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HomeMy WebLinkAboutCOM 0908.000 2004-2006 At~ BS?h1 ~ EALTH , M.D. LINDA LINGLE CHIYO DIRECTOR ECTOR OF F HEALTH DIRECTOR OF HEALTH , M.D. GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 3378 In reply, please refer to'. HONOLULU, HAWAII 98801-3378 - Fee: WW 217 CL.wpd C:\MyD -WB60457 May 1, 2006 Mr. Anson Maruyama, P.E. Community Planning & Engineering, Inc. 1100 Alakea Street 6t" Floor Honolulu, Hawaii 96813 Subject: Variance Application No. WW 217 Docket No. 06-VWW-06 To Install Cesspools on 459 Residential Lots Lalamilo Residential Subdivision, Phase 2 Waimea, South Kohala, Hawaii TMK: (3) 6-6-001: 077 The Department has reviewed your application for a variance from Chapter 11-62, Hawaii Administrative Rules for the subject property. In accordance with Chapter 342D-7, HRS and Chapter 11-62, Section 11-62-41, a public notice of this proposed activity is required. Enclosed is a copy of the required public notice. Please read the public notice and contact the Department of Health Wastewater Branch if any discrepancies or corrections are required. If the public notice is satisfactory, the public notice is required to be published in the Honolulu Star-Bulletin and West Hawaii Today one (1) time only. Please contact the follow agencies for assistance in the publishing of the public notice (names and emails may have been changed - this is the basic information on file): Honolulu Star Bulletin, 500 Ala Moana Blvd., Seven Waterfront Plaza Ste 500, Honolulu, Hawaii 96813 contact Elizabeth at telephone (808)529-4827, fax (808)529-4829, email eizabeth@starbulletin.com West Hawaii Today, P.O. Box 789, Kailua-Kona, HI 96745, ph (808)329-9311, fax (808)329-3659 email llogan@westhawaiitoday.com Failure to have this notice published within three (3) weeks of receipt of this letter, may result in a greater delay of the final decision of this application for variance. All publication costs are the responsibility of the applicant. Once published, you must submit the original certified affidavit of the publication from both newspaper agencies to the Wastewater Branch within fifteen (15) days after the publication o date. You may make a copy for your records. Please be advised that, pursu nt Comm. No. Ref. To: Ref. Date Mr. Maruyama May 1, 2006 Page 2 Chapter 342D-7, HRS, a public hearing may be required as a result of this public notice. If so, you will be required to publish a notice of public hearing. Please find enclosed a receipt for your variance application for the amount of $300.00. If you have any questions regarding the public notification procedure or the processing of your variance application, please call the Planning & Design Section of the Wastewater Branch at our direct toll free telephone number 974-4000 ext. 64294, fax (808)586-4300. Sincerely, fw THOMAS E. ARIZUMI, P.E. Chief, Environmental Management Division Enclosures: Receipt No. 13838 Public Notice c: Clean Water Branch Environmental Planning Office Safe Drinking Water Branch Wastewater Branch - Kona Staff Engineer Department of Water Supply - County of Hawaii ~Dristrict Health Office - Hilo ?"awaii County Council WASTEWATER SYSTEMS NOTICE OF VARIANCE APPLICATION NO. W W 217 DOCKET NO. 06 - V W W - 06 Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. The Department of Hawaiian Home Lands, State of Hawaii, has applied for a variance, for a five (5) year variance from Hawaii Administrative Rules (HAR), Subchapter 1, Section 11-62-05 Critical Wastewater Disposal Areas, Section 11-62-06 General Requirements, Subchapter 2, Wastewater Treatment Works, and Subchapter 3, Individual Wastewater Systems, Section 11-62-31.1(a)(2)(B) which states total development of an area shall not exceed 50 single-family residential lots or exceed fifty dwelling units. Mr. Anson Maruyama, P.E., Chief Executive Officer, Community Planning & Engineering, Inc. 1100 Alakea Street 6`h Floor, Honolulu, Hawaii is the individual authorized to act for the applicant. The applicant is requesting to install cesspools on 459 residential lots with minimum area of 10,000 square feet at the Lalamilo Residential Subdivision Phase 2 at Waimea, South Kohala, Hawaii TMK: (3) 6-6-001: 077. The applicant has made the following comments. 1. The State of Hawaii, Department of Hawaiian Home Lands (DHHL), proposes to develop a subdivision of Hawaiian homestead lands in Lalamilo, Waimea, South Kohala, Island of Hawaii. 