWAII "s4~ ' BILL NO. 22 2 ORDINANCE NO. 98 43 AN ORDINANCE AMENDING ORDINANCE NO. 97-82, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 1997, TO JUNE 30, 1998. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 97-82, as amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1997, to June 30, 1998, is hereby amended by adding the following project: HIGHWAY AND ROADS: Puna Highway Infrastructure -Federal $500,000 (110-399-5390.07-115) SECTION 2. Funds for this project shall be provided from: Federal Grants Receivable $500,000 SECTION 3. This Ordinance shall take effect upon its approval. Introduced By: ~~E~~~~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii ~ ~ c- Date of Introduction: May 6, 1998 Date of 1st Reading: May 6, 1998 - r., Date of 2nd Reading: May la, 1998 Effective Date: May 26, 1998 - rte; _ ~ n REFERENCE: Comm. 80„7~~ 0'/'/6h. dkl OFFICE OF T'EIE COIJNT'Y CLERK County of Hawaii Hilo ,Hawaii (''3 I'ili i ~ 0 11:T~OLS.G'ALL VOTE Introduced By: ~ 9nith AYES NOES ABS EX Date Introduced: May 6, 1998 Ar , . _ - -,=,'X, .:I First Reading: Mav 6, 1998 Chun X Published: MaY 10, 1998 Leithead-Todd X Ray X REMARKS.' Reynolds X Santangelo X Smith X ler X Ya on X 9 0 0 0 Second Reading: May 14, 1998 ROLL CALL VOTE To Mayor: MaV 15, 1998 AYES NOES ABS EX Returned: MaV 26, 1998 Aralcaki Effective: May 26, 1998 Chung X Published: June 3, 1998 Letthead-Todd X RaY X REMARKS: Reynolds Santangelo X Smith X Tyler X Yagong X B 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. f~ • ~ . ~•,-r C.?;_':^! CCai_`,'-.~ ON COUN:EL ~ / C'cie ~`6 / Approved/Gieopprmd this day COUNCIL C A RMAN COUNTY CLERK R. OUNTY HAWAI! Bill No.: 222 Reference: C-807/GHA ~ 98 ~3 Ord. No.: - ~ ~L"' Chartered 1961 4 ~ y~ .+IYS. i'r,~ ~.pn T" ~°"W» ~ti ~ni.. 4 2" f`.~.:. I i 4 ~ r r. r;~r POST OFFICE BOX 368 KURTISTOWN, HAWAII 96760 PHONE: (808) 966-9892 To: The Honorable Mayor Kim July 26, 2001 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Kim, _ At a July 3, 2001 meeting with Andy Levin, Julie Jacobson, Gary Safarik, and representatives of the Hawaiian Acres Community Association (HACA) and the Ainaloa Community Association (ACA), HACA was asked by the group to draft a letter regarding our mutual desire for the County of Hawaii to exercise the County's rights and powers of ownership over the Puna Emergency Access Road (PEAR). Please support our community in our efforts to have the CounTy assume full and legal ownership over the road known as the Puna Emergency Access Road (PEAR). Our community appreciated your early support of this road, when you were Civil Defense Director. Those of us m Hawaiian Acres (HA) who use this road on a daily basis think that it is a major asset to our community. We recognize that [he process to assume full ownership for this road could be somewhat time consuming and complicated. We encourage your administration to work to finish this last aspect of creating this vital road. We suggest that the County take the sections of road as is possible (Ainaloa now and the connector lot and HACA portion as the process allows). We understand that the County must go through thejust and orderly exercise of its powers of eminent domain to acquire the section of road within Hawaiian Acres. The Hawaii Slate Constitution clearly grants these broad powers to our government. We are confident that the office of corporation counsel wil] be able to fmish this job in a timely fashion. We are grateful to the County for the recent extensive repairs made on the PEAR and look forwazd to working with the County. Community members have expressed these concerns regazding the road: o Support for the current 40-foot easement within Hawaiian Acres (HA) and opposition to widening the easement (Certainly the community might appreciate a bike path at some future date but many residents in Hawaiian Acres and Ainaloa have fears of the PEAR being converted into a highway.) o Opposition to the spraying