HomeMy WebLinkAboutCOM 0176.014 2006-2008 M[v os N4-
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Harry Kim Bruce C. McClure
Mayor Director
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Jiro A. Sumada
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DEPARTMENT OF PUBLIC WORKS _
Aupuni Center ) ~
101 Pauahi Street, Sui[e 7 ~ Hilo, Hawaii 96720-4224 ~ ~ ~ -
(808) 96L8321 ~ Fax (808) 961-8630 - Tv -
www.co.hawaii.hi.us r.,~
March 22, 2007
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Honorable Brenda Ford Chair
Committee on Public Works and Intergovernmental Relations
and Members of the Hawaii County Council
Hawaii County Council
Ben Franklin Building
333 Kilauea Avenue 2"d Floor
Hilo HI 96720
SUBJECT: Bill 51, Draft 2
Departmental Comments
Please find below our comments on draft 2 of Bill 51.
The purpose of Chapter 27 is to address flood hazard areas. These are comments to Bill 51, Draft 2.
1. Section 27-12. Page 5 the definition of "Flood Prone" is a FEMA definition...
a. The definition in Bill 51 for Floodplain or flood-prone is defined by FEMA. Their
definition of a "Floodplain or flood-prone area' means any land area susceptible to
being inundated by water from any source (see definition of "flooding). DLNR is
concerned about the definition's alteration.
2. Underscoring of "Within" is unnecessary because it exists in the current code. "Within"
appears on: Item (b) (4), page 16; Item (c) (1), page 16; and Item (c) (3), page 16;
3. Section 27-12. Page 7 (11) directly by the Secretary of the Interior in states with add out to
read without approved programs.
4. Item (6), page 17 we have the following comments:
a. What are "natural protective buffers?" A definition is needed so staff can apply this to
the plans they review.
Comm. No. ~ 7 f0 .
Ref. To:
Ref. Uate~ R Q 2 007
CounTy of Hawaii is an Equal Opportunity Provider and Employer.
Honorable Brenda Ford Chair
Committee on Public Works and Intergovernmental Relations
and Members of the Hawaii County Council
March 22, 2007
Page 2
b. Civil engineers may have difficulty certifying that a development, particularly farms and
residences, will not increase the likelihood of flooding or erosion in other areas.
"Likelihood" needs to be clarified and explained.
c. This section has no relationship to Chapter 27 or its purpose to regulate or restrict land
use and subdivisions based on topography. This conflicts with Chapter 4 of the County
Charter and Chapter 2, Article 7 of the Hawaii County Code that delegates this
authority to the Planning Director. These provisions should be addressed in Chapter
23 and/or Chapter 25.
5. The intent of Item (d), on page 20, is to address only Flood Zone A in this section, which has
no Base Flood Elevations (BFE) on the FIRMS (Flood Insurance Rate Maps). The first
sentence should probably read and other developments in any location or flood zone any
shall The requirement is necessary only for areas in Flood Zone A and has no applicability
or value in any other location.
6. Item (d) (1), page 20, the purpose of this section is strictly informational. Public Works does
not accept or process subdivision and development applications. This is done by our Planning
Department. Many Federal and State permits, including 404 permits are not obtained until a
developer is reasonably certain their construction plans meet County and State approval. For
example, because NPDES permits are based on construction plans, a developer cannot get
an NPDES permit at the time of application. They don't know the improvements the County
will require of them and as a result, they will not have usable construction plans to submit their
NPDES application.
7. Item (e) page 20, please justify with specific examples accompanied with an economic
analysis, to answer, why it is necessary to use a 100-year design storm standard? The 10-
yearstandard that we proposed meets EPA water quality requirements. Further, we have
been using a 10-year storm as the minimum design for almost 24 years with more than
reasonable results. It is also the minimum standard for the County of Maui, City & County of
Honolulu and the State DOT Highway Department.
Wehwill be present in Hilo for the April 3 meeting to answer any questions.
Bruce C. McClure, P. E.
Director
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County of Hawa~ i is an Equal Opportunity Provider and Employer.