2. The project, Lalamilo Housing Subdivision, Phase 2, is located on the south side of the Kawaihae Road approximately 8 miles east of the town of Kawaihae. The Lalamilo Housing Subdivision, Phase 1 (Tax Map Keys: 6-6- 001: 054 and 6-6-004: 012 - 017) consisting of 37 house lots are located in contiguous properties but are separated by approximately 100 feet by Keanuiomano Stream which runs between the properties. The Phase 1 subdivision is currently under construction. The east property line borders the South Kohala Distribution Road. The development is situated just outside of Waimea Town and approximately 56 miles from Hilo. 3. Approximately 232 acres of DHHL lands will be subdivided for 459 residential lots with minimum of 10,000 square feet lots, a park site and roadways. 4. Waimea Town has no municipal wastewater collection and treatment systems. All of Waimea, including the project vicinity is on individual wastewater systems (IWS) consisting of cesspools or septic tank leachfield systems with the exception of the Parker Ranch 2020 expansion area. Parker Ranch owns and operates the only wastewater treatment plant located several miles south of Waimea Town and makai of Mamalahoa Highway. 5. The project is located in Critical Wastewater Disposal Area (CWDA), Unit 3, with 5-acre exception as shown in Appendix E of HAR, Chapter 11-62. 6. The variance is being requested to allow the use of cesspools for the lots in a development of greater than 50 lots and less than 5 acres in size. The subdivided lots will be conveyed as residential lots to eligible native Hawaiians for one dollar ($1.00) per year. Other improvements include paved roadways, drainage, potable water, underground communications systems, above ground electric and lighting systems, park and road connections to South Kohala Distribution Road and Alaneo Place. The homesteader will be responsible for developing their individual lot dwellings and individual waste disposal systems. 7. The surrounding area is surrounded by low-density rural residential properties on the north and ranch land on the south. 8. According to the U.S. Department of Agriculture, Soil Conservation Service Survey, the ground underlying the site is classified as "Waimea very fine sandy loam, 6 to 12 percent slopes (WMC)." The soil is characterized as "..dark-brown and very dark-brown very fine sandy loam and loam. The subsoil is dark-brown silt loam about 25 inches thick. It is underlain by weathering, hard basalt bedrock at a depth of about 42 inches." 9. The depth of underlying groundwater, based on the results of the USGS test Well (No. 6141-01) would be 900 to 1,200 feet. Consequently, the impact on ground water would not be significant as further nutrient removal in the several years of downward travel through the unsaturated zone would occur. 10. The variance has been requested for the maximum of five (5) years. Several other detailed attachments and plot maps (which can not be shown here) were included in this application but could not be included in this public notice. If you would like to review the full application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808)586- 4294 or fax (808)586-4300 to obtain a copy or facsimile. DOH will consider all written comments received within thirty days of this notice. If warranted, DOH may hold a public hearing on the variance application, after a separate thirty-day public notice. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any. CHIYOME L. FUKINO, M.D. Director of Health State of Hawaii Wastewater B anch Department of Health Application No. WW U. 17 Environmental Management Division Docket No. -O(a_ - VWW - Q(y APPLICATION FOR VARIANCE - effective December 9. 2004 Wastewater Systems (In accordance with Chapter 342 D Hawaii Revised Statutes) Submit two (2) (one original & one copy) and filing fee of $300.00 payable to State of Hawaii to: Hawaii State Department of Health Wastewater Branch 919 Ala Moana Blvd. Room 309 Honolulu, Hawaii 96814-4920 Ph (808)586-4294 Fax (808) 586-4300 Attachments are allowed, but preferred in 8 1/2" x 11" format (for copying purposes). 1. GENERAL INFORMATION (please print or type): A. Name: Department of Hawaiian Home Lands, State of Hawaii (Corporation, company, agency, firm, etc. seeking variance) Mailing address: P. O. Box 1879 Honolulu Hawaii 96805 (City) (Island) (Zip code) Brief Description of Variance: Variance from HAR Chapter 11-62 to install cesspools on 459 residential lots with minimum area of 10,000 square feet. Plant or Equipment Location: Tax Map Key ( 3 6 - 6 - 01 77 Divisions: 1=Oahu 2=Maui 3=13ig Island 4=Kauai (Division) Zone - Sec -Plat Parcel (Number) (Street) (City) (Island) (Zip code) B. Individual authorized to act for applicant: Name: Anson M. Murayama, P. E. Title: Chief Executive Officer Address: Community Planning & Engineering, Inc.: 1100 Alakea Street. Sixth Floor Honolulu Hawaii 96813 (City) (Island) (Zip code) Phone No.: (808) 521-7491 Fax No.: (808) 526-2476 Email Address: amurayama(cDcpe-hawaii.com C. Identify the specific section of Chapter 11-62 which the variance is requested. If additional space is required, please include information on a separate attachment and label "Attachment I". (Chapter 11-62 may be viewed at www.hawaii.