ENVIRONMENTAL ASSESSMENT
for the
Pahala Large Capacity Cesspool (LCC)
Replacement Project
EPA Grant XP-96942401
VOLUME 1
Pahala, District of Ka'u, County of Hawai'i, Hawai'i
TMK: 9-6-002:018
U.S. Environmental Protection Agency
Region 9
75 Hawthorne Street
San Francisco, California 94105
County of Hawai'i
25 Aupuni Street
Hilo, HI 96720
FINAL
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TITLE PAGE
Prepared for:
U.S. Environmental Protection Agency and the County of Hawai'i
Prepared By:
Brown & Caldwell - contractor to the County of Hawai'i
Wilson Okamoto Corporation - subcontractor to Brown & Caldwell
Eastern Research Group, Inc. - contractor to the U.S. Environmental Protection Agency
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LIST OF PREPARERS
Eastern Research Group, Inc.:
Braden Rosenberg
Patrick Goodwin
Blake Fox
J.J. Johnson
April Eilers
Kettie Rupnik
Wilson Okamoto Corporation:
Earl Matsukawa
John Sakaguchi
Brown & Caldwell:
Craig Lekven
Michelle Sorensen
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PREFACE
The National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. §§ 4321 -4347),
requires a federal agency proposing to undertake a project to consider the potential environmental
impacts of the proposed project. Use of federal funds for a project is among the criteria set forth
in NEPA that require preparation of environmental review documentation under NEPA and
procedural requirements at 40 CFR Parts 1500-1508 (Council on Environmental Quality (CEQ)
regulations), and 40 CFR Part 6 (U.S. Environmental Protection Agency (EPA) regulations). The
Pahala Large Capacity Cesspool (LCC) Replacement Project will be constructed with funds
provided by EPA. EPA Region 9 has determined that NEPA requirements for the proposed project
can be fulfilled by preparing an Environmental Assessment (EA) with a Finding of No Significant
Impact (FONSI).
Comparably, Hawai'i Revised Statues (HRS) 343, as amended, and implementing rules under
Hawai'i Administrative Rules (HAR) 11-200 (Environmental Impact Statement Rules) require state
and local governmental agencies undertaking projects utilizing state or county lands or funds to
consider the potential environmental impacts of a proposed project by preparing environmental
review documentation. The Pahala LCC Replacement Project will be constructed by the County
of Hawai'i Department of Environmental Management (DEM) using County funds. Based on HAR
§ 11-200-9(a)(4), construction and use of the proposed project does not warrant the preparation
of an environmental impact statement. Further, based on the findings and the assessment of
potential impacts of the proposed project as set forth in HAR § 11-200-12 and documented in
Section 8.1.1 of this Final EA, a FONSI is determined by DEM (see Section 8.1.2).
Federal NEPA regulations at 40 CFR § 1506.2 direct federal agencies to cooperate with state and
local agencies to the fullest extent possible to reduce duplication between NEPA and state and
local requirements. See also 40 CFR §§ 6.200 and 6.201. Hawai'i law and regulations similarly
direct agencies subject to HRS 343 to cooperate with federal agencies to the fullest extent
possible (HRS § 343-5(h), HAR § 11-200-25(2)). This EA has been prepared to jointly meet the
content and procedural requirements of both NEPA and federal cross-cutting authorities, and
HRS 343, as amended.
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TABLE OF CONTENTS
ACRONYMS vii
1 SUMMARY 1-1
2 PROPOSED PROJECT DESCRIPTION 2-1
2.1 Background 2-1
2.1.1 Pahala Community 2-1
2.1.2 Project Funding 2-1
2.1.3 Large Capacity Cesspools 2-3
2.1.4 History of Wastewater Management in Pahala 2-4
2.2 Purpose and Need for Action 2-4
2.3 Proposed Action - Site 7 Alternative (Preferred Alternative) 2-5
2.3.1 Acquire Site 7 and Construct New Secondary Wastewater Treatment
and Disposal Facility 2-5
2.3.2 Construct New Wastewater Collection System 2-15
2.3.3 Close and Abandon Two Existing Large Capacity Cesspools 2-18
2.3.4 Close and Abandon Existing Wastewater Collection System 2-19
2.4 Proposed Action - Site 8 Alternative 2-19
2.5 Proposed Action - Site 9 Alternative 2-21
2.6 No-Action Alternative 2-23
2.7 Development of Site Alternatives and Selection of Preferred Alternative 2-23
2.8 Alternatives Considered but Not Carried Forward 2-25
2.8.1 Other Site Alternatives 2-25
2.8.2 Other Wastewater Treatment Alternatives 2-26
2.8.3 Other Effluent Management Options 2-29
2.9 Relationship to 2007 Final Environmental Assessment 2-29
2.10 Other Considerations 2-30
2.10.1 Zoning Considerations 2-30
2.10.2 Land Transfer 2-31
2.10.3 Hawai'i Revised Statutes (HRS) Chapter 205 Considerations 2-31
2.11 Project Schedule and Implementation 2-32
3 DESCRIPTION OF EXISTING CONDITIONS, IMPACTS AND MITIGATION
MEASURES 3-1
3.1 Climate 3-1
3.1.1 Existing Conditions 3-1
3.1.2 Impacts and Mitigation Measures 3-1
3.2 Topography 3-2
3.2.1 Existing Conditions 3-2
3.2.2 Impacts and Mitigation Measures 3-3
3.3 Geology 3-4
3.3.1 Existing Conditions 3-4
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3.3.2 Impacts and Mitigation Measures 3-4
3.4 Seismic Hazard 3-5
3.4.1 Existing Conditions 3-5
3.4.2 Impacts and Mitigation Measures 3-5
3.5 Volcanic Hazard 3-6
3.5.1 Existing Conditions 3-6
3.5.2 Impacts and Mitigation Measures 3-6
3.6 Soils 3-6
3.6.1 Existing Conditions 3-6
3.6.2 Impacts and Mitigation Measures 3-7
3.7 Surface Water 3-9
3.7.1 Existing Conditions 3-9
3.7.2 Impacts and Mitigation Measures - Construction Activities 3-9
3.7.3 Impacts and Mitigation Measures - Operation of Wastewater System 3-11
3.8 Groundwater 3-12
3.8.1 Existing Conditions 3-12
3.8.2 Impacts and Mitigation Measures 3-12
3.9 Flood Risk 3-13
3.9.1 Existing Conditions 3-13
3.9.2 Impacts and Mitigation Measures 3-14
3.10 Agricultural Lands 3-14
3.10.1 Existing Conditions 3-14
3.10.2 Impacts and Mitigation Measures 3-18
3.11 Solid and Hazardous Waste 3-18
3.11.1 Existing Conditions 3-18
3.11.2 Impacts and Mitigation Measures 3-19
3.12 Flora 3-20
3.12.1 Existing Conditions 3-20
3.12.2 Impacts and Mitigation Measures 3-20
3.13 Fauna 3-21
3.13.1 Existing Conditions 3-21
3.13.2 Impacts and Mitigation Measures 3-22
3.14 Air Quality 3-23
3.14.1 Existing Conditions 3-23
3.14.2 Impacts and Mitigation Measures 3-24
3.15 Archaeological and Cultural Resources 3-25
3.15.1 Existing Conditions 3-25
3.15.2 Impacts and Mitigation Measures 3-28
3.16 Socioeconomic Characteristics 3-29
3.16.1 Existing Conditions 3-29
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3.16.2 Impacts and Mitigation Measures 3-30
3.17 Traffic 3-33
3.17.1 Existing Conditions 3-33
3.17.2 Impacts and Mitigation Measures 3-33
3.18 Noise 3-34
3.18.1 Existing Conditions 3-34
3.18.2 Impacts and Mitigation Measures 3-35
3.19 Visual Considerations and Light Pollution 3-36
3.19.1 Existing Conditions 3-36
3.19.2 Impacts and Mitigation Measures 3-37
3.20 Public Services - Police Protection 3-38
3.20.1 Existing Conditions 3-38
3.20.2 Impacts and Mitigation Measures 3-38
3.21 Public Services - Fire Protection 3-38
3.21.1 Existing Conditions 3-38
3.21.2 Impacts and Mitigation Measures 3-38
3.22 Infrastructure - Water System 3-39
3.22.1 Existing Conditions 3-39
3.22.2 Impacts and Mitigation Measures 3-39
3.23 Infrastructure - Drainage System 3-40
3.23.1 Existing Conditions 3-40
3.23.2 Impacts and Mitigation Measures 3-41
3.24 Infrastructure - Electrical and Communications Systems 3-43
3.24.1 Existing Conditions 3-43
3.24.2 Impacts and Mitigation Measures 3-43
4 CUMULATIVE EFFECTS 4-1
4.1 Scope of Analysis 4-1
4.1.1 Geographic Scope of Analysis 4-1
4.1.2 Past, Present, and Reasonably Foreseeable Actions within
Geographic Scope of Analysis 4-2
4.2 Cumulative Improvements and Impacts Analysis 4-2
5 FEDERAL CROSS CUTTER REQUIREMENTS 5-1
5.1 Archaeological and Historic Preservation Act (54 U.S.C. § 312502) 5-1
5.2 Bald and Golden Eagle Protection Act (16 U.S.C. § 668-668c) 5-2
5.3 Clean Air Act (42 U.S.C. § 7401 et seq.) 5-2
5.4 Coastal Barrier Resources Act (16 U.S.C. § 3501) 5-3
5.5 Coastal Zone Management Act (16 U.S.C. § 1451) 5-3
5.6 Endangered Species Act (16 U.S.C. § 1531) 5-7
5.7 Environmental Justice Executive Order 12898 5-9
5.8 Farmland Protection Policy Act (7 U.S.C. § 4201) 5-9
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5.9 Fish and Wildlife Coordination Act (16 U.S.C § 661) 5-10
5.10 Floodplain Management (Executive Order 11988, as amended by
Executive Orders 12148 and 13690) 5-11
5.11 Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
§ 1801) 5-11
5.12 Marine Mammal Protection Act (16 U.S.C. §§ 1361 etseq.) 5-11
5.13 Migratory Bird Treaty Act (16 U.S.C. §§ 703 etseq.) 5-12
5.14 National Historic Preservation Act (54 U.S.C. § 300101) 5-12
5.15 Protection of Wetlands (Executive Order 11990 (1977), as amended by
Executive Order 12608 (1997)) 5-13
5.16 Rivers and Harbors Act (33 U.S.C. § 403) 5-14
5.17 Safe Drinking Water Act (42 U.S.C. § 300f) 5-14
5.18 Wld and Scenic Rivers Act (16 U.S.C. §§ 1271-1287) 5-14
5.19 Clean Water Act (33 U.S.C. § 1251 etseq.) 5-15
6 PLANS, POLICIES AND CONTROLS 6-1
6.1 State Land Use Plans and Policies 6-1
6.1.1 Hawai'i State Plan 6-1
6.1.2 State Functional Plans 6-5
6.1.3 State Land Use District 6-6
6.1.4 Chapter 344, State Environmental Policy 6-7
6.1.5 Hawai'i Coastal Zone Management Program 6-7
6.2 Hawai'i County Land Use Plans and Policies 6-12
6.2.1 Hawai'i County General Plan 6-12
6.2.2 Ka'u Community Development Plan 6-16
6.2.3 County of Hawai'i Zoning 6-21
6.2.4 County of Hawai'i Special Management Area 6-21
7 PUBLIC PARTICIPATION 7-1
7.1 Community Outreach Program 7-1
7.2 Outreach Since the Publication of the Draft EA 7-4
7.3 Response to Comments and Revisions to the Draft EA 7-6
8 FINDINGS AND DETERMINATION 8-1
8.1 Chapter 343, Hawai'i Revised Statutes (HRS) - Department of
Environmental Management (DEM) Finding of No Significant Impact
(FONSI) 8-1
8.1.1 Significance Criteria 8-1
8.1.2 Determination 8-4
8.2 National Environmental Policy Act - EPA Finding of No Significant Impact
(FONSI) 8-4
9 LIST OF PERMITS AND APPROVALS 9-1
10 CONSULTED PARTIES 10-1
10.1 Pre-Assessment Consultation 10-1
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10.2 Agencies and Organizations Consulted on the Draft EA
11 REFERENCES
10-3
11-1
APPENDIX A.
APPENDIX B.
APPENDIX C.
APPENDIX C-1
APPENDIX D.
APPENDIX D-1
APPENDIX E.
Responses to Pre-Assessment Consultation Letters
November 2019 Preliminary Engineering Report (PER)
August 2018 Biological Survey Report
Endangered Species Act Section 7 Consultation
Draft Archeological Inventory Survey (AIS) Report
National Historic Preservation Act Section 106 Consultation
EPA and County of Hawai'i Responses to Comments on the Draft EA
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LIST OF FIGURES
Figure 2.1. Location of Pahala Community on the Island of Hawai'i 2-2
Figure 2.2. Elements of the Proposed Action 2-6
Figure 2.3. Preliminary Site Plan for New Wastewater Treatment and Disposal Facility at
Site 7 (Preferred Alternative) 2-7
Figure 2.4. Preliminary Process Schematic for New Wastewater Treatment and Disposal
Facility at Site 7 (Preferred Alternative) 2-9
Figure 2.5. Example of Shade Ball Floating Cover in a Lagoon 2-10
Figure 2.6. Preliminary Collection System Plan with New Wastewater Treatment and
Disposal Facility at Site 7 (Preferred Alternative) 2-16
Figure 2.7. Site 8 Alternative - Preliminary Site Plan for New Wastewater Treatment and
Disposal Facility 2-20
Figure 2.8. Site 9 Alternative - Preliminary Site Plan for New Wastewater Treatment and
Disposal Facility 2-22
Figure 2.9. Locations of Nine Candidate Sites Considered for New Wastewater
Treatment and Disposal Facility 2-24
Figure 3.1. Pahala Area Soils Map 3-8
Figure 3.2. Pahala Area Land Study Bureau (LSB) Ratings Map 3-16
Figure 3.3. Pahala Area Agricultural Lands of Importance to the State of Hawai'i (ALISH)
Classification Map 3-17
Figure 3.4. Stormwater Culverts Near Site 7 3-41
Figure 6.1. Community Development Plan Land Use Policy Map 6-17
LIST OF TABLES
Table 3.1 Demographic, Economic, and Social Characteristics of Pahala and Hawai'i
County 3-31
Table 3.2 Permissible Sound Levels by Zoning District 3-35
Table 6.1 Hawai'i State Plan Objectives and Policies 6-1
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ACRONYMS
AAQS
Ambient air quality standards
AC
Asphaltic concrete
ACS
American Community Survey
AH PA
Archaeological and Historic Preservation Act
AIS
Archaeological Inventory Survey
ALISH
Agricultural Lands of Importance to the State of Hawai'i
AOC
Administrative Order on Consent
ASTM
American Society for Testing and Materials
BMP
Best management practice
BODs
Five-day biochemical oxygen demand
CAA
Clean Air Act
CBRA
Coastal Barrier Resources Act
CBRS
Coastal Barrier Resources System
CDP
Community Development Plan
CEQ
Council on Environmental Quality
CFR
Code of Federal Regulations
CREAT
Climate Resilience Evaluation and Awareness Tool
CWRM
Commission on Water Resource Management
CWSRF
Clean Water State Revolving Fund
CZM
Coastal Zone Management
CZMA
Coastal Zone Management Act
dBA
A-weighted decibel scale
DBEDT
(State of Hawai'i) Department of Business, Economic Development and
Tourism
DEM
(County of Hawai'i) Department of Environmental Management
DLNR
(State of Hawai'i) Department of Land and Natural Resources
DOE
(State of Hawai'i) Department of Education
DOH
(State of Hawai'i) Department of Health
DOT
(State of Hawai'i) Department of Transportation
DWS
(County of Hawai'i) Department of Water Supply
EA
Environmental Assessment
EFH
Essential Fish Habitat
EMS
Emergency medical services
EO
Executive Order
EPA
(United States) Environmental Protection Agency
ESA
Environmental Site Assessment
FEMA
Federal Emergency Management Agency
FIRM
Flood Insurance Rate Map
FONSI
Finding of No Significant Impact
FPPA
Farmland Protection Policy Act
FWS
(United States) Fish and Wildlife Service
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GAC Granular activated carbon
HAR Hawai'i Administrative Rules
HCC Hawai'i County Code
HDPE High-density polyethylene
HELCO Hawai'i Electric and Light Company
HRS Hawai'i Revised Statues
HUD (United States) Department of Housing and Urban Development
IBC International Building Code
LCC Large capacity cesspool
LF Linear feet
LSB (University of Hawai'i) Land Study Bureau
LUC (State of Hawai'i) Land Use Commission
MBTA Migratory Bird Treaty Act
MM PA Marine Mammal Protection Act
msl Mean sea level
NAAQS National ambient air quality standards
NEPA National Environmental Policy Act
NFPA National Fire Prevention Association
NHO Native Hawaiian Organization
NHPA National Historic Preservation Act
NMFS National Marine Fisheries Service
NOAA National Oceanic and Atmospheric Administration
NPDES National Pollutant Discharge Elimination System
NRCS Natural Resources Conservation Service
NWI National Wetland Inventory
OEQC (State of Hawai'i) Office of Environmental Quality Control
OSHA Occupational Safety and Health Administration
PER Preliminary Engineering Report
PM2.5 Particulate matter with a diameter of 2.5 micrometers or less
PM10 Particulate matter with a diameter of 10 micrometers or less
PVC Polyvinyl chloride
REC Recognized environmental concern
ROW Right-of-way
SAAP Special Appropriations Act Project
SDWA Safe Drinking Water Act
SF Square feet
SHPD (Hawai'i) State Historic Preservation Division
SIHP (Hawai'i) State Inventory of Historic Places
SIP State Implementation Plan
SMA Special Management Area
SO2 Sulfur dioxide
SWPPP Stormwater Pollution Prevention Plan
TMK Tax Map Key
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TSS
Total suspended solids
TTEE
T rustees
UIC
Underground Injection Control
U.S.C.
United States Code
USDA
United States Department of Agriculture
USDA-RD
United States Department of Agriculture - Rural Development Program
USGS
United States Geological Survey
UV
Ultraviolet light
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1 SUMMARY
Proposing County
Agency:
County of Hawai'i
Department of Environmental Management
345 Kekuanao'a Street, Suite 41
Hilo, HI 96720
Proposing Federal
Agency:
EA Preparers:
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street
San Francisco, CA 94105
Wilson Okamoto Corporation
1907 South Beretania Street, Suite 400
Honolulu, HI 96826
Contact: Earl Matsukawa, AICP, Project Manager
Tel: 808.946.2277; Fax: 808.946.2253
Eastern Research Group, Inc.
14555 Avion Parkway, Suite 200
Chantilly, VA 20151
Contact: Patrick Goodwin, Project Manager
Tel: 703.615.4371
Project Location:
Recorded Fee Owner:
Tax Map Key:
Area:
State Land Use
Classification:
County Zoning:
Proposed Action:
Pahala, Hawai'i
B. P. Bishop Estate, TTEES (Kamehameha Schools) (wastewater
treatment and disposal facility site)
9-6-002:018 (wastewater treatment and disposal facility)
9-6-005:036 and 9-6-005:044 (easements for wastewater
collection system)
9-6-002:016 (LCC 1)
9-6-016:041 (LCC 2 and associated temporary easement)
Various (laterals to wastewater collection system)
14.9 acres (wastewater treatment and disposal facility)
42.5 acres (parcel for wastewater treatment and disposal facility)
Urban
Agricultural
Single and Multi-Family Residential; Village Commercial;
Industrial; and A-20a
The proposed wastewater collection system would be located
within five streets in the western portion of the community (Maile,
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'llima, Huapala, HTnano, and Hala Streets) and three streets in the
eastern portion of the community (Puahala, PTkake, and Kamani
Streets).
The proposed wastewater treatment and disposal facility would
occupy 14.9 acres and would consist of a headworks and an odor
control unit, an operations building, four lined aerated lagoons, a
subsurface flow constructed wetland to remove nitrogen and an
adjacent disinfection system to remove pathogens and four slow-
rate land treatment basins for disposal of the treated effluent.
Impacts: No significant impacts are anticipated from construction and use
of the collection system and the wastewater treatment and
disposal facility.
Agencies Consulted in
Pre-Draft Assessment: Federal
U.S. Army Corps of Engineers
U.S. Fish and Wildlife Service
U.S. Department of Agriculture Natural Resources Conservation
Service
National Oceanic and Atmospheric Administration
National Park Service Hawai'i Volcanoes National Park
State of Hawai'i
Department of Agriculture
Department of Accounting and General Services
Department of Business, Economic Development and Tourism
(DBEDT)
DBEDT, Hawai'i State Energy Office
DBEDT, Land Use Commission
DBEDT, Office of Planning
Hawai'i Emergency Management Agency
Department of Health (DOH)
DOH, Office of Environmental Quality Control
DOH, Office of Director
DOH, Environmental Management Division
DOH, Environmental Planning Office
DOH, Clean Water Branch
DOH, Safe Drinking Water Branch
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DOH, Wastewater Branch
Department of Land and Natural Resources (DLNR)
DLNR, Engineering Division
DLNR, Division of Forestry and Wildlife
DLNR, State Historic Preservation Division
DLNR, Commission on Water Resources Management
Department of Transportation
Department of Hawaiian Home Lands
Office of Hawaiian Affairs
University of Hawai'i, Environmental Center
Hawai'i State Library
Hilo Regional Library
County of Hawai'i
Hawai'i Fire Department
Department of Parks and Recreation
Planning Department
Police Department
Department of Public Works
Department of Water Supply
Elected Officials
Congresswoman Tulsi Gabbard
State Senator Russell Ruderman
State Representative Richard H.K. Onishi
Councilmember Maile David
Native Hawaiian Organizations
Hawai'i Island Burial Council
Association of Hawaiian Civic Clubs
Charles Pelenui Mahi 'Ohana
Friends of 'lolani Palace
Hawaiian Civic Club of Hilo
Kamehameha Schools
Kanu o ka'Aina Learning 'Ohana
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Ko'olau Foundation
Maku'u Farmers Association
Na Koa Ikaika Ka Lahui Hawai'i
Office of Hawaiian Affairs
Pacific Agricultural Land Management Systems
Partners in Development Foundation
Pi'ihonua Hawaiian Homestead Community Association
Other
Hawai'i Gas
Hawaiian Electric Light Company
Hawaiian Telcom
Spectrum Hawai'i
Mr. Stason Nishimura
Mr. Lance Uno
Ms. Julia Neal
The comments and responses are shown in Appendix A.
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2 PROPOSED PROJECT DESCRIPTION
2.1 Background
2.1.1 Pahala Community
The community of Pahala is located about 52 miles southwest of Hilo, in the Ka'u District, Island
of Hawai'i. Pahala is located west (mauka) of Mamalahoa Highway (State Route 11) about 3.8
miles from the shoreline. Most of the community lies between 980 feet above mean sea level
(msl) on the western end and approximately 800 feet above msl on the eastern end. Figure 2.1
shows the location of Pahala.
Even though Ka'u was one of the originally settled areas in the Hawaiian Islands, it remains a
vast remote area. Only a fraction of a percent of the Ka'u District has been developed with
residential properties, and the remainder is largely used for agricultural purposes or is
undeveloped. The District of Ka'u is situated at the southern tip of the island and extends across
the southern and southeastern flanks of Mauna Loa. The Ka'u District covers about 922 square
miles (approximately 590,000 acres), with over 80 miles of virtually undeveloped coastline. Nearly
two-thirds of its total land area is in the Conservation district. The Ka'u district consists of several
communities, including the Pahala community, which has a population of approximately 1,341
persons. The distance to the communities of Hilo and Kailua-Kona means that the Ka'u District is
relatively isolated from the major infrastructure systems found in these communities, including
wastewater treatment and disposal facilities.
Founded in 1826, C. Brewer and Company, Ltd. (C. Brewer) was both the oldest company in
Hawai'i and a major developer of the sugar industry in Pahala. The Ka'u Sugar Company
operations were closed in 1996, meaning that the sugar industry was no longer the major
agricultural activity of the Ka'u region. However, agriculture is still the major source of economic
activity in the region. Today, macadamia nuts and coffee are the major crops grown within the
Ka'u District; however, growing competition from foreign producers is beginning to affect the
macadamia nut industry.
2.1.2 Project Funding
Planning level cost comparisons for the Pahala Large Capacity Cesspool (LCC) Replacement
Project are summarized in the November 2019 Pahala Wastewater Treatment Plant Preliminary
Engineering Report (PER), which is included as Appendix B. The capital cost of an aerated
lagoon/constructed wetland/land application treatment and disposal facility is estimated at $16
million (plus $2 million for concrete lagoon lining if required) and has an estimated annual
operations and maintenance cost of $227,000. The capital cost of closure of two community LCCs
and a new collection system is estimated at $14 million. These numbers represent conceptual
planning level cost estimates and do not include administrative, planning, design, land acquisition,
or past project costs. Of the treatment alternatives that were deemed feasible and compared in
the PER, the proposed wastewater treatment and disposal facility design has the lowest estimated
capital cost and estimated annual operations and maintenance cost.
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Figure 2.1. Location of Pahala Community on the Island of Hawai'i
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(a) EPA Special Appropriations Act Project Grant
In 2006, a U.S. Environmental Protection Agency (EPA) Special Appropriations Act Project
(SAAP) grant was awarded to the County of Hawai'i for the Ka'u LCC Replacement Project (XP-
96942401). The grant's federal funding amount is $1,842 million which currently expires in
October 2020. The purpose of the award is for the design and construction of wastewater system
improvements to replace LCCs in the Ka'u District. The initial SAAP grant was awarded for the
design and construction of wastewater system improvements to replace other LCCs in the Ka'u
District in addition to those located in Pahala. As stated in Section 2.1.4 (History of Wastewater
Management in Pahala), LCCs in the community of Na'alehu were originally included in earlier
funding considerations.
However, since the projects were separated as described in Section 2.9 (Relationship to 2007
Final Environmental Assessment), the grant workplan for the EPA SAAP grant has been revised
to only include funding for the Pahala LCC Replacement Project. This decision was made based
on two points: 1) the federal grant funds would only cover a portion of one of the projects and 2)
it was expected that the Pahala LCC Replacement Project could be completed faster than the
Na'alehu Project, and there was therefore a lesser likelihood that funds associated with the grant
would be de-obligated before they could be spent. Consequently, the grant award and current
work plan provide funding to replace only the two LCCs serving the Pahala community.
(b) State Revolving Fund
This project may also be funded by the State of Hawai'i Department of Health (DOH) Clean Water
State Revolving Fund (CWSRF) Program. Under the CWSRF program, the project consists of
two parts: Pahala Large Capacity Cesspool Conversion and Pahala Wastewater Collection
System. The CWSRF Program was created by the federal Water Quality Act of 1987 and
authorizes low interest loans for the construction of publicly owned wastewater treatment works.
In 1988, the Hawai'i State Legislature passed Act 365, now Chapter 342D of the Hawai'i Revised
Statues (HRS), to establish the State Water Pollution Control Revolving Fund to receive the
federal capitalization grant. HRS 342D, Part V (Water Pollution Control Financing), and, more
specifically, HRS § 342D-81 set forth that the State's policy is to promote water pollution
prevention and control, including the use of recycled water, by financing eligible projects
consistent with applicable federal and state laws. The State Revolving Fund receives annual
funding from EPA, which the State of Hawai'i DOH is then responsible for allocating among
eligible projects.
2.1.3 Large Capacity Cesspools
In 1999, EPA promulgated regulations under the Safe Drinking Water Act's (SDWA) Underground
Injection Control (UIC) Program which prohibited the construction of new LCCs as of April 2000
and required the closure of all existing LCCs by April 5, 2005 (40 CFR § 144.88). Under federal
regulations, an LCC is a cesspool which serves multiple dwellings, or for non-residential facilities
has the capacity to serve 20 or more persons per day. Cesspools can release disease-causing
pathogens and other pollutants (e.g., nitrates) into groundwater aquifers, streams, and eventually
the ocean, thus leading to public health and environmental concerns.
In 2017, a state law, Act 125, was enacted requiring all cesspools not exempted by the DOH to
be upgraded or converted to septic systems, or aerobic treatment unit systems, or connected to
sewage systems by January 1, 2050. This legislation will affect all parcels in Pahala currently
using cesspools. Unlike LCCs, which serve multiple dwellings and/or have the capacity to serve
20 persons or more per day, small capacity cesspools typically serve individual homes and are
not regulated under federal law.
February 2020
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
In June 2017, EPA and the County entered into an Administrative Order on Consent (AOC) to
close the LCCs serving the Pahala community by June 2021. In September 2019, EPA accepted
the County's request to extend the Pahala LCC closure date from June 2021 to April 2023.
2.1.4 History of Wastewater Management in Pahala
Part of the Pahala community is currently served by a sewer system comprised of substandard
gravity lines that convey sewage from approximately 109 parcels to two LCCs, which were
previously owned and operated by C. Brewer. The existing sewer system was constructed in the
backyards of the residential parcels and some within the streets. In 1996, C. Brewer shut down
its sugar growing and processing facility in Pahala. In 2003, C. Brewer requested assistance from
the County to close their LCCs as required by EPA.
Around 2006, C. Brewer requested that the County construct and maintain a new and improved
community sewer system. A County Council Resolution approved the C. Brewer request. In
anticipation of C. Brewer's dissolution, C. Brewer proposed, and the County agreed, to enter into
a formal agreement to not only construct and maintain a new and improved community sewer
system but to assume ownership of the existing system including the LCCs by April 30, 2010. As
part of this agreement, for the majority of Pahala and Na'alehu properties connected to the LCCs,
C. Brewer committed to complete the line (called a lateral) between the residences and the
property line at the edge of the public right-of-way adjacent to the new collection system.1 It was
agreed, if the County did not complete its portion of the work by April 30, 2010, the County would
assume pending and unfinished obligations to connect the new laterals installed by C. Brewer to
the residences and new collection system when complete. Thus, because that date has passed
and the County has not completed installation of the new collection system, this project includes
connecting these C. Brewer laterals, which may now need to be replaced, or installing private
laterals for currently connected properties if authorized by the property owner and approved by
County Council.
On April 25, 2010, a community meeting sponsored by Councilman Guy Enriques was held at the
Pahala Community Center to discuss the Na'alehu and Pahala LCC Replacement project. As part
of the meeting, an informational handout prepared by the County's Wastewater Division provided
a brief history of the project documenting that, in 2004, Mayor Kim's office used a ballot system
distributed via mail to get input from property owners regarding different wastewater
treatment/disposal alternatives for those residents who would no longer be served by the C.
Brewer system after LCC closure. 87 percent of the returned ballots were in favor of a new sewer
collection system and a treatment and disposal system to be owned and maintained by the
County. The handout indicated Mayor Kim's office advised the property owners the County would
move forward with new sewer systems for Na'alehu and Pahala on November 5, 2004.
Additionally, the handout stated public meetings were held in both Na'alehu and Pahala in
November 2006, to discuss the wastewater system alternatives. The handout included that
adequate land for the treatment and disposal system had not been identified in Pahala.
2.2 Purpose and Need for Action
EPA's purpose for the Proposed Action considered in this Environmental Assessment (EA) is to
provide the infrastructure necessary to enable the County to comply with the SDWA and fulfill the
compliance provisions of the AOC between EPA and the County with respect to closure of the
Pahala LCCs by April 2023.
1 C. Brewer did not commit to construct laterals on then-connected private properties whose owners did
not consent or on approximately 30 house lots and commercial businesses subsequently sold or having
Deed restrictions making them liable for all costs associated with a new sewer system for those lots.
February 2020
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
The County's purpose for the Proposed Action considered in this EA, as stated in the June 22,
2017 EPA Region 9 AOC, is to provide an industry-standard wastewater collection system and a
secondary treatment and disposal facility, a basic service to the Pahala community, to eliminate
underground injection from LCCs it operates to help protect underground drinking water sources.
Though closure of individual wastewater systems by the County is not part of the Proposed Action,
legislation described in Section 2.1.3 affects the future of all parcels in Pahala utilizing cesspools
for sewage disposal.
The need for action is driven by the public health and environmental concerns associated with
LCCs, as described in Section 2.1.3.
2.3 Proposed Action - Site 7 Alternative (Preferred Alternative)
This section describes the Preferred Alternative under the Proposed Action.
Under the Preferred Alternative, the County of Hawai'i would perform the following actions:
1) Acquire, or otherwise obtain the right to develop and use, a portion of the 42.5-acre Site
7 that is currently owned by B. P. Bishop Estate Trustees (commonly known as
Kamehameha Schools), then construct a new secondary wastewater treatment and
disposal facility within a portion of the parcel (see Figure 2.3);
2) Construct a wastewater collection system, primarily within the public right-of-way (ROW)
and three segments within easements in the Pahala community, to collect and convey
sanitary waste from the currently connected and accessible (in accordance with Hawai'i
County Code) properties to the new treatment and disposal facility;
3) Close and abandon two LCCs, according to DOH closure procedures; and
4) Abandon the existing wastewater collection system in place.
These actions are described in further detail below and are depicted in Figure 2.2.
2.3.1 Acquire Site 7 and Construct New Secondary Wastewater Treatment and Disposal
Facility
Under the Preferred Alternative, the County would acquire, or obtain the right to develop and use,
a 14.9-acre portion of Tax Map Key (TMK) 9-6-002:018 located about 0.5 miles (2,600 feet) south
of the developed area of the community and identified as Site 7 for construction of a new
secondary wastewater treatment and disposal facility. This 42.5-acre parcel is owned by
Kamehameha Schools and used as a macadamia nut orchard. It is located adjacent to LCC #1.
An at-grade irrigation system runs in a north-south direction which allows vehicle access between
the rows. Slopes throughout Site 7 are between approximately 3 and 10 percent.
The County would work with the current landowner to subdivide the 42.5-acre parcel into two
parcels: 1) a 14.9-acre parcel that would be owned by the County; and 2) a 27.6-acre parcel that
would include a 25-foot-wide by 1,500-foot-long utility easement and would continue to be owned
by the current owner. See Figure 2.3 for a preliminary site plan showing the proposed location of
the treatment and disposal facility within Site 7. This location is in the northeast corner of the Maile
Street and Mamalahoa Highway intersection outside of the State of Hawai'i Department of
Transportation (DOT) right-of-way, east (makai) of an existing access road from Maile Street.
Access to both parcels would be provided from driveways on Maile Street sited mauka of the
Maile Street and Mamalahoa Highway intersection.
February 2020
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¦W^rv^gingystatic
/
Collection _>/
System
PM/
LCC 1
Site 7 \
Treatment and
Disposal Facility
Unnamed Stream
Site9
i Site 8
Final EA, Pahaia LCC Replacement Project
Pahala, Ka'O District, Hawai'i
Legend
New Collection System
hhb New Treatment and Disposal Facility
(Preferred Alternative)
New Treatment and Disposal Facility
N 0 1,000 2,000 4,000
mzzmzzi Meters
s 0 250 500 1 inch = 2,000 feet
(Alternative Sites 8 and 9)
~ Existing LCCs to Close/Abandon
Streams
Figure 2.2. Elements of the Proposed Action
February 2020
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'O District, Hawaii
25' WIDE UTILITY
EASEMENT (0.94 ACRES)
1,000'WELL
SETBACK _
HEADWORKS
FIRE
HYDRANT
INFLUENT
SEWER
FUTURE HEADWORKS
AND ODOR CONTROL
UNIT EXPANSION
- DOUBLE CHECK
DETECTOR ASSEMBLY
FOR FIRELINE
WATER METER FOR
POTABLE WATER
LAGOON
^ OPERATIONS
BUILDING
ODOR CONTROL
UNIT 1
LAGOON
LAGOON
FIRE HYDRANT
BISHOP ESTATES
(KAMEHAMEHASCHOOLS)
TMK: (3)9-6-002:018
42.5 ACRES
GROVE 2
LAGOON
(27.6 ACRES)
DISINFECTION
COOK PINE
TREES
EXISTING ACCESS VIA
KAMEHAMEHA SCHOOLS
FOR OTHERS TO BE
RELOCATED (0.5 ACRES)
ROVE 4
GROVE 1
GROVE 3
PROPERTY
LINE, TYP
DRIVEWAY
ACCESS
FOR WWTP
SLOW RATE LAND
APPLICATION
GROVE, TYP
UNNAMED
DRAINAGE WAY
Figure 2.3. Preliminary Site Plan for New Wastewater Treatment and Disposal Facility at Site 7 (Preferred Alternative)
February 2020
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
The County developed wastewater flow projections for the treatment and disposal facility using
the City and County of Honolulu current wastewater standards, most recently updated during
2017. Based on these standards, the treatment and disposal facility would be designed to provide
an average dry weather flow capacity of 190,000 gallons per day, which would be sufficient
capacity to allow closure of the two LCCs.
