SUZANNE D.

CASE
CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE MANAGEMENT

DAVID Y. IGE
GOVERNOR OF HAWAII

KEKOA KALUHIWA
FIRST DEPUTY

W. ROY HARDY
ACTING DEPUTY DIRECTOR - WATER
AQUATIC RESOURCES
BOATING AND OCEAN RECREATION
BUREAU OF CONVEYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING
FORESTRY AND WILDLIFE
HISTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE COMMISSION
LAND

STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
STATE HISTORIC PRESERVATION DIVISION
601 KAMOKILA BOULEVARD, ROOM 555
KAPOLEI, HAWAII 96707

July 23, 2015

Tim Lui-Kwan
Carlsmith Ball LLP
ASB Tower Suite 2100
1001 Bishop Street
Honolulu HI 96813

Log No. 2015.02776

Doc. No. 1507MV21
Archaeology
History & Culture

Dear Mr. Lui-Kwan,

SUBJECT:

Hawaii Revised Statutes Chapter 6E-42 Historic Preservation Review

Proposed Plan of Action to Resolve Potential 6E Violations and Potential
Historic Preservation Compliance Issues at the Hokulia Development
Multiple Ahupuaa, North and South Kona District, Island of Hawaii
TMK: (3) 7-9 and 8-1

Thank you for responding to our letter dated November 20, 2014 (Log No. 2014.4591, Doc. No. 1410MV08) that
outlined potential violations of Hawaii Revised Statutes (HRS) Chapter 6E and identified areas where the Hokulia
project is outside of compliance with various Hawaii Administrative Rules (HAR) pertaining to historic
preservation. Our previous letter identified four specific areas where the Hokulia project had not fulfilled its historic
preservation commitments (July 23, 2013, Log No. 2013.3566, Doc. No. 1307MV01). These four areas of concern
are: (1) land clearing activities that were done in violation of the approved mitigation plan, (2) unresolved burial
issues, (3) lava tube resurveys, and (4) outstanding historic preservation compliance reports, plans and mitigation
commitments for individual sites. Subsequently, the lava tube resurvey (No. 3) issue was resolved with SHPD
acceptance of the lava tube resurvey report on October 7, 2014 (Log No. 2014.4416, Doc. No. 1410MV07).
In order to resolve the remaining three issues (Nos. 1, 2, and 4), SHPD proposed the following actions:
1. That an archaeological inventory survey (AIS) be undertaken in order to (a) identify any unrecorded
historic properties in the central portion of the project area that had not been identified as a large scale
agricultural site in the Hammatt et. al. (1997) AIS, and to (b) determine what impacts may have occurred as
a result of the non-compliant land clearing activities, and for the survey results to (c) be presented as an
addendum AIS for SHPD review and acceptance;
2. That documentation be provided indicating completion of the additional work at SIHP 10303 as specified
in the IAMP and, if the work had not already been completed, that the site be re-recorded in the addendum
AIS along with an assessment of possible site function;
3. That the archaeological monitoring plan be revised to address the issues raised in SHPDs review of the
draft amended archaeological monitoring plan (October 16, 2014; Log No. 2014.4492, Doc. No.
1410MV11).
4. That Hokulia provide the following burial site and burial treatment plan documentation:
a.
b.
c.

A comprehensive list of all burial sites in the development area,

Identify which burial sites are addressed in a burial treatment plan (BTP) and specify which
BTP their treatment is addressed,
Identify which burial sites are not included in a BTP,

Mr. Lui-Kwan
July 23, 2015
Page 2

d.

Prepare a time table that provides for timely submittal of outstanding burial treatment plans to
SHPD for review and acceptance;

5. That a timetable for the submittal to SHPD for review and acceptance of all outstanding reports, plans, and
sites with incomplete mitigation commitments; and
6. That Hokulia coordinate with the County of Hawaii regarding who is the responsible party/entity for
completing any outstanding reports pertaining to the Mamalahoa bypass, and provide SHPD with a written
letter document signed by both Hokulia and the County of Hawaii identifying the responsible party/entity
and providing a date for the completion of the archaeological monitoring and data recovery reports.
In order to address these issues, 1250 Oceanside LLC prepared a draft Action Plan for resolving the three
outstanding issues of concern (Nos. 1, 2, and 4) specified in SHPDs letter dated November 20, 2014 (Log No.
2014.4591, Doc. No. 1410MV08). The Action Plan indicates that the various entities of Hokulia have agreed to
uphold this Action Plan. SHPD received the draft Action Plan on June 26, 2015 (Log No. 2015.02534).
Subsequently, 1250 Oceanside LLC revised the Action Plan following consultation with SHPD, and SHPDs
consultation with active cultural descendants of the project area. SHPD received the finalized Action Plan on July
21, 2015 (Log No. 2015.02776).
The Action Plan (Log No. 2015.02776) and associated review material submitted to SHPD includes the following:
1.

A letter dated July 21, 2015, from Tim Lui-Kwan that provides background information on why the
compliance issues had not been addressed, summarizes the proposed Action Plan, and identifies the various
entities of Hokulia and their responsibilities in carrying out the proposed plan;

2.

