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Home My WebLink About2025-12-16 Mayor's Waipio Valley 21st Amended Traffic Emergency Zone Declaration and Declaration of Emergency FINAL William V. Brilhante, Jr. C. Kimo Alameda, Ph.D. Managing Director Mayor Merrick Nishimoto Deputy Managing Director County of Hawai‘i Office of the Mayor 25 Aupuni Street, Suite 2603 Hilo, Hawai‘i 96720 (808) 961-8211 Fax (808) 961-6553 KONA: 74-5044 lole Hwy., Bldg C Kailua-Kona, Hawai‘i 96740 (808) 323-4444 Fax (808) 323-4440 Twenty FirstAmended Traffic Emergency Zone Declaration And Twenty FirstWaipi‘oValley Road Declaration Of Emergency WHEREAS,Waipi‘o Valley Road is a four-wheeldrive County road located on the i Island. The road is narrow andwinds down the steep hillside of the south valley wall. WHEREAS, Waipi‘o Valley Road is the only vehicular ingress and egress forWaipi‘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, Hawai‘i County residents, visitors, and authorized tour operators. WHEREAS, Waipi‘o Valley Road presents significant safety shoulders or adequate troughs to catch and debris.The road is slippery, particularly after heavy rains. Some portionsof the road areunpassable for two vehicles. Limited sightdistance along the road hampersdriver ability to safely navigate oncoming traffic andpedestriansin the roadway. WHEREAS, Waipi‘o Valley Roaddescendsabout800 feet in elevation over approximately 4100 feet. WHEREAS, Waipi‘o Valley Road can experience significant amounts of runoff, particularly after heavy rains. Historically, the County closesthe road following periods of heavy rain and 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’sreceipt of the completed Hart Crowser’s Preliminary Geotechnical Report dated January 2022(“Report”)occurred in January 2022. County of Hawai‘i is an Equal Opportunity Provider and Employer. Twenty First Amended Traffic Emergency Zone Declaration and Twenty First Waipi‘o Valley Road Declaration of Emergency Page 2 of 4 WHEREAS, the Report provided geotechnical data regarding the current condition of the road and hazard ratings associated with those conditions, which further detailed the described the dangers Waipi‘o Valley Road poses to the health, safety and welfare of the people. WHEREAS, the County retained Hart Crowser, now a division of Haley & Aldrich, to further evaluate Waipi‘o Valley Road and recommend specific mitigation measures road safe. WHEREAS, Haley & Aldridge submitted a report to the County dated September 30, 2022 entitled Ro “Summary Report” wherein it recommended a phased mitigation approach to address numerous hazards along the roadway. (See Summary Report). WHEREAS, the Department of n initial community meeting on Summary Report schedule and impacts to the community during the 2 to 3-year construction were discussed. WHEREAS, remediation efforts have commenced to increase the safety of Waipi‘o Valley Road and are ongoing. as Phase 1) which commenced on or about June 1, 2023, and has plans to perform additional two (2) years (referenced currently as Phase 2 and Phase 3). A public meeting was held on May 1, 2023, to discuss road conditions, meetings are planned prior to performing further mitigation activities. WHEREAS, the current condition poses substantial endangerment to public health and safety, and warrants preemptive and protective action to provide for the health, safety, and welfare of the people using the road who will be negatively impacted if the road fails and residents are unable to enter and exit Waipi‘o Valley. WHEREAS, the current danger to pedestrians navigating Waipi‘o Valley Road presents an 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 Waipi‘o Valley Road until adequate remediation measures can be implemented. WHEREAS, 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 access to Waipio Valley via Waipio Valley Road. WHEREAS, on February 25, 2022, a Traffic Emergency Zone Declaration was established for the Waipi‘o Valley Road (“Traffic Declaration”) and the Mayor’s Waipi‘o Valley Road Emergency Rule No. 1 (“Emergency Rules”) were issued to regulate use of Waipi‘o 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, Twenty First Amended Traffic Emergency Zone Declaration and Twenty First Waipi‘o Valley Road Declaration of Emergency Page 3 of 4 clarified certain findings made in the Summary Report, and retained Haley & Aldrich to conduct further geotechnical studies to recommend remediation measures necessary to improve the dangers presented by the current condition of Waipi‘o 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) veststhe mayor with sole authority to judge the existence of the danger, threat, or circumstances giving rise to a declaration of a state of emergency. WHEREAS, effective September 19, 2022, a First Waipi‘o Valley Road Declaration of Emergency was established for the Waipi‘o Valley Road (“Declaration of Emergency”). WHEREAS, effective September 19, 2022, an Amended Traffic Zone Declaration was established for the Waipi‘o Valley Road (“Traffic Declaration”). WHEREAS, the Traffic Declaration and Declaration of Emergency have remained in effect pursuant to the Second Amended Traffic Emergency Zone Declaration and Second Waipi‘o Valley Road Declaration of Emergency were established for the Waipi‘o Valley Road (“Second Amended Declarations”), effective November 14, 2022; Third AmendedTraffic Emergency Zone Declaration and Third Waipi‘o Valley Road Declaration of Emergency, effective January 13, 2023; Fourth Amended Traffic Emergency Zone Declaration and Fourth Waipi‘o Valley Road Declarationof Emergency, effective March 14, 2023; Fifth Amended Traffic Emergency Zone Declaration and Fifth Waipi‘o Valley Road Declaration of Emergency, effective May 13, 2023; Sixth Amended Traffic Emergency Zone Declaration and Sixth Waipi‘o Valley Road Declaration of Emergency, effective July 12, 2023; Seventh Amended Traffic Emergency Zone Declaration and Seventh Waipi‘o Valley Road Declaration of Emergency, effective September 11, 2023; Eighth Amended Traffic Emergency Zone Declaration; Eighth Waipi‘o Valley Road Declaration of Emergency, effective November 10, 2023; Nineth Amended Traffic Emergency Zone Declaration and Nineth Waipi‘o Valley Road Declaration of Emergency, effective January 10, 2024; Tenth Amended Traffic Emergency Zone Declaration and Tenth Waipi‘o Valley Road Declaration of Emergency, effective March 10, 2024 and Eleventh Amended Traffic Emergency Zone Declaration and Eleventh Waipi‘o Valley Road Declaration of Emergency, effective May 10, 2024; Twelfth Amended Traffic Emergency Zone Declaration and Twelfth Waipi‘o Valley Road Declaration of Emergency, effective July 9, 2024; Thirteenth Amended Traffic Emergency Zone Declaration and Thirteenth Waipi‘o Valley Road Declaration of Emergency, effective September 8, 2024; Fourteenth Amended Traffic Emergency Zone Declaration and Fourteenth Waipi‘o Valley Road Declaration of Emergency, effective November 7, 2024; Fifteenth Amended Traffic Emergency Zone Declaration and Fifteenth Waipi‘o Valley Road Declaration of Emergency, effective January 6, 2025; Sixteenth Amended Traffic Emergency Zone Declaration and Sixteenth Waipi‘o Valley Road Declaration of Emergency, effective March 7, 2025; Seventeenth Amended Traffic Emergency Zone Declaration and Seventeenth Waipi‘o Valley Road Declaration of Emergency, effective May 7, 2025, Eighteenth Amended Traffic Emergency Zone Declaration and Eighteenth Waipi‘o Valley Road Declaration of Emergency, effective July 7, 2025; Nineteenth Amended Traffic Emergency