The wastewater treatment and disposal facility would consist of the following primary components:
• Headworks preliminary treatment system. The headworks would protect the downstream
system operations from large objects, debris, and rags that may be present in the incoming
flows. It would include a below-grade concrete tank with channels to control flows; a
fiberglass or aluminum cover plate to facilitate foul air collection; an above-grade
screening system; a granular activated carbon (GAC) scrubber for odor control; and
influent flow measurement and sampling equipment. A free-standing roof structure over
the headworks would protect operators and equipment from rain and sun conditions.
• Aerated lagoon treatment system. A series of three 0.4-acre partial-mix aerated lagoons
would provide biological wastewater treatment. Partial-mix aerated lagoons allow the
solids to settle while providing enough aeration and mixing to meet the oxygen demands
of the naturally occurring micro-organisms in the system. The lagoons would be equipped
with high-speed floating aerators and lined with either high-density polyethylene (HDPE)
or concrete to prevent wastewater seepage into the subsurface.
• Subsurface flow constructed wetland. The approximately 0.6-acre wetland would provide
additional treatment of the effluent from the aerated lagoons via a process called
denitrification, which would decrease the land area required for the slow-rate land
application (see below). The subsurface flow wetland would consist of a shallow HDPE-
lined basin filled with gravel media and planted with emergent wetland vegetation. Effluent
from the lagoons would flow through the gravel media layer, with the effluent level being
maintained below the gravel surface at all times. Treatment would occur through physical,
chemical, and biological mechanisms.
• Covered lagoon and disinfection. The 0.8-acre lined and covered lagoon (Lagoon 4) would
allow for effluent storage and algae removal, followed by disinfection to kill pathogens or
render them incapable of reproduction or harm to humans. The lagoon would feature a
floating cover of HDPE shade balls to prevent algae growth while allowing rainwater to
pass through. Disinfection would occur through the use of an ultra-violet system.
• Slow-rate land application system. Disposal of the treated and disinfected effluent would
be accomplished through land treatment in four groves of native, water-tolerant native
trees occupying a total area of approximately 8.0 acres. Application of the effluent would
be rotated to a different grove each day, resulting in a wet/dry cycle of 1-day wetting and
3-days drying. A lined irrigation equalization basin would be provided to facilitate grove
dosing.
Figure 2.4 shows a preliminary process schematic for the proposed facility. Figure 2.5 illustrates
an example of a lagoon using a floating cover of shade balls.
February 2020
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'O District, Hawai'i
LEGEND
WW FLOW PATH
WW ALTERNATIVE FLOW PATH
Figure 2.4. Preliminary Process Schematic for New Wastewater Treatment and Disposal Facility at Site 7 (Preferred
Alternative)
February 2020
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Final EA, Pahaia LCC Replacement Project
Pahala, Ka'O District, Hawai'i
Figure 2.5. Example of Shade Ball Floating Cover in a Lagoon
EPA defines land treatment as "the application of appropriately pre-treated municipal and
industrial wastewater to the land at a controlled rate in a designed and engineered setting. The
purpose of the activity is to obtain beneficial use of these materials, to improve environmental
quality, and to achieve treatment goals in a cost-effective and environmentally sound manner."
Land treatment systems rely on soil and vegetation to achieve treatment objectives, rather than
energy-intensive mechanical equipment. As such, they are considered to be a form of "natural"
treatment. The slow-rate land application concept is to intermittently apply wastewater to
vegetation growing in permeable soils. As the applied effluent percolates through the soil matrix
or is taken up by the crop, it is treated by physical filtration and biological mechanisms. After an
application period or wetting period, the surface is allowed to dry, and oxygen can enter the soil
matrix, which aids aerobic biological treatment. The frequent wetting and drying of the soils also
maintains the infiltration rate through the soil surface and minimizes clogging. This treatment
process is effective for five-day biochemical oxygen demand (BODs), total suspended solids
(TSS), trace organics, phosphorus, metals and pathogen removal. Furthermore, nitrogen removal
can be significant if it is necessary to manage the system for that objective.
The facility would be appropriately designed to have capacity to accommodate upset conditions,
including pump and other equipment failures In addition, the wastewater treatment and disposal
facility would be designed not to preclude expansion to treat future average dry weather flows up
to 360,000 gpd to meet the future needs of the community. As a matter of good engineering
practice, and to the extent practical, the wastewater treatment and disposal facility and collection
system would be designed to be expandable should the County or community decide in the future
February 2020
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
that expansion is necessary in accordance with the requirements established in the Ka'u
Community Development Plan Policy 120. See Appendix B.
It should be noted that wastewater flows from a community are highly variable, and peak flow
rates from small community wastewater collection systems are typically three to five times higher
than the average flow rates. The City and County of Honolulu standards take this variability into
account, and application of the standards results in conservatively designed facilities that are
protective of human health and the environment in anticipated operational conditions.
The wastewater treatment and disposal facility would be designed and sized so the exposed (not
enclosed) treatment processes have sufficient free-board depth to accommodate the 24-hour,
100-year storm event at the site. The wastewater treatment processes would be designed to
accommodate the peak flows caused by the design storm event, including precipitation that falls
on the aerated and covered lagoon treatment system. The aerated lagoons would be lined with
HDPE liners or concrete to prevent water seepage through the bottom and sides of the lagoons.
The aerated lagoons would be designed with operational freeboard that would be available to
contain and to equalize lagoon flows during wet weather events. In addition, the slow-rate land
application groves would be designed to completely contain both peak effluent flows and
precipitation from a 100-year, 24-hour storm event.
The groves would be designed in accordance with EPA's "Process Design Manual, Land
Treatment of Municipal Wastewater Effluents." Effluent would be applied at a hydraulic loading
rate that is a small percentage of the percolation rate of the soil, ensuring sufficient capacity for
assimilation of peak effluent flow rates and precipitation from the design storm event.
Stormwater runoff generated mauka of the treatment and disposal facility project site would be
directed around the perimeter of the site via diversion swales that would convey flow back to the
existing drainage pattern that flows to the existing culvert at Maile Street. During heavy rain
events, stormwater may temporarily back up behind the culvert. There would be no changes to
this culvert and the proposed treatment and disposal facility would not be located within the area
of the culvert.
The treatment and disposal facility would be designed with an on-site drainage system to collect
runoff caused by impervious portions of the site. The system would collect the runoff via grated
inlets or swales and the flows conveyed to on-site drainage detention systems, such as
subsurface linear infiltration or depressed detention basins, to detain flows and volumes to their
pre-development condition. In addition, landscape buffers with soil berms would be constructed
around most of the perimeter of the site to function as a secondary containment in the event of a
large storm event. The design is to ensure there is no adverse impact on adjacent or downstream
properties due to post-development flows.
A geotechnical engineering assessment of berm stability would be conducted during the design
process for any berms constructed to act as containment in the event of a large storm event.
The wastewater treatment and disposal facility design would meet the requirements of Hawai'i
County Code (HCC) § 27-20(e) (Standards for subdivisions and other developments), which
mandates a site drainage plan to "comply with sections 27-20(a) and (b) and section 27-24, and
shall include a storm water disposal system to contain runoff caused by the proposed
development, within the site boundaries, up to the expected one-hour, ten year storm event as
shown in the department of public works 'Storm Drainage Standards' unless those standards
specify a greater interval." Also, to meet the requirements of HCC § 27-20(f), the project site "shall
not alter the general drainage pattern above or below the development." Thus, no increase in flow
amount would be directed to either of the culverts at the highway as a result of the site
development.
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
Any "type" of wastewater treatment process (such as aerated lagoons, activated sludge
"mechanical" treatment plants, etc.) must incorporate both peak flows from the collection system
and precipitation that falls on the exposed process components into the design. The proposed
aerated lagoon system is a "flow through" process, not a storage reservoir. Wastewater from the
community (including peak wet weather flows) would move through the lagoon system to the
disposal system and would not be stored in the lagoons. The proposed aerated lagoon system
would be lined and designed to have adequate freeboard to contain the required storm event and
not overflow offsite. Further:
• Stormwater flows generated outside of the treatment and disposal facility would be
directed around the site;
• An onsite stormwater collection and management system would contain runoff generated
at the facility; and
• The proposed land application groves would be designed to completely contain both peak
effluent flows and precipitation from a design storm event.
Because the above measures would be incorporated no matter what "type" of treatment process
is chosen, flooding was not a criterion specifically evaluated as part of the treatment process
selection.
The facility would also include an operations building (approximately 1,620 square feet (SF)),
which would include an electrical room, restroom, and maintenance/storage room. The Draft EA
described a chlorination system for this disinfection process. The Proposed Action has since been
revised to instead include an ultraviolet light (UV) disinfection system to reduce the use of
chemicals at the facility. Disinfection would occur through a UV system which destroys
microorganisms by affecting their deoxyribonucleic acid and ribonucleic acid and impeding their
ability to reproduce. A UV disinfection system is comprised of lamps, a reactor, and control panel.
Wastewater flows parallel to the lamps in the reactor, while the control box provides a starting
voltage and maintains the continuous electrical current needed. The UV reactor would be covered
to contain the UV light within the facility, which would also prevent spill-over of the light to the
surrounding area. Currently, most such systems are equipped with an automated lamp cleaning
system to maintain lamp efficiency levels.
The Draft EA stated a pad-mounted diesel generator would be used as the emergency power
supply in the event of power loss from the commercial system. The Proposed Action has since
been revised to instead place the emergency generator within the operations building, which is
now feasible due to the descoping of the chlorine disinfection system from the operations building
in favor of ultra-violet disinfection. This would better protect the generator from corrosion and also
provide a more secure location. The generator would be connected to an exterior, aboveground
double-walled, concrete-encased fuel tank with capacity to support three consecutive days of
operation. The tank would have a capacity of about 250 gallons. An electrical service panel would
be equipped with a manual transfer switch and generator receptacle mounted to the exterior wall
of the building. This would provide a connection for a portable, trailer-mounted generator, in the
event of emergency generator maintenance or failure during an extended power outage.
Emergency backup power would be required whether commercial power or alternative energy
systems are utilized. It is feasible to partially augment commercial power utilizing photovoltaic
solar panel arrays on the headworks and operations building rooftops. Potential use of alternative
energy systems would be further analyzed during the detailed design phase after loads and
demand patterns have been determined. Also, the proposed electrical systems would be
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
designed to accept or be adaptable to additional alternative energy input in the future if prioritized
and funded by County Council.
The design of the treatment and disposal facility would not include utilizing alternative energy
systems such as photovoltaic solar or wind as a total replacement for connecting to the HELCO
grid due to:
• The need for consistent power supply;
• Up-front capital cost;
• The need for additional land to accommodate alternative energy systems;
• The objective to minimize the amount of land area removed from agricultural production;
and
• EPA-enforced project deadlines.
Methane gas is generated at wastewater treatment plants that use a treatment process called
anaerobic digestion. The proposed wastewater treatment facility would be too small for anaerobic
digestion to be economical. As stated previously, the dry weather design flow to the Pahala LCC
Replacement Project for the Proposed Action is 190,000 gallons per day. Anaerobic digestion is
only economically attractive for wastewater treatment and disposal facilities that treat at least 5 to
10 million gallons per day. In addition, the anaerobic digestion process requires primary clarifiers
as part of the liquid treatment process, but primary clarifiers tend to be odorous in tropical
climates, due to the relatively high wastewater temperatures. The proposed wastewater treatment
and disposal facility would instead rely on natural treatment systems that require relatively low
energy input. Additional detail regarding the preliminary analysis of alternative energy options can
be found in the PER (Appendix B).
The entire wastewater treatment and disposal facility would be enclosed with a 6-foot-high chain-
link fence, which would not be topped with barbed wire stringers, and posted to prevent public
access. Gate(s) to the facility would be locked, except when County or other County-authorized
personnel are present. The site fencing would not extend into the Maile Street or Mamalahoa
Highway rights-of-way.
A 25-foot-wide by approximately 1,500-foot-long easement located along the eastern edge of the
Kamehameha Schools parcel would be used to provide access to utilities from Maile Street to the
treatment and disposal facility site. The easement would contain the incoming sewer line from the
collection system, potable water line, and above-ground electric service from the Hawai'i Electric
and Light Company (HELCO) system. The easement would not be improved as an access road
to the treatment and disposal facility. Potable water would be provided by extending the existing
water main in Maile Street operated by the County of Hawai'i Department of Water Supply (DWS),
located approximately 2,000 feet northeast of the parcel, and by installing a service line in the
easement to connect the new facility to that extended water main. The above-ground electric
service would likely consist of 480-volt, three-phase electrical power via a pole-mounted
transformer to a service panel with a meter. Provided utilities would also include a land-line and/or
cellular telephone telemetry system would be used to connect the wastewater treatment and
disposal facility to Department of Environmental Management (DEM) operations staff based in
Hilo or Kona and would facilitate automatic control of equipment and communication of
operational data, malfunctions or intrusion. This system would have an auto-dialer to inform
operators of alarm conditions. Operational procedures would be in place to address mechanical
and electrical outages and other issues. Permanent, exterior site lighting would be limited to one
shielded light mounted under the roof overhang of the operations building, and one shielded light
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
near the headworks, and one shielded light at the UV disinfection system. The exterior lighting
would be manually switched and used only for emergency purposes; the facility would normally
be unlit at night.
The treatment and disposal facility would be designed according to National Fire Prevention
Association (NFPA) 820 "Standard for Fire Protection in Wastewater Treatment and Collection
Facilities." In accordance with Hawai'i Fire Department requirements, Fire Department access
and water supply to the site would be designed to comply with Chapter 18 of NFPA 2006 Uniform
Fire Code as amended by Hawai'i County.
It is anticipated that the wastewater treatment and disposal facility would require only weekly visits
by an operator based in Hilo or Kona to check and occasionally maintain it.
A geophysical survey of the treatment and disposal facility site would be performed during detailed
design with the specific intent to locate potential subsurface voids (such as lava tubes) present
beneath the site that may impact design and construction of the new facility. The presence of
potential subsurface voids identified by the geophysical survey would be confirmed by
geotechnical borings. The intent of the subsurface investigations is to minimize the impacts of
lava tubes on the project, including avoiding excessive damage to lava tubes and burials from
construction of the treatment and disposal facility at Site 7.
Hazards related to hurricanes, such as wind, rain, and flood loads, would be taken into account
during detailed design. Applicable regulations and standards, including IBC 2006, would be
adhered to. The County would develop a facility management plan in accordance with applicable
rules and regulations.
The aerated lagoon plant design would not result in the migration of aerosols outside of the site
boundaries. In addition, disinfection processes selectively kill pathogens or render them incapable
of reproduction or harm to humans. As outlined in Appendix B Section 3.2, continuous disinfection
of the treated effluent would be provided to protect human health and the environment. The land
application groves would incorporate a distribution system at the ground surface which would not
produce aerosols (Appendix B, Section 4.5.1).
To mitigate potential nuisance odors, the headworks would be equipped with an odor control
system with a GAC scrubber to remove odor. A package GAC scrubber passes the odorous air
through a bed of activated carbon, which adsorbs the odorous constituents within the pore spaces
of the carbon. The County currently operates GAC scrubbers at other facilities, and it has been
proven to be an effective means of odor control both locally and nationwide. The treatment
lagoons would be equipped with mechanical aerators capable of maintaining sufficiently aerobic
(with oxygen) conditions within the water column, which would prevent nuisance odor conditions
from occurring under normal operating conditions. The disposal groves would be irrigated with
fully treated and aerobic secondary effluent from the treatment process; irrigation with secondary
effluent is not associated with development of nuisance odor conditions.
Construction of the wastewater treatment and disposal facility would require extensive site
modifications, including the following:
• Clearing and grubbing of approximately 14.9 acres of macadamia nut trees within Site 7
to accommodate the new facility, and clearing of up to approximately 0.9 acres of trees
from within the utility easement - these trees would be disposed of at an approved site or
re-used for some other purpose;
• Removal of Cook pines (Araucaria columnaris) along Maile Street, limited to those
necessary to accommodate the main access to Site 7 via Maile Street and an existing
private road to be relocated northwest (mauka) of its current location in order to provide
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Final EA, Pahala LCC Replacement Project
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continued access between Maile Street and the macadamia nut processing plant
immediately northeast of Site 7.
• Excavation to a depth of approximately 10 feet to provide the necessary capacity for the
lagoons;
• Excavation to a depth of approximately 4 feet to provide the necessary depth for the media
in the subsurface constructed wetland;
• Excavation to a depth of approximately 6 feet to provide sufficient depth for the planted
groves and disposal of the effluent;
• Construction of a berm (with approximate 4-foot height) on all four sides of the groves to
contain rainfall from a 100-year, 24-hour storm event, with perimeter roads on the top of
the berms to provide operator access;
• Construction of internal service roads to provide access to the new facilities; and
• Relocation of the existing access road from Maile Street to the macadamia nut processing
facility (see above).
Prior to construction of the treatment and disposal facility, the County would need to obtain the
necessary discretionary and ministerial approvals from various federal, state, and county
agencies.
2.3.2 Construct New Wastewater Collection System
Under the Preferred Alternative, the County would construct a new sewer collection system in the
Pahala community to replace the existing system of substandard gravity lines that convey sewage
to the two LCCs and connect it to the proposed wastewater treatment and disposal facility on Site
7. The new collection system would consist of a total of approximately 12,150 linear feet (LF) (2.3
miles) of corrosion-resistant polyvinyl chloride (PVC) piping almost entirely within the public ROW
of eight public streets. This includes five streets in the western portion of the community (Maile,
'llima, Huapala, HTnano, and Hala Streets) and three public streets in the eastern portion of the
community (Puahala, PTkake, and Kamani Streets). The new collection system would service a
total of between 176-177 lots (111 existing or previously connected lots, plus 65-66 newly
accessible lots as described later in this subsection), with the specific number being dependent
on the results of the topographic survey and the design of the collection system, conveying
sewage to the new wastewater treatment and disposal facility at Site 7. Figure 2.6 shows the
collection system plan.
Similar to the treatment and disposal facility, the collection system would be designed not to
preclude expansion to meet the requirements of Policy 120 of the Ka'u Community Development
Plan.
February 2020
Page 2-15
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Final EA, Pahaia LCC Replacement Project
Pahala, Ka'O District, Hawai'i
Figure 2.6. Preliminary Collection System Plan with New Wastewater Treatment and
Disposal Facility at Site 7 (Preferred Alternative)
The County would construct the collection system in two phases to ensure that residential units
can maintain sewer system access all times. Phase 1 would construct segments totaling
approximately 2,510 LF to divert sewage flows from the existing LCC collection system to the new
treatment and disposal facility and extend laterals to individual properties making them accessible
to this portion of the new collection system. Specifically, Phase 1 would include the following:
• A new 1,730-LF, 16-inch diameter line within the Maile Street ROW to intercept flows from
the existing system serving llima, Huapala, HTnano, and Hala Streets and convey this
sewage to the new wastewater treatment and disposal facility at Site 7. This new line
would be sized to accommodate the flows from the entire community.
February 2020
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
• A new 780-LF, 14-inch diameter line partially within the PTkake Street ROW that would
connect the existing collection system above LCC 2 to the new line on Maile Street
described above. A 350-LF portion of this line would run through an easement on a
privately owned parcel (TMK 9-6-005:044) to access Maile Street from Huapala Street.
Phase 2 would complete the new collection system by constructing segments totaling
approximately 9,630 LF throughout Pahala, installing pumps on selected properties, making
individual properties accessible to the new collection system and re-connecting individual
properties currently serviced by the existing collection system to the new collection system. These
main lines would range from a 14-inch line on PTkake Street to mostly 8-inch lines on the
remaining streets and would run primarily within County ROWs for ease of access. However, an
approximately 1,100-LF segment would follow the existing system alignment in an industrial area
between 'llima and Maile Streets. The property (TMK 9-6-005:036) is owned by Edmund Olsen
and leased to M L Macadamia Orchards. The County would obtain an easement for the work
proposed within this area.
Construction of the new collection system would involve temporary impacts within the public
ROWs of eight streets. The streets within the community are under the jurisdiction of the County,
with the exception of a privately owned portion of PTkake Street for which the County would obtain
an easement. The streets have been improved with asphaltic concrete (AC) surfaces; most
shoulder areas are somewhat improved or consist of grassy swales. Most of the streets have two
travel lanes, are approximately 22 to 24 feet wide (plus shoulders), and do not have curbs or
gutters. Residential lots along the streets have driveways with direct access to the travel lanes.
Overhead utility poles are located outside the travel lanes. Typical sewer trenches would be about
3 feet wide and at least 6 feet deep to allow the placement of the lines to meet County standards.
The existing pavement would be sawcut, the trench would be excavated (which could require
removal of bedrock), sewer pipe installed, and then the trench would be backfilled and compacted.
The cut portion of the AC pavement would then be patched with new AC material. Additional
resurfacing may be required where trenches parallel streets. The collection system would be
installed with the proper horizontal and vertical clearances from existing water system facilities
and concrete jacketing atwaterline crossings, where necessary, as recommended by the County
of Hawai'i DWS Water System Standards.
As discussed in Section 3.3, geophysical and geotechnical surveys of the proposed collection
system sites would be performed during detailed design with the specific intent to locate potential
subsurface voids (such as lava tubes) which, if present beneath the sites, could require minor
adjustments to the preliminary collection system plan where practicable.
All accessible properties would be required to connect to the new wastewater collection system
in accordance with HCC § 21-5. However, in April 2007, the County entered into an agreement
with C. Brewer to eliminate LCCs from the existing community sewer systems and connect
properties discharging to them to new County collection, treatment, and disposal systems. Once
the actual costs are determined, County Council action is still required to approve the expenditure
of funds on private property for existing connections.
The new collection system would be subject to HCC 21 (Sewers). Specifically, HCC § 21-5 states
the following:
"(a) Owners of all dwellings, buildings, or properties used for human occupancy, employment,
recreation, or other purposes, which are accessible to a sewer are required at their
expense to connect directly with the public sewer within 180 days after date of official
notice.
February 2020
Page 2-17
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
(b) If, due to rock, wastewater collection system depth, or other construction problems, a
building cannot be practically served, the owner shall install, operate and maintain a
residential pumping station.
(c) The director may grant a variance/exemption of the foregoing connection requirements to
owners of single-family dwellings existing at the time of installation of the public
wastewater system, if the following is found:
(1) There are special or unusual circumstances applying to the subject real property which
exist that render the ability to connect to a wastewater system an extreme physical or
financial hardship; and
(2) There are no other reasonable alternatives; and
(3) The variance is consistent with the general purpose of the chapter and will not be
materially detrimental to public health, safety, or welfare."
Accordingly, additional newly accessible lots in Pahala would be required to connect to the new
wastewater collection system after it becomes operational. These other lots are near the existing
service area and are presently connected to individual wastewater systems. Under the Preferred
Alternative, the design of the new collection system would include stub-outs to accommodate the
eventual connection of these newly accessible lots. However, the respective lot owners would be
responsible for the design and completion of these connections and for the proper closure of their
individual wastewater systems.
Additionally, as discussed in Section 4, the State of Hawai'i Department of Education (DOE) would
connect the Ka'u High School and Pahala Elementary School and the recently completed Ka'u
Gymnasium and Shelter to the new collection system following completion of the Proposed
Action. As stated in Section 4.7.2 of the County of Hawai'i, Department of Public Works, Final
Environmental Assessment and Finding of No Significant Impact, Ka'u Gym and Shelter, Pahala,
Ka'u District. April 2012: "In accordance with Section 21-5, Hawai'i County Code (HCC), Ka'u
High and Pahala Elementary School, including the Ka'u District Gym and Shelter, will be required
to connect to the County sewer system when access becomes available. The State Department
of Education will be responsible for coordinating and constructing the connection to the sewer
system via a branch main on Hala Street and properly closing their onsite system."
2.3.3 Close and Abandon Two Existing Large Capacity Cesspools
Under the Preferred Alternative, following DOH approval to operate the new wastewater treatment
and disposal facility and completion of Phase 1 of the new collection system, the County would
close and abandon LCC 1 (located within TMK 9-6-002:016) and LCC 2 (located within TMK 9-6-
016:041) as instructed by DOH Safe Drinking Water Branch UIC requirements. HAR § 11-23-19
sets forth the plugging and abandonment requirements, which state the following:
"(a) any owner who wishes to abandon an injection well shall submit an application, in
accordance with Section 11-23-12, containing the details of the proposed
abandonment. The DOH may require an abandoned well to be plugged in a manner
which will not allow detrimental movement of fluids between formations. If required,
plugging shall be completed by grouting with the tremie method in accordance with
the Honolulu Board of Water Supply's "Water System Standards", dated March, 1977;
or by some other method found appropriate and acceptable to the DOH; (b) The DOH
may order an injection well to be plugged and abandoned when it no longer performs
its intended purpose, or when it is determined to be a threat to the ground water
resource. The owner shall schedule the plugging so that DOH staff may be present to
monitor the abandonment operation."
February 2020
Page 2-18
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
The specific methods to be used for closure of the LCCs have not yet been determined but would
be consistent with the requirements described above.
The two LCCs in Pahala are readily accessible for closure activities. LCC 1 is located in a parcel
that has been previously cleared. However, it is currently overgrown with tall grasses and it may
be necessary to clear a path for construction vehicles and equipment to access. Clearing an
access road (or other similar work) would not be necessary at LCC 2, which is located in the
backyard of a residential lot with access via the house driveway. After the new treatment and
disposal facility is operational, temporary easement(s) and a pipeline may be needed to bypass
LCC 2, connect the existing collection system to the new collection system in Pikake Street, and
close the LCC.
2.3.4 Close and Abandon Existing Wastewater Collection System
Under the Preferred Alternative, following completion of Phase 2 of the new collection system,
the County would close and abandon the existing C. Brewer wastewater collection system. This
system includes some lines located in the back yards of residential lots and some within public
streets; therefore, abandoning the lines in place would minimize impacts related to their
excavation and removal. The cut ends of the abandoned laterals to the collection system would
be plugged with concrete to prevent unauthorized use of the old system and to prevent
maintaining an unused underground hydraulic conduit.
2.4 Proposed Action - Site 8 Alternative
Under the Site 8 Alternative, the County would perform the same actions as described in Section
2.4 for the Preferred Alternative, with the following exceptions:
• The new secondary wastewater treatment and disposal facility would be constructed at
Site 8 instead of Site 7; and
• The new wastewater collection system would require approximately 1,600 feet of
additional pipe within the ROW of Lower Maoula Road to reach Site 8.
The County would acquire, or obtain the right to develop and use, the area identified as Site 8 for
construction of the new secondary wastewater treatment and disposal facility (see Figure 2.7).
The 45.2-acre parcel (TMK 9-6-002:021) containing Site 8 is southwest of and adjacent to the
parcel containing Site 7, across Maile Street and above Mamalahoa Highway. As with Site 7, it is
owned by Kamehameha Schools and used as a macadamia nut orchard. Site 8 is more steeply
sloped than Site 7, with slopes between approximately 10 and 20 percent. An unnamed branch
of Hi'onamoa Gulch crosses from northwest to southeast near the center of the parcel.
The secondary wastewater treatment and disposal facility at Site 8 would consist of the same
treatment components, and would require the same support facilities and infrastructure, as the
facility described in Section 2.3.1 for the Preferred Alternative. However, because of the steeper
slopes in Site 8, use of this site would require larger slow-rate land application groves totaling
approximately 12 acres. Also, depending on the selected configuration of the wastewater
treatment facility and the land application groves, this alternative could require trenching and
construction of piping across an unnamed branch of Hi'onamoa Gulch within the parcel.
As with the Preferred Alternative, the Site 8 Alternative would close and abandon LCC 1 and LCC
2 following completion of the wastewater treatment and disposal facility and Phase 1 of the new
collection system and would close and abandon the existing C. Brewer wastewater collection
system following completion of Phase 2 of the new collection system.
February 2020
Page 2-19
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Final EA, Pahaia LCC Replacement Project
Pahala, Ka'O District, Hawai'i
Existing Large Capacity
Cesspool (LCC)
WWTP SITE ' .
EFFLUENT
DISPOSAL
SYSTEM
(10± ACRES)
PREVAILING WIND
Brown and
Caldwell
Figure 2.7. Site 8 Alternative - Preliminary Site Plan for New Wastewater Treatment and
Disposal Facility
February 2020
Page 2-20
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
2.5 Proposed Action - Site 9 Alternative
Under the Site 9 Alternative, the County would perform the same actions as described in Section
2.3 for the Preferred Alternative, with the following exceptions:
• The new secondary wastewater treatment and disposal facility would be constructed at
Site 9 instead of Site 7; and
• The new wastewater collection system would require approximately 3,200 feet of
additional pipe within the ROW of Maile Street and across Mamalahoa Highway to reach
Site 9.
The County would acquire, or obtain the right to develop and use, the area identified as Site 9 for
construction of the new secondary wastewater treatment and disposal facility (see Figure 2.8).
The 157-acre parcel (TMK 9-6-002:049) containing Site 9 is south of Sites 7 and 8, across
Mamalahoa Highway. As with Sites 7 and 8, it is owned by Kamehameha Schools and used as a
macadamia nut orchard. Slopes throughout Site 9 are between approximately 3 and 10 percent.
An unnamed branch of Hi'onamoa Gulch crosses the parcel from north to south near the
northwest corner of the site (through the upper westerly portion of the parcel).
The secondary wastewater treatment and disposal facility at Site 9 would consist of the same
treatment components, and would require the same support facilities and infrastructure, as the
facility described in Section 2.3.1 for the Preferred Alternative, and the slow-rate land application
groves would total approximately 8 acres. However, an unnamed branch of Hi'onamoa Gulch or
the outfall from the concrete box culvert crossing the highway at the intersection of Maile Street
and Mamalahoa Highway near the upper portion of the parcel could affect the selected
configuration of the wastewater treatment facility and the land application groves. Potentially, to
maximize energy efficiency by taking advantage of gravity flow, the headworks, lagoons and the
subsurface constructed wetlands could be sited in the upper portion of the site, or the area closest
to the highway. In addition, because the site is located across Mamalahoa Highway from the
Pahala community, it would require construction of piping and other utilities within the highway
ROW, which would require approval by the State DOT. Also, depending on the selected
configuration of the wastewater treatment facility and the land application groves, this alternative
could require trenching and construction of piping across an unnamed branch of Hi'onamoa Gulch
within the site. Finally, this alternative would require additional access roads to facilitate both
construction and operation of the treatment and disposal facility and a slightly longer transmission
line given its increased distance from the existing LCCs.
As outlined in the PER Section 8 (Appendix B), Site 9 earned a lower ranking than Site 7 for the
following criteria: presence of and/or proximity to archaeological/cultural sites, existing vehicle
access, power and potable water availability, and distance from the area of the wastewater
collection system. Site 7 had a lower ranking than Site 9 in one category: topography. With the
distance between the two sites less than 300 feet, they were ranked equally for the criteria of
proximity of treatment units to existing occupied buildings.
As with the Preferred Alternative, the Site 9 Alternative would close and abandon LCC 1 and LCC
2 following completion of the wastewater treatment and disposal facility and Phase 1 of the new
collection system and would close and abandon the existing C. Brewer wastewater collection
system following completion of Phase 2 of the new collection system.
February 2020
Page 2-21
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Final EA, Pahaia LCC Replacement Project
Pahala, Ka'O District, Hawai'i
Streams
Existing Large Capacity
Cesspool (LCC)
•r.'xr- • ¦
(51 ACRES)
EFFLUENT
DISPOSAL SYSTEM
(10± ACRES)
PREVAILING WIND
Brown and
Caldwell
Figure 2.8. Site 9 Alternative - Preliminary Site Plan for New Wastewater Treatment and
Disposal Facility
February 2020
Page 2-22
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
2.6 No-Action Alternative
Under the No-Action Alternative, the County would continue to use the two existing LCCs in
Pahala and existing substandard gravity sewer lines. No additional properties would be added to
the community sewer system under this alternative.
This alternative would not provide the Pahala community with an acceptable wastewater
collection, treatment, and disposal system; would not fulfill the purpose and need for action
described in Section 2.2; and would result in non-compliance with the AOC between EPA and the
County.
2.7 Development of Site Alternatives and Selection of Preferred Alternative
For several years, the County has considered various alternative sites in the Pahala area for
construction of a new wastewater treatment and disposal facility. The County has primarily
considered sites that could be obtained at "minimal or no" cost and currently vacant sites to avoid
displacement and relocation.
The County identified candidate sites based on three primary criteria. First, the site would have
to be appropriate for the preliminary design of the treatment and disposal facility. For example,
the site would need to have sufficient area to accommodate the facility and have soil conditions
that are suitable for effluent management purposes. Second, access to the site would allow the
County to meet the various requirements of the AOC that stipulated closure of the LCCs by June
2021.2 Third, the environmental impacts of construction of the treatment and disposal facility
should be considered. For example, the site would need to be located where a treatment and
disposal facility would not create nuisance impacts (e.g., odor or visual impacts) to the community.
Based on these three primary criteria, and considering additional suggestions from the Pahala
community obtained during Community Outreach meetings in December 2017, the County
identified nine candidate sites for the proposed wastewater treatment and disposal facility. Figure
2.9 shows the locations of these nine sites, identifies the landowners for each, and depicts their
proximity to the existing LCCs. The County evaluated the suitability of each candidate site
according to the following process:
1. Twenty-one criteria within four general categories (environmental, social and cultural;
location and site; land use and availability; and collection system and service area) were
established and defined for the analysis.
2. Six "fatal flaw" conditions were identified. Sites with a fatal flaw were eliminated from
further consideration.
3. Relative weighting factors were established for each category and criteria.
Environmental, social and cultural considerations, and location and site characteristics
were weighted highest (35 percent each), the collection system and service area
category was weighted at 20 percent, and the land use and availability category was
weighted at 10 percent.
4. Sites were mapped using Geographic Information System. Data such as size, soil type,
location of subsurface and surface water, topography, zoning and prevailing wind
direction were determined.
5. Each site was evaluated and scored for the twenty-one criteria.
2 In September 2019, EPA accepted the County's request to extend the Pahala LCC closure date from
June 2021 to April 2023.
February 2020 Page 2-23
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'O District, Hawaii
Kauhuhu'ula Gulch
Water Well #1 with
1,000ft Radius
LEGEND
Water Well #2 with
1,000ft Radius
Streams
~ Water Wells
¦ Existing Large Capacity Cesspool (LCC)
Pahala WWTP Alternative Sites
Ka'ala'ala
Gulch
Keaiwa
Gulch
Pa'au'au
Gulch
Water Well #3 with
1,000ft Radius
PREVAILING WIND
Water Well #4 with
1,000ft Radius
Land Owner
County of Hawaii
9-6-002:024
PMK Capital Partners LLC
9-6-002:016
Hawaii Electric
Mauna Loa Macadamia Orchards LP
State of Hawaii
State of Hawaii
9-6-002:013
Kamehameha Schools
Kamehameha Schools
Kamehameha Schools
9-6-002:049
Figure 2.9. Locations of Nine Candidate Sites Considered for New Wastewater Treatment and Disposal Facility
February 2020
Page 2-24
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
6. A weighted ranking was determined for each site based on the weighting factors
established in Step 3.
7. A preferred site was identified, based on the weighted high scores.
As a result of this process, the County identified three sites (Sites 7, 8, and 9) as reasonable
alternatives for construction of the wastewater treatment and disposal facility under the Proposed
Action. The final scores for Sites 7, 8, and 9 were 4.33, 4.06, and 4.10 respectively, out of a total
possible score of 5. Based on this analysis, Site 7 was selected as the Preferred Alternative. The
site is easily accessible, has good soils for a land application system, and is close to the existing
LCCs. Site 8 has a stream bisecting the parcel lengthwise that complicates siting of the treatment
and disposal facility. Site 9 also has some surface water within the parcel but is also more difficult
to access given its location relative to existing roads. Site 9 would require construction of
additional access roads to facilitate construction and operation of the treatment and disposal
facility and would also require a longer transmission line given its distance from the existing LCCs.
Additional information on the specific scoring criteria and the results of the weighted analysis can
be found in the PER (Appendix B).
Section 2.3 describes the Preferred Alternative under the Proposed Action, including the preferred
site (Site 7) for construction of the treatment and disposal facility. Sections 2.4 and 2.5 describe
the other two sites (Sites 8 and 9, respectively) identified as reasonable alternatives for
construction of the treatment and disposal facility under the Proposed Action. Section 2.8.1
describes the six sites (Sites 1-6) that were eliminated from consideration as reasonable
alternatives.
2.8 Alternatives Considered but Not Carried Forward
2.8.1 Other Site Alternatives
During evaluation of site alternatives, six "fatal flaw" conditions were identified, and sites with a
"fatal flaw" were eliminated from further consideration. For more information on fatal flaw
conditions, refer to the PER (Appendix B).