-Qov/doh/ select Rules & Regulations, DOH Administrative Rules Title 11, HAR, Wastewater Branch, 62) Subchapter 1 - Section 11-62-05, Critical Wastewater Disposal Areas Section 11-62-06, General Requirements Subchapter 2 - Wastewater Treatment Works Subchapter 3 - Individual Wastewater Systems Section 11-62-31.1(a)(2)(B) - Total development of an area shall not exceed 50 single-family residential lots or exceed fifty dwelling units. II. SPECIFIC INFORMATION: A. Describe in detail the present and/or proposed equipment and/or discharge and the present and/or proposed operating conditions of the facility in relation to the requested variance (if additional space is required, include the information on a separate attachment and label "Attachment A-1"). See Attachment A-1. B. Describe how these present or proposed conditions fail to conform with the environmental rules of the State (if additional space is required, include the information on a separate attachment and label "Attachment B-1 N/A C. Describe in detail why the present or proposed equipment and/or operating conditions cannot be altered to bring such facility into compliance with the environmental rules of the State within a reasonable amount of time (if additional space is required, please include the information on a separate attachment and label "Attachment C-1"). See Attachment C-1. D. As a separate attachment ("Attachment D-1, D-2 and D-3"), supply supporting information to clearly show that: (1) The granting of the variance is in the public interest as defined in the Hawaii Revised Statutes, Section 342.D-6(c). (2) The granting of the variance will not substantially endanger human health or safety. (3) Compliance with the rules or standards from which the variance is sought would produce serious hardship without equal or greater benefits to the public. Application for Variance.doc vww February 2005 Page 2 of 3 (CPE. forms/gov/state/dohvariance.wws) E. Specify the amount of time requested for the variance and the reasons for such a time period. Note that the Director cannot issue a variance for a period exceeding five years (if additional space is required, please include the information on a separate attachment and label "Attachment E-1"). 5 years F. Submit any additional information which will support this application for a variance (i.e., statements, plans, area maps, histories, etc., and label "Attachment F-1"). See Attachment F-1 III. CERTIFICATION: I, Anson M. Murayama P.E., CEO (print name) (print title) certify that I have knowledge of the facts herein set forth and that the same are true and correct to the best of my owle ge a d belief. Signature: Date: aZI-L ©6 DO NOT WRITE BELOW - FOR AGENCY USE ONLY IV. Date Application received: vv" A I L 1 20 G G V. Application No.: --2 ~~nv 1~ VI. Docket No.: © rrV - VA W VV - Q( VII. Received by: V ) KM 3 VIII. Filing Fee ($300.00) check date: o4 - 1 0 Check #_2_q IX. Department of Health Receipt # y X. Decision on Application (including date): XI. Date of Public Hearing: Application for Variance.doc vww February 2005 Page 3 of 3 (CPE forms/govlstate/dohvariance.w s) ATTACHMENT A-1 The applicant, the State of Hawaii, Department of Hawaiian Home Lands (DHHL), proposes to develop a subdivision of Hawaiian homestead lands in Lalamilo, Waimea, South Kohala, Island of Hawaii. The project, Lalamilo Housing Subdivision, Phase 2, is located on the south side of the Kawaihae Road approximately 8 miles east of the town of Kawaihae. The Lalamilo Housing Subdivision, Phase 1 (Tax Map Keys: 6-6-01: 54 and 6-6-04: 12-17) consisting of 37 house lots are located in contiguous properties but are separated by approximately 100 feet by Keanuiomano Stream which runs between the properties. The Phase 1 subdivision is currently under construction. The east property line borders the South Kohala Distribution Road. The development is situated just outside of Waimea Town and approximately 56 miles from Hilo. Approximately 232 acres of DHHL lands will be subdivided for 459 residential lots with minimum 10,000 square feet lots, a park site and roadways. Waimea Town has no municipal wastewater collection and treatment systems. All of Waimea, including the project vicinity is