HomeMy WebLinkAboutMayors Waipo AMENDED TRAFFIC EMERGENCY ZONE DECLARATION AND FIRST WAIPIO VALLEY ROAD DECLARATION OF EMERGENCYMitchell D. Roth
Mayor
Lee E. Lord
Managing Director
Robert H. Command
Deputy Managing Director
Gunk of "Puftyal"i
(Offirr of f r nVor
25 Aupuni Street, Suite 2603 . Hilo, Hawaii 96720 . (808) 961-8211 . Fax (808) 961-6553
KONA: 74-5044 Ane Keohokalole Hwy., Bldg C . Kailua-Kona, Hawaii 96740
(808)323-4444 . Fax (808)323-4440
AMENDED TRAFFIC EMERGENCY ZONE DECLARATION AND FIRST WAIPI`O
VALLEY ROAD DECLARATION OF EMERGENCY
WHEREAS, Waipi`o Valley Road is a four wheel drive County road located on the
northern Hamakua Coast of Hawaii Island. The road is narrow and winds down the steep
hillside of the south valley wall.
WHEREAS, Waipi`o Valley Road is the only vehicular ingress and egress for Waipi`o
Valley.
WHEREAS, Waipi`o Valley Road is used by residents of Waipi`o Valley, farmers who
transport agricultural products grown and harvested in Waipi`o Valley, Hawaii County residents,
visitors, and tour operators.
WHEREAS, Waipi`o Valley Road presents significant safety risks. For example, it lacks
shoulders or adequate troughs to catch falling rocks and debris. The road is slippery, particularly
after heavy rains, and adequate stormwater infrastructure is lacking. Some portions of the road
are unpassable for two vehicles. Limited sight distance along the road hampers driver ability to
safely navigate oncoming traffic and pedestrians in the roadway.
WHEREAS, Waipi`o Valley Road descends about 800 feet in elevation over
approximately 4100 feet. Rock outcropping and vegetation overhang the road.
WHEREAS, Waipi`o Valley Road can experience significant amounts of runoff,
particularly after heavy rains. Historically, the County closes the road following periods of
heavy rain and to clear rock, soil and vegetation which has fallen on and across the road.
WHEREAS, a slope failure occurred in March 2019 following heavy rainfall and high
streamflow associated with Hurricane Lane. The primary slide was approximately 500 feet tall
and 70 feet wide. Additional upslope landslide events occurred in April 2018 and February
2019.
WHEREAS, on or about April 2, 2020, the County hired a consultant, Hart Crowser, to
conduct a Preliminary Geotechnical Engineering Evaluation.
WHEREAS, the County's receipt of the completed Hart Crowser's Preliminary
Geotechnical Report dated January 2022 ("Report") occurred in January 2022.
County of Hawaii is an Equal Opportunity Provider and Employer.
WHEREAS, the Report provided geotechnical data regarding the current condition of the
road and hazard ratings associated with those condition, which further detailed the described the
dangers Waipio Valley Road poses to the health, safety and welfare of the people.
WHEREAS, the County has retained Hart Crowser, now a division of Haley & Aldrich,
to further evaluate Waipio Valley Road and recommend specific mitigation measures to make
the road safe.
WHEREAS, the current condition poses substantial endangerment to public health and
safety, and warrants preemptive and protective action in order to provide for the health, safety,
and welfare of the people using the road who will be negatively impacted if the road fails and to
residents unable to enter and exit Waipio Valley.
WHEREAS, the current danger to pedestrians navigating Waipio Valley Road presents
an unacceptable risk that cannot be corrected absent regulations and/or remediation.
WHEREAS, limiting vehicular access generally, and, specifically, to drivers familiar
with the current road conditions is a necessary action for vehicular navigation of Waipio Valley
Road until adequate remediation measures can be implemented.
WHEREAS, Hawaii Revised Statutes ("HRS"), Section 264-1.5, permits establishment
of a traffic emergency zone in response to substantial endangerment to public health and safety
which is or is highly likely to be caused by the temporary closure of, or the lack of adequate
access to Waipio Valley via Waipio Valley Road.
WHEREAS, on February 25, 2022 a Traffic Emergency Zone Declaration was
established for the Waipio Valley Road ("Traffic Declaration") and the Mayor's Waipio Valley
Road Emergency Rule No. 1 ("Emergency Rules") occurred and which currently regulate use of
Waipio Valley Road.
WHEREAS, following issuance of the Traffic Declaration and Emergency Rules, the
County held public meetings, received comments from the community, responded to lawsuits,
clarified certain findings made in the Report, and retained Haley & Aldrich to conduct further
geotechnical studies and to recommend remediation measures necessary to improve the dangers
presented by the current condition of Waipio Valley Road.
WHEREAS, HRS §127A-14 authorizes the mayor to declare an emergency has occurred.
WHEREAS, HRS §127A-2 defines an emergency to include an occurrence which results
or may result in substantial injury or harm to the population or substantial damage to or loss of
property.
WHEREAS, HRS §127A-14(c) vests the mayor with sole authority to judge the existence
of the danger, threat, or circumstances giving rise to a declaration of a state of emergency.
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NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawaii, do
hereby proclaim and declare a traffic emergency zone for Waipio Valley Road due to the
substantial danger to the health, safety, and welfare of the people which is or is highly likely to
be caused by the temporary closure of, or the lack of adequate access to Waipio Valley Road.
The Traffic Emergency Zone Declaration is hereby amended effective September 19,
2022, continuing thereon until February 25, 2027, unless further amended, terminated, or
superseded by a separate proclamation, whichever shall occur first.
Pursuant to HRS § 264-1.5(a), a hearing shall be held before Stephen M. Pause, Director
for the Department of Public Works, on September 16, 2022 at 2:00 pm (HST) via Zoom
Conferencing. Access to the conference may be accomplished as set forth below:
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NOW, THEREFORE, I MITCHELL D. ROTH, Mayor of the County of Hawaii do,
further, proclaim and declare that an emergency has occurred effective September 15, 2022, and
continuing to November 15, 2022.
NOW, THEREFORE, the Mayor's Waipio Valley Road Emergency Rule No. 2 and
Emergency Rule No. 1 shall be effective September 19, 2022 at 9:00 am. Until that time
Mayor's Waipio Valley Road Emergency Rule No. 1 issued on February 25, 2022 shall remain
in full force and effect.
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IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the
County of Hawaii to be affixed. Done this 15th day of September, 2022 in Hilo, Hawaii.
Mitchell D. Roth
Mayor
County of Hawai i
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