(a) Alternative Site 1: LCC Parcel
Site 1 (TMK 9-6-002:024) is owned by the County of Hawai'i. This parcel is only 0.41 acres,
precluding it from being suitable for a wastewater treatment facility due to parcel size. As a result
of this "fatal flaw," Site 1 was removed from further consideration.
(b) Alternative Site 2: Macadamia Nut Plant Site
Site 2 (TMK 9-6-002:016) is located adjacent to the 0.41-acre County LCC parcel. This parcel
occupies about 64.8 acres, is privately owned and contains an active macadamia nut processing
facility that occupies only a portion of the entire parcel. The site is located near the Pahala
community meaning it would be close the collection system, limiting the environmental impacts
related to construction of the influent and fire protection lines.
However, due to the soil type, Site 2 would require an area of approximately 200 acres to
accommodate the slow-rate land application basins. The unoccupied area of Site 1 is located on
the northern portion of the parcel. As a result, the proposed treatment and disposal site would be
nearly adjacent to a residential area and the Pahala Hongwanji Mission. Use of this site would
potentially have adverse impacts to residents and the Pahala Hongwanji Mission. For these
reasons, use of Site 2 for the treatment and disposal facility is not considered a reasonable and
feasible alternative.
February 2020
Page 2-25
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
(c) Alternative Site 3: HELCO Substation
Site 3 (TMK 9-6-002:043) is owned by HELCO and occupies 4.46 acres. It is currently used as a
substation to supply electrical power to the Pahala community. The size of the parcel and the
requirement for approval from the State of Hawai'i Public Utilities Commission made use of Site
3 for the treatment and disposal facility not a reasonable and feasible alternative.
(d) Alternative Site 4: Mauna Loa Macadamia Nut Parcel
Site 4 (TMK 9-6-002:048) is located east of Mamalahoa Highway and occupies about 339 acres.
The parcel is privately owned and contains an active macadamia orchard. An unnamed gulch
runs east-west between the highway and orchard area that would need to be crossed by influent
and fire protection lines. The state may require a Stream Channel Alteration Permit should the
two lines alter the stream banks. Placing the lines below the stream might require separate pump
stations for the lines to access the treatment and disposal facility. The only access to Site 4 is
from Mamalahoa Highway. Approval would be needed to construct within the right-of-way. Due
to the soil type, Site 4 would require an area of approximately 200 acres to accommodate the
slow-rate land application basins. For these reasons, use of Site 4 for the treatment and disposal
facility is not considered a reasonable and feasible alternative.
(e) Alternative Site 5: State of Hawai'i
Site 5 (TMK 9-6-002:005), a vacant parcel owned by the State of Hawai'i, is located about 3,300
feet south of Maile Street below Mamalahoa Highway and occupies about 2,160 acres. Hi'onamoa
and Moa'ula gulches lie between Maile Street and Site 3 and influent and fire protection lines
would need to cross the gulches to reach the site. A Stream Channel Alteration Permit would be
required should the two lines alter the stream banks. Approval would also be required to construct
within the state right-of-way. Due to the soil type at Site 5, approximately 200 acres would be
required to accommodate the slow-rate land application basins. For these reasons, use of Site 5
for the treatment and disposal facility is not considered a reasonable and feasible alternative.
(f) Alternative Site 6: State of Hawai'i
Site 6 (TMK 9-6-002:013), a vacant parcel owned by the State of Hawai'i, is located about 1.25
miles feet south of Maile Street above Mamalahoa Highway and occupies about 75.8 acres.
Influent and fire protection lines would need to cross two, and possibly three, gulches to reach
the site. A Stream Channel Alteration Permit would be required if the lines alter the stream banks.
Approval would also be required to construct utilities within the highway ROW. Because Site 6
lies above the highway, one or two pump stations might be required for the influent line. Due to
the soil type at the site, approximately 200 acres of this soil type would be required to
accommodate the slow-rate land application basins. For these reasons, use of Site 6 for the
treatment and disposal facility is not considered a reasonable and feasible alternative.
2.8.2 Other Wastewater Treatment Alternatives
As previously discussed, wastewater flows from a community are highly variable, and peak flow
rates from small community wastewater collection systems are typically three to five times higher
than the average flow rates. The City and County of Honolulu standards take this variability into
account, and application of the standards results in conservatively designed facilities that are
protective of human health and the environment in anticipated operational conditions. The
selected wastewater treatment alternative must be capable of achieving these standards and
receiving discretionary and ministerial approvals. The following other wastewater treatment
alternatives were evaluated.
February 2020
Page 2-26
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
(a) Septic Tank Alternatives
Several septic tank alternatives were identified and considered. Additional details on each
alternative can be found in the PER (Appendix B).
• Community Septic Tank. Based on current design criteria and current flow projections, an
approximately 800,000-gallon community septic tank would be necessary to provide the
extended detention times needed to optimize treatment performance, to avoid the need
for frequent septage pumping, and to account for peak flow rates. A community septic tank
of this size would require pumping on a 3-year interval. Septic tanks produce hydrogen
sulfide, reduced sulfur compounds, and other odorous gases; a community septic tank
would concentrate these emissions to a single point source, requiring treatment with a
dual-stage scrubber to avoid nuisance odor conditions. More significantly, a community
septic tank would not be capable of achieving the effluent quality standards (less than 30
mg/L of both BODs and TSS) specified in HAR 11-62. Therefore, use of a community
septic tank is not considered to be feasible.
• Converting LCC to Seepage Pit. Converting LCC 1 to a seepage pit regulated as an
injection well (LCC 2 could not be converted as it is on private land) would lead to
numerous potential compliance issues with HAR 11-23-07, which regulates injection wells.
The condition and structure of LCC 1 is unknown, and HAR 11-62-25 requires all new and
proposed effluent disposal systems to have a backup system. No such system could be
feasibly constructed as new injection wells are not allowed. A DOH variance necessitating
renewal applications every 5 years (which are not certain to be approved) would also be
required. No additional flow or connections would be allowed, meaning the proposed new
collection system could not conform to the project purpose, meet currently applicable
Hawai'i County Code requirements, or be expandable to serve the rest of the community.
• Leachfield Disposal. To meet DOH's leachfield design criteria, a minimum of 30 acres of
land would be required to meet loading rate and redundancy requirements. Achieving
even distribution of effluent over a leachfield of this size would be challenging. Therefore,
leachfield disposal is not considered to be feasible.
• Conversion to Individual Wastewater Systems. Many of the lots in Pahala are too small to
construct individual septic systems, and for those that could accommodate a septic tank,
the soils may have percolation rates that are too slow to allow for seepage pits based on
HAR 11-62-34 regulations. Residents with insufficient space for a seepage pit may need
to import fill soil to create elevated mound systems or convert to household aerobic
treatment units. Conversion to individual wastewater systems is therefore not considered
feasible.
• Package Plants. Package plants are pre-manufactured treatment facilities that may be
used to treat wastewater in small communities or on individual properties. Typical flows
for this technology range between 10,000 and 250,000 gallons per day. Although they
have the advantage of a small footprint and associated capital cost, these plants have
limited storage and equalization capacity, require the addition of chemicals, and are
operationally complex. In addition, they are energy intensive, and the solids produced
must be properly handled and disposed. Package plants do not commonly achieve
denitrification or phosphorus removal without additional unit processes. Often, package
plants utilize proprietary equipment, adding to operational costs and equipment availability
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issues when replacements are unavailable or the equipment becomes obsolete. Because
of the need for daily operations and maintenance, on-site chemical storage and chemical
addition, mechanical complexity, lack of operational flexibility under changing conditions,
energy consumption and sludge handling concerns, package plants were removed from
consideration for the Proposed Action. Additional issues include access for construction
equipment, ownership of the units, and operation and maintenance of the units either by
the County of Hawai'i on private property or by individual property owners in this remote
location.
(b) Other Treatment Alternatives
Several other treatment alternatives were considered for the project. Additional details can be
found in the PER (Appendix B).
• Option 1: Aerated Lagoons/Constructed Wetland/Land Application (Proposed Treatment
Method). Option 1 consists of an aerated lagoon treatment system with a constructed
wetland and disinfection, followed by land application for effluent management. This is the
proposed treatment method for the Pahala wastewater treatment and disposal facility.
• Option 2: R-1 Treatment/Land Application. Option 2 consists of a treatment system
designed to produce recycled water that meets DOH R-1 recycled water criteria. The R-1
treatment system would be followed by land application.
• Option 3: R-1 Treatment/Seasonal Water Recycling. Option 3 consists of a treatment
system similar to Option 2 to produce R-1 recycled water. The recycled water would then
be used to irrigate nearby macadamia nut orchards. A water recycling analysis no
irrigation is typically needed between October and March because precipitation exceeds
evaporation during those months. During months when irrigation is unnecessary, recycled
water could be land applied.
• Option 4: R-1 Treatment and Storage for 100 Percent Recycling. Option 4 adds a seasonal
storage reservoir for recycled water. HAR 11-62 requires a disposal system for all recycled
water systems to provide a means for disposal of water that does not meet R-1 standards
or disposal of excess water should the seasonal storage reservoir capacity be exceeded
during an exceptionally wet year. Storage in open reservoirs can also lead to algae growth
and odor issues, requiring additional treatment to meet R-1 criteria before irrigation.
• Option 5: Maximum Practical Treatment. Option 5 consists of implementing advanced
wastewater treatment processes that represent maximum practical treatment, eventually
producing R-1 water. The same issues associated with utilizing or storing R-1 water
described for Options 3 and 4 would apply to Option 5.
The treatment alternatives described above were removed from consideration due for several
reasons, as described below. Additional details can be found in the PER (Appendix B).
• Labor Requirements. Options 2 through 5 require daily site visits from operators based in
Hilo or Kona to conduct sampling required for R-1 compliance. These options also consist
of mechanical treatment technology that requires more operator attention. Option 1
(preferred alternative) requires weekly visits by treatment plant operators based in Hilo or
Kona, with periodic maintenance visits as needed.
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• Operational Complexity. Options 2 through 5 require Grade IV certification through HAR
11-61 due to the complexity of treatment processes. Generally, the County has difficulty
attracting and retaining Grade IV operators. Option 1 requires an operator certification
level of Grade 1, the lowest level established by HAR 11-61.
• Energy Consumption. Options 2 through 5 require a substantial amount of electrical
energy due to the use of mechanical processes. Option 1 requires significantly less energy
due to the use of natural treatment systems.
• Sludge Management. Options 2 through 5 would require an anaerobic digester for sludge
management, with solids trucked to a landfill on a weekly basis. Option 1 would require
sludge removal from lagoons approximately once every 15 to 20 years. The resulting
solids are well-digested and inoffensive.
Additionally, Living Machine® technology was suggested during community outreach meetings.
The technology has been implemented in buildings but there is no evidence of the technology
being used at a municipal scale. The proposed non-proprietary treatment system (aerated
lagoons and subsurface flow wetland) uses essentially the same natural treatment processes as
the Living Machine®, but on a municipal scale.
2.8.3 Other Effluent Management Options
Several effluent management options were evaluated for feasibility as an alternative to land
application. The options described below were removed from consideration due to their lack of
feasibility and other concerns as outlined herein.
• Ocean Discharge. Ocean discharge of treated effluent is not considered a viable option
for Pahala due to the long distance from the site to the shoreline, the high cost to construct
an outfall, stringent receiving water quality standards, high ocean water monitoring costs,
and the difficulty and length of time required to secure permits.
• Subsurface Disposal via Injection Wells. Per HAR 11-23, disposal to groundwater via an
injection well is not allowed west (mauka) of the DOH UIC line. Because the town of
Pahala is located mauka of the UIC line, an injection well is not a viable option.
• Water Recycling. Water recycling was considered as an alternative effluent management
option but removed from consideration due to the low irrigation demand in the Pahala area
and DOH requirements for all water recycling programs to have a 100-percent backup
system. Storage systems could be constructed but could lead to issues as described in
Section 2.8.2.
• Drain Field. A drain field (i.e., a leachfield) is an alternative effluent management option,
but was removed from consideration due to the reasons outlined in Section 2.8.2, most
notably the large amount of land required for a drain field and difficulties with distributing
effluent across such a large area.
2.9 Relationship to 2007 Final Environmental Assessment
In August 2007, the County of Hawai'i DEM issued a Final EA for the Na'alehu-Pahala LCC
Conversion project. The County then made a Negative Declaration, also referred to as a FONSI,
regarding the project on August 10, 2007, and published a notice of the determination in the
August 23, 2007 issue of the Office of Environmental Quality Control (OEQC) publication The
Environmental Notice.
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As described in that Final EA, the County DEM initiated the project to address the closure of the
LCCs within the Na'alehu and Pahala communities. Although that Final EA addressed both
communities, the proposed improvements were essentially similar for both communities. For
Pahala, the proposed project was to construct new sewer collection systems located primarily
within the public ROWs and to replace the existing LCCs with six DOH-approved septic tanks for
wastewater treatment and reuse of LCC 1 as a seepage pit for the effluent disposal system.
After the issuance of the 2007 Final EA and Negative Declaration/FONSI, the County conducted
additional study and evaluation of the proposed LCC conversion project. The County eventually
concluded that the LCC conversion project described in the 2007 Final EA would not meet the
need to provide a collection system and a treatment and disposal facility, close the LCCs, and
provide for the future needs of the Pahala community. This determination was based on several
factors, including the following:
• The capacity, structure, and condition of LCC 1 are not known; the County attempted to
determine the structure and condition of LCC 1 via inspection by closed circuit television
but could not ascertain its condition due to technological limitations. Additionally, poor
results from soil percolation tests influenced the County to consider looking at a larger
land area to construct a secondary treatment system to fulfill a longer-term vision of a
higher level of wastewater treatment and options for plant expansion for possible
community growth.
• HAR 11-62-25 requires new and proposed effluent disposal systems to have a backup
disposal system capable of handling the peak flow. However, a second seepage pit would
most likely not be allowed as the site is located mauka of the UIC line. Also, if the existing
seepage pit were to fail, a replacement could not be constructed.
• The Ka'u Community Development Plan was adopted as Ordinance No. 2017-66 in
October 2017. This plan requires the County to provide for eventual construction of a
collection system and treatment and disposal facility to serve the entire Pahala community.
Although the Ka'u Community Development Plan was adopted subsequent to the 2007
Final EA, the Pahala LCC Replacement Project would need to be consistent with the plan.
Increasing flow to the converted existing LCC used as a seepage pit would not be allowed
because it is located mauka of the UIC line. Therefore, the use of the existing LCC as a
disposal system could prevent the County from providing the community's desired future
wastewater needs.
• As discussed in Section 2.8.2(a), the use of a community septic tank would present odor
concerns and would not be capable of meeting state effluent quality standards. Also, the
County would need a variance to HAR 11-62 from DOH to install the system as proposed
in the 2007 Final EA, which is not a long-term sustainable option.
Based on the above considerations, the County has decided not to move forward with the Pahala
LCC Conversion Project described in the 2007 Final EA and Negative Declaration/FONSI, and is
instead evaluating the alternatives described in this Final EA.
2.10 Other Considerations
2.10.1 Zoning Considerations
Lands within the Pahala community are designated "Urban" by the State Land Use Commission.
The wastewater treatment and disposal project site is designated "Agricultural."
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The 14.9-acre treatment and disposal facility would be owned by the County of Hawai'i and
managed and operated by the County of Hawai'i DEM. The treatment and disposal facility would
be a "public use" as defined by HCC § 25-1-5, as a use conducted by or a structure or building
owned or managed by the federal government, the State of Hawai'i, or the County to fulfill a
governmental function, activity, or service for public benefit and in accordance with public policy.
To ensure compliance with relevant code, the County would obtain a Plan Approval from the
Planning Department for the treatment and disposal facility. Also, the County would submit a
Special Permit application through the Planning Department to the County Planning Commission.
2.10.2 Land Transfer
Construction of the portions of the collection system located within County ROWs would not
require further land transfer approvals. As previously discussed, three segments of the planned
collection system would be located within privately owned parcels. The County would obtain
easements from the landowner(s) as part of the design process.
HCC Chapter 23 (Subdivisions) states that all subdivision plats and all streets or ways within the
County created for the purpose of partitioning land shall be approved by the County Planning
Department Director. Further, HCC § 23-11 includes requirements on lot sizes. The County would
subdivide the 14.9-acre treatment and disposal facility based on HCC § 23-11, which states the
following:
"standards of this chapter shall not be applicable to public utility or public rights-of-way
subdivisions and their remnant parcels; provided that the County Planning Department
Director, upon conferring with the County Director of Public Works and Manager-Chief
Engineer of the County Department of Water Supply, may require necessary
improvements to further the public welfare and safety."
Lastly, HCC § 23-12 (Submission of application and plans; filing) states the following:
"(a) A person desiring to subdivide land or desiring to partition land by creation of a
street within the County shall submit an application for subdivision and preliminary and
final plans and documents for approval as provided in this chapter and State law; (b)
No subdivision plat may be filed with the Bureau of Conveyances or Land Court until
submitted to and approved by the Planning Department Director."
The County has conducted a Phase 1 Environmental Site Assessment of the entire 42.5-
acre parcel comprising Site 7. This review did not identify any recognized environmental
concerns or liabilities associated with acquiring portions of Site 7.
2.10.3 Hawai'i Revised Statutes (HRS) Chapter 205 Considerations
Lands within the Pahala community are designated as "Urban" by the State Land Use
Commission. The wastewater treatment and disposal project site is designated as "Agricultural."
According to HRS § 205-4.5, permissible uses within the agricultural districts are the following:
"(a) Within the agricultural district, all lands with soil classified by the Land Study Bureau's
detailed land classification as overall (master) productivity rating class A or B shall be
restricted to the following permitted uses:
(1) Cultivation of crops, including crops for bioenergy, flowers, vegetables, foliage, fruits,
forage, and timber;
(2) Game and fish propagation;
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(3) Raising of livestock, including poultry, bees, fish, or other animal or aquatic life that
are propagated for economic or personal use;
(4) Farm dwellings, employee housing, farm buildings, or activities or uses related to
farming and animal husbandry.
(5) Public institutions and buildings that are necessary for agricultural practices;
(6) Public and private open area types of recreational uses, including day camps, picnic
grounds, parks, and riding stables, but not including dragstrips, airports, drive-in
theaters, golf courses, golf driving ranges, country clubs, and overnight camps;
(7) Public, private, and quasi-public utility lines and roadways, transformer stations,
communications equipment buildings, solid waste transfer stations, major water
storage tanks, and appurtenant small buildings such as booster pumping stations,
but not including offices or yards for equipment, material, vehicle storage, repair or
maintenance, treatment plants, corporation yards, or other similar structures;
(b) Uses not expressly permitted in subsection (a) shall be prohibited, except the uses
permitted as provided in Sections 205-6 and 205-8."
Under HRS § 205-6, use of agricultural lands for non-agricultural purposes requires approval of
a Special Permit by the County Planning Commission who submits the petition to the Land Use
Commission, Office of Planning and State Department of Agriculture for their review and
comment. HRS § 205-6 (Special permit) states the following:
"(a) ...the county planning commission may permit certain unusual and reasonable
uses within agricultural and rural districts other than those for which the district is
classified. Any person who desires to use the person's land within an agricultural or
rural district other than for an agricultural or rural use, as the case may be, may petition
the planning commission of the county within which the person's land is located for
permission to use the person's land in the manner desired. Each county may
establish the appropriate fee for processing the special permit petition..."
Based on the above, a Special Permit application for the proposed treatment and disposal facility
would be prepared by DEM for submittal to the County Planning Commission.
2.11 Project Schedule and Implementation
Information regarding project schedules, including EPA compliance dates, project updates and
milestones can be found on the EPA website at: https://www.epa.gov/uic/countv-hawaii-
administrative~order-consent~closure-cesspools~pahala~and~naalehu.
The County will also provide information about the construction schedule for the collection system
and the treatment and disposal facility to the DOE Facilities Development Branch Public Works
Administrator on request. Impacts and mitigation measures for addressing construction-related
dust, traffic, and noise are presented in Sections 3.14.2, 3.17.2, and 3.18.2. Further, the County
will coordinate with the DOE Student Transportation Services Branch Manager and the School in
order to minimize construction-related impacts to student transportation services.
If funds are available, appropriated by County Council, and encumbered in accordance with
applicable law, the County of Hawai'i DEM is the County agency authorized to implement each
phase of the project's completion including:
• Project schedules and budgets;
• Completion of the HRS Chapter 6E (Historic Preservation) process;
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• Conduct and monitoring of necessary field investigations, as required;
• Preliminary and final design;
• Preparation of construction contract documents including plans, specifications, and
boilerplate;
• Obtaining required plan and document approvals and clearances;
• Arranging for funding and coordination of right of entry, easement, and property
acquisition;
• Ensuring required permits are identified and obtained;
• Coordinating construction contract advertisement, bidding, award recommendations,
payments, and reimbursements with County of Hawai'i Department of Public Works
Contracting, CWSRF, and EPA;
• Construction management, construction and field inspection of the proposed action;
• Development of O&M Manuals and preparation of record drawings;
• Operator training;
• Filing required reports and certifications;
• Operation, maintenance, and repair of the constructed facilities; and
• Collecting sewer user charges.
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3 DESCRIPTION OF EXISTING CONDITIONS, IMPACTS AND
MITIGATION MEASURES
3.1 Climate
3.1.1 Existing Conditions
(a) All Alternative Sites
Climate on the Island of Hawai'i and more broadly throughout the state can be characterized as
having low day-to-day and month-to-month variability. Differences in the climate of various areas
are generally attributed to local differences in geology and topography that create microclimates
with different temperature, humidity, wind and rainfall, and associated local ecosystems
(University of Hawai'i at Hilo, 1998).
The climate of Pahala is typical of the predominantly dry condition found in the Ka'u District. The
National Oceanic and Atmospheric Administration (NOAA) designates the Ka'u area as a Humid
Tropical Zone with transitional lowland areas in locations between windward and leeward regions.
The area receives less orographic rainfall since it is not oriented normal to trade wind flow and
exhibits a distinctive summer dry season.
Temperatures in the Ka'u District generally range between 70 and 80 degrees Fahrenheit during
daylight hours and between 60 and 70 degrees Fahrenheit during night hours. The National
Weather Service maintains a rainfall gauge at Pahala. For calendar year 2017, the Hawai'i
Rainfall Summary shows a total of 40.58 inches rain at Pahala, about 71 percent of the average
of 57.00 inches. Below-average totals were also observed at two other rainfall gauges nearby at
Kahuku Ranch and South Point.
Prevailing trade winds in the Ka'u District area are from the southeast and usually dominate from
April to November. Wind speeds average about 15 miles per hour and vary between
approximately 10 to 20 miles per hour. Wnds from the southwest occur less frequently, mainly
during the winter associated with "Kona" storms (Department of Geography, 1998).
Climate conditions in the Ka'u District are likely to change in coming decades. Average annual
precipitation is also likely to change, but climate models are uncertain in projections for Hawai'i.
Based on ensemble model projections available through the U.S. Environmental Protection
Agency's (EPA's) Climate Resilience Evaluation and Awareness Tool (CREAT) Climate
Scenarios Projection Map, projections for the area surrounding Pahala range from a minor
decrease in annual precipitation (up to a 1.2-percent decrease) to up to a 17.3-percent increase
by 2060, depending on the model scenario (hot/dry vs. warm/wet) (EPA, 2020). Climate models
also predict changes in the intensity of storm events. Projections range from a 1.0-percent to a
19.8-percent increase in 100-year storm intensity by 2035, depending on the scenario used for
the modeling ("stormy" vs. "not as stormy"). By 2060, projections range from a 1.9-percent to a
38.5-percent increase in storm intensity (EPA, 2020). Another climate concern for coastal areas
and islands is sea level rise.
3.1.2 Impacts and Mitigation Measures
(a) All Alternative Sites
There is the potential for construction-related and operational greenhouse gas emissions under
the proposed action. Heavy equipment during construction may temporarily emit greenhouse
gases during their operation and trucks used to transport supplies and equipment may cause
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emissions outside of the Pahala area. Operation of the wastewater system under the Proposed
Action also has the potential for minor greenhouse gas emissions due to operations at, and one-
per-week vehicle trips to, the proposed treatment and disposal facility site. These emissions are
expected to be minor and are not expected to contribute substantially to emissions from the
Pahala area.
Changes in average annual temperature are unlikely to impact the proposed wastewater
treatment and disposal facility and its effluent because there is no discharge to surface water
sources and therefore the temperature of streams in the area is unlikely to be impacted by the
project. Because all project locations are at least 3.3 miles from the coast and at least 580 feet
above mean sea level (msl), sea level rise is not expected to impact the proposed project.
The large amount of uncertainty in climate projections makes it difficult to determine potential
impacts of increased storm intensity on the project, but it is likely that there is some change in
storm intensity in the next few decades. The new infrastructure under the Proposed Action would
be designed to collect sanitary wastewater only; the community's stormwater would be managed
by other means. Some nominal inflow of stormwater into wastewater collection systems through
manhole covers and other hydraulic pathways is normal and can be expected to increase with
increasing storm intensity in the future. Because the proposed wastewater treatment and disposal
facility does not intercept stormwater flows, there is unlikely to be a direct impact on inflow to the
plant, although more intense or more frequent storms could impact the open aerated lagoons,
subsurface flow constructed wetland, and land application processes from precipitation falling
directly on these systems. Hazards related to hurricanes, such as wind, rain, and flood loads,
would be taken into account during detailed design. Applicable regulations and standards,
including International Building Code (IBC) 2006, would be adhered to. All potentially affected
processes would be bermed to contain the 100-year, 24-hour storm event while maintaining at
least two feet of freeboard to account for the uncertainty of the climate model projections.
(b) No-Action Alternative
Under the No-Action Alternative, the existing large capacity cesspools (LCCs) are at risk of
impacts due to climate change, specifically changes in precipitation and storm intensity. The
nature of the LCCs makes them more exposed to these threats, potentially leading to impacts to
groundwater, surface water, and other resource areas.
3.2 Topography
3.2.1 Existing Conditions
The Pahala community lies on the slope of Mauna Loa, west (mauka) of Mamalahoa Highway
and occupies an area of about 0.61 square miles. The developed area of Pahala slopes down at
about 6 percent from the northwest to the southeast, from an elevation of 1,000 feet above msl to
800 feet above msl over a distance of 3,500 feet. The slope of the streets in the community
approximately follows the contours to maintain level or appropriately sloped grades to allow
vehicle travel. On certain streets, this condition results in house lots on the downhill side of the
street to be several feet below the road surface, while those on the uphill side lie several feet
above.
(a) Preferred Alternative (Site 7)
The 42.5-acre preferred location for the Proposed Action is generally situated on a southeast
facing slope with an average slope of approximately 8.7 percent and a maximum of 18.9 percent.
The elevation of the parcel ranges from 580 to 780 feet above msl.
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(b) Alternative Site 8
The 45.2-acre Site 8 parcel faces approximately southeast with an average slope of
approximately 9 percent and a maximum of 28.2 percent. The elevation of the parcel ranges from
approximately 540 to 740 feet above msl. An unnamed branch of Hi'onamoa Gulch crosses the
site from northwest to southeast near the center of the parcel.
(c) Alternative Site 9
The 157-acre Site 9 parcel faces approximately southeast with an average slope of approximately
7 percent and a maximum of 10 percent. The elevation of the parcel ranges from approximately
300 to 600 feet above msl. Two unnamed south-flowing branches of Hi'onamoa Gulch cross
portions of the parcel.
3.2.2 Impacts and Mitigation Measures
(a) Preferred Alternative (Site 7)
Construction of the new wastewater collection system would require trenching in locations
throughout the Pahala community, primarily within the right-of-way (ROW) of public streets plus
three segments within easements. Trenches would typically be about 3 feet wide and at least 6
feet deep. Due to the existing topography, several locations may also require installation of
pumps. Once the line is placed in the trench, the affected area would be backfilled to restore the
existing topography, resulting in minimal localized effects to the site topography.
The construction of the wastewater treatment and disposal facility would involve grading,
excavating, and fill activities on approximately 14.9 acres at Site 7. Excavation to depths of
approximately 4 to 10 feet would be required to provide necessary capacity for the lagoons,
constructed wetlands, and planted groves. An approximately 4-foot tall berm would be
constructed on all four sides of the groves to contain rainfall from a 100-year, 24-hour storm event.
As discussed in Section 3.7.2, stormwater and erosion control plans would be developed,
necessary construction permits would be obtained, and appropriate stormwater and erosion
control measures would be implemented.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
topography within the affected areas.
(b) Alternative Site 8
Under this alternative, the topographic impacts and mitigation measures would be similar to those
described above for the Preferred Alternative (Site 7), with the following differences:
• Construction of an additional 1,600 feet of collection system piping to reach Site 8 would
require additional trenching. The affected areas would be backfilled to restore the existing
topography.
• Due to the steeper slopes at Site 8, construction of the wastewater treatment and disposal
facility would require grading, excavating, and fill activities on approximately 4 additional
acres to accommodate the terracing required to construct the slow-rate land application
groves on the steeper site.
(c) Alternative Site 9
Under this alternative, the topographic impacts and mitigation measures would be similar to those
described above for the Preferred Alternative (Site 7); however, an additional 3,200 feet of
trenching would be required to extend the collection system piping, potable water line, and fire
protection line to Site 9. The affected areas would be backfilled to restore the existing topography.
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(d) No-Action Alternative
The No-Action Alternative would not involve grading, excavation, or fill activities, and therefore
would not impact topography in the Pahala area.
3.3 Geology
3.3.1 Existing Conditions
(a) All Alternative Sites
The Island of Hawai'i was formed by the activity of five shield volcanoes. These shield volcanoes
are Kohala (extinct), Mauna Kea (has had activity during recent geologic time), Hualalai (last
erupted in 1801), and Mauna Loa and Kilauea (both of which are still active).
The project site is situated at the eastern end of the island and on the lower, southeastern flank
of the Mauna Loa Volcano. This volcano appears to be made up of at least two huge shield
volcanoes built around two separate eruptive centers, referred to as the Mauna Loa shield. The
Mauna Loa shield has been built principally by eruptions along two rift zones that extend in a
southwest and east-northeast direction from the caldera. Rift zones are elongated areas of ground
fissures where volcanic activity such as earthquakes and volcanic eruptions are concentrated. In
contrast, few eruptions have taken place along the lower northeast rift zone.
Pahala is situated on the slopes of Mauna Loa. The surrounding area consists of several inter-
stratified beds of volcanic ash that sit upon the exposed bedrock. The Pahala area is known to
contain lava tubes, which often occur in many places around the Island of Hawai'i. Generally, a
lava tube is a natural conduit or void that forms when molten lava flows beneath the hardened
surface of a previous lava flow. When the volcanic eruption stops, and the lava drains out, a lava
tube forms in the void. Lava tubes can range in size from a few inches to more than 25 feet in
diameter. The tubes are generally not visible from the surface and the diameter and length can
usually be identified only through subsurface probing or geophysical surveys. The presence of
lava tubes underneath the proposed collection system site and the alternative wastewater
treatment and disposal facility sites is possible but unknown. The County is in the process of
performing non-intrusive geophysical surveys of sites for the Proposed Action, which would be
followed by geotechnical investigations where necessary to confirm the presence or absence of
lava tubes.
3.3.2 Impacts and Mitigation Measures
(a) All Alternative Sites
Grading, excavating, and fill activities during construction of the wastewater treatment and
disposal facility and the new collection system would occur no deeper than approximately 10 feet
below grade and thus would have negligible impacts on the geology in the Pahala area. If
subsurface investigations determine that voids (such as lava tubes) are present, the site plan for
the facility and/or collection system may require adjustments where practicable. If/when bedrock
is encountered during excavation for the Proposed Action, removal would be accomplished using
hydraulic and/or pneumatic hammers consistent with other construction activities on the Hawaiian
Islands. Standard local practice for underground cavities encountered during excavations is to
collapse unstable sections and backfill the void with engineered materials. Should any
unanticipated archeological sites or materials be encountered, all work in the affected area would
cease and the Hawai'i State Historic Preservation Division (SHPD) would be notified. Work in that
area would cease until clearance to proceed from SHPD. An archeological monitoring plan will be
prepared during design where deemed necessary by SHPD for their approval prior to ground
disturbing activities.
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Abandonment of the two LCCs and the existing wastewater collection system would not affect
geology within the affected areas.
Impacts and mitigation measures associated with seismic hazards are discussed in Section 3.4.
(b) No-Action Alternative
The No-Action Alternative does not involve any construction activities or modification to the
existing conditions, and therefore would not cause any impacts to geology in the Pahala area.
3.4 Seismic Hazard
3.4.1 Existing Conditions
(a) All Alternative Sites
Earthquakes in the Hawaiian Islands are primarily associated with volcanic eruptions resulting
from the inflation or shrinkage of magma reservoirs beneath, which shift segments of the volcano.
The Island of Hawai'i experiences thousands of earthquakes each year; however, most are so
small that they can only be detected by instruments. Although difficult to predict, an earthquake
of sufficient magnitude could cause structural or other damage to public facilities including
wastewater collection systems. The seismic risk classification of the Island of Hawai'i is Zone 4
(County of Hawai'i, 2007).
Earthquakes may occur before or during an eruption or may result from the underground
movement of magma that comes close to the surface. On the Island of Hawai'i, earthquakes
directly associated with the movement of magma are concentrated beneath the active Kilauea
and Mauna Loa Volcanoes. Typically, the risk of seismic activity and degree of ground movement
decreases with the distance from these active volcanoes. A few of the island's earthquakes are
less directly related to volcanism. These originate in the zones of structural weakness at the base
of the volcanoes or deep within the earth beneath the island.
Several destructive earthquakes have occurred on the Island of Hawai'i. The locations of larger
damaging on-island earthquakes since 1868 have generally occurred in the southeast portion of
the island near Kilauea, with the most recent destructive earthquake on this south flank occurring
on June 26, 1989 with a magnitude of 6.1. More recently, a magnitude 6.9 earthquake occurred
on May 4, 2018 offshore and east of Kilauea, though this earthquake was classified as non-
destructive.
3.4.2 Impacts and Mitigation Measures
(a) All Alternative Sites
Hawai'i County Code (HCC) § 5-3 indicates the "International Building Code, 2006 Edition" (IBC)
- copyrighted and published in 2006 by the International Code Council, Incorporated - is adopted
by the County. Chapter 5 is the applicable code for the construction of buildings, structures, and
facilities in the County. The purpose of the seismic provisions in the IBC is primarily to safeguard
against major structural failures and loss of life; limiting damage or maintaining functions is not a
primary purpose. At a minimum, structures are to be designed and constructed to resist the effects
of ground motions from seismic events. The seismic hazard characteristics described in the IBC
are based on the seismic zone and proximity of the site to active seismic sources.
The wastewater treatment and disposal facility would be designed and constructed to meet the
requirements of the 2006 IBC and HCC Chapter 5 and would comply with seismic loadings
established for the County of Hawai'i. This would minimize the potential for an uncontrolled
release of untreated or partially treated sanitary wastewater, or emergency generator diesel fuel
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
from the facility during a seismic event. The County would also develop a facility management
plan in accordance with applicable rules and regulations.
(b) No-Action Alternative
The No-Action Alternative includes no construction or modification to existing conditions, and
therefore would not impact seismic hazard in the Pahala area.
3.5 Volcanic Hazard
3.5.1 Existing Conditions
(a) All Alternative Sites
In 1997, the USGS prepared an updated volcanic hazard zone map for the Island of Hawai'i. The
map shows lava flow hazard zones for the five on-island volcanoes. The current map divides this
island into zones ranked from 1 (highest hazard) through 9 (lowest hazard) based on the
probability of coverage by lava flows. Hazard zones from lava flows are based mainly on the
location and frequency of both historic and prehistoric eruptions. Hazard zones also consider the
larger topographic features of volcanoes that affect the distribution of lava flows.
Pahala has been assigned a rating of Zone 3, which designates areas that are less hazardous
than Zones 1 and 2 because of the greater distance from recently active vents and (or) because
of topography. One to five percent of Zone 3 areas have been covered by eruptions since 1800,
and 15 to 75 percent have been covered within the past 750 years.
3.5.2 Impacts and Mitigation Measures
(a) All Alternative Sites
Based on the volcanic hazard map, the potential for damage is moderate, given the distance
between the Pahala community and active vents and hazards. At this time, the County has no
construction restrictions in Zone 3 areas. Thus, at this time, the volcanic hazard designation would
not affect the construction and operation of a collection system or treatment and disposal facilities.
Although the potential for volcanic activity in or around Pahala is present, the likelihood of that
impact is relatively small. In the event of a volcanic eruption that threatens the Pahala area, it is
likely that damage would occur to residences, the treatment and disposal facility, the collection
system, and other assets in the area. There are no mitigation measures to prevent the potential
impacts from volcanic activity, and the impacts would be similar regardless of the location of the
treatment and disposal facility or treatment system employed.
(b) No-Action Alternative
The No-Action Alternative involves no change to the status quo, so the current risk faced by
Pahala and the LCCs would remain consistent.