on individual wastewater systems (IWS) consisting of cesspools or septic tank leachfield systems with the exception of the Parker Ranch 2020 expansion area. Parker Ranch owns and operates the only wastewater treatment plant located several miles south of Waimea Town and makai of Mamalahoa Highway. The project is located in Critical Wastewater Disposal Area (CWDA), Unit 3, with 5-acre exception as shown in Appendix E of HAR, Chapter 11-62. The variance is being requested to allow the use of cesspools for the lots in a development of greater than 50 lots and less than 5 acres in size. The subdivided lots will be conveyed as residential lots to eligible native Hawaiians for one dollar ($1.00) per year. Other improvements include paved roadways, drainage, potable water, underground communications systems, above ground electric and lighting systems, park and road connections to South Kohala Distribution Road and Alaneo Place. The homesteader will be responsible for developing their individual lot including dwellings and individual waste disposal systems. The surrounding area is surrounded by low-density rural residential properties on the north and ranch land on the south. According to the U. S. Department of Agriculture, Soil Conservation Service Soil Survey, the ground underlying the site is classified as "Waimea very fine sandy loam, 6 to 12 percent slopes (WMC)." The soil is characterized as "--dark-brown and very dark-brown very fine sandy loam and loam. The subsoil is dark-brown silt loam about 25 inches thick. It is underlain by weathering, hard basalt bedrock at a depth of about 42 inches." The depth of underlying groundwater, based on the results of the USGS test well (No. 6141-01) would be 900 to 1,200 feet. Consequently, the impact on ground water would not be significant as further nutrient removal in the several years of downward travel through the unsaturated zone would occur. ATTACHMENT C-1 Compliance with Chapter 11-62 would require the construction of a collection and transmission sewer pipeline system and wastewater treatment plant to process the subdivision's sewage. Although considered in the Department of Hawaiian Home Lands Lalamilo Project Environmental Impact Statement (EIS), building an on-site collection system and a wastewater treatment plant to process the subdivision's sewage would be cost prohibitive and would result in economic hardship to DHHL, as well as the homesteaders. The estimated total construction cost for the secondary wastewater treatment facility and effluent disposal system, including sewer collection and transmission mains, for 459 residential lots and a park lot is approximately $9,200,000. In comparison, the estimated total construction cast for Individual Wastewater Systems (IWS), consisting of 459 cesspools is approximately $3,600,000. The nearest connection to a public sewer or an ocean ouffall is at least 8 miles away. DHHL, as part of their responsibility to the Hawaiian people, must also allocate large sums of monies to develop many other Hawaiian homestead lands throughout the State. An alternate solution to provide wastewater services that was discussed in the Final EIS dated November 2002, was to connect to the privately owned and operated Parker Ranch wastewater treatment facility located approximately 3.5 miles south of the project site. The elevation difference between the project site and the wastewater treatment facility is about 370 feet. Connection to the privately owned treatment plant would involve obtaining Parker Ranch's permission to connect, seeking agreement b the Public Utilities Commission (PUC) to expand the treatment plant's service area to include this project, expand the treatment plant's capacity to treat the additional sewage and constructing a collection and a transporting system (sewer pump stations). Consequently, the construction cost will be prohibitive and will take time to obtain approvals from Parker Ranch and the PUC. Requiring a sewage treatment facility to service the project will not only result in much greater cost to the project, but design, plan approvals and construction will also set the development process back several years without having any resulting benefits. The County would also have to operate and maintain the treatment plant. The County has historically chosen not to operate sewage treatment plants in the area. Neither DHHL nor the subdivision homesteaders can operate such a plant effectively and forcing them to do so would cause extreme hardship. ATTACHMENT D-1 Allowing the use of cesspools will enable further development in the area and provide much-needed homestead sites for