HomeMy WebLinkAbout2024-10-23 Draft MOA Between DOT and SHPODeVera, Ashley
From: Tanaka, Kim
Sent: Friday, October 25, 2024 2:07 PM
To:Sullivan, Kevin
Cc: Surprenant, April; DeVera, Ashley
Subject: FW: Hakalau Stream Bridge Rehabilitation, Hawaii Island - DRAFT MOA
Attachments: Hakalau Stream Bridge_MOA_2024-10-24.pdf
Hi Kevin,
FYI. CRC reviewed the Hakalau Stream Bridge rehabilitation by HDOT in August of 2022. They are now
providing a draft MOA between DOT and SHPO for comments.
Ash, please file in the "projects" folder on the V-drive and with PL-INT-2022-002650.
Thanks!
Kim
From:Yuen, Holly<holly.yuen@hawaii.gov>
Sent: Friday, October 25, 2024 12:15 PM
To:Tanaka, Kim <Kim.Tanaka@hawaiicounty.gov>
Subject: FW: Hakalau Stream Bridge Rehabilitation, Hawaii Island - DRAFT MOA
From:Yuen, Holly
Sent: Friday, October 25, 2024 12:12 PM
To: kim.tanaka@hawaiicounty.giv
Subject: Hakalau Stream Bridge Rehabilitation, Hawaii Island - DRAFT MOA
Good Morning,
The Federal Highway Administration (FHWA) and the State of Hawaii Department of Transportation
HDOT) are in the process of drafting a 106 MOA for the Hakalau Stream Bridge Rehabilitation
project. The project will replace the existing deteriorated steel trestles with new concrete trestles in
approximately the same location. The concrete trestles will be supported on new drilled shaft
foundations. Additional work items include soil remediation and resurfacing of Old Mamalahoa Highway
and Old Mill Access Road.
You are invited to review the attached document and to provide input within 30 days. Please email me
any comments by Monday, November 25.
Thank you for your participation in the process.
1
1 MEMORANDUM OF AGREEMENT
2
3 Among the
4 U.S.DEPARTMENT OF TRANSPORTATION
5 FEDERAL HIGHWAY ADMINISTRATION, STATE OF HAWAII DEPARTMENT OF
6 TRANSPORTATION,
7 And the
8 HAWAII STATE HISTORIC PRESERVATION OFFICER
9
10 Regarding the
11 HAKALAU STREAM BRIDGE REHABILITATION PROJECT
12 Hilo, Hawaii
13 PURSUANT TO 36 CFR§ 800.6
14
15 WHEREAS,the Federal Highway Administration (FHWA) plans to provide funding for the
16 Hakalau Stream Bridge Rehabilitation Project (the Project) pursuant to the Federal-aid Highway
17 program as described in 23 U.S.C. 101 et. seq.; and
18 WHEREAS,the FHWA has determined that the Project is an undertaking, as defined in 36 CFR
19 § 800.16(y) and thus is subject to review under Section 106 of the National Historic Preservation
20 Act(NHPA), 54 U.S.C. § 306108, its implementing regulations, 36 CFR § 800; and
21 WHEREAS,the State of Hawaii Department of Transportation (HDOT), proposes to design and
22 construct the Project, which involves replacing the existing deteriorated steel trestles with new
23 concrete trestles in approximately the same location. The concrete trestles will be supported on
24 new drilled shaft foundations. Additional work items include soil remediation and resurfacing of
25 Old Mamalahoa Highway and Old Mill Access Road. The figures in Appendix A show the bridge
26 location,proposed bridge plans, and proposed soil remediation; and
27 WHEREAS, the FHWA has defined the Area of Potential Effect (APE) for the undertaking in
28 accordance to 36 CFR § 800.4.(a)(1). The APE as shown in Appendix B is an area of
29 approximately 14.45 acres along Hawaii Belt Road (Route 19) on the island of Hawaii and is
30 further defined to include staging and storage areas, access, and areas affected by the permanent
31 and temporary [platform] construction. The APE was concurred upon by the Department of Land
32 and Natural Resources, State Historic Preservation Officer(SHPO)by letter(Doc.No. 2311SH06)
33 dated November 21, 2023; and
34 WHEREAS,the FHWA has determined thatthe Hakalau Stream Bridge is individually nominated
35 for listing on the National Register of Historic Places (NRHP) and also nominated as a part of the
36 Multiple Property nomination for "Steel Trestle Bridges in the Hamakua Coast" under Criterion
37 A (associated with the Hilo Railroad Company), Criterion B (associated with the founders of the