3.6 SoiSs
3.6.1 Existing Conditions
(a) All Alternative Sites
Figure 3.1 shows the soil types in the Pahala area, based on the U.S. Department of Agriculture
Natural Resources Conservation Service (NRCS) Soil Survey of the Island. Soils at all alternative
sites for the proposed wastewater treatment and disposal facility are primarily classified as Map
Unit 521 - Na'alehu medial silty clay loam, 3 to 10 percent slopes. This soil profile consists of
approximately 17 inches of medial silt loam over hydrous silty clay loam with a depth to bedrock
greater than 59 inches. This soil series has moderately high to high permeability characteristics,
and generally consists of well-drained soils that formed in volcanic ash. As shown in Figure 3.1,
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the northwest half of Site 8 is composed of a slightly different soil type, Map Unit 522 - a Na'alehu
medial silty clay loam, 10 to 20 percent slopes.
The western portion of the collection system and the wastewater treatment and disposal facility
alternative sites consist of ash fields on pahoehoe lava fields with soils that are well drained with
a runoff class of low. The remainder of the area for the collection system has a soil classified as
Map Unit 567 - Pu'u'eo- Na'alehu complex, 3 to 10 percent slopes with land consisting of basic
volcanic ash fields over a'a lava flows. Soils in these areas are somewhat excessively drained
with a runoff class of very low.
3.6.2 Impacts and Mitigation Measures
(a) All Alternative Sites
The collection system would be constructed below the travelways or shoulders of the streets in
the Pahala community. These were previously disturbed when the streets and shoulders were
originally constructed, and therefore the collection system would not create new adverse impacts
to soils in the area.
Construction of the wastewater treatment and disposal facility would require removal of
macadamia nut trees and clearing and excavating for construction of various improvements as
described in Section 2.3.1. The soils within the proposed treatment and disposal facility at Site 7,
as well as similar locations at Sites 8 and 9 that are also part of the macadamia nut orchard, were
previously disturbed during planting of the macadamia nut trees. A high-density polyethylene
(HDPE) or concrete liner would be placed below the excavated areas for the lagoons and
subsurface flow wetland, mitigating adverse impacts to soils in the area as well as groundwater.
The proposed location for slow-rate land application basins would also require excavation to allow
placement of the soil medium (approximately 8 acres for Sites 7 and 9, and approximately 12
acres for Site 8). Although the soils would be disturbed, the natural permeability characteristics of
the soil would mitigate adverse impacts due to construction. The Proposed Action would
incorporate appropriate stormwater and erosion control measures in accordance with approved
plans to ensure that soil erosion and transport during construction activities are minimized.
Continued operation of the land application basins is not expected to cause adverse impacts to
surrounding soils due to the physical and biological treatment that would occur as effluent
percolates through the soil and is taken up by planted vegetation.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
soils within the affected areas.
(b) No-Action Alternative
The No-Action Alternative would not involve any direct or indirect impacts to soils. Continued use
of the existing LCCs and wastewater collection system would not result in impacts to soils in the
Pahala area.
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Pahala, Ka'O District, Hawai'i
Figure 3.1. Pahala Area Soils Map
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3.7 Surface Water
3.7.1 Existing Conditions
The Pahala community is located between two surface water sources, Pa'au'au Gulch to the north
and east, and an unnamed branch of Hi'onamoa Gulch to the south and west. The USGS
topographic map shows flows from Pa'au'au Gulch end about 6,500 feet from the coast, while the
unnamed branch flows into Hi'onamoa Gulch about 3,000 feet southwest of Maile Street. Flows
from Hi'onamoa Gulch end about 6,000 feet from the coast. Figure 3.1 illustrates the known
streams and gulches within the Pahala area.
(a) Preferred Alternative (Site 7)
There are no surface water sources located within the Pahala community near the existing or
proposed wastewater collection system or the existing LCCs. Similarly, there are no surface water
sources located within Site 7. The National Wetlands Inventory (NWI) Wetlands Mapper and
USGS topographic maps identify no wetland features or streams within Site 7, at the two LCCs,
or within the proposed collection system area. Biological and archeological field survey reports
do not indicate any standing water or evident wetland vegetation within Site 7. On August 2018,
a biological field survey was conducted at Site 7 and results of the field work indicated that no
wetlands were observed on the site. The man-made drainage feature along Mamalahoa Highway
along the edge of the parcel conducts flow generated from surface runoff underneath the highway
and downslope to the east. Conditions within the ditch itself close to or on the property would not
likely satisfy the hydric soil requirement to be defined as a wetland.
(b) Alternative Site 8
The unnamed branch of Hi'onamoa Gulch crosses the Site 8 parcel from northwest to southeast
near the center of the parcel. The gulch is classified as a riverine wetland in the NWI, but it is
unknown whether this has been confirmed through a field survey and delineation. No other
wetlands or surface water bodies are known to be located on this parcel.
(c) Alternative Site 9
Two unnamed south-flowing branches of Hi'onamoa Gulch cross portions of the Site 9 parcel.
Also, an unnamed east-flowing branch of Pa'au'au Gulch originates in the Site 9 parcel near the
southeast boundary of the Site 7 parcel; this branch flows into Pa'au'au Gulch approximately
4,000 feet east of the Site 9 parcel. These gulches are classified as riverine wetlands in the NWI,
but it is unknown whether this has been confirmed through a field survey and delineation. No
other wetlands or surface water bodies are known to be located on this parcel.
3.7.2 Impacts and Mitigation Measures - Construction Activities
(a) Preferred Alternative (Site 7)
Given the cumulative areal extent of disturbance for the wastewater treatment and disposal facility
and the new collection system, the Proposed Action would require coverage under a National
Pollutant Discharge Elimination System (NPDES) construction stormwater permit. The NPDES
permit would include best management practice (BMP) measures such as use of silt fences or
filter socks along the perimeter of each construction site and sediment traps at drainage inlets.
Further, to minimize the potential for inadvertent leaks or spills of fuels and other petroleum
products, construction vehicles and equipment would be well maintained and kept at a temporary
staging area where runoff is controlled.
Construction trenches would require the contractor to submit erosion control and stormwater
control plans to the County and the Department of Health (DOH). Typically, the plans would
require installation of erosion and sediment control BMPs. This may include the use of perimeter
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Pahala, Ka'u District, Hawai'i
controls, such as silt fences or filter socks. These BMPs would be used to surround all
construction sites, including material storage and staging areas and all construction sites related
to the collection system, to control pollutants in stormwater flow from the sites during construction.
The construction contract documents would require that a Site-Specific Construction BMP plan
be prepared, addressing the measures that will be implemented onsite to prevent stormwater
pollution. This may include spill response measures, waste management procedures, and other
pollution prevention activities. The NPDES permit would also require periodic BMP inspections
(and maintenance of associated documentation) to ensure the construction activities are
compliant with the BMPs, Stormwater Pollution Prevention Plan (SWPPP), and NPDES permit.
Construction of the treatment and disposal facility would result in an increase in impervious
surfaces. HCC § 27-20 requires an on-site drainage plan to accommodate any runoff caused by
a proposed development, and requires all runoff to be retained within the site under conditions up
to the design storm event. An on-site drainage system within the developed area would collect
runoff via grated inlets or swales. These flows would be conveyed to on-site drainage detention
systems, such as subsurface linear infiltration or depressed detention basins, to detain flows and
volumes to their pre-development condition. Typically, a 1-hour, 10-year storm event is used to
determine the size of the on-site drainage system. As stated in HCC § 27-20:
"(e) All developments requiring a site drainage plan under Section 25-2-72(3) shall
submit such a plan for review and approval by the director of public works. The site
drainage plan shall comply with sections 27-20(a) and (b) and section 27-24, and shall
include a storm water disposal system to contain run-off caused by the proposed
development, within the site boundaries, up to the expected one-hour, ten year storm
event, as shown in the department of public works "Storm Drainage Standards," dated
October 1970, or any approved revision, unless those standards specify a greater
recurrence interval. Expected runoff may be calculated by any nationally-recognized
method meeting with approval of the director of public works. Runoff calculations shall
include the effects of all improvements.
(f) Storm water shall be disposed into dry wells, infiltration basins, or other approved
infiltration methods. The development shall not alter the general drainage pattern
above or below the development."
To ensure that there is no adverse impact on adjacent or downstream properties due to post-
development flows, landscape buffers with dirt berms would be constructed around most of the
perimeter of the property, acting as secondary containment in the event of a large storm event.
The planted groves for the land application system would be constructed with an approximately
4-foot-high berm on all four sides to contain the peak treated effluent flows plus rainfall from a
100-year, 24-hour storm event. Once the berms are constructed, no adverse effects to the
surrounding areas would be likely for a storm of that magnitude. See Section 3.23 for more
information regarding stormwater drainage.
Overall, the potential for construction-related impacts on surface water resources is temporary
and adherence to BMPs will minimize the potential for these impacts to occur.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
surface waters within the affected areas. A single NPDES permit would be secured for all
elements of the project, including LCC closure.
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(b) Alternative Sites 8 and 9
All of the same information presented above for the Preferred Alternative (Site 7) is relevant to
Alternative Sites 8 and 9. The same permits would be required, and the same or similar
construction practices and BMPs would be implemented to mitigate potential impacts.
One difference between the Preferred Alternative (Site 7) and Alternative Sites 8 and 9 is the
presence of south-flowing branches of Hi'onamoa Gulch in Sites 8 and 9, as shown in Figure 3.1.
Depending on the selected configuration of the wastewater treatment facility and the land
application groves, Alternative Sites 8 or 9 could require trenching and construction of piping
across the unnamed branches of the gulch. A Stream Channel Alteration Permit would be
required should the piping alter the stream banks. Extra attention would be required to ensure
that BMPs are implemented to prevent erosion and sedimentation that could impact the surface
water bodies. To avoid this potential impact for Site 9 and to minimize costs, the headworks,
lagoons and the subsurface constructed wetlands could be sited in the upper portion of the site,
or the area closest to the highway which would result in other impacts. The potential for impacts
to surface water is greater at Sites 8 and 9 due to the presence of these unnamed streams.
(c) No-Action Alternative
The No-Action Alternative includes no construction activities, and therefore would not lead to a
construction-related impact to surface water.
3.7.3 Impacts and Mitigation Measures - Operation of Wastewater System
(a) Preferred Alternative (Site 7)
EPA defines land treatment as "the application of appropriately pre-treated municipal and
industrial wastewater to the land at a controlled rate in a designed and engineered setting. The
purpose of the activity is to obtain beneficial use of these materials, to improve environmental
quality, and to achieve treatment goals in a cost-effective and environmentally sound manner"
(EPA, 2006).
The soils at the Preferred Alternative site (Site 7) are suitable for slow-rate land treatment. Slow-
rate land treatment consists of irrigation of land and vegetation with treated effluent. Significant
further treatment is provided as the water percolates through the soil and the vegetation uses the
nutrients in the effluent as fertilizer and transpires a portion of the applied water. The proposed
wastewater treatment and disposal facility would be designed to intermittently apply treated
effluent to native trees and vegetation growing on permeable soils. After an application period or
wetting period, the surface can dry, and oxygen can enter the soil matrix, which aids aerobic
biological treatment. The proposed project estimates a reduction of greater than 99 percent in the
annual load of five-day biochemical oxygen demand (BODs), total suspended solids (TSS), and
phosphorus to the environment compared to the current LCCs, and a decrease of 83 percent in
the annual load of nitrogen compared to the existing LCCs. As a result, operation of the collection
system and the treatment and disposal facilities would not create adverse impacts to surface
water resources of the Pahala area.
(b) Alternative Sites 8 and 9
All of the same potential impacts described for the Preferred Alternative (Site 7) would apply for
Alternative Sites 8 and 9. However, the presence of streams on both Sites 8 and 9, as shown in
Figure 3.1, heightens the risk of potential impact from the wastewater treatment and disposal
facility on surface water resources. BMPs could help mitigate these potential impacts, and siting
of the facility and land application sites would be important to avoid adverse impacts to surface
water sources.
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Pahala, Ka'u District, Hawai'i
(c) No-Action Alternative
The No-Action Alternative includes no modifications to the existing landscape. As such, any
impacts to surface water resources would be caused by the existing LCCs. Closure of the LCCs
is mandated by EPA regulations due to increased risk of impacts to water supplies and public
health from continued use of LCCs.
3.8 Groundwater
3.8.1 Existing Conditions
Groundwater occurs within portions of geologic formations where aquifers receive and store
water. Depending on geology of the area, many areas on the island rely on groundwater wells to
obtain drinking water. To protect the quality of underground sources of drinking water from
contamination by subsurface disposal of fluids, Hawai'i has adopted the Underground Injection
Control (UIC) program administered by the DOH Safe Drinking Water Branch. Hawai'i Revised
Statues (HRS) 340 E and Hawai'i Administrative Rules (HAR) 11-23 (Underground Injection
Control) set forth the requirements related to protection of underground sources of drinking water.
Under HAR 11-62, Appendix F, a minimum separation of 1,000 feet from existing wells is required
for wastewater treatment sites.
(a) Preferred Alternative (Site 7)
On April 3, 2018, in response to the pre-assessment notification, the DOH Safe Drinking Water
Branch indicated that the proposed wastewater treatment and disposal project site at Site 7 is
located above the UIC line and, as such, on top of underground sources of drinking water. To
avoid impacts to drinking water wells, sewage injection wells cannot be constructed above the
UIC line.
The State of Hawai'i Department of Land and Natural Resources (DLNR) Commission on Water
Resource Management (CWRM) maintains information on various types of wells throughout the
state. The CWRM indicated that one County and one private well are located in the Pahala area.
The CWRM confirmed that the County well and storage tank are located approximately 5,300 feet
north of Site 7. The USGS topographic map shows the tank lies at about 1,120 feet above msl,
which is approximately 480 feet higher in elevation than Site 7. A private well is located within
TMK 9-6-002:016, the parcel that contains the existing LCC 1 and lies adjacent to Site 7. The
CWRM has indicated this well is used for agricultural purposes, not for domestic purposes.
(b) Alternative Sites 8 and 9
The existing conditions discussed above for the Preferred Alternative (Site 7) are similar to
Alternative Sites 8 and 9. Compared to the Preferred Alternative (Site 7) parcel, Site 8 is located
a similar distance away, while Site 9 lies further away from the existing County drinking water well
and the private well. There is a well to the southeast of the Site 9 parcel, but the parcel is not
located within a 1,000-foot radius of the well.
3.8.2 Impacts and Mitigation Measures
(a) Preferred Alternative (Site 7)
The approximately 6-foot trenches needed to support the collection system would be relatively
shallow in relation to groundwater resources in the Pahala area. Thus, construction of the
collection system would not affect groundwater resources in the area.
The treatment and disposal facility would require excavation for the lagoons, subsurface
constructed wetland, and the planted groves. Preliminary plans show the lagoons would require
about 10 feet of excavation, the subsurface constructed wetland about 4 feet and the planted
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groves about 6 feet. Construction activities would follow an approved SWPPP to minimize
potential adverse impacts to groundwater resources and stormwater during construction
activities.
The lagoons and the subsurface constructed wetlands would be lined to prevent infiltration to the
groundwater. As previously described, the incoming sewage would be treated in the lagoons,
further treated in the subsurface wetland, and then disinfected prior to application of effluent to
the planted groves. The use of a slow-rate land application system following treatment in lagoons
and the subsurface constructed wetlands would be very effective at removing pollutants and
nutrients from the effluent. Compared to the existing LCCs, the proposed wastewater treatment
and disposal facility would decrease loading of BODs, TSS, and phosphorus by greater than 99
percent, and the release of nitrogen by 83 percent.
For these reasons, and because of the separation (both elevation and horizontal distance)
between Site 7 and the uphill County drinking water well, construction and operation of the
treatment and disposal facility would not affect groundwater resources in the Pahala area.
While use of the two existing LCCs has not resulted in documented impacts to groundwater or
drinking water resources, abandonment of the LCCs would remove a potential source of such
impacts. Abandonment of the existing wastewater collection system would not affect groundwater
within the affected areas.
(b) Alternative Sites 8 and 9
The groundwater impacts and mitigation measures discussed above for the Preferred Alternative
(Site 7) would also apply to Sites 8 and 9. The construction of the proposed collection system and
the treatment and disposal facility at either Site 8 or Site 9 would not affect groundwater resources
in the Pahala area. As discussed above, the closure of the LCCs would remove a potential source
of adverse impacts to groundwater and drinking water resources.
(c) No-Action Alternative
The No-Action alternative has the potential to adversely impact groundwater resources due to the
continued operation of the existing LCCs. EPA regulations mandate the closure of LCCs to
prevent potential impacts on groundwater resources.
3.9 Flood Risk
3.9.1 Existing Conditions
(a) All Alternative Sites
The Pahala community is located between two surface water sources, Pa'au'au Gulch to the north
and east, and an unnamed branch of Hi'onamoa Gulch to the south and west. The USGS
topographic map shows flows from Pa'au'au Gulch end about 6,500 feet from the coast, while the
unnamed branch flows into Hi'onamoa Gulch about 3,000 feet southwest of Maile Street. Flows
from Hi'onamoa Gulch end about 6,000 feet from the coast. The unnamed branch of Hi'onamoa
Gulch runs through Alternative Sites 8 and 9 and approximately 200 to 600 feet west of the Site
7 parcel.
The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM),
Community Panel No. 155166 1800F, effective date September 29, 2017 shows no special flood
hazard areas present in the project area and that most of the Pahala area is located in Zone X,
which designates areas determined to be outside the 0.2- percent annual chance (500-year)
floodplain. A small portion of the community of Pahala, including some land within the collection
system project site, is located within Zone X - Other Flood Areas, indicating areas within the 0.2-
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percent annual chance (500-year) floodplain, or areas with a 1-percent annual chance of flooding
with average flood depths less than 1 foot.
According to the FIRM, both existing LCCs are also located within Zone X. However, LCC 1 is
very close to the edge of the 500-year floodplain.
On April 16, 2018, in response to the pre-assessment notification, the State of Hawai'i DLNR,
Engineering Division stated the responsibility for conducting research as to the flood hazard
designation for the project site lies with the project proponent. Also on April 16, 2018 and in
response to the pre-assessment notification, the County of Hawai'i Department of Public Works
confirmed that the proposed treatment and disposal facility site at Site 7 is designated as ZoneX
on the FIRM and is outside the 500-year floodplain. See Appendix A for the responses to pre-
assessment consultation letters.
3.9.2 Impacts and Mitigation Measures
(a) All Alternative Sites
The Proposed Action would not result in construction of new above-ground infrastructure within
the 500-year floodplain. Although a small portion of the proposed collection system is located
within the 500-year floodplain, the associated trenching operations would be temporary and would
not alter the 500-year floodplain. Thus, no impacts to the existing floodplain are expected from
the Proposed Action. For information related to stormwater management and impacts, please
refer to Section 3.23.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
floodplains within the affected areas.
(b) No-Action Alternative
The No-Action Alternative, specifically the continued operation of LCC 1, could lead to impacts
during a flooding event. LCC 1 is located very close to an area mapped as within the 0.2-percent
annual chance (500-year) floodplain. The existing collection system is substandard and in poor
condition. A large flood could potentially cause the collection system and/or LCC to overflow as a
result of stormwater inflow and result in an uncontrolled release of raw sewage, thus potentially
contaminating flooded areas and creating a public health hazard.
3.10 Agricultural Lands
3.10.1 Existing Conditions
In November 1965, the Land Study Bureau (LSB) at the University of Hawai'i issued L.S. Bulletin
No. 6, Detailed Land Classification-Island of Hawai'i. The LSB compiled and interpreted data on
geology, topography, climate, water resources, soils, and crops and conducted field investigations
to create a land classification for the island. Bulletin No. 6 assigned two types of ratings for each
land type: the overall or master productivity rating, which reflects degree of overall suitability for
agricultural use, ranging from A (Very Good) to E (Very Poor); and selected use ratings, which
indicate the degree of suitability for selected use alternatives. Bulletin No. 6 has not been revised
or re-issued and remains as the reference document for lands classified by the LSB.
In addition to the LSB rating, the State of Hawai'i has developed the Agricultural Lands of
Importance to the State of Hawai'i (ALISH) Classification System. This system was developed
and compiled in 1977 by the State Department of Agriculture with assistance from the NCRS,
U.S. Department of Agriculture (formerly the Soil Conservation Service) and the College of
Tropical Agriculture at the University of Hawai'i as part of a national effort to inventory important
farmlands. Lands not considered for classification within this system are developed urban lands
(over ten acres), natural or artificial bodies of water (over ten acres), public use lands, forest
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Final EA, Pahala LCC Replacement Project
Pahala, Ka'u District, Hawai'i
reserves, lands with slopes in excess of thirty-five percent, and military installations (except
undeveloped areas over ten acres). The ALISH Classification System identifies the following three
categories of land (equivalent NRCS categories in parentheses):
• Prime Agricultural Lands (Prime Farmlands) - Land that has the soil quality, growing
season, and moisture supply needed to produce sustained high yields of crops
economically when treated and managed according to modern farming methods.
• Unique Agricultural Lands (Unique Farmlands) - Land that has a special combination of
soil quality, location, growing season, and moisture supply, and is used to produce
sustained high-quality yields of a specific crop when treated and managed according to
modern farming methods.
• Other Important Agricultural Land (Additional Farmland of Statewide and Local
Importance) - Land other than Prime or Unique Agricultural Land that is also of statewide
or local importance to agricultural use.
Figure 3.2 and Figure 3.3 show the LSB and ALISH classifications, respectively, in the project
areas.
The 2012 Census of Agriculture-County provides the most recent information related to acreage
planted for various fruits and nuts across the state and for each county. These data show a total
of 18,006 acres of macadamia nuts were planted in the state, 17,387 acres of which were planted
in the County, comprising about 96.6 percent of the state total.
(a) Preferred Alternative (Site 7)
The LSB rating indicates the collection system project site as "not rated", the rating assigned to
developed communities, and a master productivity rating of "D 129" (poor) for about 50 percent
of the proposed wastewater treatment and disposal facility at Site 7, with the remainder "B" (good).
D 129 includes soils from the Mamalahoa series, deep depth, volcanic ash, stony, well drained,
and very poorly suited for machine tillability.
The ALISH map, Figure 3.3, shows the collection system is located in "unclassified" lands. The
ALISH map shows the proposed wastewater treatment and disposal facility at Site 7 would be
located on approximately 20 percent "prime", 40 percent "other" and 40 percent "unclassified"
land.
(b) Alternative Site 8
Site 8 is located on a mix of "prime" and "other" agricultural land, with slightly more than 50 percent
classified as "prime." There is no "unclassified" land at Site 8. Depending on the selected site
plan, the land application groves would potentially be located on land classified as "prime."
(c) Alternative Site 9
Site 9 is made up primarily of "unclassified" land, with sections of both "prime" land (northwest
corner of the parcel) and "other" land (northeast and southwest edges of the parcel). The
proposed facility would likely be sited at the northern end of Site 9, on land that is a mix of
"unclassified" and "prime" land.
February 2020
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Collection
System
Site 7 W\
Treatment and v
Disposal Facility
Unnamed Sfream
Final EA, Pahaia LCC Replacement Project
Pahala, Ka'O District, Hawai'i
Legend
— Collection System
Streams
^3 Disposal and Treatment Site
Alternative Sites
I I Tax Map Keys 2016
LSB
A- Excellent
B - Good
ZZ C - Fair
[ D - Poor
; E - Very Poor
Not Rated
Site 9
n 0 500 1.000
Meters
0 125 250 1 inch = 1,000 feet
Figure 3.2. Pahala Area Land Study Bureau (LSB) Ratings Map
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Final EA, Pahaia LCC Replacement Project
Pahala, Ka'O District, Hawai'i
Collection
System
Site/7 W\
Treatment and
Disposal Facility^
Meters
Legend
Collection System
Streams
^3 Disposal and Treatment Site
Alternative Sites
I I Tax Map Keys 2016
Classification
I Unclassified
Prime Lands
Unique Lands
Other Lands
Figure 3.3. Pahala Area Agricultural Lands of Importance to the State of Hawai'i (ALISH)
Classification Map
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3.10.2 Impacts and Mitigation Measures
(a) Preferred Alternative (Site 7)
Construction of the collection system within the County roads would not affect agricultural lands
or the acreage utilized for the macadamia nut orchard. Construction of the wastewater treatment
and disposal facility at Site 7 would require removal of approximately 14.9 acres of macadamia
nut trees. This removal would amount to less than 0.1 percent of the total County lands planted
with macadamia nut trees, which would not substantially affect the total macadamia nut acreage
in the state or the County.
Abandonment of the two LCCs would reduce the potential for contamination of groundwater that
is used for irrigation of agricultural lands. Otherwise, abandonment of the LCCs and the existing
wastewater collection system would not affect agricultural lands within the affected areas.
See Section 5.8 regarding consistency with the Farmland Protection Policy Act.
(b) Alternative Site 8
As discussed above, construction of the collection system within the County roads would not
affect agricultural lands or the acreage utilized for the macadamia nut orchard. Construction of
the wastewater treatment and disposal facility at Site 8 would require removal of approximately
18.9 acres of macadamia nut trees, which would not substantially affect the total macadamia nut
acreage in the state or the County.
Under HRS 205, use of agricultural lands for non-agricultural purposes requires approval of a
Special Permit by the County Planning Commission who, for projects greater than 15 acres,
submits their decision to the State of Hawai'i Land Use Commission (LUC) for their approval. The
LUC approval process involves a presentation by the County and review of comments from the
Office of Planning. The Commission can approve the County decision, add, amend, or revise any
conditions from the County. The additional time required for the discretionary Special Permit
approval would make it difficult for Site 8 to meet the conditions of the AOC.
(c) Alternative Site 9
As discussed above, construction of the collection system within the County roads would not
affect agricultural lands or the acreage utilized for the macadamia nut orchard. Construction of
the wastewater treatment and disposal facility at Site 9 would require removal of approximately
14.9 acres of macadamia nut trees, which would not substantially affect the total macadamia nut
acreage in the state or the County.
(d) No-Action Alternative
The No-Action Alternative would not impact agricultural lands. Continued operation of the existing
LCCs could introduce pathogens and other contaminants to groundwater that is used for irrigation
of agricultural lands.
3.11 Solid and Hazardous Waste
3.11.1 Existing Conditions
(a) All Alternative Sites
In July 2017, a Phase 1 Environmental Site Assessment (ESA) was prepared for the County of
Hawai'i in accordance with best practices and the requirements presented in the American
Society for Testing and Materials (ASTM) Standard Practice E 1527-13 (ASTM E 1527-13). The
Phase 1 ESA was conducted on the entire 42.5-acre parcel comprising Site 7 (preferred
alternative), including the 14.9-acre location for the proposed treatment and disposal facility.
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Details on the Phase 1 ESA objectives and guidelines can be found by reviewing ASTM E 1527-
13.
A review was conducted of standard environmental (regulatory) records and specified historical
records covering Site 7. A review of historical aerial photographs (1972, 1977, 1985, 1992 and
2001) identified no recognized environmental concerns (RECs). The site was identified as sugar
cane land from 1972 to 1977 and was converted to a macadamia nut orchard by 1985.
The surrounding area, including Sites 8 and 9, consisted primarily of sugar cane and vacant land
prior to use for macadamia nut production. No properties adjacent to Site 7 had a historical use
that would represent a REC.
The Phase 1 ESA concluded no further assessment of the Site 7 parcel and proposed project site
for RECs is recommended at this time. While no Phase 1 ESA was conducted for Sites 8 and 9,
similar results to those for Site 7 might be expected given their similar historical and current uses.
3.11.2 Impacts and Mitigation Measures
(a) All Alternative Sites
Construction activities would involve the use of equipment containing fuel and other petroleum
products that could be hazardous if released. Construction contract documents would require that
a Site-Specific Construction BMP plan be prepared, and that materials and equipment to clean
up leaks or spills be kept on the project site during construction. In addition, contract documents
would include specifications for weekly inspections and reports to ensure the construction
activities comply with BMPs. These measures would mitigate adverse impacts to the project site
and surrounding area from potential releases of these materials.
The proposed wastewater treatment and disposal facility would have an emergency generator
that would use diesel fuel stored in an above-ground double-walled, concrete encased tank. A
leak from the inner tanks would be contained in the interstitial space between the walls of the
tank. Tanks of this nature are equipped with a monitor system to detect leaks in the inner wall. It
is expected that at least a 250-gallon fuel capacity would be required to provide the desired 3-day
backup supply of fuel for the proposed project. According to EPA, above-ground double-walled
concrete tanks do not require an additional secondary spill containment system around its base.
The fuel tank design would incorporate overfill prevention features to minimize potential spills.
Ongoing operation of the proposed collection system and treatment and disposal facility is not
expected to result in the creation of any hazardous waste on a regular basis.
The lagoons would need to be cleaned of sludge approximately every 20 years, and the material
removed at that point would be substantially degraded from biological activity. Municipal sewage
sludge is typically not considered a hazardous waste, and the material would be tested prior to
end use or disposal to verify compliance with applicable requirements. The sludge removed from
the facility could be landfilled, composted, or applied to land as a soil amendment and fertilizer in
accordance with state and federal requirements.
The Proposed Action includes closure of existing LCCs in Pahala. LCCs are considered
underground injection wells and are regulated by EPA and the State of Hawai'i DOH's UIC rules.
Under the Proposed Action, the existing LCCs are considered waste management units and
would be closed in accordance with DOH UIC regulations.
Abandonment of the existing wastewater collection system would not result in the generation of
solid or hazardous waste. Any sanitary wastewater remaining in the existing collection system
would be diverted to the new collection system prior to closure.
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(b) No-Action Alternative
The No-Action Alternative would maintain the existing LCCs in Pahala. Under State DOH rules,
LCCs are considered waste management wells and are regulated by the DOH UIC program.
Ongoing operation of LCCs is no longer allowed by EPA and their closure is mandated.
3.12 Flora
3.12.1 Existing Conditions
(a) All Alternative Sites
In August 2018, a botanical field study was undertaken along the streets and areas adjacent to
the proposed wastewater collection system and at the preferred location (Site 7) for the proposed
wastewater treatment and disposal facility. Botanical field studies were not conducted for Site 8
or Site 9; however, similar results to those for Site 7 might be expected since these sites are also
currently used for macadamia nut production. Appendix C shows the Biological Survey Report.
The area surveyed for the proposed collection system is along existing roadways within Pahala.
The survey in these areas indicated the vegetation was composed of maintained yards with
ornamental plants.
The field survey for the proposed 14.9-acre wastewater treatment and disposal facility at Site 7
indicated 52 species of vascular plants: two ferns, one gymnosperm, and 49 species of
angiosperms (flowering plants). Only two species (Ipomoea indica and Waltheria indica, 4 percent
of the total number of observed species) are regarded as native to the Hawaiian Islands and both
are indigenous (native, but also distributed elsewhere in the Pacific). Being widely distributed
indigenous species, neither is listed as threatened, endangered, or of any special concern.
The field study indicated no species of plants currently listed or proposed for listing under either
federal or State of Hawai'i endangered species regulations were present along the alignment for
the proposed wastewater collection system or at the preferred site (Site 7) for the wastewater
treatment and disposal facility. The field survey determined that federally delineated Critical
Habitat was not present in the Pahala area. No equivalent designation exists under State law in
Hawai'i.
The macadamia nut orchard at Sites 7, 8, and 9 is a valuable commercial botanical resource but
not an environmentally sensitive one. Similarly, the Cook pines (Araucaria columnaris) that line
Maile Street along the western border of Site 7 and elsewhere are considered an important part
of the community landscape element.
3.12.2 Impacts and Mitigation Measures
(a) All Alternative Sites
Based on the results of the botanical field study, construction of the new collection system and
new wastewater treatment and disposal facility is not likely to cause any adverse impacts on
federally or state-listed threatened, endangered, or special concern botanical species in the
Pahala area and would not impact federally delineated Critical Habitat. The Proposed Action
would require removal of several of the Cook pines (Araucaria columnaris) that line Maile Street
along the western border of Site 7. All other Cook pines found elsewhere would be retained with
no changes.
On April 23, 2018, as part of the pre-assessment consultation process, the U.S. Fish and Wildlife
Service (FWS) provided a letter with recommended measures to avoid and minimize impacts to
flora (see letter with reference number 01EPIF00-2018-TA-0275 in Appendix A). On February 15,
2019, EPA and the County of Hawai'i concluded consultation with FWS in accordance with
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Section 7 of the Endangered Species Act. This consultation did not identify any potential effects
to listed plants; however, the Proposed Action would adhere to additional biosecurity protocols
provided by FWS to prevent the introduction of invasive species (see 01EPI1F00-2019-1-0153 in
Appendix C-1).
Abandonment of the two LCCs and the existing wastewater collection system would not affect
flora within the affected areas.
(b) No-Action Alternative
The No-Action Alternative includes no modifications to the existing LCC system, and therefore
would not impact flora.
3.13 Fauna
3.13.1 Existing Conditions
(a) All Alternative Sites
Mammalian Survey:
In August 2018, a biological field survey was conducted for mammalian species at the preferred
site (Site 7). With the exception of the endangered Hawaiian hoary bat (Lasiurus cinereus
semotus), or ope'ape'a as it is known locally, all terrestrial mammals currently found on the Island
of Hawai'i are alien species, and most are ubiquitous. The biological survey was limited to visual
and auditory detection coupled with visual observation of scat, tracks, and other animal signs.
The survey identified no mammalian species within the survey area at Site 7. There was also no
indication that pigs (Sus scrofa) utilize the survey area, despite reports from the community that
the area is occasionally used for hunting. The biological survey report is included as Appendix C.
Biological field surveys were not conducted for Site 8 or Site 9; however, similar results to those
for Site 7 might be expected since these sites are also currently used for macadamia nut
production.
Avian Survey:
The biological field survey conducted in August 2018 also identified avian species in the Site 7
area. Six avian count stations were sited roughly equidistant from each other; two were placed
along the proposed wastewater collection system alignment and four were placed within the
proposed location for the 14.9-acre wastewater treatment and disposal facility at Site 7.
The avian survey found a total of 175 individual birds of 13 species representing nine separate
families. Avian diversity and densities were very low, which is consistent with the current site use
as a mature macadamia nut orchard with limited ground cover and few weedy or shrubby species.
All of the recorded avian species are established alien species. No native avian species were
recorded during this survey of Site 7. Biological field surveys were not conducted for Site 8 or Site
9; however, similar results to those for Site 7 might be expected since these sites are also
currently used for macadamia nut production.
The findings of the avian survey are consistent with the location of Site 7 (and Sites 8 and 9) and
the monoculture of macadamia nut trees present at all sites. The field survey report indicated that
endemic Hawaiian Petrel (Pterodroma sandwichensis) and Newell's Shearwater (Puffinus
newelli) have been recorded flying over the general area between April and the end of November
each year. The petrel is listed as endangered and the shearwater as threatened under both
federal and state endangered species statutes. As discussed in the August 2018 report, these
seabirds are susceptible to impacts from outdoor lighting, which can result in seabird
disorientation, fallout, and injury or mortality. Seabirds are attracted to lights and after circling the
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lights they may become exhausted and collide with nearby wires, buildings, or other structures or
they may land on the ground. Downed seabirds are subject to increased mortality due to collision
with automobiles, starvation, and predation by dogs, cats, and other predators. Young birds
(fledglings) traversing the project area between September 15 and December 15, in their first
flights from their mountain nests to the sea, are particularly vulnerable.
3.13.2 Impacts and Mitigation Measures
(a) All Alternative Sites
The field survey recorded no species of animals currently listed or proposed for listing under either
the federal or state endangered species statutes. The preliminary proposed site plan shows no
new infrastructure constructed above the existing tree line that could present a hazard to
waterbirds.
The operations building at the proposed wastewater treatment and disposal facility would include
down-shielded light fixtures mounted below the roof overhang. The light fixtures near the
headworks and ultraviolet light (UV) disinfection system would also be down-shielded. These
lights would be used only in the event of an emergency at night. All fixtures would meet
requirements for outdoor lighting as set forth in HCC 14 (General Welfare). These measures
would help avoid or minimize any potential adverse impacts to the Hawaiian Petrel and Newell's
Shearwater.
After construction of the wastewater treatment and disposal facility is completed, the new lagoons
would potentially attract various species of waterbirds, including the listed Hawaiian coot (Fulica
alai), the endemic sub-species of the Hawaiian stilt (Himantopus mexicanus knudseni), and
Hawaiian goose (Branta (=Nesochen) sandvicensis). Experience at other County wastewater
facilities with aerated lagoons (e.g., the Kealakehe wastewater treatment plant) has demonstrated
that the aerated lagoon wastewater treatment process can present a highly attractive breeding
area for local bird species.
