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HomeMy WebLinkAboutRES 479 Draft 01 2012-2014OFFICE INFORMATION ONLY Meeting: Council — August 6, 2014 Action: Postponed to the Call of the Chair - 08/06/14; never taken up again Re: Res 479-14; Comm. 966 (2012-2014 term) COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 479 14 A RESOLUTION REQUESTING THE STATE OF HAWAII TO RESTORE AND PRESERVE THE LOWER HAMAKUA DITCH (OPEN -VESSEL WATERWAY) AND TO ALLOW MORE COMMUNITY INVOLVEMENT IN THE DECISION-MAKING PROCESS. WHEREAS, the Lower Hamakua Ditch (LHD) is a primarily open, 26 -mile water channel that extends from intakes at the back of Waipi`o Valley along the Hamakua coast to the Pa`auilo Reservoir; and WHEREAS, the construction of the LHD was completed in 1910 and is a significant historic site having been built by the hands of plantation workers who labored under adverse conditions through lengthy tunnels and other difficult terrain to provide a waterway for the expansive sugarcane plantations along the Hamakua coast; and WHEREAS, the State's "pipe and bury" plan would destroy the unique ecosystem created by this waterway and, therefore, may be in violation of the National Environmental Policy Act (42 U.S.C. 4321) and regulations established by the Council on Environmental Quality (40 CFR Part 1500) regarding the requirements for an Environmental Impact Statement (EIS); and WHEREAS, consistent with the 2010 Hawaii Supreme Court decision in Unite Here! Local 5 v. City and County of Honolulu, a supplemental EIS is necessary to modify the 2001 Memorandum of Agreement that was based on the 1999 EIS (15 years ago), which did not support burying the ditch; and WHEREAS, the LHD is in need of repair and restoration, however, to change this waterway from an open vessel to one that is buried in a polyethylene pipe would make this a capital improvement project, which does not fit within the EIS exemption for a "repair"; and WHEREAS, residents learned that the Director of the Department of Agriculture and other State representatives are in the process of negotiating contracts with local contractors to immediately engage in a "pipe and bury" plan in disregard of the sentiments and concerns of the affected local residents; and WHEREAS, the interests of the general public must be served by allowing community participation in determining whether to preserve or destroy an historic site of great significance that will affect their quality of life and watershed ecosystems, especially for those who reside in the immediate affected areas of Kukuihaele and Kapulena; and WHEREAS, section 5.1 of the May 2006 Hamakua Agriculture Plan states the following LHD goals: I. 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."; and WHEREAS, the Lower Hamakua Ditch has been designated as an eligible State historic site under Site No. 50-10-7, 89-7513 by the State Department of Land and Natural Resource's Historic Preservation Division; and WHEREAS, Morgan Davis, assistant archeologist with the Historic Preservation Division, inspected the LHD and concluded in her April 22, 2009, memorandum that the LHD is an historic site that is a well-preserved piece of history and is against piping and filling it in; and WHEREAS, section 6.2 of the County of Hawaii General Plan 2005 (as amended), states that one of the goals for historic sites is to "Protect, restore, and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawaii."; and WHEREAS, the Hamakua district is currently in the process of drafting a Community Development Plan, and although that plan has not been completed, residents have stressed the importance of preserving the open -vessel LHD Plan; and WHEREAS, the National Historic Preservation Act (NHPA), Section 106 (16 U.S.C. 470f) requires accountability for all federally assisted state programs to ensure that the 2 authorizing agency take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register of Historic Places; and WHEREAS, given that Federal funds are involved and the LHD is eligible for the National Register of Historic Places, the State's "pipe and bury" plan may be in violation of the NHPA and the corresponding regulations for the protection of historic properties (36 CFR 800); and WHEREAS, the State's "pipe and bury" plan may also be in violation of the Endangered Species Act (16 U.S.C. 1531) and the corresponding regulations for endangered and threatened wildlife and plants (50 CFR Part 17), which provide for the conservation of habitats where endangered and threatened species are found; and WHEREAS, the State's "pipe and bury" plan may also be in violation of the Hawaii State Planning Act, HRS 226-12 (Objective and policies for the physical environment — scenic, natural beauty, and historic resources), which, among other things, requires the State to "Promote the preservation and restoration of significant natural and historic resources."; and WHEREAS, the United States Department of the Interior, National Park Service, has been critical of the State of Hawaii for failing to better protect its historic assets and sites, thereby putting at risk substantial Federal funds; and WHEREAS, the State has assured the National Park Service of its renewed emphasis on preservation of historic assets, particularly on the neighborhood islands, and if the State were to fail to address the cultural and environmental concerns in this case, it might further jeopardize the State's eligibility to receive Federal funding for its Historic Preservation Division; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it hereby requests the State of Hawaii to restore and preserve the open -vessel waterway of the Lower Hdmdkua Ditch and to allow more community involvement in the administrative process before irrevocable decisions are made. 3 BE IT FURTHER RESOLVED that the Council of the County of Hawaii requests the State of Hawaii to update the Environmental Impact Statement from 1999 and/or hold the required hearings for agriculture irrigation projects. BE IT FURTHER RESOLVED that the Council of the County of Hawaii requests the Director of the Department of Agriculture to immediately address the Council to discuss how the department can repair and restore the Lower Hamakua Ditch in a manner that would eliminate or minimize the need for a "pipe and bury" approach. BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Honorable Governor Neil Abercrombie; the Honorable Senator Malama Solomon; the Honorable Representative Mark M. Nakashima; the Director of the Department of Agriculture; and the Honorable Mayor William P. Kenoi. Dated at , Hawai`i, this day of 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 ATTEST: 11\YIII7alNil IBM ft- &W � 20 ROLL CALL VOTE AYES NOES ABS EX EOFF FORD ILAGAN KANUHA KERN ONISHI POINDEXTER WILLE YOSHIMOTO Reference: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. L, C-966/Waived AWESC 4'79 14