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HomeMy WebLinkAboutRES 314 Draft 01 1992-1994COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 314 94 RESOLUTION TO APPROVE A VOLCANIC HAZARD POLICY APPLICABLE TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROGRAMS FOR THE COUNTY OF HAWAII. WHEREAS, the County of Hawaii receives federal funding from the U.S. Department of Housing and Urban Development; and WHEREAS, the County of Hawaii must comply with the volcanic hazard policy established by the U.S. Department of Housing and Urban Development (HUD) (see Exhibit 1); and WHEREAS, HUD's volcanic hazard policy prohibits the use of HUD funds for physical developments involving new construction, resale, refinancing, acquisition, conversion of non-residential uses to residential uses, and major and minor rehabilitation in HUD non -participation areas; and WHEREAS, the United States Geological Survey (USGS) has established nine volcanic hazard zones on the Island of Hawaii (see Exhibit 2); and WHEREAS, the HUD's volcanic hazard policy applies to Volcanic Hazard Zones 1 and 2; and there are no restrictions on the use of federal funds in Volcanic Hazard Zones 3 through 9; and WHEREAS, Volcanic Hazard Zones 1 and 2 represent the actual area of Kilauea's and Mauna Loa's active rift zones, plus the area immediately adjacent to and down slope of these active zones; and WHEREAS, HUD's volcanic hazard policy allows the County of Hawaii to be the ultimate decision -maker and to develop a policy regarding an acceptable level of risk exposure for HUD -funded projects in Volcanic Hazard Zones 1 and 2. NOW, THEREFORE, BE IT RESOLVED BY THE HAWAII COUNTY COUNCIL that it adopts a volcanic hazard policy that shall allow the use of HUD funds by the County of Hawaii in Volcanic Hazard Zones 1 and 2 as follows: It shall be the policy of the County of Hawaii, through its Office of Housing and Community Development, to consider applications for HUD funding in Volcanic Hazard Zones 1 and 2 if: The application is for a program, project or action in support of the existing population or for existing physical facilities or infrastructure, such as the rehabilitation, repair or replacement of existing public facilities or structures which do not have the effect of directly increasing population density in the area. In addition, HUD funds for the construction of new structures will not be allowed unless there is a direct benefit to public health and safety in the area, such as the construction of emergency health and safety facilities. The application must also demonstrate that the volcanic hazard was identified according to the USGS volcanic hazard maps; that alternatives were considered; that volcanic hazards were evaluated against program needs; and, that mitigation measures were considered and, if practicable, included as part of the activity. BE IT FURTHER RESOLVED THAT the Hawaii County Council directs the Office of Housing and Community Development to implement the volcanic hazard policy as established above. 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 16th day of November , 1994. INTRODUCED BY: CO CIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on November 16. 1994 , ATTEST: U CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE I I AYES I NOES I ABS I EX I Reference U. -I 'u"1 RESOLUTION NO. 314-94 HUD Volcanic Policy on the Island of Hawaii March 1, 1991 Background In 1971 HUD established a policy which responded to volcanic hazards on the Island of Hawaii. Under this policy certain areas were identified as being unacceptable for HUD programs. These included the Puna area exposed to the Kiluea east rift zone and the South Kona and Kau west of Naalehu exposed to Mauna Loa and its rift zones. The 1971 policy, although based on geologic data current at that time, was expressed as a very generalized boundary line. Areas within that boundary line are considered HUD program non -participation areas. During the 1970's and 80's the volcanic hazards_policy was rarely used as a basis for evaluating, modifying, or rejecting proposals for HUD assistance --essentially because urbanization in general°and HUD -assisted projects,in par- ticular were not locating in high hazard zones. In recent years, as land development activities expand, HUD/FHA has increasingly received inquiries regarding program assistance near or within the 1971 volcanic hazard non -participation areas. In response to this interest and because the 1971 policy was expressed as a very generalized boundary line, HUD decided to re-evaluate and update the policy. Basis For a Revised Policy The re-evaluation of the volcanic hazards policy is now complete. During its policy review HUD held numerous meetings and discussions with members of the scientific community, and with State and local governmental organizations. In addition, a wide range of technical documents, studies, and plans prepared by scientific and governmental organizations were examined. Information from these sources has been used to develop a more refined and up-to-date HUD volcanic hazards policy as it applies to various geographic areas on the Island of Hawaii. Except for a newly designated area to the northeast of Mauna Loa, the 1990 and the 1971 HUD non -participation areas are not significantly changed in location or extent. The 1990 boundaries are more closely based on known geologic features and current estimates of the U.S.G.S. Hawaiian Volcano Observatory. The attached map is provided for illustrative purposes only. Actual administration of the Policy will be based upon the U.S.G.S. 1:250,000 and 1:24,000 scale maps retained in the HUD Honolulu Office. Exhibit 1 U.S. DEPpY"'MENT OF HOUSING AND URBAN DE"-0PMENT r,l^.