On April 23, 2018, as part of the pre-assessment consultation process, the FWS provided a letter
with information on various avoidance and minimization measures to avoid adverse impacts to
listed species (see letter with reference number 01EPIF00-2018-TA-0275 in Appendix A). The
letter included measures for the Hawaiian hoary bat, the Hawaiian hawk (Buteo solitarius), and
Hawaiian goose. FWS also recommended further consultation to determine whether the lagoons,
despite their potential attractiveness to nesting seabirds, could represent a sub-optimal breeding
environment.
EPA and the County of Hawai'i concluded consultation with FWS in accordance with Section 7 of
the Endangered Species Act. On December 21, 2018, the designated non-federal representative
for consultations under Section 7 of the Endangered Species Act, on behalf of EPA and the
County of Hawai'i, requested concurrence from the FWS that the Pahala LCC Replacement
Project is not likely to adversely affect federally listed threatened and endangered species or
critical habitat. On February 15, 2019, the FWS provided a letter that concluded: "The Service
has analyzed potential impacts to listed species due to the implementation of [the] project. Based
on the inclusion of the avoidance and minimization measures listed above, the Service anticipates
that any potential impacts will be discountable or insignificant and therefore we concur that the
Pahala LCC Replacement Project may affect, but is not likely to adversely affect the endangered
Hawaiian hoary bat, Hawaiian Hawk, Hawaiian goose, Hawaiian Petrel, Band-rumped Storm-
Petrel [(Oceanodroma castro)], Hawaiian Stilt, and Hawaiian Coot, and the threatened Newell's
Shearwater" (see letter with reference number 01EPIF00-2019-I-0153 in Appendix C-1). The
Proposed Action would incorporate the avoidance and minimization measures cited in the FWS
letter, including (but not limited to) avoiding impacts to potential Hawaiian hoary bat habitat during
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the bat birthing and pup rearing season; conducting a Hawaiian hawk nest survey prior to any
work during the nesting season; avoiding activities near active nests; and avoiding nighttime
construction during the seabird fledging period. The FWS letter also includes suggestions for
biosecurity protocols to prevent the introduction of harmful invasive species into local natural
areas and areas with native habitat. These measures would be incorporated into the Proposed
Action.
The existing wastewater collection system is an aging system that has flaws and cracks that can
provide access to pests such as rats and cockroaches. When the new collection system is
installed, the existing system would be plugged, and the subsequent lack of use would reduce
available habitat and pest food sources. The new collection system would be more resistant to
developing cracks and openings, resulting in fewer opportunities for pests to access the sewer as
compared to the existing system.
Closure and abandonment of the existing LCCs would eliminate potential pest attractants. In
addition, the wastewater treatment and disposal facility would be located farther from the Pahala
community than the existing LCCs, thus conveying sewage to a more distant facility that would
incorporate design elements to reduce attractiveness to pests. These design elements would
include features such as appropriate removal and management of waste from screening
mechanisms to reduce food sources; use of aerators in lagoons to agitate water sources that
otherwise could attract mosquitoes; and intermittent dosing of effluent to avoid standing water in
groves. The Proposed Action would not be expected to contribute to pest-related concerns in
Pahala.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
fauna within the affected areas.
(b) No-Action Alternative
The No-Action Alternative includes no modifications to the existing LCC system, and therefore
would not be likely to impact fauna.
3.14 Air Quality
3.14.1 Existing Conditions
(a) All Alternative Sites
Ambient air quality standards (AAQS) have been established at both the national (NAAQS) and
state level for six criteria pollutants: carbon monoxide, nitrogen dioxide, sulfur dioxide, lead,
ozone, and particulate matter (PM10 and PM2.5). The state has also set a standard for hydrogen
sulfide. Hawai'i ambient air quality standards are comparable to the national standards, although
in some cases the Hawai'i standards are more stringent than the national standards, such as for
carbon monoxide. For some other parameters, such as particulate matter, the national standards
are more restrictive.
The DOH operates a network of air quality monitoring stations at various locations around the
state. In December 2016, the DOH issued the Annual Summary 2015 Air Quality Data report (the
most recent report) which provides the results from the network of air quality monitoring stations.
The DOH maintains a monitoring station at the Ka'u High School and Pahala Elementary School.
Established August 2007, the station was placed to monitor SO2 and PM2.5 from volcanic
emissions. Criteria pollutant levels remain below federal and state ambient air quality standards
throughout the state.
Existing air quality in the project area is affected mostly by air pollutants from vehicular, industrial,
natural and/or agricultural activities and processes. Also, volcanic emissions affect air quality on
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the Island of Hawai'i more than the other islands in the state. Since 1983, volcanic emissions from
eruptions of KTIauea Volcano have periodically affected the project area.
A recent analysis by the USGS shows the composition of volcanic smog (vog) depends on how
much time the volcanic plume has had to react with the atmosphere. In areas closer to the
volcano, such as Pahala, vog contains both aerosols and unreacted sulfur dioxide (SO2) gas. SO2
gas is colorless and invisible, but the tiny particles in vog create a visible light-colored haze by
scattering sunlight and thus reduce visibility.
Vog concentrations on the Island are primarily dependent on the amount of SO2 emitted from
KTIauea, the distance from the source vents, and the wind direction and speed on a given day.
From May through September, the main wind direction in the Hawaiian Islands is from the
northeast (trade winds) which occur about 80 to 95 percent of the time. Under trade wind
conditions, vog travels around the southern part of the island. Most of the vog stays below 6,000
to 8,000 feet above msl, the usual height of the trade wind inversion. This layer of the atmosphere
increases in temperature with altitude, inhibiting the rise of cooler, vog-laden air. When trade
winds are absent, which occurs most often during winter months, the entire Island, or even the
entire state can be affected by vog.
Volcanic eruptions are considered natural events and therefore EPA may exclude the
exceedances of the 1-hour NAAQS from attainment determinations.
Consistent with its rural nature, the Pahala area has no major stationary sources of air pollution.
Further, the low level of vehicle traffic on Mamalahoa Highway and on the streets in the community
limits mobile sources of emissions.
3.14.2 Impacts and Mitigation Measures
(a) All Alternative Sites
Short-term impacts on air quality could occur during construction of the proposed wastewater
collection system and the wastewater treatment and disposal facility. Short-term impacts from
fugitive dust emissions would likely occur during the construction phases. To a lesser extent,
exhaust emissions from mobile construction equipment, traffic disruption associated with
wastewater collection system construction, and from workers commuting to the construction site
may also affect air quality during the period of construction. State HAR, 11-60.1 (Air Pollution
Control) requires that there be no visible fugitive dust emissions at the property line. Hence, an
effective dust control plan would be implemented to ensure compliance with state regulations.
During construction, fugitive dust emissions would be controlled to a large extent by watering of
active work areas, the use of wind screens, keeping adjacent paved roads clean, and by covering
open-bodied trucks. Other dust control measures may include limiting the area that can be
disturbed at any given time and/or mulching or chemically stabilizing areas where construction is
not actively occurring. These dust control measures would be most applicable to construction
activities at the wastewater treatment and disposal facility project site.
After construction, motor vehicle traffic from County employees and others visiting the treatment
and disposal facility project site would be a minor source of increased air pollutant emissions. As
discussed in Section 3.17 (Traffic), management of the facility requires weekly visits by a single
operator based in Hilo and any intermittent visits for maintenance purposes. Given the low
ambient levels of pollutants and infrequent visits to the facility, any increases would not result in
exceedance of federal or state AAQS for the six criteria pollutants.
The treatment and disposal facility would have an emergency standby diesel-powered generator
for use during periods of outage of the commercial electrical service. The generator would also
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be operated periodically for testing to ensure proper operation. The operation and testing should
not cause an exceedance of air quality standards.
Wastewater treatment plants can be a source of nuisance odors to the surrounding community if
not properly designed or operated. Typically, nuisance odors are most commonly associated with
anaerobic (without oxygen) conditions and with processing of residual solids. Incoming raw
sewage flows to the proposed wastewater treatment and disposal facility would first be routed to
the headworks, which is the facility where the solids are removed from the flows.
As previously discussed, to mitigate potential nuisance odors, the headworks would be equipped
with an odor control system with a GAC scrubber to remove odor. A package GAC scrubber
passes the odorous air through a bed of activated carbon, which adsorbs the odorous constituents
within the pore spaces of the carbon. The County currently operates GAC scrubbers at other
facilities, and it has been proven to be an effective means of odor control both locally and
nationwide. The treatment lagoons would be equipped with mechanical aerators capable of
maintaining sufficiently aerobic (with oxygen) conditions within the water column, which would
prevent nuisance odor conditions from occurring under normal operating conditions. The disposal
groves would be irrigated with fully treated and aerobic secondary effluent from the treatment
process; irrigation with secondary effluent is not associated with development of nuisance odor
conditions.
Also, as previously discussed, the aerated lagoon plant design would not result in the migration
of aerosols outside of the site boundaries under normal operating conditions. In addition,
disinfection processes selectively kill pathogens or render them incapable of reproduction or harm
to humans. As outlined in the Preliminary Engineering Report (PER) Section 3.2 (Appendix B),
continuous disinfection of the treated effluent would be provided to protect human health and the
environment. The land application groves would incorporate a distribution system at the ground
surface which will not produce aerosols (Appendix B, Section 4.5.1).
Overall, construction and operation of the wastewater collection system and treatment and
disposal facility would not result in significant impacts to air quality of the Pahala area. Mitigation
measures would be implemented, as appropriate, to minimize any potential impacts. By locating
the facility at least 0.5 miles away from the developed area of the community (including the Ka'u
High School and Pahala Elementary School), the Proposed Action would provide a buffer to
mitigate potential concerns associated with nuisance odors or aerosol migration that could arise
outside of normal operating conditions.
Abandonment of the two LCCs and the existing wastewater collection system would not affect air
quality within the Pahala area.
(b) No-Action Alternative
The No-Action Alternative includes no modifications to the current LCC system, and therefore is
not likely to impact ambient air quality in the Pahala area. Historically, air quality in the Pahala
area has met ambient standards during operation of the LCCs.
3.15 ArchaeoSogicaS and Cultural Resources
3.15.1 Existing Conditions
(a) Preferred Alternative (Site 7)
A 2016 survey of available information identified the presence of one historic site in the immediate
vicinity of the proposed wastewater collection system. In Pahala, the Ka'u High and Pahala
Elementary School is listed on the State of Hawai'i register of historic places. No other historic
sites were identified within the areas planned for improvements.
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In November 2016, as part of the initial planning for LCC closure, the County contracted for a 1-
day archaeological field inspection of Site 7, including the preferred location for the proposed
wastewater treatment and disposal facility. The purpose of the inspection, which involved
pedestrian sweeps of the entire 42.5-acre parcel, was to determine if any historic properties or
significant archaeological features were present. The inspection report stated that it is apparent
that ground modifications undertaken during the plantation period destroyed any evidence of pre-
contact agriculture or settlement activities. Furthermore, bulldozing associated with the creation
of the macadamia nut orchard appears to have leveled any plantation-era land features.
The 2016 inspection identified surface artifacts as the only evidence of past human activity on
Site 7. Artifacts included a single traditional artifact as well as more numerous late post-contact
artifacts. The single traditional artifact was a crudely shaped discoidal hammerstone found on the
ground surface near the northern edge of Site 7 near Maile Street. No other cultural material
(either traditional or post-contact) was observed in this area, suggesting that the hammerstone
reflects an isolated artifact rather than a buried cultural deposit. Given the possible agricultural
activity that may have taken place in the region during the pre-contact period, it is not surprising
that a traditional artifact was found within the inspection parcel.
The 2016 inspection stated that, while the historical ground modifications have likely limited the
archaeological potential of the site, the discovery of both pre- and post-contact surface artifacts
within the 42.5-acre Site 7 parcel, as well as evidence from plantation-era documents that the
opening of a lava tube containing human remains once existed in the southeastern corner of the
parcel, indicate that further archaeological studies may be necessary by SHPD before any
development can be initiated. The 2016 inventory report stated that, at minimum, an
Archaeological Inventory Survey (AIS) was necessary to fully document, map, date and collect
the surface artifacts. It may also be necessary to test for the presence of subsurface cultural
deposits through hand excavation or mechanical trenching. The report also stated it would be
advisable to limit the development footprint to exclude the southeastern corner of the 42.5-acre
parcel.
Prior to conducting the AIS testing plan, SHPD needed to approve the AIS testing plan. To meet
this requirement, the County submitted the AIS plan to SHPD on March 22, 2018. On April 25,
2018, SHPD requested clarification. Responses were submitted to SHPD on July 31, 2018
including the findings from the 2016 field survey report and a map of the proposed wastewater
treatment and disposal facility. The map showed that the preferred site for the facility would avoid
the area in which the traditional artifact was found during the 2016 inventory.
On August 20, 2018, SHPD approved the AIS plan and, between September 18, 2018 and
January 10, 2019 a team of qualified archaeologists conducted a pedestrian survey of the
proposed project site and completed subsurface trenching to determine the presence of
archaeological resources. The work was undertaken in accordance with SHPD requirements, with
the AIS approach accepted by SHPD in their August 20, 2018 letter. The results of the survey
and subsurface trenching showed no burials or lava tube openings were identified on site. The
completed AIS submitted to SHPD in March 2019 documents that a sealed lava tube opening is
located east of the proposed wastewater treatment and disposal facility site, outside the proposed
property boundary, and outside of the area of potential effect considered in consultation with
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SHPD as required by Section 106 of the National Historic Preservation Act (NHPA). The AIS was
made available to the public on EPA and County websites.3 4
The AIS investigation was designed to comply with both federal and State of Hawai'i
environmental and historic preservation review requirements. Use of federal (EPA) funding means
that the project is a federal undertaking, requiring compliance with NEPA and Section 106 of the
NHPA. As a project utilizing County funds, the project is also subject to historic preservation
requirements found in HRS § 6E-8 and HAR § 13-275.
The AIS background research related to the collection system identified two properties that were
issued State Inventory of Historic Places (SIHP) designations for identification purposes—
specifically, the historic Wood Valley Road/Coastal Road corridor (SIHP # 50-10-69-31088) and
the historic Volcano Road corridor (SIHP # 50-10-69-31089). Both corridors were assessed as
significant under Criterion (d) for yielding important information for research on former rights of
way in the history of the Pahala community. The AIS stated that constructed elements of the
portions of these road alignments in the area of the collection system have been thoroughly
impacted by the development of modern roadways, becoming PTkake Street (SIHP # 50-10-69-
31088) and Maile Street (SIHP # 50-10-69-31089), in Pahala within the original corridors. Due to
the impacts and changes to these roads in Pahala over time, these historic properties only
maintain integrity of location of the old corridor. The AIS concluded SIHP #s -31088 and -31089
are not eligible for inclusion on the National Register of Historic Places or the Hawai'i Register.
As part of the AIS, the entire collection system and wastewater treatment and disposal facility
sites were covered in close pedestrian sweeps. The AIS found both project sites have been
completely altered by past residential/town and agricultural development. Historic remnants of the
sugar plantation are present throughout Pahala and surrounding the project sites, but these
remnants are all located outside the limits of the collection system and the treatment and disposal
facility sites.
The AIS confirmed no significant artifacts or cultural deposits were observed on the ground
surface within the proposed wastewater treatment and disposal facility site as the area
experiences ongoing disturbance by macadamia harvesting operations and stormwater runoff.
Further, no cultural deposits or lava tubes were encountered during the subsurface trenching.
Lastly, although outside of the area of potential effect considered in consultation with SHPD,
research conducted during the AIS showed a sealed lava tube opening is located east and outside
of the proposed wastewater treatment and disposal facility site.
On March 29, 2018, the County, as the EPA designated representative, initiated consultation for
this project pursuant to Section 106 of the NHPA. Consultation letters were delivered to invite
comments from organizations that may attach religious or cultural significance to properties
affected by the Proposed Action. A total of 14 letters were mailed to various Native Hawaiian
Organizations (NHOs) requesting comments (see Section 10); no responses have been
submitted to the County. The list of NHOs was generated by EPA for NHPA Section 106 and HRS
Chapter 6E compliance using the U.S. Department of the Interior, Office of Native Hawaiian
Relations, Native Hawaiian Organization Notification List (Updated December 4, 2017). The HRS
Chapter 6E determination and Section 106 review packet were submitted to SHPD with the Draft
3 On March 11, 2019, the AIS was posted on the EPA web site:
https://www.epa.qov/sites/production/files/2019~Q6/documents/cover~letter~
draft archaeological inventory survey pahala wwtp-optim-2019-08-11.pdf.
4 The AIS was made available for download from the County's website:
http://records.co. hawaii.hi.us/weblink/1/edoc/100962/Draft%20Archeoloqical%20lnventorv%20Survev%2
0-%20Pahala%20WWTP%20and%20Sewer%20Svstem.pdf.
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AIS on March 13, 2019. In addition, the County sent a letter to SHPD on October 9, 2019, again
requesting acceptance of the previously submitted Draft AIS findings.
On September 23, 2018, notice of availability of the Draft EA was published in the OEQC The
Environmental Notice. Subsequently, on September 26, 2018, a public notice was published in
the Hawaii Tribune Herald, West Hawaii Today newspapers, and the online Ka'u News Brief. The
public notice announced that a public information meeting was to be conducted by the County on
October 10, 2018 in Pahala at the Ka'u Gym Multi-Purpose Conference Room to discuss the Draft
EA as it related to DEM's compliance with HRS 343 requirements. A second part of the meeting
addressed Section 106 of the NHPA involving consultation with NHOs and Native Hawaiian
descendants with ancestral lineal or cultural ties to, cultural knowledge or concerns for, or cultural
religious attachment to the proposed project area. During the October 10 meeting, attendees were
invited to provide information about the proposed project area. Eight persons placed their names
on a sign-in sheet to contribute during the second part of the meeting related to Section 106;
however, no comments or information from the public were forthcoming during this meeting.
To request clarification of comments received on the Draft EA, a letter was sent to the Pele
Defense Fund requesting information about potential known lava tubes in the project area via
certified mail on November 14, 2018 but no response was received.
(b) Alternative Sites 8 and 9
Alternative Sites 8 and 9 have similar existing conditions for historical resources as presented
above. Although Sites 8 and 9 were not surveyed, they are both currently used as macadamia
nut orchards and thus would be expected to exhibit similar ground modifications as Site 7. The
ground modifications from the plantation period would have destroyed any evidence of pre-
contact agriculture or settlement activities, in addition to extensive disturbance from bulldozing
during creation of the macadamia nut orchard.
3.15.2 Impacts and Mitigation Measures
(a) Preferred Alternative (Site 7)
Based on the AIS, no properties eligible for inclusion on the National Register of Historic Places
or the Hawai'i Register are present within the area of potential effects for the Preferred Alternative,
and no significant artifacts or cultural deposits on the ground surface and no cultural deposits or
lava tubes were encountered during subsurface testing. Thus, in accordance with federal
regulations (36 CFR § 800.5), the AIS results support a determination of "no historic properties
affected." Further, under HRS § 6E-8 and in accordance with HAR § 13-275-7(a)(1), the County
of Hawai'i DEM's project effect determination is "no historic properties affected." Under 54 U.S.C.
§ 300308, the term "historic property" means any prehistoric or historic district, site, building,
structure, or object included on, or eligible for inclusion on, the National Register.
Based on the above, in accordance with 36 CFR § 800.4(d) EPA reached a finding of "no historic
properties affected for the project or undertaking." On September 26, 2019, EPA sent a letter to
SHPD to document their determination that no historic properties will be affected by the
undertaking and to request concurrence from SHPD. The potential for encountering unexpected
archeological resources within the site of the proposed treatment and disposal facility is low due
to historical ground modifications and ongoing harvesting activities; however, the Proposed Action
would incorporate appropriate mitigation measures should archeological resources be discovered
during construction. Specifically, the construction contract documents would state that, should
archeological features such as walls, platforms, pavement or mounds, or remains such as
artifacts, burial sites, or concentrations of shells or charcoal, be encountered during construction
activities, work shall cease immediately and the find shall be protected from further damage. The
contractor would immediately contact SHPD (at 808.981.2979), who would assess the
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significance of the find and recommend appropriate mitigation measures, if necessary. The AIS
and NHPA Section 106 consultation correspondence can be found in Appendix D and Appendix
D-1, respectively.
To date, SHPD has not responded to the County's Draft AIS submittal from March 13, 2019; the
EPA letter from September 26, 2019 requesting concurrence with the determination that no
historic properties will be affected by the undertaking; or the County's follow-up letter from October
9, 2019 requesting concurrence with the Draft AIS findings. In accordance with 36 CFR §
800.4(d)(1)(i) and as specified in the September 26 letter, because no response was received
within 30 days of SHPD receipt of the adequately documented finding, EPA has fulfilled their
Section 106 responsibilities for this undertaking. However, construction would not proceed until
SHPD has approved the Draft AIS.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
archaeological and cultural resources within the affected areas.
(b) Alternative Sites 8 and 9
Under these alternatives, the potential impacts to archaeological and cultural resources and the
necessary impact avoidance and minimization measures would likely be similar to those
described above for the Preferred Alternative (Site 7). If Site 8 or Site 9 are selected for
development, an AIS, including subsurface testing, would be conducted to confirm the presence
or absence of resources on the proposed wastewater treatment and disposal facility site. If
archaeological sites are discovered during construction, work would cease and SHPD would be
contacted (at 808.981.2979) to determine appropriate mitigation measures, if necessary. EPA
and the County of Hawai'i would consult with SHPD in accordance with Section 106 of the NHPA
and would incorporate impact avoidance and minimization measures as necessary to result in a
finding of no adverse effects to historic properties.
(c) No-Action Alternative
The No-Action Alternative would not result in any disturbance to land within the Pahala area and
is therefore not expected to have any adverse impacts on archaeological or cultural resources.
3.16 Socioeconomic Characteristics
3.16.1 Existing Conditions
(a) All Alternative Sites
In March 2017, the State of Hawai'i Department of Business, Economic Development and
Tourism released 2016 population estimates for the state and counties. This analysis estimates
that Hawai'i County had a resident population of 198,449 persons in 2016, which represents an
annual increase of 1.2 percent from 2010.
The U.S. Census Bureau provides the American Community Survey (ACS), which updates
selected demographic, social, and economic information for various years. This includes age,
racial composition, and economic information, including employment and household income by
Census Designated Place for several locations in Hawai'i County. The version of the ACS
referenced is the 2012-2016 5-Year Estimates, released in 2017. See Table 3.1 below.
The ACS shows the Pahala population has a similar age distribution to Hawai'i County, although
Pahala has a higher proportion of individuals in the "Under 5 to 19" age category, 28.5 percent
compared to 24.4 percent for the County. The median age for Pahala is 42.4 years compared to
41.8 years for the County.
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Overall, Pahala is characterized by a racial composition that includes a greater proportion of
minorities than the County at large. The racial distribution includes a much lower proportion of
White residents, a much higher proportion of Filipino residents, and lower populations of other
minority groups, including Native Hawaiians when compared to the County. There are also more
residents of two or more races in Pahala than in the County.
Pahala has a higher proportion of residents that have completed high school and some college
than the County overall, but a lower proportion with college degrees (bachelor's and graduate or
professional degrees). From an economic perspective, Pahala generally has more households in
lower income brackets than the County, and a lower median household income.
Lastly, Pahala had a higher proportion of employment in agriculture, forestry, fishing, hunting, and
construction (31.9 percent), and in education and health care (22.1 percent), compared to the
County (12.6 percent and 19.7 percent, respectively).
A subset of social resources is environmental justice. Environmental justice considers sensitive
populations, such as children, minorities, and low-income communities. Sensitive populations are
identified in two Executive Orders (EOs):
• EO 12898, Federal Actions to Address Environmental Justice in Minority and Low-Income
Populations, serves to avoid the disproportionate placement of adverse environmental,
economic, social, or health impacts from federal actions and policies on minority and low-
income populations.
• EO 13045, Protection of Children from Environmental Health Risks and Safety Risks,
states that federal agencies will identify and address environmental health and safety risks
from their activities, policies, or programs that may disproportionately affect children.
As noted above and in Table 3.1 below, Pahala has a higher proportion of low-income, minority,
and children residents as compared to the County as a whole. For purposes of this assessment,
and to correspond with the available ACS demographic characteristic data, "low income" is
defined as having a household income of less than $24,999; "minority" is defined as any race
population other than White; and "children" is defined as the "Under 5 to 19" age category.
3.16.2 Impacts and Mitigation Measures
(a) All Alternative Sites
In the short term, construction projects under the Proposed Action would require a number of
contractors and their subcontractors. Construction contract documents would reference HRS
103B, which requires the contractor (including subcontractors) to include not less than 80 percent
Hawai'i residents in the work force. This would limit the importation of workers from outside the
local area and the associated increase in demand for local housing.
The Proposed Action would generate employment as the contractor would need workers to
undertake construction of the improvements for the wastewater collection system and the
wastewater treatment and disposal facility. This employment would generate wages and salaries
paid to the contractor and subcontractor work forces. The wages and salaries paid to the work
force would in turn generate purchases of goods and services, which would result in taxes paid
to the State of Hawai'i. In addition, the contractor and their subcontractors would need to purchase
equipment, supplies, and materials, some of which would be purchased from local suppliers and
vendors. Direct purchases of equipment, supplies, and materials by the contractor would also
generate taxes. Overall, the Proposed Action would result in positive employment benefits which
would result in higher levels of income and overall economic benefits to the local economy.
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Table 3.1
Demographic, Economic, and Social Characteristics of Pahala and Hawai'i County
Pahala
Hawai'i County
Item
Total
Percent
Total
Percent
Demographic Characteristics
Total population
1,341
193,680
Under 5 to 19 years
382
28.5
47,258
24.4
20 to 34 years
193
14.4
34,475
17.8
35 to 59 years
306
22.8
61,978
32
60 to 74 years
367
27.4
36,993
19.1
75 years and over
94
7.0
13,170
6.8
Median age
42.4
41.8
Race
White
106
7.9
64,255
33.2
African American (incl. American Indian/Alaska Native)
0
0.0
1,897
1.0
Chinese
10
0.7
1,844
1.0
Filipino
484
36.1
17,794
9.2
Japanese
54
4.0
17,981
9.3
Other Asian
46
3.4
3,722
1.9
Native Hawaiian
50
3.7
20,980
10.8
Other Pacific Islander
18
1.3
4,725
2.4
Some other race
1
0.1
3,230
1.7
2 or more races
572
42.7
54,564
28.2
Social Characteristics
Less than 9th grade
98
10.9
3,681
2.7
High school to HS graduate
489
54.5
50,586
37.3
Some college to associate degree
204
22.7
43,761
32.3
Bachelor's degree
97
10.8
24,704
18.2
Graduate or professional degree
10
1.1
12,649
9.3
Household Income Characteristics
Less than $24,999
130
33.6
17,337
26.3
$25,000 to 49,999
73
18.9
13,615
20.6
$50,000 to $99,999
126
32.6
20,291
30.7
$100,000 to $199,999
48
12.4
12,201
18.5
$200,000 or more
10
2.6
2,563
3.9
Median household income
$47,625
$53,936
Employment Characteristics
Agriculture, forestry, fishing and hunting
120
26.2
3,713
4.4
Construction
26
5.7
6,806
8.2
Manufacturing and wholesale-trade
0
0
3,701
4.4
Retail trade
16
3.5
10,858
13.0
Transportation, warehousing, and utilities
14
3.1
4,250
5.1
Information tech, finance, insurance, and real estate
9
2.0
5,677
6.8
Professional, scientific, and technical services
48
10.5
8,709
10.4
Education and health care
101
22.1
16,437
19.7
Arts, entertainment, recreation
75
16.4
13,316
16.0
Other services, public administration
49
10.7
10,015
12.0
Source: 2012-2016 American Community Survey (5-Year Estimates) Hawai'i Geographic Area Profiles - Census
Designated Places: Neighbor Islands.
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The Proposed Action is not likely to directly impact long-term employment or education trends
because the wastewater operator would likely be based in Hilo or Kona, meaning the project
would not involve long-term relocation of any staff to Pahala. Additionally, the proposed
wastewater collection system and treatment and disposal facility would not be designed to
encourage or accommodate substantial population growth in Pahala.
Despite the relatively high proportions of low-income, minority, and children residents in Pahala
compared to the County overall, the Proposed Action would not result in disproportionately high
and adverse human health or environmental effects on these sensitive populations. As discussed
in Section 2.3.1 and Section 3.14.2, the design and location of the proposed wastewater treatment
and disposal facility would minimize odor and air quality impacts. Construction of the wastewater
collection system would result in intermittent and unavoidable noise from construction vehicles
and equipment within the Pahala community, including noise associated with the removal of
bedrock. However, as discussed in Section 3.18.2, construction activities within the community
would comply with provisions of HAR 11-46 (Community Noise Control). This includes obtaining
a noise permit for any activities that would generate noise exceeding the permissible sound levels
specified in HAR 11-46. The permit would limit excessive noise sources to daytime hours; would
require the use of best available control technology to control noise levels from excessive noise
sources; and would require the applicant to notify affected members of the public in advance of
any planned nighttime construction activity (which must not exceed the permissible sound levels).
Overall, the Proposed Action is expected to result in positive human health and environmental
effects to Pahala residents by providing a cleaner and longer-lasting wastewater treatment
system.
The financial impact of the project on individual newly accessible property owners (due to the
requirement to connect to the new wastewater collection system, per HCC § 21-5) was raised by
the community during the December 2017 public meetings and the October 2018 public meeting
for the Draft EA. Although not required by HAR 11-200, the County voluntarily convened an
additional public meeting on March 21, 2019 to gain further input from newly accessible property
owners and fulfill a County commitment made in October 2018 to research and provide financing
options available to owners of parcels that would become newly accessible to the County
collection system. Available programs discussed included:
• U.S. Department of Housing and Urban Development (HUD) with County of Hawai'i Office
of Housing and Community Development Residential Repair Program - Community Block
Grant Program, and
• U.S. Department of Agriculture - Rural Development (USDA-RD) Program.
As noted during the March 2019 presentation, these programs may change in the coming years
and additional options may be added to this preliminary list. Hawai'i Legislature, Senate Bill 221
SD1, which could amend HRS 342D to establish a low-interest loan program offering financial
assistance to cesspool owners to connect to wastewater treatment systems approved by the
DOH, was also discussed; however, this bill was subsequently not passed during the 2019
legislative session.
Abandonment of the two LCCs, which do not require substantial maintenance and operation, and
abandonment of the existing wastewater collection system would have no impact on
socioeconomic resources within Pahala.
(b) No-Action Alternative
The No-Action Alternative includes no modifications to the current sewage system, and therefore
is not expected to impact socioeconomic or demographic conditions in the Pahala area.
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3.17 Traffic
3.17.1 Existing Conditions
(a) All Alternative Sites
Mamalahoa Highway (State Highway Route 11) is the major north-south roadway for the Pahala
area. This minor arterial highway provides two lanes, one lane in each direction, and shoulders
within a 60-foot ROW. Pahala is located about 51 miles south of Hilo and has two major access
roads, Kamani Street on the northern end and Maile Street on the southern end.
In November 2010, State of Hawai'i Department of Transportation (DOT) conducted the most
recent traffic counts on Mamalahoa Highway at the Pa'au'au Bridge, mile marker 51.32, located
just north of Kamani Street. The counts provide 24-hour and peak-hour counts for traffic in both
directions. The 24-hour period counts show a total two-way volume of 2,449 vehicles, with 1,212
vehicles southbound and 1,237 vehicles northbound. The peak morning hours occurred between
7:00am to 8:00am and had a total two-way volume of 186 vehicles with 108 vehicles southbound
and 78 vehicles northbound. The peak afternoon hours occurred between 4:00pm to 5:00pm and
had a two-way volume of 219 vehicles with 104 vehicles southbound and 115 vehicles
northbound.
Within Pahala, vehicle traffic primarily occurs on streets under the jurisdiction of the County of
Hawai'i. The streets typically carry two-way traffic, one lane in each direction, within roadways
with improved surfaces of 22 to 24 feet wide with no curbs and sidewalks. The shoulders consist
mostly of grass swales which also serve to carry surface runoff along with the streets. These
roadways carry vehicle traffic from adjacent and nearby residential areas. As a result, the traffic
volumes are relatively low, which is consistent with traffic generation by a rural community.
The wastewater collection system and the wastewater treatment and disposal project site are
located outside of the Mamalahoa Highway ROW.
3.17.2 Impacts and Mitigation Measures
(a) Preferred Alternative (Site 7) and Alternative Site 8
Under these two alternatives, the wastewater collection system and the wastewater treatment
and disposal facility would be located outside of the Mamalahoa Highway ROW and would not
require any disturbance or other impacts within the Mamalahoa Highway ROW. However, work
on the collection system would require excavation of open trenches within the ROWs of several
other roads within the Pahala community (Maile, 'llima, Huapala, HTnano, Hala, Puahala, PTkake,
and Kamani Streets). The contractor would be required to obtain permits to work within the County
ROW and implement traffic control plans in the area of each open trench site that provide
procedures for controlling traffic in the work area, including the placement of Manual on Uniform
Traffic Control Device compliant signs, traffic delineators or barriers, lane closures, flaggers to
direct traffic, and special duty officers to oversee conditions at the site. The traffic control plans
would provide directions to temporarily divert traffic or close travel lanes during the construction
period and would include measures to allow for emergency access during construction. Normally,
such plans call for these diversions or closures during non-peak travel times to minimize
disruptions to traffic flow. Typically, one traffic lane is kept open for two-way traffic during working
hours and two lanes are kept open after hours. When not in use, trenches would be covered with
steel plates or surrounded by traffic barriers to prevent accidents. The County would be required
to approve any traffic control plans. Any scheduled road closures would be required to be
coordinated at least two weeks in advance with the Police Department for County approval.
Additionally, the County would coordinate with the DOE Student Transportation Services Branch
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Manager and the School in order to minimize construction-related impacts to student
transportation services.
Construction of the proposed wastewater treatment and disposal facility would require transport
of construction equipment and supplies to the construction site, including excavators and other
heavy equipment. Deliveries to the construction site could require temporary stoppage of traffic
on Maile Street to safely unload equipment and supplies. To minimize traffic disruptions,
contractors typically try to conduct these activities during off-peak traffic hours. No long-term road
closures would be required.
The wastewater treatment and disposal facility would require only weekly visits by a single
operator based in Hilo or Kona and intermittent visits for maintenance purposes. As such, no
impacts to traffic are expected from wastewater treatment and disposal facility staff. Sludge
removal would occur approximately every 20 years, so no impacts to traffic are expected due to
truck activity associated with sludge removal.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
transportation within the Pahala area.
Information regarding project schedules, including EPA compliance dates, project updates and
milestones, can be found on the EPA website at: https://www.epa.gov/uic/countv-hawaii-
administrative-order-consent-closure-cesspools-pahala-and-naalehu. The County will also
provide information about the construction schedule for the treatment and disposal facility and the
collection system to the DOE Facilities Development Branch Public Works Administrator on
request.
(b) Alternative Site 9
Transportation impacts under this alternative would be identical to those for the Preferred
Alternative (Site 7) and Site 8, except it would require construction of piping and other utilities
within the Mamalahoa Highway ROW to provide connections to the new wastewater treatment
and disposal facility in Site 9. This would require obtaining an easement from the State DOT for
work within the highway ROW and could delay the start of construction.
(c) No Action Alternative
The No-Action Alternative would not impact traffic in the Pahala area because no modifications
to the current system would be made.
3.18 Noise
3.18.1 Existing Conditions
(a) All Alternative Sites
The A-weighted decibel scale (dBA) is a logarithmic scale generally used to measure noise levels
because it can account for the sensitivity of the human ear across the frequency spectrum. The
Occupational Safety and Health Administration (OSHA) regulates workplace noise with standards
for two different types of noise: constant and impulse. The OSHA limit for constant noise is 90
dBA for eight hours; however, the National Institute for Occupational Safety and Health
recommends a constant noise limit of 85 dBA for eight hours to minimize hearing loss induced by
occupational noise. The OSHA maximum sound level for impulse noise is 140 dBA. In areas
where workplace noise exceeds these sound levels, employers must provide workers with
personal protective equipment to reduce noise exposure.
HAR 11-46 (Community Noise Control) sets forth various permissible sound levels by zoning
districts or land uses. According to HAR § 11-46-3 and § 11-46-4, Class A zoning districts include
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all areas equivalent to lands zoned as residential, conservation, preservation, public space, open
space, or similar type. Class B zoning districts include all areas equivalent to lands zoned for
multi-family dwellings, apartment, business, commercial, hotel, resort, or similar type. Class C
zoning districts include all areas equivalent to lands zoned agriculture, country, industrial, or
similar type.
All alternative sites for the proposed wastewater treatment and disposal facility are in Class C
zoning districts. The proposed wastewater collection system would primarily be located in Class
A zoning districts. The maximum permissible sound levels in each zoning district are presented
below in Table 3.2 and apply to stationary noise sources and equipment related to agricultural,
construction, industrial activities.