38 Hilo Railroad Company: Benjamin Dillingham, Lorrin Thurston, and Mark Robinson) and
39 Criterion C (as rare remaining examples of steel girder and trestle railroad bridge construction);
40 and
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41 WHEREAS, the FHWA has determined that the undertaking may have an adverse effect on the
42 existing Hakalau Bridge; and
43 WHEREAS,the Hakalau Sugar Mill was established in 1890 on the shore of Hakalau Bay. It
44 was severely damaged by the 1946 tsunami but was rebuilt and resumed operation until 1974. In
45 1979 the mill structures were demolished leaving concrete slabs,partial walls, and remnants of
46 the mill's cart rail and flume. The parcel was donated to the County of Hawaii in 2006; and
47 WHEREAS,the remnants of the Hakalau Sugar Mill are located in the APE and is an
48 individually eligible historic site; and
49 WHEREAS,the FHWA has determined that the Hakalau Sugar Mill is individually eligible for
50 listing on the NRHP under Criteria A (for its association with the Hakalau Sugar Planation) and
51 Criteria D; and
52 WHEREAS, another historic resource within the APE for the Hakalau Bridge is the Old
53 Mamalahoa Highway. The Hawaii State Historic Bridge Inventory & Evaluation (2013)
54 proposed the Mamalahoa Highway Historic Bridge District comprised of forty-four bridges and
55 thirteen culverts along approximately sixty miles of the Old Mamalahoa Highway (Hawaii Belt
56 Road FAP 19) from Hilo to mile point 52 in Kamuela. And
57 WHEREAS, the FHWA has determined that the Old Mamaloahoa Highway is eligible for
58 listing on the NRHP under Criteria A (for its association with important late 19th
and early
20th
59 century events which established a regional transportation network) and Criteria D; and
60
61 WHEREAS, the FHWA has determined that the undertaking will have no adverse effect on the
62 Old Mamalahoa Highway and the remnants of the Hakalau Sugar Mill since the work on the bridge
63 and lead remediation efforts will not result in a loss of historic integrity of location, design,
64 workmanship, or materials. Integrity of setting, association, and feeling will only be somewhat
65 diminished by the loss of the historic bridge; and
66 WHEREAS,the FHWA has consulted with SHPO as documented in Appendix C, and the SHPO
67 concurred with the adverse effect determination by letter dated August 12, 2024 (Project No.
68 2022PR00590, Doc No. 2408SH05) as documented in Appendix D; and
69 WHEREAS, the HDOT, as the state recipient of Federal Funds, is responsible for ensuring that
70 Federal funds are expended in accordance with applicable Federal laws and regulations, as
71 described in Title 23 USC § 106(g), participated in consultation, is an invited signatory to this
72 MOA; and
73 WHEREAS, in accordance with 36 CFR § 800.6(a)(1), the FHWA has notified the Advisory
74 Council on Historic Preservation (ACHP) of its adverse effect determination and the ACHP has
75 chosen not to participate in the consultation pursuant to 36 CFR §800.6(a)(1)(iii) as documented
76 in Appendix E; and
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77 WHEREAS, the FHWA and HDOT have consulted with various Native Hawaiian Organizations
78 (NHOs) and other organizations further identified in Appendix F between August 9, 2022 and
79 March 18, 2024; and
80 NOW,THEREFORE,the FHWA,the HDOT, and the SHPO, agree that the undertaking shall be
81 implemented in accordance with the following stipulations in order to take into account the effect
82 of the undertaking on historic properties.
83
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84 STIPULATIONS
85 The FHWA shall ensure that the following measures are carried out:
86 I.MITIGATION MEASURES
87 A. Historic American Engineering Record(HAER) Documentation
88 1. HDOT shall prepare a HAER document for recordation of the Hakalau Bridge
89 as mitigation to address the adverse effect caused by the bridge replacement.