•• .. a pj� Honolulu Office . �I Seven Waterfront Pias. Suite 500 c. v,. 500 Ala Moana Boulevard Honolulu, HI 96813 HUD Volcanic Policy on the Island of Hawaii March 1, 1991 Background In 1971 HUD established a policy which responded to volcanic hazards on the Island of Hawaii. Under this policy certain areas were identified as being unacceptable for HUD programs. These included the Puna area exposed to the Kiluea east rift zone and the South Kona and Kau west of Naalehu exposed to Mauna Loa and its rift zones. The 1971 policy, although based on geologic data current at that time, was expressed as a very generalized boundary line. Areas within that boundary line are considered HUD program non -participation areas. During the 1970's and 80's the volcanic hazards_policy was rarely used as a basis for evaluating, modifying, or rejecting proposals for HUD assistance --essentially because urbanization in general°and HUD -assisted projects,in par- ticular were not locating in high hazard zones. In recent years, as land development activities expand, HUD/FHA has increasingly received inquiries regarding program assistance near or within the 1971 volcanic hazard non -participation areas. In response to this interest and because the 1971 policy was expressed as a very generalized boundary line, HUD decided to re-evaluate and update the policy. Basis For a Revised Policy The re-evaluation of the volcanic hazards policy is now complete. During its policy review HUD held numerous meetings and discussions with members of the scientific community, and with State and local governmental organizations. In addition, a wide range of technical documents, studies, and plans prepared by scientific and governmental organizations were examined. Information from these sources has been used to develop a more refined and up-to-date HUD volcanic hazards policy as it applies to various geographic areas on the Island of Hawaii. Except for a newly designated area to the northeast of Mauna Loa, the 1990 and the 1971 HUD non -participation areas are not significantly changed in location or extent. The 1990 boundaries are more closely based on known geologic features and current estimates of the U.S.G.S. Hawaiian Volcano Observatory. The attached map is provided for illustrative purposes only. Actual administration of the Policy will be based upon the U.S.G.S. 1:250,000 and 1:24,000 scale maps retained in the HUD Honolulu Office. Exhibit 1 2 HUD, in consultation with U.S.G.S. geologists at the Menlo Park Center in California and at the Volcano Observatory, reviewed 20 volcanic zones involving lava flows, subsidence and ground fracture, tephra falls, volcanic gas, and pyroclastic surge. Ultimately HUD identified two zones as being particularly hazardous. These are defined by the U.S.G.S. Observatory as lava flow zones #1 and #2. "Zone 1 consists of the summit areas and active parts of the rift zones of Kilaua and Mauna Loa..." "These areas contain the sites of most historical eruptions..." Zone 2 consists of several areas that are adjacent to and downslope from the active rift zones of Kilauea and Mauna Loa and therefore are subject to burial by lava flows of even small volume eruptions in those rift zones."* It was concluded that these two zones should be classified as non -participation areas for the purpose of HUD program assistance. For the purpose of simplification and ease of administration the two zones were integrated so that a sin4le (composite) zone or non -participation boundary line provides the basis for HUD's volcanic hazard policy. Most of the HUD non -participation area falls within parks, conservation areas) or other state and federally - owned lands. Because housing and other urban uses are prohibited in these areas, HUD program assistance will not be sought. However, a limited extent of the non - participation area will not be enclosed by federal or state lands. In these areas we must rely entirely upon lava flow boundaries for zones #1 and #2, as defined by the U.S.G.S. Hazard Policy Implementation The volcanic hazards policy should be applied in a manner which is consistent with the Department's environmental regulatory framework. Thus all HUD programs, projects, and actions which are subject to 24 CFR, Part 50, Protection and Enhancement of Environmental Ouality should also be subject to the volcanic hazards policy contained herein. These programs include HUD Housing programs and McKinney Act Programs administered by non-profit organizations. Therefore, proposals located within the non - participation area and involving new construction, resale, refinancing, acquisition, conversion of non-residential uses to residential uses, and major or minor rehabilitation are deemed unacceptable. Authority for the withholding of HUD program assistance, for reasons of environmental hazard, is contained in a number of applicable HUD policy, regulatory, and procedural