Table 3.2
Permissible Sound Levels by Zoning District
Zoning District
Daytime:
7am to 10pm
Nighttime:
10pm to 7am
Class A
55 dBA
45 dBA
Class B
60 dBA
50 dBA
Class C
70 dBA
70 dBA
HAR 11-46 recognizes that construction noise must often exceed the established permissible
sound levels and provides procedures by which an applicant may obtain a noise permit from DOH
for excessive noise sources. The DOH may consider several factors in determining whether to
grant the noise permit, including (but not limited to) the use of best available control technology
to control noise levels; the extent and impact of nighttime activities; notification of the public of
planned nighttime construction activity; and whether the noise emitting activity is in the public
interest.
According to HAR § 11-46-5(4) (Exemptions), the operation of emergency generators can be
exempted if they are installed and used as required for the purpose of protecting public health
and safety.
There are no current significant sources of noise impacting the proposed project areas. The
proposed wastewater treatment and disposal facility would be located in active macadamia nut
orchards where the primary source of noise is ongoing orchard operations. The proposed
wastewater collection system would primarily be located in residential areas with background
noise levels typical of a residential zone.
3.18.2 Impacts and Mitigation Measures
(a) All Alternative Sites
In the short term, noise levels would increase in the Pahala area due to construction activities
along the wastewater collection system and at the site of the proposed wastewater treatment and
disposal facility. Noise is expected to be intermittent and unavoidable because construction
vehicles and heavy equipment generate noise as part of normal operations. Mitigation of noise
from construction activities to inaudible levels is not practical in all cases due to the intensity and
exterior nature of the work. Depending on the results of geotechnical surveys, construction of the
collection system and the wastewater treatment and disposal facility could involve excavation to
a depth that would require removal of bedrock. If necessary, this would likely be accomplished by
using backhoe-mounted hydraulic and/or pneumatic hammers to break up the bedrock for
removal, resulting in temporarily elevated impulse noise levels.
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Construction activities for the Proposed Action would need to comply with provisions of HAR 11-
46 (Community Noise Control). The majority of construction activity would occur during daytime
hours, and construction at the site of the proposed wastewater treatment and disposal facility is
not expected to result in exceedances of the 70 dBA Class C zoning district noise threshold
outside of the property boundary or in residential areas. However, construction of the collection
system would take place near residences in the Pahala community. The construction contractor
would be required to obtain a noise permit for any activities that would generate noise exceeding
the permissible sound levels specified in HAR 11-46. The permit would limit excessive noise
sources to daytime hours; would require the use of best available control technology to control
noise levels from excessive noise sources; and would require the applicant/contractor to notify
affected members of the public in advance of any planned nighttime construction activity (which
must not exceed the permissible sound levels). Further, the Noise Reference Manual, Big Island
Edition also limits the use of certain types of equipment to hours of 9:00 a.m. to 5:30 p.m. Monday
to Friday. DOH would be expected to grant the noise permit because the Proposed Action is in
the public interest. After a permit has been issued, the contractor may request a modification the
permit.
Construction contract documents would require that workers are provided with, and wear,
appropriate personal protective equipment to reduce noise exposure to below the OSHA
maximum sound level.
After construction, the proposed wastewater treatment and disposal facility is not expected to be
a significant source of additional ambient noise during routine operation. Operational noise would
be confined to the aerators within the lagoons, emergency generator operation, and vehicle
movements at the facility. HAR 11-46-5(4) exempts operation of emergency generators from the
provisions of HAR 11-46 when installed and used as required and necessary for the protection of
public health and safety, provided the best available control technology is implemented.
Emergency generator operation would occur only during emergencies and periodic testing and
thus would be infrequent. In addition, construction and operation of the proposed wastewater
treatment and disposal facility would not be anticipated to have any direct or indirect noise impact
on the Ka'u High School or Pahala Elementary School, due to the distance between the proposed
facility and the schools. Therefore, the Proposed Action is not likely to create an adverse impact
to the noise environment in the Pahala area.
Abandonment of the two LCCs and the existing wastewater collection system would not affect the
noise environment in the Pahala area.
(b) No-Action Alternative
The No-Action Alternative involves no construction activities or changes to the current system.
Therefore, no impacts to the noise environment in the Pahala area would occur.
3.19 Visual Considerations and Light Pollution
3.19.1 Existing Conditions
(a) All Alternative Sites
The February 2005 County General Plan identified a number of sites as important visual
resources contributing to the natural beauty of the Ka'u District. These visual resources typically
consist of scenic resources including major land forms, open spaces, viewing points, scenic
drives, and other physical features. The natural beauty of the landscape in the southern part of
the Ka'u District is characterized by vistas from the mountain slopes to the oceans. The coastline
is highlighted by Manuka Bay, Green Sands Beach, and Punaluu Black Sand Beach. Some of
the natural beauty sites identified in the Ka'u District most pertinent to the Pahala area include: 1)
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view of Mauna Loa from the highway; 2) scenic view of the shoreline between Pahala and
Punaluu; and 3) the lava flows of 1868, 1887, and 1907.
The Pahala community consists almost entirely of single-family residential units and the related
utility lines that service the homes. Generally, residential units are set back from the adjacent
roadway so the views of nearby areas are not obstructed.
Exterior lighting is often used to enhance the safety and security of persons and property.
Excessive and inappropriate exterior lighting, however, can generate light pollution. As described
in Section 3.13.1, outdoor lighting can also result in adverse effects to seabirds by attracting them
at night and causing disorientation, fallout, and injury or mortality. The County of Hawai'i regulates
outdoor lighting under HCC Section 14-50. Streets in the Pahala community are lined with street
lights mounted on utility poles. The three alternative sites for the proposed wastewater treatment
and disposal facility (Sites 7, 8, and 9) are used for macadamia nut production, with no existing
outdoor lighting.
3.19.2 Impacts and Mitigation Measures
(a) Preferred Alternative (Site 7)
The Proposed Action is not expected to adversely affect the views or viewsheds identified in the
County General Plan. The wastewater collection system would be installed below the streets and
therefore would not impact views. The operations building, headworks cover structure, UV
disinfection system cover structure, and low berms or walls around the basins would be the only
above-grade structures and would not exceed 25 feet in height. The existing Cook pine trees
along Maile Street, most of which would remain with no changes, would continue to obstruct the
viewplanes from Maile Street. The facility site would be adjacent (mauka) to, and visible from,
Mamalahoa Highway (State Route 11); however, impacts to the viewplane would be mitigated by
the planted trees in the disposal groves and by the rise in elevation between the highway and the
facility.
Exterior lighting at the proposed wastewater treatment and disposal facility would be designed in
accordance with HCC Section 14-50 and would be limited to manually switched lights under the
roof overhang at the entrance to the operations/electrical building, at the headworks area, and at
the UV disinfection system. Lights would be installed with down-shielding to prevent excess light
pollution. When authorized personnel are not present on site, lights would not be on. Also, per
consultation with FWS to avoid impacts to seabirds, nighttime construction activities would not
take place during the seabird fledging period (September 15 to December 15). In addition,
construction and operation of the proposed wastewater treatment and disposal facility would not
be anticipated to have any direct or indirect visual impacts on the Ka'u High School or Pahala
Elementary School, due to the distance between the proposed facility and the schools.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
visual resources or light pollution within the affected areas.
(b) Alternative Sites 8 and 9
Under Alternative Sites 8 and 9, the visual and light pollution impacts and mitigation measures
would be similar to those discussed above for the Preferred Alternative (Site 7). Pine trees would
be maintained between the wastewater treatment and disposal facility and public views from the
adjacent streets to minimize visual impacts, except where necessary to accommodate the
driveway into the facility. The planted trees in the proposed slow-rate land application basins
would partially replace removed trees and exterior lighting at the facility would be minimal.
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(c) No-Action Alternative
The No-Action Alternative would not change the current conditions in the Pahala area and no
visual impacts would occur.
3.20 Public Services - Police Protection
3.20.1 Existing Conditions
(a) All Alternative Sites
The Hawai'i County Police Department provides police services to the Ka'u District, which
includes Pahala and other nearby communities. A single police station is located in Na'alehu,
which serves the entire Ka'u District. The Ka'u Patrol District encompasses 700 square miles and
is bound by the Kona District at Kaulanamauna and the Puna District at Keauhou Landing. Its
officers operate out of a central station in Na'alehu and a substation in Hawai'i Ocean View
Estates subdivision.
3.20.2 Impacts and Mitigation Measures
(a) All Alternative Sites
The Proposed Action is expected to create no additional demand for police protection and related
services since it will not increase the resident population or visitors to the area. The Proposed
Action should have minimal impact on the police department's operations or ability to provide
adequate protection services to the surrounding community. If necessary, off-duty police staff may
be hired to assist with directing traffic during construction activities.
Operation of the proposed wastewater treatment and disposal facility is not expected to impact
the Police Department. The facility would have a security fence around the perimeter with a locked
entry gate.
Abandonment of the two LCCs could reduce the need for police protection services to handle
public health threats in the event that there is damage to the LCCs (e.g., from volcanic or seismic
activity). Otherwise, abandonment of the two LCCs and the existing wastewater collection system
would not affect police protection services in the County.
(b) No-Action Alternative
The No-Action Alternative would not impact police protection services due to continued operation
of the existing LCCs. In the event that there is damage to the LCCs from some unforeseen event
(e.g., volcanic or seismic activity), police protection services may be required to handle public
health threats resulting from damage to the LCCs.
3.21 Public Services - Fire Protection
3.21.1 Existing Conditions
(a) All Alternative Sites
Fire protection and related services are provided from a fire station located in Pahala. The station
and a volunteer station provide 24-hour fire protection and emergency medical services (EMS).
The County has contracted with the State DOH for emergency medical ambulance services.
3.21.2 Impacts and Mitigation Measures
(a) All Alternative Sites
The proposed wastewater treatment and disposal facility would include a fire protection line to be
used in the event of a fire. The emergency generator would include a double-walled diesel fuel
tank of a type allowed by the County. The Proposed Action would not affect the operations of fire
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protection and EMS services in Pahala and the proposed wastewater treatment and disposal
facility would not require additional fire protection services on site. The construction plans would
be submitted to the Fire Department for review during the project design phase.
The treatment and disposal facility would be designed according to National Fire Prevention
Association (NFPA) 820 "Standard for Fire Protection in Wastewater Treatment and Collection
Facilities." In accordance with Hawai'i Fire Department requirements, Fire Department access
and water supply to the proposed Site 7 would be designed to comply with Chapter 18 of NFPA
2006 Uniform Fire Code as amended by the County.
Abandonment of the two LCCs could reduce the need for fire protection services to handle public
health threats in the event that there is damage to the LCCs (e.g., from volcanic or seismic
activity). Otherwise, abandonment of the two LCCs and the existing wastewater collection system
would not affect fire protection services in the County.
(b) No-Action Alternative
The No-Action Alternative would not impact fire protection services due to continued operation of
the existing LCCs. In the event that there is damage to the LCCs from some unforeseen event
(e.g., severe flood, volcanic or seismic activity), fire protection services may be required to handle
public health threats resulting from damage to the LCCs.
3.22 Infrastructure - Water System
3.22.1 Existing Conditions
(a) All Alternative Sites
The County of Hawai'i Department of Water Supply (DWS) provides water service to the Pahala
community from groundwater sources. The water lines are primarily located along or under the
roadways in the area. In response to the pre-assessment notification, on April 5, 2018, the DWS
noted that the wastewater treatment and disposal facility site is not serviced by the DWS. The
nearest point of connection to the DWS system is at an existing 6-inch waterline at the intersection
of Huapala Street and Maile Street, approximately 2,000 feet northeast of Site 7. Sites 8 and 9
are an additional 1,600 to 3,200 feet, approximately, from the DWS connection point.
All alternatives would be designed according to NFPA 820 "Standard for Fire Protection in
Wastewater Treatment and Collection Facilities." In accordance with Hawai'i Fire Department
requirements, Fire Department access and water supply to the proposed Site 7 would be
designed to comply with Chapter 18 of NFPA 2006 Uniform Fire Code as amended by the County.
3.22.2 Impacts and Mitigation Measures
(a) Preferred Alternative (Site 7)
The proposed wastewater treatment and disposal facility would require new potable water and
fire protection lines. Water would be provided by extending the existing DWS water main and by
installing a service line to connect the new facility (specifically, the headworks operations building)
to that extended water main. The lines would require trenching, primarily on Maile Street, and
construction plans would identify the horizontal and vertical clearances required to avoid existing
water system and collection system lines. As required by DWS, construction plans would show
the estimated maximum daily water usage calculations prepared by a professional engineer
licensed in the State of Hawai'i. After review of the calculations, DWS would determine if enough
water is available and a water commitment could be issued.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
water system infrastructure in Pahala.
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(b) Alternative Sites 8 and 9
Under Alternative Sites 8 and 9, the water system infrastructure impacts and mitigation measures
would be similar to those described above for the Preferred Alternative (Site 7). Compared to Site
7, approximately 1,600 feet of additional pipe within the ROW of Lower Maoula Road would need
to be installed to provide Site 8 with potable water and fire protection lines. To provide Site 9 with
potable water and fire protection lines, approximately 3,200 feet of additional pipe within the ROW
of Maile Street and across Mamalahoa Highway would need to be installed.
(c) No-Action Alternative
The No-Action Alternative includes no modifications to the existing water infrastructure, and
therefore would not cause any impacts to the water system in Pahala.
3.23 Infrastructure - Drainage System
3.23.1 Existing Conditions
(a) Preferred Alternative (Site 7)
There is no existing County stormwater drainage system in Pahala. Existing stormwater runoff
from the Pahala District generally collects along the paved roadways within each subdivision and
sheet flows towards Mamalahoa Highway, then disperses into open swales or grassed areas.
Current drainage patterns at the preferred site (Site 7) are influenced by two existing culverts that
allow stormwater to flow across the Mamalahoa Highway in the vicinity of the proposed
wastewater treatment and disposal facility, as depicted in Figure 3.4. The first is a box culvert
located at the intersection with Maile Street that conveys stormwater under the highway. The
second culvert is located approximately 600 feet east of the Maile Street intersection and was
used to convey sugar mill flume water across the highway for disposal. The site slopes from
approximately north to south (mauka to makai) such that, during rain events, surface flows pass
through the existing orchard to the southern (makai) end where the flows eventually drain through
the culvert at the Maile Street-Mamalahoa Highway intersection to the areas below (makai) the
highway. Most of the land surface area below the existing macadamia nut orchard contains little
to no vegetation to absorb or slow these flows. The gradient of Site 7 and surrounding area results
in this natural pattern of surface flows which also existed when the area was planted in sugar
cane and is not considered flooding.
(b) Alternative Sites 8 and 9
Similar to Site 7, Alternative Sites 8 and 9 slope from approximately north to south (mauka to
makai) such that, during rain events, surface flows pass through the existing orchard to the
southern (makai) end. For Site 8, the flows are eventually interrupted by Mamalahoa Highway
where they may be diverted to other culverts along the road to the areas below (makai) the
highway. The unnamed branch of Hi'onamoa Gulch crosses the Site 8 parcel from northwest to
southeast near the center of the parcel and creates a depression or incision in the topography
that may influence site drainage.
For Site 9, the surface flows pass through the existing orchard and continue downgradient to
areas south of Site 9 that contain a larger extent of the same orchard. Two unnamed south-flowing
branches of Hi'onamoa Gulch cross portions of the Site 9 parcel. Also, an unnamed east-flowing
branch of Pa'au'au Gulch originates in the Site 9 parcel near the southeast boundary of the Site
7 parcel; this branch flows into Pa'au'au Gulch approximately 4,000 feet east of the Site 9 parcel.
These features also influence the topography and existing drainage at Site 9.
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N
A
0 100 200 300 400
Figure 3.4. Stormwater Culverts Near Site 7
3.23.2 Impacts and Mitigation Measures
(a) Preferred Alternative (Site 7)
The Proposed Action would incorporate appropriate stormwater and erosion control measures in
accordance with approved plans to ensure that soil erosion and transport during construction
activities are minimized. Construction of the proposed wastewater collection system would require
trenches for new lines, and silt fences or filter socks would be used to minimize runoff from the
disturbed area. The proposed wastewater treatment and disposal facility would include an on-site
drainage system to address stormwater surface runoff caused by new impervious surfaces at the
facility. The site would include a system to collect runoff via grated inlets or swales, and flows
would be conveyed to on-site drainage detention systems, such as subsurface linear infiltration
or depressed detention basins. Landscape buffers with dirt berms would also be constructed
around most of the perimeter of the facility to act as secondary containment in the event of a large
storm event. The on-site stormwater management system would meet the requirements of HCC
§ 27-20, which mandates drainage plans to accommodate runoff caused by the facility for a design
storm event.
To meet the requirements of HCC § 27-20 (f), the project "shall not alter the general drainage
pattern above or below the development." Thus, for the design storm event, no increase in flow
amount would be directed to either of the culverts at the highway as a result of the site
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development. A drainage study would be prepared during the design process to evaluate the
improvements necessary to comply with HCC 27 requirements. Construction of the wastewater
treatment and disposal facility would create an increase in impervious areas; however, the County
standards are intended to protect nearby properties and areas from runoff from a developed area,
thus adherence to the County standards would prevent adverse impacts to surrounding properties
from new development.
The wastewater treatment processes would be designed to accommodate peak flows, including
precipitation that falls on the area occupied by the aerated lagoon treatment system. The PER
Section 2.2 (Appendix B), outlines the anticipated peak wastewater flows from the community,
based on the applicable flow standard. Sufficient operational freeboard would be available to
contain and to equalize lagoon flows. In addition, the slow-rate land application groves would be
designed to completely contain both peak effluent flows and precipitation from a 100-year, 24-
hour storm event. A geotechnical engineering assessment of berm stability would be conducted
during the design process.
The tree groves would be designed in accordance with EPA's "Process Design Manual, Land
Treatment of Municipal Wastewater Effluents." Effluent would be applied at a hydraulic loading
rate that is a small percentage of the percolation rate of the soil, ensuring sufficient capacity for
assimilation of peak effluent flow rates and precipitation from the design storm event and ensuring
that design flows would not impact surrounding properties.
Stormwater runoff generated mauka of the wastewater treatment and disposal facility would be
directed around the perimeter of the site via diversion swales that convey flow back to the existing
drainage pattern that flows to the existing culvert at the Maile Street and Mamalahoa Highway
intersection. During heavy rain events, stormwater may temporarily back up behind the culvert.
Based on the roadway flooding concerns expressed by the community during the Pahala public
information meetings held in December 2017 and October 2018, the State DOT Hawai'i District
office was contacted to discuss drainage at the facility site and the culvert at the Maile Street and
Mamalahoa Highway intersection. On February 20, 2019, the District office confirmed via
telephone that the DOT owns and maintains the culvert and that they have no record of the
roadway being inundated by stormwater drainage at the Maile Street and Mamalahoa Highway
intersection during precipitation events. There would be no changes to this culvert under the
Proposed Action and the proposed facility would not be located within the area of the culvert.
Figure 2.3 shows the intersection of Maile Street and Mamalahoa Highway lies at about 580 feet
above msl. Figure 2.2 shows the Pa'au'au Gulch crosses under Mamalahoa Highway about 0.88
miles north of that intersection at approximately 780 feet above msl or about 200 feet higher in
elevation than the culvert at the Maile Street and Mamalahoa Highway intersection. Due to this
distance and the elevation difference, surface flows at Site 7 would not affect the gulch. Similarly,
the Kaimani Street and Mamalahoa Highway intersection lies about 0.84 miles north of the
proposed facility and at about 780 feet above msl. Surface flows at the facility would also not
affect that intersection.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
drainage or runoff in the affected areas.
(b) Alternative Sites 8 and 9
Under Alternative Sites 8 and 9, the stormwater drainage infrastructure impacts and mitigation
measures would be similar to those described above for the Preferred Alternative (Site 7). The
wastewater treatment and disposal facility design would incorporate appropriate stormwater and
erosion control measures similar to those above. However, additional drainage design
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considerations or erosion control measures may be needed in order to prevent stormwater runoff
from impacting the unnamed branches of Hi'onamoa Gulch that intersect both Sites 8 and 9.
(c) No-Action Alternative
The No-Action Alternative would not result in a change to the impervious area within or near
Pahala and would therefore not lead to an increase in runoff or other impacts to drainage in the
area.
3.24 Infrastructure - ESectricaS and Communications Systems
3.24.1 Existing Conditions
(a) All Alternative Sites
Electrical services to the Pahala area are provided by Hawaiian Electric Light Company (HELCO)
via pole-mounted overhead lines located along the roadways within the community. The HELCO
lines are located along Mamalahoa Highway, leading to a substation west of the intersection of
Kamani Street and the highway.
Hawaiian Telcom is the primary telecommunications provider within the County of Hawai'i and
has overhead lines for telephone service in the Pahala community.
3.24.2 Impacts and Mitigation Measures
(a) All Alternatives
The wastewater treatment and disposal facility would require electrical power. The natural
treatment systems proposed require relatively low energy input as compared to other treatment
options evaluated. It is anticipated that HELCO would bring overhead power lines to the selected
site and supply 480-volt, 3-phase power to the facility via a pole-mounted transformer. This would
be connected to a service panel with a meter. The floating surface aerators would consume the
majority of the electricity supplied to the site. An electrical room would house the electrical gear
and plant control equipment. Exterior lighting at the site would be limited to manually switched
lights at the entrance to the operations/electrical building and at the headworks area. A standby
power system would be provided in the form of a diesel generator and aboveground fuel tank with
capacity to support three consecutive days of operation. In addition, the electrical service panel
would be equipped with a manual transfer switch and generator receptacle to allow connection of
a portable trailer-mounted generator in the event of emergency generator failure during an
extended power outage.
A land-line and/or cellular telephone telemetry system would be used to connect the wastewater
treatment and disposal facility to DEM and facilitate communication with staff in Hilo or Kona.
To avoid damaging existing buried infrastructure during construction, the construction contractor
would be required to call the one-call center prior to any construction activities to allow
demarcation of underground utilities to occur.
Abandonment of the two LCCs and the existing wastewater collection system would not affect
electrical and communications infrastructure in the area.
(b) No-Action Alternative
The No-Action Alternative would not require any electrical power and includes no construction
activities that could disrupt buried utility infrastructure. Therefore, no impacts to electrical and
telecommunications infrastructure would occur.
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4 CUMULATIVE EFFECTS
The Proposed Action (construction of a new wastewater treatment and disposal facility and a new
collection system, closure of existing large capacity cesspools (LCCs), and connection of newly
accessible properties to the sewer system), in combination with other past, present, or reasonably
foreseeable actions at or near Pahala, could contribute to cumulative improvements and impacts
on certain environmental resources. Cumulative effects can result from individually minor but
collectively significant actions taking place over a period of time.
4.1 Scope of Analysis
This section identifies the other past, present, or reasonably foreseeable actions at or near Pahala
that were considered and evaluated in this cumulative improvements and impacts analysis.
4.1.1 Geographic Scope of Analysis
The extent of the cumulative effects analysis is generally limited to the geographic/natural
boundaries of the affected resource areas. The Council on Environmental Quality (CEQ)
handbook on Considering Cumulative Effects Under the National Environmental Policy Act
indicates that the geographic extent for this analysis should be defined on a case-by-case basis
and is dependent on the affected resources (CEQ, 1997).
In defining the geographic scope for consideration of cumulative effects, the U.S. Environmental
Protection Agency (EPA) considered the resources that would be affected by the Proposed Action
(i.e., within the project impact zone); the type and intensity of those effects; and whether those
affected resources extend beyond the project impact zone. As discussed throughout Section 3,
the effects of the Proposed Action would generally be limited to the footprint of the project and
the immediate vicinity, plus minor transportation-related impacts during construction; the
Proposed Action would not adversely affect historic properties or protected species; it would not
adversely affect surface waters that are part of a larger watershed (other than potential for
temporary, minor construction-related runoff impacts that would be mitigated by adherence to
BMPs); and the affected macadamia nut orchard is not part of a larger forest parcel that provides
valuable habitat. Based on these considerations, EPA limited this cumulative effects assessment
to include past, present, and reasonably foreseeable actions located within the Pahala community
or within 1 mile of the proposed location of the wastewater treatment and disposal facility. This
scope is expected to more than fully encompass the full extent of resource areas that would
potentially experience discernable effects from the Proposed Action and is commensurate with
the type and intensity of the effects of the Proposed Action.
The community of Na'alehu, located approximately 11 miles southwest of Pahala, is also
considering options for closure of LCCs and development of a new wastewater treatment system.
The Na'alehu Large Capacity Cesspools Closure Project (Na'alehu Project) is similar in concept
to the Proposed Action in that it proposes the closure of existing LCCs and the construction of a
new system for a similarly sized community. EPA analyzed whether this and other similar projects
throughout the Ka'u District would have the potential to affect the same resources as the Proposed
Action. A typical, similar construction project would be expected to result in temporary, localized
impacts during construction including impacts from the use of construction-related vehicles and
equipment (e.g., changes in traffic patterns and increases in noise and air emissions), disturbance
of soil and vegetation, and generation of construction and demolition debris; and potential long-
term, localized impacts including changes in stormwater runoff and infiltration, removal of
vegetation, and changes in visual resources. These direct and indirect effects, if managed in
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accordance with applicable environmental regulations, would not be expected to extend beyond
the vicinity of the project construction sites and local communities.
For these reasons, the future Na'alehu Project, while located in the Ka'u District, is outside the
geographic scope of this cumulative effects analysis and, for the reasons described above, is not
expected to have a significant cause-and-effect relationship with the direct and indirect effects of
the Proposed Action due to its distance from Pahala. In addition, the National Environmental
Policy Act (NEPA) does not require consideration of socioeconomic impacts that are unrelated to
an impact on the physical environment (40 CFR § 1508.14). Therefore, cumulative economic
effects of the Na'alehu Project combined with the Proposed Action on the County-wide economy,
tax base, and borrowing capacity were not analyzed in this environmental assessment.
4.1.2 Past, Present, and Reasonably Foreseeable Actions within Geographic Scope of
Analysis
Only one significant project has occurred within the geographic scope of analysis in the recent
past - specifically, the construction of a new gymnasium at Ka'u High School and Pahala
Elementary School in the center of Pahala, more than one-half mile north of the site of the
wastewater treatment and disposal facility. The gym was constructed to also serve as a
community shelter during emergencies. Construction began in October 2012 and completed in
early 2016.
The school's LCC was previously replaced with a Department of Health (DOH)-approved septic
system that included two new laterals at the property line on Hala Street and Kamani Street to
allow eventual connection to the new collection system. Following completion of the Proposed
Action, the State Department of Education will connect the Ka'u High School and Pahala
Elementary School (including the Ka'u District Gym and Shelter) to the new collection system and
will properly close the onsite septic system.
There are no current projects in or around Pahala, and no reasonably foreseeable actions (other
than connection of the Ka'u High School and Pahala Elementary School to the new collection
system) are planned based on review of the County's Capital Improvement Plan and the Ka'u
Community Development Plan (CDP). The CDP includes policies for long-term improvements
regarding the extension of wastewater systems in the Pahala community in the Ka'u District.
These long-term goals were considered in preliminary design of the Proposed Action; the
wastewater treatment and disposal facility and collection system would be designed to be
expandable should the County or community decide in the future that expansion is necessary.
However, the CDP does not present a timeline for this expansion; no substantial planning or
scoping of a collection system expansion has been conducted, and this expansion is unlikely to
occur within the next 10 to 20 years. This action therefore is not considered reasonably
foreseeable for purposes of the cumulative effects discussion and is not included in the analysis
below.
4.2 Cumulative Improvements and Impacts Analysis
This analysis identified the following potential cumulative effects resulting from the Proposed
Action, construction of the Ka'u District Gym and Shelter, and connection of the Ka'u High School
and Pahala Elementary School to the new collection system:
• Installation of new exterior lighting, resulting in potential nighttime light pollution and
distraction to night-flying birds;
• Removal of vegetation and construction of new impervious surfaces, resulting in a
potential increase in stormwater runoff; and
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• Increase in influent flows from the Ka'u High School and Pahala Elementary School to the
new wastewater treatment and disposal facility.
Both the Proposed Action and the Ka'u District Gym and Shelter construction have incorporated
mitigation measures to reduce nighttime light pollution and impacts to night-flying birds.
Specifically, the Ka'u District Gym and Shelter incorporated minimal use of security lighting, which
are shielded in accordance with the County's exterior lighting standards, and outdoor parking
lights are turned off at 11:00 p.m. to avoid impacts to birds and bats. As discussed in Section
3.19.2, the Proposed Action would incorporate lighting that complies with the County's exterior
lighting standards and FWS guidance, and the new facility would generally be dark at night, with
exterior lighting used only for emergency maintenance purposes. Adherence to these
requirements would minimize the potential cumulative light pollution impacts from these projects.
To reduce stormwater impacts, the Ka'u District Gym and Shelter incorporated new dry wells and
grass parking, instead of paved parking, to the extent allowable by the Hawai'i Planning
Department. The Proposed Action would incorporate permanent BMPs such as subsurface linear
infiltration or depressed detention basins to detain flows and volumes to their pre-development
conditions. Additionally, due to the relatively young and porous geology of the Ka'u district, any
increases in stormwater runoff generated by these projects are anticipated to infiltrate to
groundwater without presenting cumulative erosion concerns.
Finally, while the connection of the Ka'u High School and Pahala Elementary School to the new
wastewater treatment and disposal facility would increase the treatment capacity requirements
for the wastewater treatment and disposal facility, this was accounted for in the facility's
preliminary design. Based on the above, the Proposed Action is not expected to result in any
significant cumulative improvements or impacts to the environment in combination with other past,
present, or reasonably foreseeable actions.
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5 FEDERAL CROSS CUTTER REQUIREMENTS
This project may be funded by federal funds provided by U.S. Environmental Protection Agency
(EPA) through the State of Hawai'i's Clean Water State Revolving Fund (CWSRF) Program. As
such, the State of Hawai'i Department of Health (DOH) must conduct an environmental review of
projects funded under the CWSRF as required under the Code of Federal Regulations (CFR),
using the EPA-approved State Environmental Review Process. In addition, the State must comply
with the federal cross-cutting authorities set forth in 40 CFR § 35.3145 for the CWSRF. These
requirements are set forth as "cross cutters" described as follows.
In addition to the cross cutters required by the EPA-approved State Environmental Review
Process, EPA guidance for conducting environmental reviews for Special Appropriations Act
Project (SAAP) grants requires the inclusion of one additional cross cutter—specifically, the Clean
Water Act, which has been added at the end of this section (see Section 5.19).
5.1 ArchaeoSogicaS and Historic Preservation Act (54 U.S.C. § 312502)
The Archaeological and Historic Preservation Act (AHPA), also known as the Archaeological
Recovery Act and the Moss-Bennett bill, was passed and signed into law in 1974. It amended
and expanded the Reservoir Salvage Act of 1960. The AHPA built upon the national policy, set
out in the Historic Sites Act of 1935, "to provide for the preservation of historic American sites,
buildings, objects, and antiquities of national significance" The AHPA expanded the policy by
focusing attention on significant resources and data but does not require that they be shown to
be of "national" significance. The AHPA required that federal agencies provide for "...the
preservation of historical and archeological data (including relics and specimens) which might
otherwise be irreparably lost or destroyed as the result of... any alteration of the terrain caused as
a result of any Federal construction project of federally licensed activity or program."
54 United States Code (U.S.C.) § 312502 (a)(1) states: "When any Federal agency finds, oris
notified, in writing, by an appropriate historical or archeological authority, that its activities in
connection with any Federal construction project or federally licensed project, activity, or program
may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or
archeological data, the agency shall notify the Secretary, in writing, and shall provide the
Secretary with appropriate information concerning the project, program, or activity."
54 U.S.C. § 312502 (b)(1) states: " When any Federal agency provides financial assistance by
loan, grant, or otherwise to any private person, association, or public entity, the Secretary, if the
Secretary determines that significant scientific, prehistorical, historical, or archeological data
might be irrevocably lost or destroyed, may, with funds appropriated expressly for this purpose-
(A) Conduct, with the consent of all persons, associations, or public entities having a
legal interest in the property a survey of the affected site; and
(B) Undertake the recovery, protection, and preservation of the data (including
analysis and publication)."
The proposed collection system will be constructed primarily within existing County streets and
two short segments within private easements in the Pahala community that have been previously
disturbed when the streets were constructed. Preliminary analysis shows the proposed treatment
and disposal facility will be constructed in an area that does not contain archaeological resources.
An Archaeological Inventory Survey (AIS), which included subsurface testing, was conducted to
confirm the presence/absence of archaeological resources on the preferred site. The AIS
confirmed no significant artifacts or cultural deposits were observed on the ground surface within
the proposed treatment and disposal facility site as the area experiences ongoing disturbance by
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macadamia harvesting operations and stormwater runoff. Further, no cultural deposits or lava
tubes were encountered during the subsurface trenching. For more information, please refer to
Appendix D.
The contract drawings will state that, should archaeological sites such as walls, platforms,
pavements or mounds, or remains such as artifacts, burials, concentrations of shell or charcoal
be encountered during construction activities, work shall cease immediately and the find shall be
protected from further damage. The contractor shall immediately contact the State Historic
Preservation Division (SHPD), who will assess the significance of the find and recommend an
appropriate mitigation measure, if necessary.
5.2 BaSd and Golden EagSe Protection Act (16 U.S.C. § 668-668c)
The Bald Eagle Protection Act (16 U.S.C. §668-668c) prohibits any act to take, possess, sell,
purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any
manner any bald eagle commonly known as the American eagle or any golden eagle, alive or
dead, or any part, nest, or egg thereof of the foregoing eagles.
No bald or golden eagles are found in Hawai'i.
5.3 Clean Air Act (42 U.S.C. § 7401 et seq.)
Over the years, there have been a series of legislations affecting air quality and a number
amendments adopted related to air quality. The Air Pollution Control Act of 1955 was the first
federal legislation involving air pollution and was followed by the Clean Air Acts of 1963 and 1970.
The Clean Air Act of 1970 (1970 CAA, 42 U.S.C. § 7401 et seq.) authorized the development of
comprehensive federal and state regulations to limit emissions from both stationary (industrial)
sources and mobile sources.
The 1970 CAA set forth four major regulatory programs affecting stationary sources: the National
Ambient Air Quality Standards (NAAQS), State Implementation Plans (SIPs), New Source
Performance Standards, and National Emission Standards for Hazardous Air Pollutants. In
Hawai'i, the DOH, Clean Air Branch, Air Quality program is defined by Hawai'i Administrative
Rules (HAR) 11-60.1 and serves as the SIP approved by EPA.
The DOH operates a network of air quality monitoring stations at various locations around the
state. In December 2016, the DOH issued the Annual Summary 2015 Air Quality Data report (the
most recent report) which provides the results from the network of air quality monitoring stations.
The DOH maintains a monitoring station the grounds of the Ka'u High and Pahala Elementary
School. Established August 2007, the station was placed to monitor S02and PM2.5 from volcanic
emissions. In 2015, Hawai'i was in attainment of the state annual SO2 standard. In 2015, Hawai'i
was in attainment with the annual NAAQS for particulate matter with a diameter of 2.5
micrometers or less (PM2.5).
Volcanic eruptions are considered natural events and therefore EPA may exclude the
exceedances of the 1-hour NAAQS from attainment determinations.
The quality of air in the general Pahala area is considered "Good." The rural nature of Pahala
area has no major stationary sources of air pollution. Existing sources of air pollution are
emissions from motor vehicles traveling along Mamalahoa Highway and on the streets in the
community; the low level of vehicle traffic tends to limit mobile sources of emissions.
Potential short-term effects from dust and exhaust due to construction activities will be minimized
with BMPs such as water sprinkling and proper equipment maintenance. No long-term impacts
on air quality resulting from operation of the collection system and the wastewater treatment and
disposal facility are anticipated.
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5.4 Coastal Barrier Resources Act (16 U.S.C. § 3501)
In 1982, Congress passed the Coastal Barrier Resources Act (CBRA) (16 U.S.C. § 3501) to
minimize the loss of human life; wasteful expenditure of federal revenues; and the damage to fish,
wildlife, and other natural resources associated with the coastal barriers along the Atlantic and
Gulf coasts and along the Great Lakes by restricting future federal expenditures and financial
assistance which have the effect of encouraging development of coastal barriers, such as federal
flood insurance through the National Flood Insurance Program.
The Coastal Barrier Resources Reauthorization Act of 2000 reauthorized the CBRA and directed
the U.S. Fish and Wildlife Service (FWS) to complete a Digital Mapping Pilot Project that includes
digitally produced draft maps for up to 75 John H. Chafee Coastal Barrier Resources System
(CBRS) areas and a report to Congress that describes the feasibility and costs for completing
digital maps for all CBRS areas.
Based on its location, the CBRA is not applicable to Hawai'i.
