HomeMy WebLinkAboutCOM 0845.002 2010-2012 V Os
*' '�'� Email: dyagong @co.hawaii.hi.us
DOMINIC YAGONG
��i%cy Phone: (808) 961-8264
Council Chairperson /‘,\F ;.; Fax: (808) 961-8912
Council District 1
N4 6i.M►
Hawai`i County Council
County of Hawaii }
25 Aupuni Street
Hilo, Hawaii 96720
DATE: October 2, 2012
TO: Members of the Hawaii County Council '_t
FROM: 'r Dominic Yagong, Chairperson •
�NIIAM`�
‘:ZOL(N,
SUBJECT: INFORMATIONAL HANDOUTS '
Attached please find additional informational handouts submitted by Third Thursday Thrive for a
presentation on October 2, 2012 on the Committee of Agricultural, Water and Energy
Sustainability.
DY/np
. , z
Hwy •
Cenvubi
�C
�. r
Serving the Interests of the People of Our Island
Hawaii County is an Equal Opportunity Provider and Employer
\ . . -,.. '‘ -* ,c!iii-o-' '..', —1,.,.. _ ., ,^-,-1P--
r
I
�^
a r 6t •{ 4V A , - , `i ` ti„ ._+ mss � S-i.
t r f C 4
,;'"..,r t'yw q' 4 _ . t -11....t.14!y4, 1,'y•at"t .--- _, .4 �
:"-;,4,`I./., ,i,i q.^Cv N 'a^ K _ R y \qti `_.` ''',_\ ! t q \•„ �� ' -:, ,"4 t :r e :”' 4• y 4 � ik. *. t'VC ti .f.
y s 1 R-
•
.
�s"d a-rr ce y'!' t w �' .tom ,,,A x� k :�S, pl� - 1 wy 'f`s ,� '.� r -
s
`\ � � i't's - .__�� .\ * � .
Y
t . � T 4
w
sS, r.4 ;' - .' - -_ -. , 4V. . . 1.,:t'-` r
za.r I c s 5 t--.o+ - -:"-'4;'‘'' , 'r .6�- . f.,J♦
4_ l / ig 'f $ t ;-a ,• -s.":.f741-,-',, .w
w a ' 11' t s
r.. ab
i ! S raWr
- - 40„-,;'..t- Y r fJ 1•
. . �\ i,U*1. ♦ ,- r,
r r 3
■ `� "
t.
f
f `
, j(9,, -
. . .. . ... . _ ..... ... .: ,. ...... .. - - .. a -. _•'♦ '.+•' ♦. .li
•
, ' '''' .414,.. ,:.. .:, 4. ,,'t (, ' ' -, , s
.^ `Y 'f 4", ,'. p !t. l� ,' " ,, x! * 4 'ya ti. "�Sa0 wt I°,
,ems i ` -•.
.' ,- 'a'i .:V 7J-. 4.1- . r-_ & f..:'ti- .�•_ t`R '11.
• t * r
•
t
; 1
... - Y,�jF � ,7.A
• ' . ' - . mil a t f Z . _
;„.....,. . .. ..„., . ,,,,,
,, ,..,- . , „ —i'iti.", ' 's ::.
' '"
pt`• y'T r� '� tCZ p� r k J .
