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Home My WebLink AboutCOM 0176.161 2006-2008 Myy or `~S` lu;~ Harry Kim i. Bruce C. McClure Director Mayor ~ OMi' yrr Of ~M'~ Jiro A. Sumada ~IIlx2T~~ II~~t1~1TF11`l DeputyDirectar DEPARTMENT OF PUBLIC WORKS Aupuni Center ty 101 Pauahi Sheet, Suite 7 ~ Hilo, Hawaii 96720-4224 _ C (808) 961-8321 ~ Pax (80%) 961-8630 - r www.co.hawaii.hi.us August 30, 2007 _ Honorable Pete Hoffmann, Council Chair and Members of the Hawaii County Council Hawaii County Council 333 Kilauea Avenue Ben Franklin Building, 2nd Floor Hilo, Hawaii 96720 Subject: Time Extension for Adoption of an NFIP Compliant Floodplain Management Ordinance Enclosed, please find an approved time extension until November 30, 2007 for the County to adopt a National Flood Insurance Program (NFIP) flood plan management ordinance. Also enclosed is a copy of an August 30, 2007 News Release. If you have any questions, please feel free to contact me at 961-8324. BRUCE C. McCLURE, P. E. Director BCM:jjsy Attachment cc: Mayor Comm. No. i ~ ~ ' Ref. Ta<<~°~ Ref. Uate County of Hawaii is an Equal Opportunity Provider and Employer. LAUSA x. TwsseN p I-H INn'uw Lt NINYFR.vIN LINDA UNCLE S~ 1h, ui\Nn~n L\NUnxU Nn nlh.a. Nl aNNtT~s WVEM.WR OF HAWAII A~ N\p9p tVMMh RIN UN W,g1Y WUN1hiFTNNn6PLU NI Y ='tYr„iy ' KENC KAK.AHApA a y,d~ C ¢D UfNIIY pWRUN-wnl}N q ~ g ~i Mj11A1'k h1:4NM1%1 t~ ~ d' IM4.I IN(i ANUaRtAN N1:l R1'AI'h1N NIINIit111X ttH:VY1AM:1-> q^. ~t N.,MCL1tlW tNl WAn~:N MF!YNIXI'1. xANMif:W~NI ~Bf N~~,.y\Yfp tl Nl<fhVATFNI \NUL'~I.V\1.\I. I..WIM aR LiMi1XVAihNf nNl) MIA Nhl'111~N4(M\) Nf NI I;WIMI I:NIMI Q~ ii ItINI\I%v \WIN'II IN qI'. STATE OF [1t1WA11 IINNWF'I'NKIXVA Ih,N N.\IMNN.\Wf 61 ANI1 Nf>I'N VI'lvwMLN.th~N '?araofHiN~ DEPARTMENT OF LAND AND NATURAL RESOURCES ''°'D slArt rexc. ENGINEERMG DIVISION POST OFFICE BOX 373 HONOLULU. HAWAII 968D9 August 29, 2007 The Honorable Bruce McClure County of Hawaii Department of Public Works 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720-4224 Dear Mr. McClure: Request for Time Extension Revisions to Chanter 27 -Hawaii Countv Code In our August 21, 2007 letter regarding the County's request for an extension on the adoption of a revised Chapter 27 of your County Code, we indicated that an extension could not be granted until written notification from your Office of the Corporation Counsel was received, confirming that Hawaii County can legally enforce Chapter 27 of your County Code on the basis of the April 2, 2004, FEMA Flood Insurance Study and Flood Insurance Rate Maps. We are pleased to inform you that we are in receipt of Deputy Corporation Counsel, Joseph Kamelamela's letter (see attached) and hereby grant an extension on the adoption of an NFIP compliant floodplain management ordinance until November 30, 2007. If you have any questions, please feel free to contact me at (808) 587-0267. Sincerely, , CAROL L. TY~-BEAM State NFIP C L rdinator Attachment c: Galen Kuba, Hawaii County Department of Public Works Joseph Kamelamela, Hawaii County Corporation Counsel Cynthia McKenzie, FEMA Region IX Eric Hirano, DLNR Engineering Division MfY ~'-'T~ L~ Harry Kim ~ Dixie Kaetsu Mayor ~ • Managing Direc(or • J. '~r~ Of `M•«• Barbara J. Kossow COUNTY OF HAWAII ~PuN Managing Direcmr 25 Aupuni Sveet, Room 215 Hilo, Hawaii 96720-0252 • (808) 96]-82] 1 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 August 30, 2007 Contact : Bruce C. McClure, P.E. Director, Department of Public Works (808) 961-8321 Monday-Friday 7:45 a.m. to 4:30 p.m. (808) 557-8437 After hours, Noelani Whittington FOR IMMEDIATE RELEASE County Granted Extension from NFIP for Floodplain Ordinance The County of Hawai'i's request for an extension to adopt the proposed changes to Chapter 27, on Floodplains and other flood hazard areas from the National Flood Insurance Program (NFIP), was granted today. November 30, 2007 is the new deadline to submit changes to the ordinance. Hawaii County is currently a participant in the National Flood Insurance Program. It is required to adopt and enforce Floodplain management regulations. The original deadline was September 30, 2007, to bring its Chapter 27 into compliance. If the County does not meet the minimum requirements and does not comply with the NFIP, it will lose access to Federal disaster assistance and low-interest loans from the Federal Emergency Management Agency (FEMA). Public Works and Council member Brenda Ford submitted Bill 151 with proposed changes so that it meets the requirements of the NFIP and to address policy issues raised by the County Council that go beyond the minimum criteria of the NFIP. A State coordinating agency for the NFIP is reviewing