of herbicide on the PEAR within HA. (This was a condition agreed to by Norman Oleson when HACA agreed to support the PEAR. We request that Public Works abide by this previous agreement.) o Support installation of additional signs to increase safety on the PEAR o Some residents think a 25 MPH limit is needed within the HA portion of PEAR Others suggest increased enforcement of the existing 35 MPH limit. All seek help to reduce speeding on the PEAR o Some fear the County will take over ownership of all roads within HA. (Given the current County fiscal situation and statements made by Andy Levin, residents can assume that at this time the County is looking at exercising ownership over just the PEAR and no more. We understand that this is a unique one-time solution to a past problem. We do not expect that the County will continue expanding their area of maintenance and ownership of HA roads. It is because of this unique situation that we are gateful for the support of your administration.) As mentioned before, we are confident that we can all work together to address the ownership concerns and to also work together to make this issue come to the best possible solution for all. Please contact HACA if you feel we can assist you in any way in accomplishing this important task. This letter was approved by our membership at our annual general membership meeting on July 22, 2001 Thanks for yonur consideration of this matter. SincerelY,~ ~r:~e ~~'I%/IGV~~~-~ Jack Russ II Brauher, President Members of the Hawaiian Acres Community Association Board Members of the Hawaiian Acres Community Association Cc Ainaloa Community Association Cc Councilmembers Gary Safarik and ]ulie Jacobson Cc Andy Levin Executive Assistant to Mayor Kim Letter of Support for The Proposed C/ounty of Hawaii Puna Emergency Access Road Date / - / / _ ~J~' Ron Terry, Ph.D. Geo Metrician HCR 9575 Keaat~ Hawaii 96749 Dear Mr. Terry, Please acknowledge my support for the proposed County of Hawaii Puna Emergency Access Road Project. The benefits this road will provide for the community and the government agencies, which service this community, are appropriate. Sincerely, //y~,~/ / ~C~" r I~Iame(print) ~,4 ~k ~ SSt LL ~(~~-i/1-} ~ .Address U 6C X 1 0 6 5 M T _ qV i ~-t.V ~--F ~l6 ~ 7 Paone Numb.:r ! ~ ~ - •~l ~ ~ f2esident S i.oc Owner Y~ S JUN-04-2002 06:13 AM JULIEJRCOBSON 982 6562 P.02 Hawaiian Rcres Road Cnrporatlon PO Box 1261 KustUtown, ffi %760 (808) 966-9592 Phone 8c Fax Hawaiian Acres Community Association PO Boz 368 KnrtSetown, Hl %960 May 25, 2002 Mayor Harry Kim County of Hawaii 25 Aupulti 5t., Rm 202 Hilo, HI 96720 Re: Upkeep of the Puna Emergency Access Road Dear Mayor Kim, We, the representatives of Hawaiian Acres, would like to take this opportunity to extend our sincere appreciation to your Administration and the County Council for the willingness to take responsibility for the Puna Emergency Access Road, as stated in the May 15`" article of the Hawaii Tribune-Herald. In order for us to move forward for the benefit of Iwth communises, we look forward to cotrunttnicating with your Public Works representasves regarding the upkeep on the Puna Emergency Access Road. Please inform us on whom we need to contact for repair of road decay and shoulder maintenance. We all applaud your step forward on taking control of this needed emergency ingress and egress for the lower Puna aroa. Sincerely and Mahalo, ~C~'VWV~~ 7 Edwin R. James, Pre nt Jack Russell Brauher, President Hawaiian Acres Roe rporation Hawaiian Acres Community Association Cc: Julie Jacobson, Hawaii County Council Gary Safarik, Hawaii Colutty Council Andy Levin, Executive Director to the Mayor Ainaloa Community Association Pem Acres Cottununity Association Hawaiian Rcres Road Corpora~.ion PO Box 1261 Kurtistown, HI 96760 (808) 966-9892 Phone & Fax December 3, 2001 Mayor Harry Kim 25 Aupuni St. Hilo, HI 96720 Aloha Mayor Kim, We strongly recommend that your Administration and the Co~.znty Administration obtain full legal ti'.le for the Puna Emergency Access Foad that the County has paved. This recommendation was made by motion at the Annual Membership Meeting of the Road Corporation on December 2, 2001. The motion passed by a 44 to 4 vote, with 1 abstention. Mahalo, Hawaiian Acres Road Corporation Members Gordon Jorgenson, President cc: Dennis Lee, Hawaii County Public Works ' Julie Jacobson, Hawaii County Council Ainaloa Community Association ` rr os `pOQ.