E: kfrT
a ,,,,,.1.„,..,„!,F -o �
rYt a•
., � �Y A �r � s: �:' i r
� :4•y r
t ` x °rte a r'•
�. 1:
if
1 • a
Ilk- 4
' ' '•:' 4 \ \
4;zW :....' .C._. v yy iL
1ct
fF: s #rt
7 40 ±{ r[ �i ti 4 ` ` ' . 1,.‘..17i...-a s r S r
'k '',",,,3...".es,
N ,H -i !'., ■ ` ! 3* _ 1ffi• f. ..A,;
. ^a 1^_11..',-.3 • d r s ` .� �� F P i urn
'€ , s 4�
` T
'
f � ; 3 z,.,s ma-
;,. Eiy v 14: -4 � f�j "s fi• v � rf✓vsL Y � = x y t
r
.' 1ri � J 3r k.i. r - f,/ r • d r 0 •
,h.,:i''''.*\:;4.:1-!,."; k-s..;',/.2“.•'- ....-,'',•'''4';-4'.''''' '•,--"'-- N'''/;•°.'°'•4'
x 1 !'k.! i (`T `I'1aa /' r`• T: R`s t4 r('ifrl fr r '
sa s , 4.. p<( t : •. \ {,� : 1 11F
t r
7„
r„
�`#�1 aJ ° i fe .. f' a ffA , "i i :14,44i., ;',:-,'I',4^. h 4 r `t� • u ar ti- .J / . a�Ca .. . - r;/ �• `/I i;.A ¢. Y . t 1 Cye a ? k 4 y >ea,Jd �. : '.& -;' T�`tsnr ! /' a v e r ' ¢ r R ,l. , . 1 an F4. i ! �� cr . - r '- `+ c J % i r a ,� 'r `a
/y`�r �g
t1♦'” ~ -.4•1�AP / i ,, l a r ^-,,: wa`iejilt• io< . gro-r s T
�i , '44{s.•,.,-¢�1 is ' ,.. ,. 4:-, r••� P§t' ^.'+'° (744-•
- !,. 77` si '. of r. r R
m
LAURA IL UNELEN
_. ���DnNn>rn�,�.���s CHICIPERiON
M 6,a= 7.4._ DO ON WARM WA INER WHAM:NEYT
LINDA cirH LE ,
f 4�' i a8a '!�; RUSSELL VASUR
3oVEANOR OF HAWAII FIST E:AMY
KEN C KAWANARA
g x
v,11�and 441t44. .
E: NmpAl2CWPSOUS�CONVITAPCES
-._ 'Ott
alimpassiONON p YATIONAtD COASTAL
ttJ r'+,x{�./ �_. �,, CDtDµltYA7tONcty+txT IESOURCEMANAGOCEST
},!7 rM WKDLIN
RIOINEIRINO
it" STATE OF HAWAII l68ioYt SANDW DLF.
*Ci /f DEPARTMENT OR LAND AND NATURAL RESOURCES ,,� .hire '
We
dFl STATE PARIS
STATE HISTORIC PRESERVATION DIVISION
601 KAMOKILA BOULEVARD,ROOM 555
KAPOLEI,HAWAII 96707
MEMORANDUM TO Theresa Donham and FILE
Morgan Davis, Assistant Hewer' Island Archaeologist
April 22, 2009
multiple locations across a five-
mile Site visit to the Lower Hamakua Ditch (multiple the communities of
mile stretch)with landowners in Waipio,spec'
Kukulhaele and Kapulena
117, 2009 I visited the Whoa Wa ipto Ranch, arriving at 11:30am and
On Friday, April is Mike Olivet (775-0065), and we had been
leaving at 4:i 5pm. The ranch's owner
this is the first time we met in
having telephone conversafions for a week a�� Lower Hamakua Ditch
rson. Also present were other lam 5-0ch8), and
Tony Frettas {775-0635), Ka'ai Batalona (77
running through their property:
Guy Andrade (775-0065). Mother owner, Richard Mastronardo (775-0005)joined us
around 1:30pm.
The basic issue is the current FEMA led project(with the State Department of
Agriculture)titled"Fbadproofing of the Lower Hamakua Ditch"to place pipes in an
approximate Smile span of the Lower Hamakua Ditch (LHD, SiHP).The LHD has been
and in 2006 we(Peter Young)signed an MoA
in continual use for over a hundred years, and NRCS regarding of
among Lower Ha akua State We do haState ve a acac archaeological monitoring program for
the Lower Hamakua Ditch. crossing�near gulches.Affected
areas of this project, but only the portions failed to take a
landowners contacted me with their belief that the proposed project ditch o in their
number of crucial matters into account, and after visiting
company I agree that significant problems with the current plan do exist_
repairs was originally 1. The premise of the need for reps lly agreed upon in 2002 in a MoA
Ditch
among the USDA, NRCS and SHPO the Lower
Watershed_This document built o� � EIS, �u detailed
certain following
open ditches,flumes and tunnels.
