HomeMy WebLinkAboutCOM 0018.003 1998-2000 DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
II(ieNlO~Le~1C?CulfL
Date April 15, 1999
To DOMINIC YAGONG, Chairman
Committee on Public Works & Parks
From JIRO A. SUMADA, Deputy hief Eng eer
SUBJECT Ordinance to Amend Chapter 10 Relating to Erosion &
Sedimentation Control
Communication 18.01 -Letter from Thomas Langenstein
We have reviewed Mr. Langenstein's letter and have the following comments:
• Paee 2 -Top Paragraph: As Mr. Langenstein may be implying, most drainage related
grading complaints that we have received aze caused by individual land owners or
farmers. We receive very little complaints on developers creating this type of problem.
Besides complying with the provisions in Chapter 10, we routinely required developers to
prepaze drainage studies and mitigation plans through the land use/subdivision approval
process. Though Mr. Langenstein's suggestion has technical merits, we believe that
imposing such arequirement on afirst-time home owner or a farmer would be extremely
difficult. There aze many azeas in Puna such as Hawaiian Acres, Orchid Land, Fern Acres
and Mountain View that this provision will affect. Lot owners in these areas can ill
afford a drainage study and mitigation plan that would cost $3-5,000 or more depending
upon the complexity of the drainage problem. I SO C _ ~ _ ~ 4~ C~~'~Oh
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Pale 2. paragraphs 2 & 3: We believe the suggestio emg made to sections 10-1 and 4 .3~
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10-3-5 violates the legislative intent of Section 10 - -(4), HRS. This section requires
the County to give the Soil & Water Conservation District (SWCD) the authority to
supercede the (all) standazds established by Chapter 10. Inserting language that would
limit their authority would therefore be improper for the County. However, we do believe
that adopting procedures that incorporate these suggestions would be entirely proper for
each S WCD if they feel it is appropriate for their district. 18. O 03
Comm. Na uu ~~O
F51e No.,~.C' ~ G
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Ref. To: F 2~
6~99~_`
Ref. Dates-----
Dominic Yagong
April 15, 1999
Page 2 of 2
Besides the Kona SWCD there aze Puna, Kau, Hamakua, Waiakea and Mauna Kea
SWCD's. More important than having a public meeting in Kona is the solicitation of
comments from the five remaining SWCD's. It is our understanding that most of these
districts have not been appraised of Mr. Langenstein's suggestions. Because the
suggestions have island-wide impacts, opinions should also be obtained on an island-
wide basis.
With respect to liabilities associated with SWCD, we believe that Section 10-2-b-(4),
HRS, coupled with the fact that the SWCD is an agency of the State of Hawaii, relieves
the County of liabilities related to their decision making.
• Page 2. naraeraphs 3: We do not agree that prior improper excavation or grading work
should be grounds for denial of a Conservation Plan, particularly if the Conservation Plan
will correct the improper work. For certain types of grading violations, we require the
violator to obtain a grading permit. If a Conservation Plan will yield the same result,
denying a violator the opportunity to seek this avenue of action seems counterproductive.
As indicated in the previous paragraph, any SWCD is still free to adopt this suggestion if
it so chooses.
• Page 2. paragraphs S: In a declazed emergency, State laws will be superceded.
Government agencies would operate under the direction of the State or local Civil
Defense Agency.
• Page 3 - T_p Paragraph: Chapter 27, Flood Control, already regulates grading and other
activities within the 100-yeaz flood plain. Because a 100-yeaz flood plain may contain
several flood zones, Chapter 27 is more comprehensive as it addresses permitted
activities for each Type of flood zone.
If you have any questions or need any further assistance, please contact the Casey Yanagihaza or
Galen Kuba, at x8327.
Copy: NRCS -Hilo w/Langenstein letter
NRCS -Waimea w/Langenstein letter
Puna SWCD w/Langenstein letter
Kau SWCD w/Langenstein letter
Waiakea SWCD w/Langenstein letter
Mauna Kea SWCD w/Langenstein letter