90 The HAER document shall be prepared in accordance with the Secretary of
91 Interior's (SOI) Standards and Guidelines for Archaeology and Historic
92 Preservation for Architectural and Engineering Documentation and by a
93 historic preservation professional meeting the SOI Professional Qualifications
94 Standards (36 CFR 61) for History, Architectural History, Architecture, or
95 Historic Architecture.
96 2. HAER documentation standard format will be determined through HDOT
97 consultation with the National Park Service (NPS). In the event that NPS does
98 not have an interest in receiving the HAER documents, the SHPO will
99 determine the level of standard HAER documentation format.
100 3. HDOT shall send the HAER documents to SHPO for a 30-day review. HDOT
101 shall address SHPO's comments, if any, before submitting to the Historian at
102 the Heritage Documentation Program of the National Park Service, Pacific
103 West Region (located 1111 Jackson Street, Suite 7000, Oakland California
104 94607) for inclusion in the HABS/HAER/HALS collection at the Library of
105 Congress. HDOT shall submit to the SHPO for review prior to the completion
106 of the bridge rehabilitation project.
107 4. Upon acceptance and approval by the NPS, HDOT shall provide digital copies
108 of the approved HAER document to the signatories and concurring parties
109 identified in this Agreement, as well as to members of the public upon request.
110 B. Video Documentary featuring Ethnographic Documentation
111 1. HDOT shall contract with a video production company to create a documentary
112 for the purpose of recording and interpreting the historical and cultural
113 significance of the Hilo Railroad Company bridges, the 1946 tsunami, and the
114 Hamakua coastline communities to mitigate the effect to the Hakalau Bridge
115 and Mamalahoa Highway.
116 2. The documentary should be prepared by a qualified production company in
117 consultation with the SHPO and other relevant interested parties, as may be
118 necessary. The documentary shall include interviews ofrecognized engineering
119 experts, historians, and kupuna with knowledge of the subject matter and area.
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120 3. The documentary shall be completed within 36 months of the execution of this
121 MOA.
122 4. The video documentary shall be publicly distributed for public use through the
123 University of Hawaii at Hilo and at least two(2) other local historical societies,
124 libraries, museums, and/or educational institutions.
125 5. HDOT shall coordinate for at least two(2)public showings of the documentary
126 at a public location(s)in East Hawaii.
127 C. Interpretive Signage
128 1. HDOT shall develop no more than eight (8) educational and interpretive
129 signage for the project area. Such signage could highlight the history of the
130 bridge, any Hawaiian cultural history, and inform the public of the ways in
131 which they can help protect the valued natural resources in the area.
132 2. The signage shall be informed by input and guidance by the community,which
133 shall occur through at least one (1)public meeting in East Hawaii.
134 3. Signs shall be 24"x 36", compatible with the natural character of the area, and
135 shall be completed within 36 months after execution of this MOA with
136 installation of the signage occurring within 90 days after the completion of
137 construction.
138 III. DURATION
139 This Agreement will expire if its terms are not carried out within five (5) years from the
140 date of its execution. Prior to such time,FHWA may consult with the other signatories and
141 consulting parties to reconsider the terms of the Agreement and amend it in accordance
142 with Stipulation VIII.
143 IV. POST-REVIEW DISCOVERIES AND UNEXPECTED EFFECTS
144 A. If previously unidentified archaeological or historic properties, or unanticipated
145 effects, are discovered, the HDOT shall follow Hawaii Administrative Rules (HAR)
146 Chapter 13-280 "Rules for Governing General Procedures for Inadvertent
147 Discoveries of Historic Properties During a Project Covered by the Historic
148 Preservation Review Process".
149 B. If cultural materials are discovered during construction, all earth-moving activity
150 within and around the immediate discovery area will be diverted until a qualified
151 archaeologist can assess the nature and significance of the find. Additionally, HDOT
152 shall consult with NHOs that may attach traditional cultural and religious significance
153 to the discovered property.