either the 2004 flooding or 2006 earthquake. repairs to open
2. The 2006 MoA incorporates this one by reference, but changes reps
to Install high density polyethylene pipe or corrugate-metal pipe in open
ditches °.
sections of the Lower Hamakua Ditch, over a maximum linear distance of five
miles" including excavation of dirt from nearby areas to cover the pipes. This
agreemerrtlptan states that it will have an adverse affect on the LHD but the truth
Morgan Davis Memo
Page 2 of 2
is that it will destroy these five miles of the open LHD and cover up the masonry
that SHPD previously(and in the 2002 MoA)declared would not be touched.
3. Further, by covering up the ditch and filling it in, a new watershed system will be
created that has not been considered. No environmental review has occurred
since 1999. After visiting the LHD, I can confirm that:
a. The LHD open areas are, with one exception I viewed, in great shape. The
water flows clean, far below the height of the banks, and supports three
rare species, the blue dragonfly;the blue-crested heron, and ducks only
found elsewhere in Maui. I saw the first two myself during the visit I also
saw tilapia, crayfish (which the blue-crested heron eat), and limu and
guppies, which the ducks eat. Filling in the LHD will elkninate this
environment because there is no other free-flowing water in this area.
b. Many locals use this water and apparently were never consulted about
this federal undertaking. After they started receiving notices about water
shutoffs for pipe installation one meeting was held but by the second one
they were apparently informed it was a done deal and nothing would
change by talking about it. I heard no mention of the flooding that will
occur by filling in the LHD--the mauka side of the ditch is very steep, and
the makai drops down directly to the community's homes. I have
confirmed that no flood study was undertaken.
c. The easements granted to the DoAg in our 2006 MoA, and subsequently
included in our Section 106 letters, are incorrect Ag does not have
authority to a 50 foot corridor on either side of the LHD; they have 20-foot
exclusive easements, an additional 10 non-exclusive--if the landowners
signed agreements to that effect, and not all have. For that reason FEMA
has been stopped from accessing some areas of the LHD and, as Friday,
have agreed to avoid piping the LHD at the discretion of those owners
who do not agree. But that does not solve the problem for those who did
sign the agreements years ago.
4. I have been told that Mrs. Wong, who bought the property previously owned by
the Catholic Church, and Roseanne Barr(yes, the actress), who recently bought
property also containing a portion of the LHD, also oppose filling it in. Nobody is
against needed repairs, and all value the LHD and the water they rely on from it.
After learning that individuals do have the option to dispute the MoA in writing to
FEMA (Section VIRE], Dispute Resolution)they have informed me that they are
going to do so. They have also contacted Representative Takamine's office
about it.
My personal feeling is that we need to revisit this MoA because it does appear that
appropriate consultation may not have occurred at the time it was under consideration.
The open waterway, aside from the ecological concerns, is a stunning example of its
kind. It is an historic site under criteria A, C and D. It is used as a public walk, and we
did see people using and enjoying it while I was there. It is a uniquely peaceful,
accessible and well-preserved piece of history and for that reason alone I would argue
against piping it and filling it in.
Cc: Photographs of LHD from my site visit; the 2006 MoA; the 2002 MoA
WHEREAS the air, the water and the `aina, comprise a jointly owned commons
to which all residents of Hawai`i Island have a constitutionally valid public trust claim;
WHEREAS the interests of the general public are best served by a-an inclusive
community dialog on determinations affecting the local quality of life and the existing
watershed ecosystems;
WHEREAS the residents of Hamakua have a natural right to influence
determinations which affect the preservation of their heritage;
• WHEREAS,the Lower Hamakua Ditch Watershed (LHD) not only constitutes a
unique ecosystem, but also provides a historical connection to the plantation life it once
that it served
WHEREAS the State of Hawai`i (the State) has an interest in r_,anaging and
maintaining of the LHD for the conveyance and distribution of wat,,, Jr present-day
agriculture as well as for other potential future uses*
WHEREAS the LHD is in need of repair, restoration, and flood-proofing;
WHEREAS following completion of a 1999 Environmental .Impact Statement
federal, state and local entities in collaboration with the community, agreed to a
restoration plan based on retaining the 100 +year old open ditch system and rejected the
alternative of covering a major section of the LHD.