documents. * Mullineaux, D.R., Peterson, D. W., and Crandell, D.R., 1985, Volcanic Hazards in the Hawaiian Islands. The volcanic hazard policy will also apply to all programs, projects, and actions which are subject to 24 CFR, Part 58, Environmental Review Procedures for the Communitv Development Grant Programs. However, all programs covered by Part 58 are administered by local or state government grantees, including McKinney Act programs subject to Part 58. In these programs the responsibility to comply with federal environmental law has been assigned, by the Congress, to the grantee. While HUD must assure that the grantee comply with the procedural steps contained in federal environmental laws, it (HUD) is constrained in its ability to impose substantive requirements. However, when HUD considers an area unacceptable for HUD -administered Housing Programs, as has been determined here, HUD has an obligation to advise grantees not to utilize CDBG funded activities in support of physical development located in U.S.G.S. lava flow zones #1 and #2. Nevertheless, the grantee remains the ultimate decision -maker retarding an acceptable level of risk exposure in CDBG projects. However, that discretion must be exercised responsibly. The standard for the consideration of volcanic hazards is found at 24 CFR, Part 51 and HUD Notice 79-33. Within the context of Part 58 these authorities essentially provide investigative and analytic performance standards rather than explicit requirements regarding the acceptability of projects. Therefore, if the grantee uses CDBG funds in support of development activities within U.S.G.S. lava flow zones #1 and #2, we would expect the record to clearly demonstrate that the volcanic hazard was identified according to U.S.G.S. volcanic hazard maps, that alternatives were considered, that hazards were evaluated against program needs, and that mitigation measures (if any) were considered and, if practicable, included as part of the CDBG activity. Appeals to HUD Hazard Policies As a general rule the farther up-slope within a non - participation area, the greater the hazard from lava flows. In theory, the non -participation line signifies the boundary separating hazardous from non -hazardous areas. However, similar to most hazards addressed in HUD policy and regulation (industrial fire and explosion, toxic materials, flooding, aircraft clear zones), the likelihood and severity of hazard exposure is more accurately expressed as a curve -- with severity and the probability of occurrence increasing as one approaches the cause of the hazard. In the hazards listed above, the non -participation area boundary line represents a best estimate of the probable areal extent of an unacceptable exposure if a hazard event occurs. In spite of the gradational character of most hazards, the areal 4 extent of a designated unacceptable zone is normally considered by HUD to be non-negotiable. The lowest level of severity anticipated within an unacceptable zone is considered unacceptable as a matter of policy. In all cases the selection of an unacceptable threshold is based on the best available information and on specialized expertise. HUD's policy with regard to Hawaiian lava flows is considered to be non-negotiable. As in instances involving other types of environmental hazards, a claim that a particular site, within a defined hazard zone, is not exposed to the hazard is a claim which would have to be substantiated by the authoritative agency assigned an oversight role or having specialized expertise in the specific hazard. In the case of lava flow hazards on the Island of Hawaii the authoritative agency is the U.S.G.S. Hawaiian Volcano Observatory. Attachment L N N CL .3 % 0 10 MILES KILOMETERS s The Island of Hawaii is divided into zones according to the degree of hazard from lava flows: Zone 1 is the area of the greatest hazard, Zone 9 of the least. Hazard Zones and Areal Extent for Lava Flows Zone Percent of Percent of area Explanation Area mit $ Total area covered covered by lava Island Area by lava since in last 750 yrs. 1800. 1 greater than greater than Includes the summits 181.15 4.5 25 pct 65 pct and rift zones of Kilauea & Mauna Loa where vents have been repeatedly active in historic time. 2 15-25 pct 25-75 pct Areas adjacent to & 952.80 23.6 down slope of active rift zones. 3 1-5 pct 15-75 pct Areas gradationally 1,206.20 29.9 less hazardous than Zone 2 because of greater distance from recently active vents and/or because the topography makes it less likely that flows will cover these areas. 4 about 5 pct less than Includes all of 314.00 7.8 15 pct Hualalai, where the frequency of erup- tions is lower than on Kilauea and Mauna Loa. Flows typically cover large areas. 5 none about 50 pct Areas currently 29.90 0.7 protected from lava flows by the topogra- phy of the volcano. 6 none very little Same as Zone 5. 184.50 4.6 7 none none 20 percent of this 127.00 3.1 area covered by lava 3,500-5,000 yrs ago. 8 none none Only a few percent of 813.50 20.1 this area covered in the past 10,000 yrs. 9 none none No eruption in this 231.80 5.7 area for the past 60,000 yrs. Table is from Hekker, C., 1990, Volcanic and Seismic Hazards on the Island of Hawaii, U.S. Geological Survey General Interest Publication, U. S. Government Printing Office: 1990-259-799. Exhibit 2