Bills 151 and 51 to insure their compliance. In late April, 2007, the Administration received a letter from the State coordinating agency for the NFIP informing the County that an audit had begun of its NFIP procedures. The audit, said McClure, involves inspecting the County's permit files, followed by a discussion of programmatic issues and a review of the floodplain management ordinance (Chapter 27) for the NFIP. For information on the technical language aspects of the proposed legislation for Bills 151 and 51 contact County Public Works at 961-8321 or bmcclure@co.hawaii.hi.us. -30- Hawaii County is an Egual Oppornmity Provider and Employer ' •r try Kim Uttoln S.T. Asluda r-~'PR~^ Coutuel ~~~~~1 Gerald Takax COUNTY OF HAWAII Au~,m,tc~'~„c~el OFFICE OF THE CORPORATION COUNSEL IOl Aupuni Sheet. Suite 325 [$b, t[awai'i %7208262 • (808) %1A251 Fu (808) %t.8622 August 21, 2007 Carol L. Tyuu-Bean, P.E., CFM Stace Na[ionai Flood Insurance Program Coordinator Department of Land and Natural Resources ~j Engineering Division Post Office Box 373 Honolulu, Hawaii 96819 Dear Ms. 7'yau-Bean: ;i Re: Section 27-5, Hawaii County Code, Compliance with Floodplain Ivtanagement Ordinance Mandating Reference to Subsequent Revisions to Flood Insurance Rate M3DS _ Ott August I5, 2007, you inquired as to .vhether the current ordinances, that is, Sections 27-5 and 27-6 of the Hawaii County Code ("}ICC"), aze in compliance with the Floodplain Management Ordinance ("FMO") that require that the County of Hawai`i's Flood Control Code ("Code") include a reference to all subsequent revisions and amendments to the Flood Insurance Rate Maps ("FIRM"). We answer in the affirmative that Sections 27-5 and 27-6 of the Code complies with the FMO and that the County can legally enforce Chapter 27 of the Code on the basis of the April 2, 2004 Flood Insurance Study ("FIS") and FIRM for the following reasons: 'The controlling largu::ge of the applicability of t1[~ Colo is provided in Section 2 i-5, HCC. This section provides, in relevant part, that; This chapter shall apply to all azeas of special flood hazards identified by the Federal Insurance Administration in a scientific and engineering report entitled 'Flood Insurance Study,' dated July 16, 1990, with accompanying [FIRM] and all subsequent revisions and amendments[.] (Emphasis added.) On its face, this provision is clear and unambiguous that the Code references, and includes, all subsequent revisions and amendments to the F[S and FIRM. The provision's reference to sll subsequent revisions and amendments to the FiS and F[RM is the sane or substantially similaz to the provision in the FMO that mandates the County to '`include a reterence to all subsequent revisions and amendments to the flood maps[.]" Hawaii County is an Equal Opportunity Provider and Employer r Cazol L.'Cyau-Bean, P.E., CFM August 21, 2007 Page 2 Section 27-6, HCC, provides some of the basis "of the azeas identified by the Federal Insurance Administration of the Federal Emergency Management Agency in the Flood insurance Study:' This provision recognizes and adopts the changes of the FIS and FIRM that occurred between September 16, 1988, and June 2, 1995. This provision, however, did not prohibit the County from considering all subsequent revisions and amendments to the FIS and FIRM. In addition, it has been the practice of the engineers within the County's Department of Public Works to utilize all subsequent revisions and amendments to ehe FIS and FIRM during its review and approval of permits, such as, building permits. This conduct by the agents of the County establishes that the legislative intent of Section 27-5 was to allow the County and others to rely on all subsequent revisions and amendments of the FIS and FIRM. Should you have any further questions, please contact me at (808) 961-8251. Sincerely yours, JOSEPH K. KAMELAMELA Deputy Corporation Counsel JKK:fc s:~misc`jkk\07-0816 Itr to tyau-bean\8-21-07UKKfc.doc Page 1 of 1 McClure, Bruce From: CaroI.L.Tyau(a~hawaii.gov Sent: Wednesday, August 29, 2007 1:58 PM To: McClure, Bruce Cc: Kuba, Galen; Kamelamela, Joseph; cynthia.mckenzie@dhs.gov; Eric.T.Hirano(c~hawaii.gov Subject: Request for Tirrte Extension -Chapter 27 Revisions Aloha Bruce, In the interest Of time, I em forwarding an elearonic copy of our approval for a time extension on the adoption of Bill 51 /Bill 151. The original letter was sent out today. You should be receiving it shortly. Thanks, Carol Carol Tyau-Beam, P.E., CFM State National Flood Insurance Program Coordinator Department of Land and Natural Resources Engineering Divisbn Phone: (808) 587-0267, Fax (808) 567-0283 Email: CaroI.L.TyauQhawaii.gov 8/30/2007