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154 C. HDOT will consult with SHPO and NHOs, as appropriate to record, document, and
155 evaluate NRHP eligibility of the property and the project's effect on the property, and
156 to design a plan for avoiding,minimizing,or mitigating adverse effects on the eligible
157 property.
158 D. If neither SHPO nor a NHO files an objection within 72 hours of HDOT's plan for
159 addressing the discovery, HDOT may carry out the requirements of36 CFR 800.13
160 on behalf of FHWA, and the ACHP does not need to be notified.
161 V. IDENTIFICATION AND TREATMENT OF HUMAN REMAINS
162 If human remains are inadvertently discovered, HDOT shall follow the procedures in
163 HAR Title 13, Subtitle 13, Chapter 300 (HAR § 13-300) in which further disturbances
164 and activities shall cease in any area or nearby area suspected to overlie remains. SHPO
165 and the Police Department will then be contacted immediately. In addition, the remains
166 shall be covered and protected in place in such a way that minimizes further exposure of
167 and damage. Procedures in conformance with HAR § 13-300 Subchapter 4 "Procedures
168 for Property Treatment of Burial Sites and Human Skeletal Remains" shall be followed.
169
170 VI. MONITORING AND REPORTING
171 On an annual basis, following the execution of this Agreement until it expires or is
172 terminated, HDOT shall provide all parties to this Agreement a summary report detailing
173 work undertaken pursuant to its terms. The report shall include any scheduling changes
174 proposed, any problems encountered, and any disputes and objections received in FHWA
175 or HDOT's efforts to carry out the terms of this Agreement. A review meeting may be
176 called by the FHWA or HDOT upon request of a signatory, invited signatory or concurring
177 party to this Agreement. A final report shall be prepared and transmitted to the parties
178 participating in this Agreement at the time of its expiration.
179
180 VII. DISPUTE RESOLUTION
181 Should any signatory, invited signatory, or concurring party to this Agreement object at
182 any time to any actions proposed or the manner in which the terms of this Agreement is
183 implemented, the objecting party shall notify FHWA in writing and FHWA shall consult
184 with such party to resolve the objection. If the FHWA determines that such objection
185 cannot be resolved, the FHWA will:
186 A. Forward all documentation relevant to the dispute, including the FHWA's proposed
187 resolution, to the ACHP. The ACHP shall provide the FHWA with its advice on the
188 resolution of the objection within thirty (30) days of receiving adequate
189 documentation. Prior to reaching a final decision on the dispute, the FHWA shall
190 prepare a written response that takes into account any timely advice or comments
191 regarding the dispute from the ACHP,signatories and concurring parties, and provide
192 them with a copy of this written response. The FHWA will then proceed according
193 to its final decision.
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194 B. If the ACHP does not provide its advice regarding the dispute within the thirty (30)
195 day period, FHWA may make a final decision on the dispute and proceed
196 accordingly. Prior to reaching its final decision, FHWA shall prepare a written
197 response that takes into account any timely comments regarding the dispute from the
198 signatories and concurring parties to the MOA, and provide them and the ACHP with
199 a copy of such written response.
200 C. The FHWA's responsibility to carry out all other actions subject to the terms of this
201 Agreement that are not the subject of the dispute remain unchanged.
202 VIII. AMENDMENT
203 This Agreement may be amended when such an amendment is agreed to in writing by all
204 signatories. Prior to executing the amendment, signatories shall consult with concurring
205 parties regarding the proposed amendment and afford concurring parties the opportunity to
206 review the changes. The amendment will be effective on the date a copy of the agreement,
207 signed by all signatories, is filed with the ACHP.
208 IX. TERMINATION
209 If any signatory to this Agreement determines that its terms will not or cannot be carried
210 out,that party shall immediately consult with the other signatories to attempt to develop an
211 amendment per Stipulation VIII, above. If within thirty (30) days (or another time period
212 agreed to by all signatories)an amendment cannot be reached,any signatory may terminate
213 the Agreement upon written notification to the other signatories.