WHEREAS a pending and an existing allocation of funds for the benefit of the
LHD does not require its conversion to underground piping;
WHEREAS the State now instead plans to install a polyethylene pipe into the cut
stone and cement irrigation vessel, and then bury the waterway except in the areas around
the tunnels;
WHEREAS the community would like to work through all availablc 4tie options for
maintaining the LHD in the best interests of the community and its environment in an
"adult conversation"-so as to promote the State's legitimate concern ithout destroying
this community asset and be able to consider the pros and cons of all “lternatives;
WHEREAS the State is currently in the process of acquiring the LHD easement
by way of negotiated settlements and actions in condemnation, and residents are therefore
concerned the State will proceed with its "pipe and bury"plan without allowing the
Hamakua community to weigh in on this decision;
WHEREAS Lower Hamakua Ditch has been designated as an eligible state
historic site #50-10-7, 8, 9-7513 by the State Department of Land and Natural Resource's
Historic Preservation Office (SHPO);
•
i
•
WHEREAS in 2009 an assistant State Department of Land and Natural
Resource's Historic Preservation Office (SHPO) archeologist, after her inspection of the
LHD, argued against the replacement "pipe and bury"plan. She concluded in her April
22, 2009 Memorandum:
The open waterway, aside from the ecological concerns, is a stunning
example of its kind. It is an historic site under criteria A, C and D. It
is used as a public walk, and we did see people using and enjoying it
while I was there. It is a uniquely peaceful, accessible and well-
' preserved piece of history and for that reason alone I would argue
against piping it and filling it in.
WHEREAS the County of Hawai`i General Plan 2005 (CHGP) (2COS, as
amended 2009) recognizes the importance of preservation of historic cultural assets, and
specifically provides as a key goal, to "Protect, Restore, and enhance e sites, buildings,
and objects, of significant historical and cultural importance to Hawa. i";
WHEREAS the Hawaii State Planning Act, HRS § 226-12 likewise requires that
"Planning for the State's physical environment shall be directed towards achievement of
the objective of enhancement of Hawaii's scenic assets, natural beauty, and multi-
cultural/historical resources; as well as to "Protect those special areas, structures, and
elements that are an integral and functional part of Hawaii's ethnic and cultural heritage."
WHEREAS-the May 2006 Hamakua Agricultural Plan relating to the "Lower
Hamakua Ditch Goals and Objectives and Implementing Actions", underscores the
historic and cultural significance of the LHD and states as follows:
1. Leverage all opportunities to create maximum use of the Lower Hamakua Ditch
• System; 2. Maintain and preserve the Lower Hamakua Ditch system; 3. Have the
community acknowledge and honor the role the Lower Hamakua Ditch has played in its
past as well as in the present and future."
WHEREAS the Hamakua community is currently in the process of drafting a
Community Development Plan, however that Plan has not been comnl led and at this
time there is no Community Development Plan Action Committee al. therefore residents
of Hamakua are asking for the County Council and the Mayor advocate for their
concerns;
THEREFORE the County of Hawaii asks the State of Hawai`i to enable a public •
process on this matter before irrevocable decisions are made. Such a process may include
updating the 1999 EIS and holding the required public hearings for agricultural irrigation
projects (Section 171-17). Additionally, the County respectfully request that any final
State decision concerning the LHD be delayed until a Hamakua Community
Development Plan Action Committee is created in order to allow the community to
consider the various alternatives within the context of the above policies and principles.