residents of Hawaiian descent. It will allow DHHL to accelerate the process to facilitate the delivery of these lots to the beneficiaries of the Hawaiian Home Lands trust. The project specifically addresses the demand for developed lots to provide native Hawaiians with homesteading opportunities on the Island of Hawaii. Of the qualified native Hawaiian beneficiaries, 1,500 have identified North Hawaii as their preferred location for a homestead award. ATTACHMENT D-2 The residential homestead lots have a minimum size of 10,000 square feet. These lots have a substantial area to safely and naturally dispose of domestic sewage. The parcel is located between elevation 2160 at the makai end and 2420 in the mauka end above sea level and at least 8 miles from the coastline. The domestic water source for the area is the Department of Water Supply's Waimea system which is supplied entirely by surface water diverted from Waikoloa and Kohakohau Streams and stored in three 50-million gallon (MG) open raw water reservoirs. After treatment, water is stored in a 4 MG Clear Water Reservoir at elevation 3050 feet above Waimea Town. Distribution from the Clear Water Reservoir to customers in the Waimea service area occurs through a network of 12-, 8-, 6-, and 4-inch water lines. ATTACHMENT D-3 The DHHL development plans for the Lalamilo lands started in 2001. Phase 1 of the DHHL Lalamilo Project is under construction on the contiguous lots (TMK 6-6-01: 54 and 6-6-04: 12-17) consisting of 37 10,000 square foot lots. Phase 2 is scheduled to be in construction at the end Requiring a sewage treatment facility to service the project will not only result in much greater cost to the project but design, plan approvals and construction will also set the development process back several years without having any resulting benefits. The County would also have to operate and maintain the treatment plant. The County has historically chosen not to operate sewerage treatment plants. Neither DHHL nor the subdivision homesteaders can operate such a plant effectively and forcing them to do so would cause extreme hardship. Further, request is also made for construction of cesspools rather than a septic tank and soil absorption trenches or bed. It will be difficult and costly to design a soil absorption bed because of the steep 6 to 12 percent slopes and underlying hard rock formations on the project site. The rock excavation and removal and placement of suitable import materials will sharply increase the construction cost. It is estimated that a 20-foot deep cesspool will cost about $8,000; whereas, a septic tank with absorption bed will cost between $15,000 to $20,000. In addition, there will be an additional cost ($5,000) to have a registered engineer custom design and inspect the septic tank system. The additional cost to install a septic tank system in lieu of a cesspool will produce serious financial hardship and delays to the lessees. ATTACHMENT F-1 1. Location Map (Island of Hawaii) 2. Project Vicinity Map (Waimea Town) 3. Preliminary Development Plan 4. Critical Wastewater Disposal Area (Island of Hawaii) KOHTM Ro1aaA 25 19 1uwa[ SOUTH KOHALA PROJECT NORTH HILO SITE RAMAKUA. 19 NORTH KONA SOUTH HILO xtn 20 KAEW 13 PAHQ SOUTH - PUNA KONA 11 KAU 11 xAaeu - 7DHHL Community Planning and Engineering, Inc. LALAMILO RESIDENTIAL SUBD. PHASE 2 WAIMEA, SOUTH KOHALA, HAWAII NER & DEVELOPER: DEPARTMENT OF HAWAIIAN HOME LANDS TAX MAP KEY : (3) 6-6-01 : 77 LOCATION MAP NOT TO SCALE EXHIBIT 1 a U 5 c IIP P ~Ja~~~e W- r S v L Z = d ~mm ~~,'d g w q a ¢ N ly °°a > ml y1x~ 4 Q N W- r xF~` wa Wyx > m 9 e`e i oJ~xl. x Q S$$ d n U W PK m,,.-' IvyJw ba n ,~J• ~J o C1 \''emuy St Jomes Gt r 1 0 $Y4~A. ~>IGJ ~Q .Q~ • • SQeF~q d'\ U . ~ q4N 2 a p Juµa /~~w 0 O ~ T ~P o.fo~. tG~. /`i~~rr / 15 i 1 to a Pd °laa' m' }\ooktP / o, w ~ ~ ~ o? ~ FftSuye~ewl:aN / y. :ond ~b w e o= n~,3 / y 40 ~os~, c ar ~s-/a4 < / P ~ uu/vaue~eav, yy oi_ ~Ke M. 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IK 6-x-01' t East 6 west of Kaumans Drive S and north 6 south of Chong at. S ' HILO DAY \ l / REAUHOU . RAPOHO . . T HAWAII WASTEWATLR ADVISORY COMMTTLL CWDA RECOMMENDAT20NS CWDA ' 1-~ Cesspool are not allowed for Iota less than five (6) acres. s Cesspools are not allowed for lots less than one (1) sere. SOUTH POINT NON CWDA UIC LINE The 1,000 feat from shoreline or 100 foot elevation, whichever is - = GEOHYDROLOGIC UNIT greater from shoreline. DRINYJM WATER PROTECTION LINE DH"HL LALAMjl 0 RLiIDP j;?), SUb' -H Q _ As r Tructoa Ems: suspaw Date; r , N , y PAVAO IOWA F. .ti AC" t 1 s:. ' pox w Reediw3'kgM~..t__:__?---.a,x, M~M~'^~ef~roa~rsribt~~4@Bv~xiv