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HomeMy WebLinkAboutCOM 0176.103 2006-2008 05/31/2007 15:27 fAX 8083233309 KONA NOME and LAND LLC f~~OJ1~uY L!,'i!t ~lil~t ~J~ r? !7 Aloha, I am one of Sve directors on Kona Soil and Water Conservation Diatrict Basi.:I at~i n Id like to testify on behalf of the boazd to the Hawaii County Couneil on June I , .7.0.~'I regarding Bi1151 and its amendments. Below is the statement approved at ow May 31, 2007 Kona Soil and Water [;cnn rrv a io:n District Special Meeting. Justin case, I've attached a copy of the National P:~a~~~ i i ~;;t: Conservation Service (MRCS) position paper on this matter. I would like to ec rd~ aftor NRCS if possible. "We, as a Boazd, support the NRCS position regazdin~ Bill 51 revising Cl•_apFr. r i a concept. Our next scheduled Boazd meeting is June 5 We would like to 8;a L~s~ :4; ~ r. c! discuss fiuther & strengthen the Kona Soil and Water Conservation District pr.~si s'ar ~n:, behalf of the district represented by the Boazd. The Kona Soil and Water Conservation District would like to bring the resuli~ a tl'If . mye: Sa' meeting to the council at a later date for consideration." Thank you, ~yic~ Fred Cowell, Treasurer, ona Soil and Water Conservation District (808) 936-3032, Diroct Cellulaz gr8coffeeQeaztlilink.net lam. l1~ . io3 Ref. To:'!~dq Ref, pcte Page 1 of 1 Murashige, Laura From: Fred Cowell, R(S) [gr8coffee@earthlink.net] Sent: Thursday, May 31, 2007 3:03 PM To: counciltestimony@co.hawaii.hi.us Subject: Kona Soil and Water Conservation District: Testimony on Bill 51, Attachments: Hawaii Flood Plain Ordinance Paper052807.doc Aloha, I am one of five directors on Kona Soil and Water Conservation District Board. I would like to testify on behalf of the board to the Hawaii County Council on June 1, 2007 regarding Bi1151 and its amendments. Below is the statement approved at our May 31, 2007 Kona Soil and Water Conservation District Special Meeting. Just in case, I've attached a copy of the National Resource Conservation Service (MRCS) position paper on this matter. I would like to testify after NRCS if possible. "We, as a Board, support the NRCS position regarding Bill 51 revising Chapter 27 in concept. Our next scheduled Board meeting is June 50i. We would like to go back and discuss further & strengthen the Kona Soil and Water Conservation District position on behalf of the district represented by the Board. The Kona Soil and Water Conservation District would like to bring the results of the June 5~' meeting to the council at a later date for consideration." nk you, Fred Cowell, Treasurer, Kona Soil and Water Conservation District (808) 936-3032, Direct Cellular gr8coffee@earthlink.net ^ - - r-s x 6/1 /2007 sue Paper on Proposed changes to Hawaii County Flood Plain Ordinance - o_eiesea: i - Ver. May 28, 2007 The Hawaii County Council is currently discussing Bill No. 51 which amends Chapter 27, Flood Control, Hawaii County Code, relating to stormwater management. The full County Council will hear the bill on June 1, 2007. The initial objective of Bill 51 is to amend the floodplain management ordinance in order to comply with current National Flood Insurance Program (NFIP) regulations. Through the passage of this bill, it appears the County Council intends to control development and growth along the floodways and flood hazard zones in West Hawaii. Although the intentions of this Bill are commendable, it also adds elements that exceed the requirements of the National Flood Insurance Program and may create undue burdens for farmers and ranchers on the Big Island. Specific Comments on Ordinance Changes The County ordinances generally apply to those areas identified as flood-prone on the latest Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM). Many agricultural areas are outside of the FIRM "limit of mapping." However, the County Public Works Director reserves the right to determine other areas outside of the mapped areas that are subject to flood hazards and to impose the requirements of the ordinance as if the areas were in a zone subject to flood hazards. (Sec. 27-5(a)) If a watercourse is relocated or altered (within the special flood hazard area) it must have a "one-hundred year flood" capacity. This requirement may conflict with the USDA Natural Resources Conservation Service (NRCS) conservation practice standard for waterways and diversions. The term "watercourse" is broadly defined in the ordinance and may lead to regulation of even the smallest drainageways. Furthermore, downstream notifications will need to be made if watercourse alteration is conducted. (Sec 27-16(f)(1) and (2)), (Sec. 27-24(h)), (Sec. 27-25(d)) While not new, structures built in aflood-hazard area will need additional certification for elevation and flood resistance to comply with new FEMA regulations. (Sec. 27-17) Grading and filling of lands exceeding 10 percent slope is restricted to 20 percent of the lot area to reduce concentration of runoff and increased flooding and erosion. No mention of the grading exemption for farmers with a conservation plan is included. (Sec. 27-18 (c)(6)) Nearly all subdivisions and developments anywhere on the Big Island will require the establishment of the depth of the "100-year flood" An agricultural subdivision or erection of