5.5 Coastal Zone Management Act (16 U.S.C. § 1451)
The Coastal Zone Management Act of 1972 (CZMA) (16 U.S.C §§ 1451-1464) was passed to
establish a national policy to preserve, protect, develop, and where possible, restore or enhance,
the resources of the Nation's coastal zone for this and succeeding generations and to encourage
coastal states to develop and implement coastal zone management (CZM) programs. Each
federal agency activity within or outside the coastal zone that affects any land or water use or
natural resource of the coastal zone shall be carried out in a manner which is consistent to the
maximum extent practicable with the enforceable policies of approved state management
programs. Each federal agency carrying out an activity subject to the Act shall provide a
consistency determination to the relevant state agency designated under § 1455(d)(6) of this title
at the earliest practicable time.
In 1977, Hawai'i enacted HRS 205A (Coastal Zone Management). The CZM area encompasses
the entire state, including all marine waters seaward to the extent of the state's police power and
management authority, including the 12-mile U.S. territorial sea and all archipelagic waters. The
objective and policies of the CZM Program are set forth in HRS § 205A-2. See detail discussion
in Section 6 (Plans, Policies and Controls). A summary follows.
(1) Recreational Resources
Objective:
Provide coastal recreational opportunities accessible to the public.
Policies:
(A) Improve coordination and funding of coastal recreational planning and management: and
(i) Provide adequate, accessible, and diverse recreational opportunities in the coastal
zone management area by: Protecting coastal resources uniquely suited for
recreational activities that cannot be provided in other areas:
(ii) Requiring replacement of coastal resources having significant recreational value,
including but not limited to surfing sites, fishponds, and sand beaches, when such
resources will be unavoidably damaged by development: or requiring reasonable
monetary compensation to the state for recreation when replacement is not feasible or
desirable:
(Hi) Providing and managing adequate public access, consistent with conservation of
natural resources, to and along shorelines with recreational value:
(iv) Providing an adequate supply of shoreline parks and other recreational facilities
suitable for public recreation:
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(v) Ensuring public recreational use of county, state, and federally owned or controlled
shoreline lands and waters having recreational value consistent with public safety
standards and conservation of natural resources;
(vi) Adopting water quality standards and regulating point and nonpoint sources of pollution
to protect, and where feasible, restore the recreational value of coastal waters,
(vii) Developing new shoreline recreational opportunities, where appropriate, such as
artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and
(viii) Encouraging reasonable dedication of shoreline areas with recreational value for public
use as part of discretionary approvals or permits by the land use commission, board of
land and natural resources, and county authorities; and crediting such dedication
against the requirements of section 46-6.
All project locations are at least 3.3 miles from the shoreline and, as such, the Proposed Action
will not affect coastal recreational resources.
(2) Historic Resources
Objective:
(A) Protect, preserve and, where desirable, restore those natural and manmade historic and
prehistoric resources in the coastal zone management area that are significant in Hawaiian
and American history and culture.
Policies:
(A) Identify and analyze significant archaeological resources;
(B) Maximize information retention through preservation of remains and artifacts or salvage
operations; and
(C) Support state goals for protection, restoration, interpretation, and display of historic
resources.
The proposed wastewater collection system will be constructed along the existing County streets
and two short segments within easements in the Pahala community that have been previously
disturbed when the streets were constructed. Preliminary analysis shows the treatment and
disposal facility will be constructed in an area that does not contain archaeological resources. An
AIS, which included subsurface testing, was conducted to confirm the presence or absence of
archaeological resources on the project site. The AIS confirmed no significant artifacts or cultural
deposits were observed on the ground surface within the proposed treatment and disposal facility
site as the area experiences ongoing disturbance by macadamia harvesting operations and
stormwater runoff. Further, no cultural deposits or lava tubes were encountered during the
subsurface trenching. For more information, please refer to Appendix D.
The contract drawings will state that, should archaeological sites such as walls, platforms,
pavements or mounds, or remains such as artifacts, burials, concentrations of shell or charcoal
be encountered during construction activities, work will cease immediately and the find will be
protected from further damage. The contractor will immediately contact SHPD, who will assess
the significance of the find and recommend an appropriate mitigation measure, if necessary.
(3) Scenic and Open Space Resources
Objective:
(A) Protect, preserve, and where desirable, restore or improve the quality of coastal scenic
and open space resources.
Policies:
(A) Identify valued scenic resources in the coastal zone management area;
(B) Ensure that new developments are compatible with their visual environment by designing
and locating such developments to minimize the alteration of natural landforms and existing
public views to and along the shoreline;
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(C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and
scenic resources; and
(D) Encourage those developments which are not coastal dependent to locate in inland areas.
All project locations are at least 3.3 miles from the shoreline and, as such, coastal scenic and
open space resources will not be affected.
(4) Coastal Ecosystems
Objective:
(A) Protect valuable coastal ecosystems, including reefs, from disruption and minimize
adverse impacts on all coastal ecosystems.
Policies:
(A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and
development of marine and coastal resources;
(B) Improve the technical basis for natural resource management;
(C) Preserve valuable coastal ecosystems, including reefs, of significant biological or
economic importance;
(D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of
stream diversions, channelization, and similar land and water uses, recognizing competing
water needs; and
(E) Promote water quantity and quality planning and management practices that reflect the
tolerance of fresh water and marine ecosystems and maintain and enhance water quality
through the development and implementation of point and nonpoint source water pollution
control measures.
All project locations are at least 3.3 miles from the shoreline and, as such, coastal ecosystems
will not be adversely affected.
(5) Economic Uses
Objective:
(A) Provide public or private facilities and improvements important to the State's economy in
suitable locations.
Policies:
(A) Concentrate coastal dependent development in appropriate areas;
(B) Ensure that coastal dependent developments such as harbors and ports, and coastal
related development such as visitor facilities and energy generating facilities, are located,
designed, and constructed to minimize adverse social, visual, and environmental impacts
in the coastal zone management area; and
(C) Direct the location and expansion of coastal dependent developments to areas presently
designated and used for such developments and permit reasonable long-term growth at
such areas, and permit coastal dependent development outside of presently designated
areas when:
(i) Use of presently designated locations is not feasible;
(ii) Adverse environmental effects are minimized; and
(Hi) The development is important to the State's economy.
All project locations are at least 3.3 miles from the shoreline. The collection system and the
treatment and disposal facility will be sited in suitable locations to serve the Pahala community.
(6) Coastal Hazards
Objectives:
(A) Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion,
subsidence, and pollution.
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Policies:
(A) Develop and communicate adequate information about storm wave, tsunami, flood,
erosion, subsidence, and point and nonpoint source pollution hazards;
(B) Control development in areas subject to storm wave, tsunami, flood, erosion, hurricane,
wind, subsidence, and point and nonpoint pollution hazards;
(C) Ensure that developments comply with requirements of the Federal Flood Insurance
Program;
(D) Prevent coastal flooding from inland projects.
All project locations are at least 3.3 miles from the shoreline and at least 580 feet above mean
sea level (msl). Based on the location, the proposed collection system and wastewater treatment
and disposal facility will not be subject to (and will not exacerbate) coastal hazards and do not
include improvements related to tsunami, storm waves, stream flooding erosion, subsidence and
pollution.
(7) Managing Development
Objective:
(A) Improve the development review process, communication, and public participation in the
management of coastal resource and hazards.
Policies:
(A) Use, implement, and enforce existing law effectively to the maximum extent possible in
managing present and future coastal zone development;
(B) Facilitate timely processing of applications for development permits and resolve
overlapping or conflicting permit requirements; and
(C) Communicate the potential short- and long-term impacts of proposed significant coastal
developments early in their life cycle and in terms understandable to the public to facilitate
public participation in the planning and review process.
In December 2017, a total of five community outreach sessions regarding the project were
conducted in the Pahala community. A public information meeting for the Draft EA was held in
October 2018. The collection system and wastewater treatment and disposal facility are at least
3.3 miles from the coast, at least 580 feet above msl, and do not involve management of coastal
resources and hazards.
(8) Public Participation
Objective:
(A) Stimulate public awareness, education, and participation in coastal management.
Policies:
(A) Promote public involvement in coastal zone management processes;
(B) Disseminate information on coastal management issues by means of educational
materials, published reports, staff contact, and public workshops for persons and
organizations concerned with coastal issues, developments, and government activities;
and
(C) Organize workshops, policy dialogues, and site-specific mediations to respond to coastal
issues and conflicts.
In December 2017, a total of five community outreach sessions were conducted in the Pahala
community. A public information meeting for the Draft EA was held in October 2018. All project
locations are at least 3.3 miles from the coast and at least 580 feet above msl.
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(9) Beach Protection
Objective:
(A) Protect beaches for public use and recreation.
Policies:
(A) Locate new structures inland from the shoreline setback to conserve open space, minimize
interference with natural shoreline processes, and minimize loss of improvements due to
erosion:
(B) Prohibit construction of private erosion-protection structures seaward of the shoreline,
except when they result in improved aesthetic and engineering solutions to erosion at the
sites and do not interfere with existing recreational and waterline activities: and
(C) Minimize the construction of public erosion-protection structures seaward of the shoreline.
All project locations are at least 3.3 miles from the shoreline. The collection system and the
wastewater treatment and disposal facility project does not include improvements that would
affect public use beaches.
(10) Marine Resources
Objective:
(A) Promote the protection, use, and development of marine and coastal resources to assure
their sustainability.
Policies:
(D) Ensure that the use and development of marine and coastal resources are ecologically and
environmentally sound and economically beneficial:
(E) Coordinate the management of marine and coastal resources and activities to improve
effectiveness and efficiency:
(F) Assert and articulate the interests of the State as a partner with federal agencies in the
sound management of ocean resources within the United States exclusive economic zone:
(G) Promote research, study, and understanding of ocean processes, marine life, and other
ocean resources in order to acquire and inventory information necessary to understand
how ocean development activities relate to and impact upon ocean and coastal resources:
and
(H) Encourage research and development of new, innovative technologies for exploring, using,
or protecting marine and coastal resources.
All project locations are at least 3.3 miles from the shoreline. The collection system and the
wastewater treatment and disposal facility project does not include improvements that would
affect development of marine and coastal resources.
5.6 Endangered Species Act (16 U.S.C. § 1531)
On December 28, 1973, the Endangered Species Act (16 U.S.C. § 1531) was passed and, over
the years, has been amended a number of times. The stated purpose of the original Act was to
provide a means whereby the ecosystems upon which endangered species and threatened
species depend may be conserved, to provide a program for the conservation of such endangered
species and threatened species, and to take such steps as may be appropriate to achieve the
purposes of various related treaties and conventions. The provisions of the Act are administered
by the FWS and the National Oceanic and Atmospheric Administration (NOAA), National Marine
Fisheries Service (NMFS). The FWS has primary responsibility for terrestrial and freshwater
organisms, while NOAA/NMFS is mainly responsible for marine wildlife.
Section 7 of the Act, Interagency Cooperation (16 U.S.C. § 1536), states each federal agency
shall, in consultation with and with the assistance of the Secretary of the Interior, ensure that any
action authorized, funded, or carried out by such agency (an "agency action") is not likely to
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jeopardize the continued existence of any endangered species or threatened species or result in
the destruction or adverse modification of habitat of such species which is determined, after
consultation as appropriate with affected states, to be critical, unless such agency has been
granted an exemption for such action.
In August 2018, a biological resources field survey was conducted on the preferred project site.
The results of the survey show that, due to the proposed alignment of the collection system along
existing roadways, vegetation in the collection system area consists entirely of maintained yards
with ornamental plants.
The field survey of the 14.9-acre preferred site for the proposed wastewater treatment and
disposal facility indicates that the site is comprised of a macadamia nut orchard of mature trees,
unmaintained areas outside the orchard dominated by Guinea grass, lanes of windbreak trees
oriented between orchard units, and (mostly) mowed road verge areas. A total of 52 species of
vascular plants: two ferns, one gymnosperm, and 49 species of angiosperms (flowering plants)
were identified during the survey. Only two species (4 percent) identified during the survey are
regarded as native to the Hawaiian Islands and both are indigenous (native, but also distributed
elsewhere in the Pacific). Being widely distributed indigenous species, neither is listed as
threatened or endangered or of any special concern.
The August 2018 field survey included assessment of mammalian species. With the exception of
the endangered Hawaiian hoary bat (Lasiurus cinereus semotus), or 'ope'ape'a as it is known
locally, all terrestrial mammals currently found on the Island of Hawai'i are alien species, and most
are ubiquitous. The field survey reported no mammalian species within the survey area. This also
included no indication that pigs (Sus scrofa) utilize the survey area.
The field survey also included an assessment of avian species, and recorded a total of 175
individual birds of 13 species, representing nine separate families, during station counts. Avian
diversity and densities were very low, in keeping with the current usage of the site as a mature
macadamia nut orchard, with minimal ground cover and few weedy or shrubby species. All of the
avian species recorded during the course of the survey are established alien species. No native
avian species were recorded during the course of the survey. The field survey recorded no
species of plants or animals currently listed or proposed for listing under either the federal or State
of Hawai'i endangered species statutes.
On December 21, 2018, the designated non-federal representative for consultations under
Section 7 of the Endangered Species Act, on behalf of EPA and the County of Hawai'i, requested
concurrence from the FWS that the Pahala LCC Replacement Project is not likely to adversely
affect federally listed threatened and endangered species or critical habitat.
On February 15, 2019, the FWS provided a letter that concluded: "The Service has analyzed
potential impacts to listed species due to the implementation of [the] project. Based on the
inclusion of the avoidance and minimization measures listed above, the Service anticipates that
any potential impacts will be discountable or insignificant and therefore we concur that the Pahala
LCC Replacement Project may affect, but is not likely to adversely affect the endangered
Hawaiian hoary bat, Hawaiian Hawk, Hawaiian goose, Hawaiian Petrel, Band-rumped Storm-
Petrel, Hawaiian Stilt, and Hawaiian Coot, and the threatened Newell's Shearwater" (see letter
with reference number 01EPIF00-2019-I-0153 in Appendix C-1). The Proposed Action will
incorporate the avoidance and minimization measures cited in the FWS letter, including (but not
limited to) avoiding impacts to potential Hawaiian hoary bat habitat during the bat birthing and pup
rearing season; conducting a Hawaiian hawk nest survey prior to any work during the nesting
season; avoiding activities near active nests; and avoiding nighttime construction during the
seabird fledging period.
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5.7 Environmental Justice Executive Order 12898
Executive Order 12898, Environmental Justice (full title Federal Actions to Address Environmental
Justice to Minority and Low Income Populations), was signed on February 11, 1994. The intent
of Executive Order 12898 is to avoid disproportionately high adverse human health or
environmental effects of projects on minority and low income populations. Executive Order 12898
also requires federal agencies ensure that minority and low-income communities have adequate
access to public information related to health and the environment.
The 2016 American Community Survey (ACS) (5-Year Estimates) is the most recent information
related to socioeconomic conditions in the state and County. The 2016 ACS includes Hawai'i
Geographic Area Profiles - Census Designated Places: Neighbor Islands. The ACS noted it is
the Census Bureau's Population Estimates Program that produces and disseminates the official
estimates of the population for the nation, states, counties, cities and towns and estimates of
housing units for states and counties.
For purposes of this assessment, and to correspond with the available ACS demographic
characteristic data, "low income" is defined as having a household income of less than $24,999;
"minority" is defined as any race population other than White; and "children" is defined as the
"Under 5 to 19" age category.
Pahala has more households in the "less than $24,999" income bracket (33.6 percent) than the
County as a whole (26.3 percent).
Overall, Pahala is characterized by a racial composition that includes a greater proportion of
minorities (92.1 percent non-White) than the County at large (66.8 percent non-White). The racial
distribution includes a much lower proportion of White residents, a much higher proportion of
Filipino residents, and lower populations of other minority groups, including Native Hawaiians
when compared to the County. There are also more residents of two or more races in Pahala than
in the County.
Pahala has a similar age distribution to Hawai'i County, although Pahala has a higher proportion
of individuals in the "Under 5 to 19" age category (28.5 percent) compared to the County as a
whole (24.4 percent).
Based on the above, Pahala has a higher proportion of low-income, minority, and children
residents as compared to the County as a whole. However, the Proposed Action will not result in
disproportionately high and adverse human health or environmental effects on these sensitive
populations. The design and location of the proposed wastewater treatment and disposal facility
will minimize odor and air quality impacts. Construction of the wastewater collection system will
result in intermittent and unavoidable noise from construction vehicles and equipment within the
Pahala community, including noise associated with the removal of bedrock. However,
construction activities within the community will comply with provisions of HAR 11-46 (Community
Noise Control). This includes obtaining a noise permit for any activities that will generate noise
exceeding the permissible sound levels specified in HAR 11-46. The permit will limit excessive
noise sources to daytime hours; will require the use of best available control technology to control
noise levels from excessive noise sources; and will require the applicant to notify affected
members of the public in advance of any planned nighttime construction activity (which must not
exceed the permissible sound levels). Overall, the Proposed Action is expected to result in
positive human health and environmental effects to Pahala residents by providing a cleaner and
longer-lasting wastewater treatment system.
5.8 FarmSand Protection Policy Act (7 U.S.C. § 4201)
The Agriculture and Food Act was passed in 1981 and contained the Farmland Protection
Policy Act (FPPA) (7 U.S.C. § 4201). The stated purposes of the FPPA are to: 1) minimize the
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extent to which federal programs contribute to the unnecessary and irreversible conversion of
farmland to nonagricultural uses; and 2) assure that federal programs are administered in a
manner that, to the extent practicable, will be compatible with state, unit of local government, and
private programs and policies to protect farmland. "Farmland" subject to FPPA requirements does
not have to be currently used for cropland.
The FPPA is administered by the U.S. Department of Agriculture (USDA), National Resources
Conservation Service (NRCS). "Farmland", as used in the FPPA, includes prime farmland, unique
farmland, and land of statewide or local importance, as defined by the State of Hawai'i Department
of Agriculture.
Per the Agricultural Lands of Importance to the State of Hawai'i (ALISH) Classification System,
the collection system is located in "unclassified" lands and the proposed wastewater treatment
and disposal facility will be located on approximately 20 percent "prime", 40 percent "other" and
40 percent "unclassified" land.
The proposed collection system will be located primarily within the streets and shoulders in Pahala
and therefore will not affect farmlands. The preferred location for the proposed wastewater
treatment and disposal facility is located within an existing macadamia nut orchard. The 2012
Census Agriculture shows about 17,378 acres in the County are planted with macadamia nuts.
As such, removal of the 14.9-acre area required for the Proposed Action at the preferred site will
not significantly affect macadamia nut production in the state or the County.
In accordance with the implementation procedures for the FPPA site assessment criteria (7 CFR
658), EPA is coordinating with the local NRCS field office to complete a Farmland Conversion
Impact Rating Form for the Pahala LCC Replacement Project. This form is used to assess the
potential adverse effects on the protection of farmland; support the consideration of alternative
actions; and assess compatibility with state and local programs and policies to protect farmland.
After the site is selected, EPA will return a finalized copy of the form to the NRCS field office in
accordance with 7 CFR 658.4(g).
5.9 Fish and Wildlife Coordination Act (16 U.S.C § 661)
The Fish and Wildlife Coordination Act (16 U.S.C § 661), enacted on March 10, 1934, was
amended on August 12, 1958. The purpose of the Act is to recognize the vital contribution of
wildlife resources to the Nation, the increasing public interest and significance, and to provide that
wildlife conservation shall receive equal consideration and be coordinated with other features of
water-resource development programs through the effectual and harmonious planning,
development, maintenance, and coordination of wildlife conservation. The Act defines wildlife and
wildlife resources as birds, fishes, mammals and all other classes of wild animals, and all types
of aquatic and land vegetation upon which wildlife is dependent (16 U.S.C. § 666b).
The Secretary of the Interior is authorized (1) to provide assistance to, and cooperate with, federal,
state, and public or private agencies and organizations in the development, protection, rearing,
and stocking of all species of wildlife, and their habitat; in controlling losses of the from disease
or other causes; in minimizing damages from overabundant species; and in providing public
shooting and fishing areas, including easements across public lands; (2) to make surveys and
investigations of the wildlife of the public domain, including lands and waters acquired or
controlled by any agency; and (3) to accept donations of land and contributions of funds in
furtherance of the purposes of the Act.
Specifically, the Act states that "whenever the waters of any stream or other body of water are
proposed or authorized to be impounded, diverted, the channel deepened, or the stream or other
body of water otherwise controlled or modified for any purpose whatever, including navigation
and drainage, by any department or agency of the United States, or by any public or private
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agency under Federal permit or license, such department or agency first shall consult with the
United States Fish and Wildlife Service" (16 U.S.C. § 662(a)). The consultation may result in a
report of recommendations by FWS that should be adopted to prevent the loss of or damage to
wildlife resources. The provisions of the Act do not apply to impoundments of water less than 10
acres.
The Pahala LCC Replacement Project does not include any impoundment of water and therefore
a Fish and Wildlife Coordination Act review and/or consultation pursuant to 16 U.S.C. § 662 is not
required.
5.10 FSoodpSain Management (Executive Order 11988, as amended by Executive
Orders 12148 and 13690)
Executive Order 11988, Floodplain Management, dated May 24, 1977 requires federal agencies
to avoid, to the extent possible, the long- and short-term adverse impacts associated with the
occupancy and modification of floodplains and to avoid direct and indirect support of floodplain
development wherever there is a practicable alternative.
In accomplishing this objective, "each agency shall provide leadership and shall take action to
reduce the risk of flood loss, to minimize the impact of floods on human safety, health, and welfare,
and to restore and preserve the natural and beneficial values served by floodplains in carrying
out its responsibilities."
The Proposed Action is not located within a 100-year floodplain area, will incorporate stormwater
BMPs to manage runoff in accordance with state requirements, and will be designed to ensure
sufficient capacity for assimilation of peak effluent flow rates and precipitation from the design
storm event. The Proposed Action therefore will not have an adverse impact on floodplains and
will minimize the risk of flood-related impacts on surrounding properties.
5.11 Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. §
1801)
The 1996 Sustainable Fishery Act amendments to the Magnuson-Stevens Fishery Conservation
and Management Act and subsequent Essential Fish Habitat (EFH) Regulatory Guidelines
(NOAA, 2002) describe provisions to identify and protect habitats of federally managed marine
and anadromous fish species. Under the various provisions, federal agencies that fund, permit,
or undertake activities that may adversely affect EFH are required to consult with the NMFS.
Congress defines EFH as "those waters and substrate necessary to fish for spawning, breeding,
feeding, or growth to maturity." EFH is further defined by the existing regulations (NOAA-NMFS,
2007; NOAA, 2002). "Waters" include aquatic areas and their associated physical, chemical, and
biological properties that are used by fish and may include aquatic areas historically used by fish
where appropriate; "substrate" includes sediment, hard bottom, structures underlying the waters,
and associated biological communities; "necessary" means the habitat required to support a
sustainable fishery and the managed species' contribution to a healthy ecosystem; and
"spawning, breeding, feeding, or growth to maturity" covers a species' full life cycle.
All project locations are at least 3.3 miles from the shoreline. The Proposed Action will not
adversely impact EFH.
5.12 Marine Mammal Protection Act (16 U.S.C. §§ 1361 etseq.)
The Marine Mammal Protection Act (MMPA) (16 U.S.C. §§ 1361 et seq.), protects all marine
mammals. The MMPA includes a general moratorium on the taking and importing of marine
mammals, and prohibits, with certain exceptions, the "take" of marine mammals in U.S. waters
and by U.S. citizens on the high seas, and the importation of marine mammals and marine
mammal products into the U.S. Jurisdiction for MMPA is shared by the FWS and NMFS. The FWS
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Branch of Permits is responsible for issuing take permits when exceptions are made to MM PA.
Under the exception for incidental taking, the FWS or the NMFS must find that the total taking
over the five-year period will have a "negligible impact" and will not adversely affect the availability
of the marine mammal species or stock for subsistence use by natives.
All project locations are at least 3.3 miles from the shoreline. The Proposed Action will not
adversely impact marine mammal communities and will not encourage any "take" of marine
mammals.
5.13 Migratory Bird Treaty Act (16 U.S.C. §§ 703 etseq.)
The Migratory Bird Treaty Act (MBTA) and Executive Order 13186 (Responsibilities of Federal
Agencies to Protect Migratory Birds) provide for the protection of migratory birds. The MBTA of
1918, as amended (16 U.S.C. §§ 703-712) makes it unlawful to, among other things, pursue,
hunt, take, capture, kill, transport or import any species listed under the Act. The Act implements
conventions between the U.S., Great Britain, Mexico, Japan, and the former Soviet Union.
Executive Order 13186 was issued to assist federal agencies with their efforts to comply with the
MBTA. It should be noted that the Executive Order does not constitute any legal authorization
that in any way supersedes the requirements outlined in the MBTA. The Executive Order directs
federal agencies undertaking actions that have or are likely to have a measurable adverse impact
on migratory bird populations to develop and implement a Memorandum of Agreement with the
FWS addressing the conservation of these populations.
The field survey at the preferred site (Site 7) found a total of 175 individual birds of 13 species,
none of which are native to the Hawaiian Islands. Avian diversity and densities were very low,
which is consistent with the current site use as a mature macadamia nut orchard with limited
ground cover and few weedy or shrubby species. The field survey did indicate that endemic
Hawaiian Petrel (Pterodroma sandwichensis) and Newell's Shearwater (Puffinus newelli) have
been recorded flying over the general area between April and the end of November each year.
Impact avoidance and minimization measures will be implemented, including down-shielding of
lights and avoiding nighttime construction during the seabird fledging period. The Proposed Action
will also avoid impacts to potential Hawaiian hoary bat habitat (woody plants greater than 15 ft
tall) during the bat birthing and pup rearing season (June 1 through September 15), which in turn
will also reduce the potential take of migratory birds due to tree clearing during that period.
5.14 National Historic Preservation Act (54 U.S.C. § 300101)
The National Historic Preservation Act (NHPA) of 1966 (54 U.S.C. § 300101) requires a federal
agency undertaking an action/project consider of the effect of the project on any historic property
defined as a district, site, building, structure, or object that is included in or eligible for inclusion in
the National Register of Historic Places.
Section 106 of the NHPA (54 U.S.C. § 306108) requires a federal agency having direct or indirect
jurisdiction over a federal or federally assisted undertaking to take into account the effect of the
undertaking on any historic property. An "undertaking" includes a "project, activity, or program
funded in whole or in part under the direct or indirect jurisdiction of a Federal agency" (54 U.S.C.
§ 300320). Because the Pahala LCC Replacement Project will be funded using federal funds, it
is considered an "undertaking" and is subject to the NHPA.
The Act requires the federal agency's preservation-related activities to be carried out in
consultation with other federal, state, and local agencies, Indian tribes, Native Hawaiian
organizations (54 U.S.C § 306102).
The proposed collection system will be constructed along the existing County streets and two
short segments within private easements in the Pahala community that have been previously
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disturbed when the streets were constructed. Preliminary analysis shows the proposed treatment
and disposal facility will be constructed in an area that does not contain archaeological resources.
An AIS, which included pedestrian surveys and subsurface testing, was conducted to confirm the
presence or absence of archaeological resources on the project site. Based on the AIS, no
properties eligible for inclusion on the National Register of Historic Places are present within the
area of potential effects for the Preferred Alternative, and no significant artifacts or cultural
deposits on the ground surface and no cultural deposits or lava tubes were encountered during
subsurface testing.
Based on the above and in accordance with 36 CFR § 800.4(d), EPA reached a finding of "no
historic properties affected for the project or undertaking." On September 26, 2019, EPA sent a
letter to SHPD to document their determination that no historic properties will be affected by the
undertaking and to request concurrence from SHPD. The potential for encountering unexpected
archeological resources within the site of the proposed treatment and disposal facility is low due
to historical ground modifications and ongoing harvesting activities; however, the Proposed Action
will incorporate appropriate mitigation measures should archeological resources be discovered
during construction. Specifically, the contract drawings will state that, should archaeological sites
such as walls, platforms, pavements or mounds, or remains such as artifacts, burials,
concentrations of shell or charcoal be encountered during construction activities, work will cease
immediately and the find will be protected from further damage. The contractor will immediately
contact SHPD, who will assess the significance of the find and recommend appropriate mitigation
measures, if necessary.
The AIS and NHPA Section 106 consultation correspondence can be found in Appendix D and
Appendix D-1, respectively. To date, SHPD has not responded to the County's Draft AIS submittal
from March 13, 2019; the EPA letter from September 26, 2019 requesting concurrence with the
determination that no historic properties will be affected by the undertaking; or the County's follow-
up letter from October 9, 2019 requesting concurrence with the Draft AIS findings. In accordance
with 36 CFR § 800.4(d)(1)(i) and as specified in the September 26 letter, because no response
was received within 30 days of SHPD receipt of the adequately documented finding, EPA has
fulfilled their Section 106 responsibilities for this undertaking. However, construction will not
proceed until SHPD has approved the Draft AIS.
5.15 Protection of Wetlands (Executive Order 11990 (1977), as amended by
Executive Order 12608 (1997))
Executive Order 11990, Protection of Wetlands, dated 1977 requires federal agencies to avoid,
preserve, or mitigate effects of new construction projects on lands which have been designated
wetlands. Executive Order 11990 states in order to avoid to the extent possible the long- and
short-term adverse impacts associated with the destruction or modification of wetlands and to
avoid direct or indirect support of new construction in wetlands wherever there is a practicable
alternative, it is hereby ordered as follows: Section 1. (a) Each agency shall provide leadership
and shall take action to minimize the destruction, loss or degradation of wetlands, and to preserve
and enhance the natural and beneficial values of wetlands in carrying out the agency's
responsibilities for (1) acquiring, managing, and disposing of federal lands and facilities; and (2)
providing federally undertaken, financed, or assisted construction and improvements; and (3)
conducting federal activities and programs affecting land use, including but not limited to water
and related land resources planning, regulating, and licensing activities.
The National Wetlands Inventory (NWI) Wetlands Mapper and U.S. Geological Survey (USGS)
topographic maps identify no wetland features or streams within Site 7, at the two LCCs, or within
the proposed collection system area. Biological and archeological field survey reports do not
indicate any standing water or evident wetland vegetation within Site 7. On August 2018, a
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biological field survey was conducted at Site 7 and results of the field work indicated that no
wetlands were observed on the site. The man-made drainage feature along Mamalahoa Highway
along the edge of the parcel conducts flow generated from surface runoff underneath the highway
and downslope to the east. Conditions within the ditch itself close to or on the property will not
likely satisfy the hydric soil requirement to be defined as a wetland. Streams in the Pahala area
do not flow all the way to the sea, but terminate on Keone'ele'ele Flat to the southwest. Based on
this information, the Proposed Action is not expected to impact wetland resources.
5.16 Rivers and Harbors Act (33 U.S.C. § 403)
Originally enacted on March 3, 1899, the Rivers and Harbors Appropriation Act of 1899 affects
navigable waters of the U.S. Section 10 of the Act states the creation of any obstruction not
affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United
States is prohibited; and it shall not be lawful to build or commence the building of any wharf, pier,
dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven,
harbor, canal, navigable river, or other water of the United States, outside established harbor
lines, or where no harbor lines have been established, except on plans recommended by the
Chief of Engineers and authorized by the Secretary of the Army; and it shall not be lawful to
excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of,
any port, roadstead, haven, harbor, canal, lake, harbor or refuge, or inclosure within the limits of
any breakwater, or of the channel of any navigable water of the United States, unless the work
has been recommended by the Chief of Engineers and authorized by the Secretary of the Army
prior to beginning the same (33 U.S.C. § 403).
All project locations are at least 3.3 miles from the shoreline. The preferred location for the
proposed wastewater treatment and disposal facility is sited about 1,500 feet east of the center
line of Hi'onamoa Gulch. The USGS topographic map shows the gulch stops about 5,500 feet
from the shoreline. The Proposed Action will not directly affect any streams or gulches. Based on
this, the collection system and the treatment and disposal facility will not affect navigable waters.
5.17 Safe Drinking Water Act (42 U.S.C. § 300f)
The Safe Drinking Water Act (SDWA) of 1974 (42 U.S.C. § 300f) was established to protect
the quality of all waters actually or potentially designed for drinking use from both underground
and aboveground sources. The SDWA authorizes EPA to establish minimum standards to
protect potable water with which all owners or operators of public water systems must comply;
to oversee the agencies which can be approved to implement these rules on EPA's behalf,
such as state governments; and to encourage attainment of secondary standards (nuisance-
related). Section 1424(e) of the SDWA of 1974 (Public Law 93-523, 42 U.S.C. 300 et. seq also
established the Sole Source Aquifer program which states that no commitment for federal
financial assistance (through a grant, contract, loan guarantee, or otherwise) may be entered into
for any project which the EPA Administrator determines may contaminate such aquifer through a
recharge zone so as to create a significant hazard to public health.
The Proposed Action does not establish a drinking water system, and no Sole Source Aquifers
are present on the Island of Hawai'i. The Proposed Action will provide the infrastructure necessary
to enable the County to comply with the SDWA by replacing the existing outdated and federally
banned wastewater systems that pose a threat to underground sources of drinking water.
5.18 Wild and Scenic Rivers Act (16 U.S.C. §§ 1271-1287)
The Wild and Scenic Rivers Act, 16 U.S.C. §§ 1271-1287, declares that certain selected rivers
with their immediate environments, which possess outstandingly remarkable scenic, recreational,
geologic, fish and wildlife, historical, cultural, or other similar values, shall be preserved in their
free-flowing condition for the enjoyment of present and future generations.
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The State of Hawai'i has no designated wild and scenic rivers. The Wild and Scenic Rivers Act is
not applicable to this project.
5.19 Clean Water Act (33 U.S.C. § 1251 et seq.)
The Clean Water Act established the basis for regulating discharges of pollutants into waters of
the U.S. Enacted in 1948, it was originally called the Federal Water Pollution Control Act but
became known as the Clean Water Act with the amendments of 1972. Section 404 of the Clean
Water Act regulates the discharge of dredged or fill material into waters of the U.S. and adjacent
wetlands from development, water resource projects, mining or other infrastructure projects.
Activities are regulated through a permit process that is administered under the responsibility of
the U.S. Army Corps of Engineers. Permits may be issued as either Individual Permits for projects
with potentially significant impacts or general permits for projects with only minimal adverse
effects.
The NWI Wetlands Mapper and USGS topographic maps identify no wetland features or streams
within Site 7, at the two LCCs, or within the proposed collection system area. Biological and
archeological field survey reports do not indicate any standing water or evident wetland vegetation
within Site 7. On August 2018, a biological field survey was conducted at Site 7 and results of the
field work indicated that no wetlands were observed on the site. The man-made drainage feature
along Mamalahoa Highway along the edge of the parcel conducts flow generated from surface
runoff underneath the highway and downslope to the east. Conditions within the ditch itself close
to or on the property would not likely satisfy the hydric soil requirement to be defined as a wetland.
Because no wetland resources are present and no impacts to wetlands are anticipated due to the
nature and design of the Proposed Action, a Clean Water Act Section 404 permit is not required.
In addition to the above, the Clean Water Act was amended by the Federal Water Quality Act of
1987 which established provisions for a Clean Water State Revolving Fund (33 U.S.C. § 1383),
a financial assistance program for water infrastructure projects. The program capitalizes on a
partnership between EPA and states to provide loans to eligible recipients through state programs
that act as environmental infrastructure banks providing low-interest loans. As stated in Section
2.1.2, the Pahala LCC Replacement Project is being funded in part by the State of Hawai'i DOH
Clean Water State Revolving Fund.
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6 PLANS, POLICIES AND CONTROLS
This section discusses the State and County of Hawai'i land use plans, policies and controls
relating to the proposed project.
6.1 State Land Use Plans and Policies
6.1.1 Hawai'i State Plan
The Hawai'i State Plan, Hawai'i Revised Statues (HRS) 226, as amended, provides goals,
objectives, policies, and priorities for the state. The purpose of the Hawai'i State Plan is to set
forth a plan that shall serve as a guide for the future long-range development of the state; identify
the goals, objectives, policies, and priorities for the state; provide a basis for determining priorities
and allocating limited resources, such as public funds, services, human resources, land, energy,
water, and other resources; improve coordination of federal, state, and county plans, policies,
programs, projects, and regulatory activities; and to establish a system for plan formulation and
program coordination to provide for an integration of all major state, and county activities. The
proposed project's consistency with applicable objectives and policies is discussed in Table 6.1.
Applicable policies from Part I and III of the Hawai'i State Plan are provided in this table. Part II
does not apply to the Pahala Large Capacity Cesspool (LCC) Replacement Project.