~:.• New C` . ^ \~Wi6 KEIKO BONK-ABRAMSON ~ Phone: (808) 961-8262 ~~^or~,om^^ Fax: (808) 969-3291 1f~;~ • e~:'~~ 1l( U~'N~,H~ COCI1~`TY COLI1~jCIL County of Hawaii Hawaii County Building 2~ Aupuni Street Hilo, Hawaii 96720 February 15, 1995 The Honorable Andrew Levin Senator, Third District State Office Tower, Room 301 Honolulu, Hawaii 96813 Dear Andy: Mayor Yamashiro and members of the Hawaiian Acres Community Association have been meeting to address the need for an Emergency Access Route. The Mayor supports a route that would go from Highway 130 through Ainaloa subdivision, into Hawaiian Acres using 8th Road, and then connects with Highway 11. This emergency access route, if implemented, would provide a much needed remedy as an alternative route to Lower Puna, as well as a necessary access for emergency responders. I've enclosed letters from both Civi] Defense Admistrator Harry Kim and Police Chief Wayne Carvalho, supporting the proposed Emergency Access Route. Please join us by sending a letter of your support for this important project. If you have any questions or need more information, please call Val at 961-8564. Thank you very much. Aloha, Keiko Bonk-Abramson, Councilmember District 6 enclosure KBA/vlp i ' n- .l oJNtr or New c- Harry Kim Stephen K. Yamashiro Adminlsnatttt Maynr Bruce D. Butts . ~ Assistant Administrator r~rF Of,N',~,r ~LII1TIt~'~1 Q~ ~2I~1T2It1 CIVIL DEFENSE AGENCY • 920 Ululani Strxt Hilo, Hawcii 96720 ~ CJ~ (808) 935-0031 Fax (808) 935-6460 - - T _ - t-*~ - TO: Keiko Bonk-Abramson, Councilwoman, District 6 FROM: Harry Kim, Administrator, Civil Defense ~•~C- DATE: February 7, 1995 ~ v' SUBJECT: Hawaiian Acres Emergency Access Road The proposed emergency access road, connecting highway 130 and highway 11 through Ainaloa subdivision and Hawaiian Acres subdivision, is fully supported for two major reasons. 1. It provides the residents of upper and lower Puna an alternate route to and from their place of residence or work. 2. It provides an alternate route for emergency responders within the subdivisions of Ainaloa, Orchid Land, Fern Acres, and Hawaiian Acres, as well as upper and lower Puna. The problems of these roads are well known to residents and emergency responders. It was only the major problem of financing the solution that could not be resolved. This propoasl would undoubtedly help. Please call if additional information is needed. dy CD Nir er yew `~op. . .v.,..: Stephen K. Yamasttiro I•, Wayne G. Cacvalho WaNOr Chiefaf Police POLICE DEPARTMENT 349 Kapiolanl Slreet Hilo, Hawaii 96720.3998 (808)961-2244 Fu (808) %I-2389 February 8, 1995 Ms. Donna Fay K. Kiyosaki Chief Engineer Department of Public Works County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Kiyosaki: The Hawaii County Police Department supports the proposed Emergency Access Road that would pass through the Ainaloa and Hawaiian Acres subdivisions in Puna. Presently, Route 130 which connects -Keaau and Pahoa, is the only defined roadway linking lower Puna to the rest of the island. An emergency access road along the proposed route would not only provide emergency access for lower Puna in the event Route 130 became impassable, it would also provide an alternate conduit for police officers responding between the upper Puna communities located above Kurtistown and the lower Puna communities located around Pahoa. Sincerely, W~NE G. CARVALHO POLICE CHIEF DF:if cc: founcilwoman Keiko Bonk-Abramson