agricultural structures may require preparation of a flood study. (Sec. 27-20(b), (d), and (e)) Developments and farms will need to retain and handle the runoff from the "one-hundred year" storm. I think this part of the proposal is generally unattainable. (Sec. 27-20(g)) Discussion of Effects to Farmers. Ranchers and other Acricultural Producers The immediate impact of the proposed ordinances to farmers and ranchers is unclear. Certainly, new farms and developments in West Hawaii would be put under the requirements of the new ordinances if passed. The requirement for existing operations to comply with the water retention requirement or mapping of the 100-year flood depth may overload the County engineering sections. It would be expected that permits for new structures or modifications to streams and watercourses would trigger the need for the flood management improvements on existing operations. Review and approval of Conservation Plans by the Soil and Water Conservation Districts (SWCDs) may require a review for compliance with the stormwater ordinances. Cooperators may opt out of their conservation plans if it triggered the need to install the proposed compliance measures. The requirement for 100-year flood capacity in watercourses may be interpreted to conflict with the NRCS capacity standards for water control structures. Until the effects of this change are more closely examined, it appears the size of these water control structures will increase in size in order to meet the capacity requirements thereby possibly taking agricultural lands out of production. In addition, it is doubtful that the NRCS financial assistance programs will fund the additional costs to comply with the County requirements. Unless the County provides financial assistance to agricultural operators to meet this proposed requirement, the farmer will inevitably bear the burden for the additional costs and potential loss of productive agricultural lands. The additional costs to farmers and rancher imposed by compliance with the stormwater ordinances will add to the already difficult financial position of the agricultural producers brought on by higher energy and feed/nutrient costs. It is likely that many operations will not financially survive. The result of fewer farmers and ranchers will be higher food costs to the public, less food security for the state, and more open land brought onto the market for non-agricultural development. Discussion on the Process to Improve Floodolain Management It appears that the current proposals reflect good intentions. However, imposing these requirement will pose undue hardship on agricultural producers in Hawaii County. SWCDs and NRCS have always actively supported efforts to publicize and address the flood problems on the Big Island, especially for West Hawaii. The rapid expansion, on the Kona coast, of housing development, and intensified grading and land modification by new farmers in the past ten years, has raised concerns from the SWCDs, NRCS and other partners. Proponents of wise management of floodplain resources in West Hawaii have advocated for 1) detailed mapping of the floodways and flood zones, 2) strict enforcement of existing floodplain ordinances, 3) responsible conservation planning for farms and ranches, including limitations on grading and opening of forested upper watershed areas, 4) a more open process for review of subdivision and development plans. It appears the drafters of the current proposals intend to resolve the flood issues by two strategies, 1) prevent any runoff from new developments and farms, from rainstorms up to and including the 1 % event, from leaving the property and 2) requiring all new or altered drainageways and watercourses to provide a 100- year storm capacity. Neither is likely to be physically or economically feasible for farmers or developers. Neither is a requirement of the National Flood Insurance Program administered by FEMA. We recommend FEMA's National Flood Insurance Program and its model ordinances should be used to guide the improvement of the County of Hawaii's Floodplain Management Program. The relatively unique and pressing flood management issues in West Hawaii should be addressed with more detailed mapping and identification of the flood hazards, better enforcement of the existing regulations, and more transparency in the application and approval process for land modification and development. Next Steos While the current goal is to prevent the proposed ordinance changes from being approved, the long term goal should be the reduction of flood threats throughout the Big Island and, especially, in West Hawaii. Reiterating, flood management issues in West Hawaii should be addressed with more detailed mapping and identification of the flood hazards, better enforcement of the existing regulations, and more transparency in the application and approval process for land modification and development. In addition, the important conservation work carried out by the Soil and Water Conservation Districts and NRCS to reduce floodwater discharge, erosion, and flood damage should be recognized. Particular mention in the stormwater ordinance of the agricultural grading exemption and support for its use to reduce storm discharge from farms and ranches should be advocated.