(Attachment A) Schedule of Hokulia Outstanding Reports and Plans;

3.

(Attachment B) Schedule of Burial Compliance Issues;

4.

(Attachment C) Schedule/Plan for Sites with Incomplete Mitigation Commitments;

5.

(Attachment D) Archaeological Resources Map with TMK Parcels and Ownership;

6.

(Attachment E) Addendum Archaeological Inventory Survey Area;

7.

(Attachment F) Block Report Boundary Map with TMK (Priority Areas);

8.

Draft Excerpt Pertaining to Data Salvage from the Draft Amended Archaeological Monitoring Plan; and

9.

A letter dated July 22, 2015, from John Shaw indicating that The Club and HCA entities agree with, and
will adhere to, the Action Plan.

The Action Plan indicates Hokulias commitment to the following:

1.

Documentation of previously unrecorded historic properties within a portion of the Hokulia project area
(identified in Attachment E, above) will be included in an addendum AIS report (Haun, in progress) that:
a.

b.

c.

specifies that any burial sites identified in this addendum AIS or identified during data recovery of
sites identified as possible burials will be considered previously identified burials pursuant to
HAR 13-300-2,
specifies that any unanticipated findings of human skeletal remains from future unintentional
disturbance, erosion or other ground disturbing activity will be considered inadvertent discoveries
pursuant to HAR 13-300-2, and
that includes the SHPD-requested additional documentation work at SIHP 10303 (November 20,
2015; Log No. 2014.4591, Doc. No. 1410MV08).

Mr. Lui-Kwan
July 23, 2015
Page 3

2.

Revision of mitigation procedures for the data salvage sites to allow for hand testing prior to mechanical
excavation at appropriate sites (identified in No. 8, above) will be included in an amended AMP (Haun, in
progress) that:
a.
b.
c.

involves documentation of the re-evaluation of all data salvage sites to determine which should be
subjected to hand testing prior to mechanical excavation;
identifies which salvage sites will be subjected to hand testing and the proposed testing strategy at
each site; and
documents consultation with recognized descendants in the selection of the sites and hand testing
strategy, prior to SHPD acceptance of the plan.

The Action Plan also indicates the various Hokulia entities have agreed to their identified roles and responsibilities
in completing the Chapter 6E historic preservation review process, and to their specified deliverables and schedules
as summarized in Attachments A through C. In addition, Attachment A indicates that the County of Hawaii will be
responsible for completing the historic preservation commitments for the Mamalahoa Bypass.
SHPD has reviewed the Action Plan, including all deliverables and schedules, and has consulted with project area
descendants. The Action Plan (Log No. 2015.02776) adequately addresses the issues and concerns raised in our
letter dated November 20, 2014 (Log No. 2014.4591, Doc. No. 1410MV08). The plan provides a framework for
bringing the Hokulia project into compliance with the Chapter 6E historic review process. SHPD accepts the
Action Plan. This acceptance documents resolution of the issues identified in our letter (Doc. No. 1410MV08). It is
SHPDs determination that implementation of plan will administratively resolve the potential Chapter 6E-11
violations identified in our letter (Doc. No. 1410MV08). As such, SHPD does not plan to pursue with the Board of
Land and Natural Resources any additional enforcement action for these violations.
SHPD hereby provides notice to the County of Hawaii, that with acceptance of this Action Plan, issuance of
county permits may proceed for project activities within the Hokulia development. All projects (as defined by
Hawaii Revised Statutes (HRS) 6E-2) within the Hokulia project area are subject to relevant agency permits and are
also subject to historic preservation review pursuant HRS 6E-42. Failure to comply with the conditions of the Action
Plan or failure to meet the agreed-upon schedules established in Attachments A, B, and C (without an SHPD
approved extension) will be considered 6E-11(a) violations and will result in the SHPD directive to the relevant
permitting agency not to proceed with the project and will potentially result in enforcement action, including, but not
limited to, civil and administrative penalties established in HRS 6E-11.5 and 6E-11.6. Should extenuating
circumstances occur that affect Hokulias ability to meet any agreed-upon deadline, please contact SHPD
immediately regarding a possible extension.
Thank you very much for working with SHPD regarding the complex historic preservation issues and concerns
related to the Hokulia development. We look forward to the opportunity to continue working with Hokulia
throughout the implementation of the SHPD-accepted Action Plan. Please contact Mike Vitousek at (808) 652-1510
or at Michael.Vitousek@Hawaii.gov if you have any questions or concerns regarding this letter.
Aloha,

Alan S. Downer, PhD

Administrator, State Historic Preservation Division
Deputy State Historic Preservation Officer
cc:

Herbert Poepoe (Herbert.Poepoe@hawaii.gov)

Duane Kanuha (Duane.kanuha@co.hawaii.hi.us)
Warren Lee (Wlee@co.hawaii.hi.us)
Alan Haun (Ahaun@haunandassociates.com)
Kaleo Kualii (Kaleo@psca2006.com)

Duane Grimsman (Dgrimsman@suncap.com)

John Shaw (Jshaw@hokuliaclub.com)
Eric Bose (Ebose@suncap.com)
Byron Moku (Bmoku@hokulia.com)