214 Once the Agreement is terminated, and prior to work continuing on the undertaking, the
215 FHWA must either (a) execute an Agreement pursuant to 36 CFR § 800.6 or (b) request,
216 take into account, and respond to the comments of the ACHP under 36 CFR § 800.7. The
217 FHWA shall notify the signatories as to the course of action it will pursue.
218 XII. CONFIDENTIALITY
219 All parties to this Agreement acknowledge that information about historic properties,
220 potential historic properties, or properties considered historic for purposes of this
221 Agreement are, or may be, subject to the provisions of Section 304 of the NHPA. Section
222 304 allows the FHWA and SHPO to withhold from disclosure to the public, information
223 about the location, character, or ownership of a historic resource if FHWA or SHPO and
224 the Secretary of the Interior determine that disclosure may 1) cause a significant invasion
225 of privacy; 2) risk harm to the historic resource; or 3) impede the use of a traditional
226 religious site by practitioners. Having so acknowledged, all parties to this Agreement will
227 ensure that all actions and documentation prescribed by this Agreement are, where
228 necessary, consistent with the requirements of Section 304 of the NHPA.
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229 XIII. EXECUTION OF THIS AGREEMENT IN COUNTERPARTS
230 This Agreement may be executed in counterparts with a separate page for each Signatory,
231 Invited Signatory, and Concurring Party. FHWA shall ensure that each Signatory, Invited
232 Signatory, and Concurring Party is provided with an electronic copy of the fully executed
233 Agreement.
234 Execution of this MOA by FHWA, HDOT, SHPO, and ACHP and implementation of its
235 terms evidence that FHWA has taken into account the effects of this Undertaking on
236 historic properties and afforded the ACHP an opportunity to comment.
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237 SIGNATORY PAGE
238 AMONG THE U.S. DEPARTMENT OF TRANSPORTATION,FEDERAL HIGHWAY
239 ADMINISTRATION, THE HAWAII STATE HISTORIC PRESERVATION OFFICER,
240 AND
241 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
242
243 REGARDING THE
244 HAKALAU STREAM BRIDGE REHABILITATION PROJECT
245 Hilo,Hawaii
246
247 SIGNATORY:
248 U.S.DEPARTMENT OF TRANSPORTATION,FEDERAL HIGHWAY
249 ADMINISTRATION
250
251 By Date
252 Richelle Takara, Division Administrator
253 Federal Highway Administration
254
255
256
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257 SIGNATORY PAGE
258 AMONG THE U.S. DEPARTMENT OF TRANSPORTATION,FEDERAL HIGHWAY
259 ADMINISTRATION, THE HAWAII STATE HISTORIC PRESERVATION OFFICER,
260 AND
261 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
262
263 REGARDING THE
264 HAKALAU STREAM BRIDGE REHABILITATION PROJECT
265 Hilo,Hawaii
266
267 SIGNATORY:
268 DEPARTMENT OF LAND AND NATURAL RESOURCES
269
270 By Date
271 Dawn Chang, State Historic Preservation Officer
272 DLNR Chair
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273 SIGNATORY PAGE
274 AMONG THE U.S. DEPARTMENT OF TRANSPORTATION,FEDERAL HIGHWAY
275 ADMINISTRATION, THE HAWAII STATE HISTORIC PRESERVATION OFFICER,
276 AND
277 THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
278
279 REGARDING THE
280 HAKALAU STREAM BRIDGE REHABILITATION PROJECT
281 Hilo,Hawaii
282
283 INVITED SIGNATORY:
284 HAWAII DEPARTMENT OF TRANSPORTATION
285 By Date
286 Edwin H. Sniffen, Director
287
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288 APPENDIX B: AREA OF POTENTIAL EFFECT (APE)
Hakalau Stream TMK 3-2-9-002-025, 3-2- Milepost 15.3, Mamalahoa Highway,
Bridge 9-002-080, 3-3-1-001-001, Hakalau, HI 96710
SIHP 50-10-16- 3-3-1-001-002, APE extends to both ends of the bridge,inland
09090 3-3-1-001-003, 3-3-1-001- of the bridge,and past the mouth of the stream
004, 3-3-1-001-999 on the Hilo side of the stream. The APE is
approximately 15 acres while the active
construction area is approximately 7 acres.
289
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