Table 6.1
Hawai'i State Plan Objectives and Policies
Objectives and Policies of the Hawai'i State Plan
Discussion
§ 226-4 State goals. In order to ensure, for present and future
generations, those elements of choice and mobility that ensure that
individuals and groups may approach their desired levels of self-reliance
and self-determination, it shall be the goal of the State to achieve:
(1) A strong, viable economy, characterized by stability, diversity, and
growth, that enables the fulfillment of the needs and expectations of
Hawai'i's present and future generations.
(2) A desired physical environment, characterized by beauty, cleanliness,
quiet, stable natural systems, and uniqueness, that enhances the
mental and physical well-being of the people.
(3) Physical, social, and economic well-being, for individuals and families
in Hawaii, that nourishes a sense of community responsibility, of
caring, and of participation in community life.
The Pahala project will support the
state economy by providing a
wastewater collection system and a
treatment and disposal facility to
enhance the community and the
physical well-being of the community.
§ 226-5 Objective and policies for population, (a) It shall be the
objective in planning for the State's population to guide population growth
to be consistent with the achievement of physical, economic, and social
objectives contained in this chapter.
The Pahala project does not include
facilities or improvements that could
guide or otherwise affect population
growth in this area of Hawai'i.
§ 226-6 Objectives and policies for the economy-in general, (a)
Planning for the State's economy in general shall be directed toward
achievement of the following objectives:
The Pahala project does not include
facilities or improvements that affect
the economy of this area of Hawai'i.
§ 226-7 Objectives and policies for the economy-agriculture, (a)
Planning for the State's economy with regard to agriculture shall be
directed towards achievement of the following objectives:
The Pahala project does not include
facilities or improvements which will
affect agriculture of this area of
Hawai'i. The area used for the
treatment and disposal facility will not
adversely impact the total macadamia
nut production on the state or County.
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Table 6.1
Hawai'i State Plan Objectives and Policies
Objectives and Policies of the Hawai'i State Plan
Discussion
§ 226-8 Objective and policies for the economy-visitor industry, (a)
Planning for the State's economy with regard to the visitor industry shall be
directed towards the achievement of the objective of a visitor industry that
constitutes a major component of steady growth for Hawai'i's economy
The Pahala project does not include
facilities or improvements that will
affect the visitor industry of this area of
Hawai'i.
§ 226-9 Objective and policies for the economy—federal expenditures.
(a) Planning for the State's economy with regard to federal expenditures
shall be directed towards achievement of the objective of a stable federal
investment base as an integral component of Hawai'i's economy.
The Pahala project will include federal
expenditures to provide a collection
system and treatment and disposal
facility for the community.
§ 226-10 Objective and policies for the economy—potential growth and
innovative activities, (a) Planning for the State's economy with regard to
potential growth and innovative activities shall be directed towards
achievement of the objective of development and expansion of potential
growth and innovative activities that serve to increase and diversify Hawai'i's
economic base.
The Pahala project does not include
facilities or improvements that will
affect the potential growth of this area
of Hawai'i.
§ 226-10.5 Objectives and policies for the economy-information
industry, (a) Planning for the State's economy with regard to
telecommunications and information technology shall be directed toward
recognizing that broadband and wireless communication capability and
infrastructure are foundations for an innovative economy and positioning
Hawai'i as a leader in broadband and wireless communications and
applications in the Pacific Region.
The Pahala project does not include
facilities or improvements that will
affect the information industry of this
area of Hawai'i.
§ 226-11 Objectives and policies for the physical environment—land-
based, shoreline, and marine resources, (b) To achieve the land-based,
shoreline, and marine resources objectives, it shall be the policy of this State
to:
(1) Exercise an overall conservation ethic in the use of Hawai'i's natural
resources.
(3) Take into account the physical attributes of areas when planning and
designing activities and facilities.
The Pahala project site is located at
least 580 feet above mean sea level
and at least 3.3 miles from the
shoreline. As such, it will not affect
shoreline or marine resources.
§ 226-12 Objective and policies for the physical environment—scenic,
natural beauty, and historic resources, (b) To achieve the scenic, natural
beauty, and historic resources objective, it shall be the policy of this State
to:
(3) Promote the preservation of views and vistas to enhance the visual
and aesthetic enjoyment of mountains, ocean, scenic landscapes, and
other natural features.
The Pahala project does not include
facilities or improvements that will
affect the scenic, natural beauty and
historic resources of this area of
Hawai'i.
§ 226-13 Objectives and policies for the physical environment—land,
air, and water quality, (b) To achieve the land, air, and water quality
objectives, it shall be the policy of this State to:
(2) Promote the proper management of Hawai'i's land and water
resources.
(3) Promote effective measures to achieve desired quality in Hawai'i's
surface, ground, and coastal waters.
The Pahala project does not include
facilities or improvements that will
affect the physical environment of this
area of Hawai'i.
§ 226-14 Objective and policies for facility systems-in general.
The Pahala project is consistent with
the County of Hawai'i plans for
facilities.
§ 226-15 Objectives and policies for facility systems—solid and liquid
wastes.
The Pahala project does include
facilities or improvements that will
affect liquid waste facilities. The project
provides a collection system and
treatment and disposal facility for
Pahala community and closes LCCs in
conformance with U.S. Environmental
Protection Agency (EPA)
requirements.
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Table 6.1
Hawai'i State Plan Objectives and Policies
Objectives and Policies of the Hawai'i State Plan
Discussion
§ 226-16 Objective and policies for facility systems-water, (a) Planning
for the State's facility systems with regard to water shall be directed towards
achievement of the objective of the provision of water to adequately
accommodate domestic, agricultural, commercial, industrial, recreational,
and other needs within resource capacities.
The Pahala project does not include
facilities or improvements that will
affect water facilities.
§ 226-17 Objectives and policies for facility systems-transportation.
(a) Planning for the State's facility systems with regard to transportation shall
be directed towards the achievement of the following objectives:
The Pahala project does not include
facilities or improvements that will
adversely affect transportation systems
serving this area of Hawai'i.
§ 226-18 Objectives and policies for facility systems-energy, (a)
Planning for the State's facility systems with regard to energy shall be
directed toward the achievement of the following objectives, giving due
consideration to all:
The Pahala project does not include
facilities or improvements that will
affect energy systems. Electrical
service will be provided by Hawai'i
Electric and Light Company (HELCO).
§ 226-18.5 Objectives and policies for facility systems-
telecommunications. (a) Planning for the State's telecommunications
facility systems shall be directed towards the achievement of dependable,
efficient, and economical statewide telecommunications systems capable of
supporting the needs of the people.
The Pahala project does not include
facilities or improvements that will
affect telecommunications.
§ 226-19 Objectives and policies for socio-cultural advancement-
housing. (a) Planning for the State's socio-cultural advancement with
regard to housing shall be directed toward the achievement of the following
objectives:
The Pahala project does not include
facilities or improvements that will
affect housing.
§ 226-20 Objectives and policies for socio-cultural advancement-
health. (a) Planning for the State's socio-cultural advancement with regard
to health shall be directed towards achievement of the following objectives:
The Pahala project does not include
facilities or improvements that will
affect the health of this area of Hawai'i.
§ 226-21 Objective and policies for socio-cultural advancement-
education. (a) Planning for the State's socio-cultural advancement with
regard to education shall be directed towards achievement of the objective
of the provision of a variety of educational opportunities to enable individuals
to fulfill their needs, responsibilities, and aspirations
The Pahala project does include
facilities or improvements that will
affect the educational opportunities in
this area of Hawai'i.
§ 226-22 Objective and policies for socio-cultural advancement—social
services, (a) Planning for the State's socio-cultural advancement with
regard to social services shall be directed towards the achievement of the
objective of improved public and private social services and activities that
enable individuals, families, and groups to become more self-reliant and
confident to improve their well-being.
The Pahala project does not include
facilities or improvements that will
affect social services of this area of
Hawai'i.
§ 226-23 Objective and policies for socio-cultural advancement-
leisure. (a) Planning for the State's socio-cultural advancement with regard
to leisure shall be directed towards the achievement of the objective of the
adequate provision of resources to accommodate diverse cultural, artistic,
and recreational needs for present and future generations.
The Pahala project does not include
facilities or improvements that will
affect the leisure activities.
§ 226-24 Objective and policies for socio-cultural advancement-
individual rights and personal well-being, (a) Planning for the State's
socio-cultural advancement with regard to individual rights and personal
well-being shall be directed towards achievement of the objective of
increased opportunities and protection of individual rights to enable
individuals to fulfill their socio-economic needs and aspirations.
The Pahala project does not include
facilities or improvements that will
affect individual rights.
§ 226-25 Objective and policies for socio-cultural advancement-
culture. (a) Planning for the State's socio-cultural advancement with regard
to culture shall be directed toward the achievement of the objective of
enhancement of cultural identities, traditions, values, customs, and arts of
Hawai'i's people.
The Pahala project does not include
facilities or improvements that will
affect the cultural advancement.
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Table 6.1
Hawai'i State Plan Objectives and Policies
Objectives and Policies of the Hawai'i State Plan
Discussion
§ 226-26 Objectives and policies for socio-cultural advancement-
public safety, (a) Planning for the State's socio-cultural advancement with
regard to public safety shall be directed towards the achievement of the
following objectives:
The Pahala project does not include
facilities or improvements that will
adversely affect public safety of this
area of Hawai'i.
§ 226-27 Objectives and policies for socio-cultural advancement-
government. (a) Planning the State's socio-cultural advancement with
regard to government shall be directed towards the achievement of the
following objectives:
The Pahala project does not include
facilities or improvements that will
affect the advancement of government.
§ 226-101 Purpose. The purpose of this part is to establish overall priority
guidelines to address areas of statewide concern. [L 1978, c 100, pt of § 2;
am L 1984, c236, § 14]
The Pahala project does not include
facilities or improvements that will
affect overall priority guidelines of
statewide concern.
§ 226-102 Overall direction. The State shall strive to improve the quality of
life for Hawaii's present and future population through the pursuit of
desirable courses of action in seven major areas of statewide concern which
merit priority attention: economic development, population growth and land
resource management, affordable housing, crime and criminal justice,
quality education, principles of sustainability, and climate change
adaptation.
The Pahala project will affect short-
term economic development and jobs
during the construction period. The
Pahala project will not affect long-term
economic development, population
growth and land resource
management, affordable housing,
crime and criminal justice, quality
education and climate change
adaption. Removal of cesspools is
consistent with the principles of
sustainability.
§ 226-103 Economic priority guidelines, (a) Priority guidelines to
stimulate economic growth and encourage business expansion and
development to provide needed jobs for Hawaii's people and achieve a
stable and diversified economy.
(e) Priority guidelines for water use and development:
(1) Maintain and improve water conservation programs to reduce the
overall water consumption rate.
(2) Encourage the improvement of irrigation technology and promote the
use of nonpotable water for agricultural and landscaping purposes.
The Pahala project will stimulate
economic development and jobs during
the construction period.
§ 226-104 Population growth and land resources priority guidelines.
(a) Priority guidelines to effect desired statewide growth and distribution:
The Pahala project will not affect
population growth but may help protect
the environment and improve water
quality in nearby surface water
resources.
§ 226-105 Crime and criminal justice. Priority guidelines in the area of
crime and criminal justice:
The Pahala project will not affect crime
or criminal justice in the Pahala area.
§ 226-106 Affordable housing. Priority guidelines for the provision of
affordable housing:
The Pahala project will not affect
affordable housing in the Pahala area.
§ 226-107 Quality education. Priority guidelines to promote quality
education:
The Pahala project will not affect
education in the Pahala area.
§ 226-108 Sustainability. Priority guidelines and principles to promote
sustainability include:
(5) Promoting decisions based on meeting the needs of the present
without compromising the needs of future generations.
The Pahala project will close two large
capacity cesspools, replacing them
with secondary treatment and disposal
systems, thereby protecting
groundwater resources for future
generations, potentially benefitting the
health and vitality of the area coastal
and marine ecosystem.
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Table 6.1
Hawai'i State Plan Objectives and Policies
Objectives and Policies of the Hawai'i State Plan
Discussion
§ 226-109 Climate change adaptation priority guidelines. Priority
guidelines to prepare the State to address the impacts of climate change,
including impacts to the areas of agriculture; conservation lands; coastal and
nearshore marine areas; natural and cultural resources; education; energy;
higher education; health; historic preservation; water resources; the built
environment, such as housing, recreation, transportation; and the economy.
The wastewater treatment and disposal
facility will be designed to contain the
100-year, 24-hour storm event while
maintaining sufficient freeboard to
account for the uncertainty of climate
model projections.
6.1.2 State Fun ctional Plans
The Hawai'i State Plan directs appropriate state agencies to prepare Functional Plans to address
statewide needs, problems, and issues through recommended policies and actions. A total of 14
Functional Plans were prepared to implement the State Plan provisions in the areas of agriculture,
transportation, conservation lands, education, tourism, water resources, energy, recreation,
historic preservation, health, housing, higher education, employment, and human services. The
following presents a review of the Functional Plans which are applicable to the proposed project.
(a) Agriculture Functional Plan
Objective B: Achievement of an orderly agricultural marketing system through product
promotion and industry organization.
Policy B.2: Encourage the development of Hawaii's agricultural industries.
Objective C: Achievement of optimal contribution by agriculture to the state's economy.
Discussion: Agriculture is the major source of economic activity in Ka'u. The 2012 Census of
Agriculture shows 18,006 acres of land in the State of Hawai'i were dedicated to growing
macadamia trees, of which 17,378 acres were located in Hawai'i County. Though the proposed
wastewater treatment and disposal facility project site is currently planted with macadamia trees,
the proposed project will have negligible impact on the macadamia industry in Ka'u as the 14.9-
acre project site is relatively small compared to the 17,378 acres dedicated to macadamia
production in Hawai'i County. Moreover, the project site is situated on poorer-quality agriculture
land. According to the Land Study Bureau Agricultural Productivity Ratings Map about 50 percent
of the project site is classified as having Good productivity, while the 50 percent has a productivity
rating of Poor. Furthermore, according to the Agricultural Lands of Importance to the State of
Hawai'i Classification System only 20 percent of the treatment and disposal project site is
considered Prime Lands with roughly 40 percent deemed Other Lands, while the remaining 40
percent is Unclassified. Overall, the proposed wastewater treatment and disposal facility will be
sited and designed to minimize the use of agricultural lands for non-agricultural purposes.
Removal of 14.9 acres from macadamia nut production will not adversely affect the total
macadamia nut acreage in the state or the County. Further, use of the 14.9-acre area for the
treatment and disposal facility will not be contrary to the objective of contribution of agriculture to
the state's economy.
(b) Historic Preservation Functional Plan
Objective B: Protection of Historic Properties
Policy B.2. Establish and make available a variety of mechanisms to better protect
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historic properties.
Objective C: Management and Treatment of Historic Properties
Policy C.3. Explore innovative means to better manage historic properties.
Policy C.4. Encourage proper preservation techniques.
Discussion: The wastewater collection system will be constructed primarily within the existing
County streets in the Pahala community which has been previously disturbed when the streets
were constructed. Preliminary analysis shows the wastewater treatment and disposal facility will
be constructed in an area that does not contain archaeological resources. An Archaeological
Inventory Survey (AIS), which included subsurface testing, was conducted to confirm the
presence or absence of archaeological resources on the project site. The AIS confirmed no
significant artifacts or cultural deposits were observed on the ground surface within the proposed
treatment and disposal facility site as the area experiences ongoing disturbance by macadamia
harvesting operations and stormwater runoff. Further, no cultural deposits or lava tubes were
encountered during the subsurface trenching. Under HRS § 6E-8 and in accordance with HAR §
13-275-7(a)(1), the County of Hawai'i Department of Environmental Management's (DEM) project
effect determination is "no historic properties affected." Construction will not proceed until the
State Historic Preservation Division (SHPD) has approved the AIS. For more information, please
refer to Appendix D.
The contract drawings will state that, should archaeological sites such as walls, platforms,
pavements or mounds, or remains such as artifacts, burials, concentrations of shell or charcoal
be encountered during construction activities, work shall cease immediately and the find shall be
protected from further damage. The contractor shall immediately contact SHPD, who will assess
the significance of the find and recommend an appropriate mitigation measure, if necessary.
6.1.3 State Land Use District
The State Land Use Law, HRS 205 (Land Use Commission), is intended to preserve, protect and
encourage the development of lands in the state for uses that are best suited to the public health
and welfare of Hawai'i's people. Under HRS 205, all lands in the State of Hawai'i are classified
by the State Land Use Commission into four major categories referred to as State Land Use
Districts. These districts are identified as the Urban District, Agricultural District, Conservation
District, and Rural District.
Discussion: The wastewater treatment and disposal facility is located in the Agricultural District.
Uses in the Agricultural District are governed by HRS 205. Permissible uses in the Agricultural
District are set forth in HRS § 205-4.5 (a)(7) which states "Public, private, and quasi-public utility
lines and roadways, transformer stations, communications equipment buildings, solid waste
transfer stations, major water storage tanks, and appurtenant small buildings such as booster
pumping stations, but not including offices or yards for equipment, material, vehicle storage, repair
or maintenance, or treatment plants, or corporation yards, or other like structures."
HRS § 205-4.5(b) states: "Uses not expressly permitted in subsection (a) shall be prohibited,
except the uses permitted as provided in sections 205-6 and 205-8." HRS § 205-6(a) states:
"Subject to this section, the county planning commission may permit certain unusual and
reasonable uses within agricultural and rural districts other than those for which the district is
classified. Any person who desires to use the person's land within an agricultural or rural district
other than for an agricultural or rural use, as the case may be, may petition the planning
commission of the county within which the person's land is located for permission to use the
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person's land in the manner desired." Based on the above, the County will apply for a Special
Permit which will require approval by the County Planning Commission.
6.1.4 Chapter 344, State Environmental Policy
The State's Environmental Policy is contained in Chapter 344 of HRS. The purpose of HRS 344
is to "establish a state policy which will encourage productive and enjoyable harmony between
people and their environment, promote efforts which will prevent or eliminate damage to the
environment and biosphere and stimulate the health and welfare of humanity, and enrich the
understanding of the ecological systems and natural resources important to the people of
Hawai'i."
HRS § 344-3 (Environmental policy) provides: It shall be the policy of the State, through its
programs, authorities, and resources to:
Conserve the natural resources, so that land, water, mineral, visual, air and other natural
resources are protected by controlling pollution, by preserving or augmenting natural
resources, and by safeguarding the State's unique natural environmental characteristics
in a manner which will foster and promote the general welfare, create and maintain
conditions under which humanity and nature can exist in productive harmony, and fulfill
the social, economic, and other requirements of the people of Hawai'i.
Enhance the quality of life by:
(D) Establishing a commitment on the part of each person to protect and
enhance Hawai'i's environment and reduce the drain on nonrenewable
resources.
HRS § 344-4 (Guidelines) states: In pursuance of the state policy to conserve the natural
resources and enhance the quality of life, all agencies, in the development of programs, shall,
insofar as practicable, consider the following guidelines:
(2) Land, water, mineral, visual, air, and other natural resources.
(A) Encourage management practices which conserve and fully utilize all
natural resources;
(B) Promote irrigation and waste water management practices which conserve
and fully utilize vital water resources;
(C) Promote the recycling of waste water;
Discussion: One of the purposes of the project is to close the LCCs which have been used for
years for disposal of untreated sewage from Pahala community. Although use of the LCCs has
not resulted in known adverse effects to groundwater resources or the drinking water sources for
the community, closure of the LCCs will remove this possible source of contamination. Thus, the
Pahala LCC Replacement Project will enhance the groundwater resources in the area. This will
be compatible with the objective to prevent or eliminate damage to the environment. As discussed
throughout Section 3, the Proposed Action will incorporate mitigation measures to protect and
conserve natural resources.
6.1.5 Hawai'i Coastal Zone Management Program
The Coastal Zone Management (CZM) Program was created through passage of the Coastal
Zone Management Act of 1972. Hawai'i's CZM Program, adopted as HRS Chapter 205A,
provides a basis for protecting, restoring and responsibly developing coastal communities and
resources. The Hawai'i CZM area includes all lands within the state and the areas seaward to the
extent of the state's management jurisdiction. Thus, the Pahala project is located in the CZM area.
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A discussion of the project's consistency with the objectives and policies of the CZM Program is
provided below.
(a) Recreational Resources
Objective:
Provide coastal recreational opportunities accessible to the public.
Policies:
(E) Improve coordination and funding of coastal recreational planning and
management; and
/'. Provide adequate, accessible, and diverse recreational opportunities in the
coastal zone management area by: Protecting coastal resources uniquely
suited for recreational activities that cannot be provided in other areas;
Requiring replacement of coastal resources having significant recreational
value, including but not limited to surfing sites, fishponds, and sand beaches,
when such resources will be unavoidably damaged by development; or
requiring reasonable monetary compensation to the state for recreation when
replacement is not feasible or desirable;
//'/'. Providing and managing adequate public access, consistent with conservation
of natural resources, to and along shorelines with recreational value;
iv. Providing an adequate supply of shoreline parks and other recreational
facilities suitable for public recreation;
v. Ensuring public recreational use of county, state, and federally owned or
controlled shoreline lands and waters having recreational value consistent with
public safety standards and conservation of natural resources;
vi. Adopting water quality standards and regulating point and nonpoint sources of
pollution to protect, and where feasible, restore the recreational value of
coastal waters.
viV. Developing new shoreline recreational opportunities, where appropriate, such
as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing;
and
viii. Encouraging reasonable dedication of shoreline areas with recreational value
for public use as part of discretionary approvals or permits by the land use
commission, board of land and natural resources, and county authorities; and
crediting such dedication against the requirements of section 46-6.
Discussion: All project locations are at least 3.3 miles from the shoreline and, as such, coastal
recreational resources will not be affected.
(b) Historic Resources
Objective:
(B) Protect, preserve and, where desirable, restore those natural and manmade
historic and prehistoric resources in the coastal zone management area that are
significant in Hawaiian and American history and culture.
Policies:
(D) Identify and analyze significant archaeological resources;
(E) Maximize information retention through preservation of remains and artifacts or
salvage operations; and
(F) Support state goals for protection, restoration, interpretation, and display of historic
resources.
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The wastewater collection system will be constructed primarily within the existing County streets
within the Pahala community which has been previously disturbed when the streets were
constructed. Preliminary analysis shows the wastewater treatment and disposal facility will be
constructed in an area that does not contain archaeological resources. An AIS, which included
subsurface testing, was conducted to confirm the presence or absence of archeological resources
on the project site. The AIS confirmed no significant artifacts or cultural deposits were observed
on the ground surface within the proposed treatment and disposal facility site as the area
experiences ongoing disturbance by macadamia harvesting operations and stormwater runoff.
Further, no cultural deposits or lava tubes were encountered during the subsurface trenching.
Under HRS § 6E-8, and in accordance with HAR § 13-275-7(a)(1), the County of Hawai'i DEM's
project effect determination is "no historic properties affected." Construction will not proceed until
SHPD has approved the AIS. For more information, please refer to Appendix D.
The contract drawings will state that, should archaeological sites such as walls, platforms,
pavements or mounds, or remains such as artifacts, burials, concentrations of shell or charcoal
be encountered during construction activities, work shall cease immediately and the find shall be
protected from further damage. The contractor shall immediately contact SHPD, who will assess
the significance of the find and recommend an appropriate mitigation measure, if necessary.
(c) Scenic and Open Space Resources
Objective:
(B) Protect, preserve, and where desirable, restore or improve the quality of coastal
scenic and open space resources.
Policies:
(E) Identify valued scenic resources in the coastal zone management area;
(F) Ensure that new developments are compatible with their visual environment by
designing and locating such developments to minimize the alteration of natural
landforms and existing public views to and along the shoreline;
(G) Preserve, maintain, and, where desirable, improve and restore shoreline open
space and scenic resources; and
(H) Encourage those developments which are not coastal dependent to locate in
inland areas.
Discussion: All project locations are at least 3.3 miles from the shoreline and, as such, coastal
scenic and open space resources will not be affected.
(d) Coastal Ecosystems
Objective:
(A) Protect valuable coastal ecosystems, including reefs, from disruption and minimize
adverse impacts on all coastal ecosystems.
Policies:
(F) Exercise an overall conservation ethic, and practice stewardship in the protection,
use, and development of marine and coastal resources;
(G) Improve the technical basis for natural resource management;
(H) Preserve valuable coastal ecosystems, including reefs, of significant biological or
economic importance;
(I) Minimize disruption or degradation of coastal water ecosystems by effective
regulation of stream diversions, channelization, and similar land and water uses,
recognizing competing water needs; and
(J) Promote water quantity and quality planning and management practices that
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reflect the tolerance of fresh water and marine ecosystems and maintain and
enhance water quality through the development and implementation of point and
nonpoint source water pollution control measures.
Discussion: All project locations are at least 3.3 miles from the shoreline and, as such, coastal
ecosystems will not be adversely affected.
(e) Economic Uses
Objective:
(B) Provide public or private facilities and improvements important to the State's
economy in suitable locations.
Policies:
(D) Concentrate coastal dependent development in appropriate areas;
(E) Ensure that coastal dependent developments such as harbors and ports, and
coastal related development such as visitor facilities and energy generating
facilities, are located, designed, and constructed to minimize adverse social,
visual, and environmental impacts in the coastal zone management area; and
(F) Direct the location and expansion of coastal dependent developments to areas
presently designated and used for such developments and permit reasonable long-
term growth at such areas, and permit coastal dependent development outside of
presently designated areas when:
(iv) Use of presently designated locations is not feasible;
(v) Adverse environmental effects are minimized; and
(vi) The development is important to the State's economy.
Discussion: All project locations are at least 3.3 miles from the shoreline. The collection system
and the wastewater treatment and disposal facility have been sited in suitable locations to serve
the Pahala community.
(f) Coastal Hazards
Objectives:
(A) Reduce hazard to life and property from tsunami, storm waves, stream flooding,
erosion, subsidence, and pollution.
Policies:
(C) Develop and communicate adequate information about storm wave, tsunami,
flood, erosion, subsidence, and point and nonpoint source pollution hazards;
(D) Control development in areas subject to storm wave, tsunami, flood, erosion,
hurricane, wind, subsidence, and point and nonpoint pollution hazards;
(F) Ensure that developments comply with requirements of the Federal Flood
Insurance Program;
(G) Prevent coastal flooding from inland projects.
Discussion: All project locations are at least 3.3 miles from the shoreline and at least 580 feet
above mean sea level (msl). Based on the location, the proposed collection system and
wastewater treatment and disposal facility will not be subject to (and will not exacerbate) coastal
hazards and do not include improvements related to tsunami, storm waves, stream flooding
erosion, subsidence and pollution.
(g) Managing Development
Objective:
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(A) Improve the development review process, communication, and public participation
in the management of coastal resource and hazards.
Policies:
(D) Use, implement, and enforce existing law effectively to the maximum extent
possible in managing present and future coastal zone development;
(E) Facilitate timely processing of applications for development permits and resolve
overlapping or conflicting permit requirements; and
(F) Communicate the potential short- and long-term impacts of proposed significant
coastal developments early in their life cycle and in terms understandable to the
public to facilitate public participation in the planning and review process.
Discussion: In December 2017, a total of five community outreach sessions regarding the project
were conducted in the Pahala community. A public information meeting for the Draft EA was held
in October 2018. All project locations are at least 3.3 miles from the shoreline. The collection
system and wastewater treatment and disposal facility do not involve management of coastal
resources and hazards.
(h) Public Participation
Objective:
(B) Stimulate public awareness, education, and participation in coastal management.
Policies:
(D) Promote public involvement in coastal zone management processes;
(E) Disseminate information on coastal management issues by means of educational
materials, published reports, staff contact, and public workshops for persons and
organizations concerned with coastal issues, developments, and government
activities; and
(F) Organize workshops, policy dialogues, and site-specific mediations to respond to
coastal issues and conflicts.
Discussion: In December 2017, a total of five community outreach sessions were conducted in
the Pahala community. A public information meeting for the Draft EA was held in October 2018.
The County also conducted a meeting in March 2019 to gain further input from newly accessible
property owners and to fulfill a County commitment made in October 2018 to research and provide
financing options available to owners of parcels that will become newly accessible to the County
collection system. All project locations are at least 3.3 miles from the shoreline.
(i) Beach Protection
Objective:
(A) Protect beaches for public use and recreation.
Policies:
(I) Locate new structures inland from the shoreline setback to conserve open space,
minimize interference with natural shoreline processes, and minimize loss of
improvements due to erosion;
(J) Prohibit construction of private erosion-protection structures seaward of the
shoreline, except when they result in improved aesthetic and engineering solutions
to erosion at the sites and do not interfere with existing recreational and waterline
activities; and
(K) Minimize the construction of public erosion-protection structures seaward of the
shoreline.
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Discussion: All project locations are at least 3.3 miles from the shoreline. The collection system
and the wastewater treatment and disposal facility project does not include improvements that
will affect public use beaches.
(j) Marine Resources
Objective:
(A) Promote the protection, use, and development of marine and coastal resources to
assure their sustainability.
Policies:
(L) Ensure that the use and development of marine and coastal resources are
ecologically and environmentally sound and economically beneficial;
(M) Coordinate the management of marine and coastal resources and activities to
improve effectiveness and efficiency;
(N) Assert and articulate the interests of the State as a partner with federal agencies
in the sound management of ocean resources within the United States exclusive
economic zone;
(O) Promote research, study, and understanding of ocean processes, marine life, and
other ocean resources in order to acquire and inventory information necessary to
understand how ocean development activities relate to and impact upon ocean
and coastal resources; and
(P) Encourage research and development of new, innovative technologies for
exploring, using, or protecting marine and coastal resources.
All project locations are at least 3.3 miles from the shoreline. The collection system and the
wastewater treatment and disposal facility project does not include improvements that will affect
development of marine and coastal resources.
6.2 Hawai'i County Land Use Plans and Policies
6.2.1 Hawai'i County General Plan
The existing General Plan was adopted in 2005. According to that plan, a comprehensive review
process is to be initiated no more than 10 years after the previous review. A lot has happened on
the Island of Hawai'i since 2005, including population growth, natural disasters, technological
advancements, and the emphasis on sustainability. These factors are being considered in the
2015 General Plan. The Planning Director is responsible for leading the review process and
recommending amendments to the Plan. Since this review has not been completed, the 2005
General Plan will be used for analysis.
The February 2005 General Plan serves as a policy document outlining long range
comprehensive development on the Island of Hawai'i, providing broad goals, objectives, policies,
and implementing actions that portray the desired direction of the County's future. Purposes of
the General Plan include:
• Guide the pattern of future development in this County based on long-term goals.
• Identify the visions, values, and priorities important to the people of this County.
• Provide the framework for regulatory decisions, capital improvement priorities,
acquisition strategies, and other pertinent government programs within the County
organization and coordinated with State and Federal programs.
• Improve the physical environment of the County as a setting for human activities; to
make it more functional, beautiful, healthful, interesting, and efficient.
• Promote and safeguard the public interest and the interest of the County as a whole.
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• Facilitate the democratic determination of community policies concerning the
utilization of its natural, man-made, and human resources.
• Effect political and technical coordination in community improvement and
development.
• Inject long-range considerations into the determination of short-range actions and
implementation.
The planning process utilized for the current comprehensive review and revision of the General
Plan included an assessment of the General Plan elements relative to new data, laws, and
methods of analysis. Each study element was then analyzed and evaluated in relation to all other
elements, County and district goals, and the land use pattern. Potentially, a change in one element
could affect other elements as well as the land use pattern. Similarly, a change in County and
district goals could potentially be reflected in all elements and in the land use pattern.
The comprehensive review of the General Plan gathered and assessed the data related to each
element to identify present conditions and problems and future possibilities. The study elements
utilized in the General Plan included the following:
Economic: Describes the human, capital, and natural resources used to produce goods
and services for consumption in local and overseas markets.
Energy: Describes the energy situation for the County and explains the incentive for
promoting energy conservation and the development of indigenous energy resources
including solar, wind, hydrologic, and geothermal.
Environmental Quality: Identifies the factors affecting the island's environmental quality
and describes the precautions and safeguards necessary to maintain and improve the
quality of the environment for the physical, psychological, and social wellbeing of residents
and visitors.
Flooding and Other Natural Hazards: Pertains to the conservation and protection of life,
improvements, and natural resources from excess runoff due to either man-made
improvements, natural causes, or inundation from tsunamis and heavy seas.
Historic Sites: Identifies sites and buildings of historical and cultural importance.
Natural Beauty: Identifies areas of unique natural beauty that are a principle asset of the
island, and encourages programs for their conservation, preservation, and integration with
other elements.
Natural Resources and Shoreline: Describes the valuable and often irreplaceable
natural assets of the island and encourages programs for their proper management and
protection.
Housing: Addresses the requirements for and the quantity, quality, and distribution of
housing units in the County. This element also addresses critical housing problems of the
County.
Public Facilities: Pertains to the location and distribution of facilities for education, public
safety, social, health services and other government operations.
Public Utilities: Describes the distribution of power, light, and water; the collection and
disposal of solid waste and sewage; and the provision of other communication utilities that
are essential to the efficient functioning of a community.
Recreation: Examines the requirements of the County for active and passive outdoor
activities, cultural events and pastimes, as well as attendant facilities and areas.
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Transportation: Describes the requirements for air and water transport terminal facilities
linking the County with the rest of the State and overseas areas, and the island's network
of streets, highways, and roads.
Land Use: Studies the relationship of human activities to the uses of land and the location,
spatial relationship, and topography This element is subdivided into the following
designations according to uses:
Agricultural: Encompasses all types of agricultural endeavors and specified industrial
uses, residential and ancillary community and public and accessory uses.
Commercial: Comprised of industries in the retail trade and service categories and certain
non-noxious enterprises from other industrial classifications.
Industrial: Includes uses that may not be compatible with commercial areas (such as
manufacturing and processing, wholesaling, large storage and transportation facilities,
power plants, and government baseyards) as well as other industrial, manufacturing, or
wholesaling uses.
Multiple Residential: Includes duplexes, apartments, town houses and similar types of
residential structures and ancillary community and public uses.
Open Space: Includes conservation lands, forest and water reserves, natural and
scientific preserves, and potential natural hazard areas.
Public Lands: Includes Federal, State, County, and University owned lands.
Resort: Consists primarily of areas with basic amenities and attributes that attract
developments of visitor accommodations and related facilities.
Single-Family Residential: Consists of single-family detached houses and ancillary
community and public uses.
Discussion: Based on the above, the Pahala LCC Replacement project will be consistent with
the Public Utilities element by providing a wastewater collection system designed to the applicable
current standards used by the County. As previously described, the current collection system
includes lines located the backyard of many of the parcels in the community. The County must
obtain permission from each landowner to access lines on private property to inspect, maintain,
repair, or replace the lines. The proposed collection system will be located within the public streets
in the community or within accessible easements which allow the County to inspect, maintain,
repair or replace the lines, all of which are essential to an efficient functioning community.
Pahala currently disposes untreated sewage into LCCs, which have been banned by EPA. The
proposed secondary treatment to replace the LCCs consists of aerated lagoons, a subsurface
flow wetland, and a disinfection system. The disposal system consists of a slow-rate land
application system that is a form of land treatment that is recognized by EPA. The treatment and
disposal facility will provide a system to replace the banned LCCs which will be essential to an
efficient functioning community.
The General Plan discusses sewers in Section 11.6. The plan states:
Adequate sewer disposal systems are vital to safeguard public health and preserve the
environment. An adequate system is one that minimizes contamination of both the
groundwater supply and the coastal waters, beaches and waterborne recreational areas
and is not a visual and odor nuisance.
About 11 per cent of the County's population is served by cesspools. There is an
increasing need to create a better system than individual cesspools, particularly in highly
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urbanized and shoreline areas. This is due to the possible pollution of groundwater as well
as cesspool seepage into coastal waters. More stringent pollution controls, especially in
water quality standards, are being imposed by regulatory agencies. The State Department
of Health (DOH) intends to promulgate rules that will prohibit cesspools in the County of
Hawaii. [In 2017, the State passed Act 125 requiring all cesspools statewide to be
upgraded/closed by 2050.]
Hawai'i County presently operates municipal sewerage in Hilo, Papa'ikou, Kapehu,
Pepe'ekeo and Kealakehe. The remaining communities are served by private wastewater
treatment facilities or individual facilities such as cesspools or septic tanks.
In August 1991, the State Department of Health adopted rules that require the use of
septic systems in the most critical wastewater disposal areas. Critical wastewater disposal
areas are areas around the island where cesspools are permitted. Sewerage disposal
system designs must be examined with the particular area in mind. However, it is important
to note that the critical wastewater disposal areas may be eliminated in the near future
when the State Department of Health implements the prohibition of cesspools.
Specific standards are discussed in Section 11.6.3 Standards which includes the following.
(a) Incorporate sewage works standards proposed in the "Sewerage Study for All Urban
and Urbanizing Areas of the County of Hawai'i" and the "Water Quality Management
Plan for the County of Hawai'i."
(b) Sewerage systems shall be designed for a particular area, depending on topography,
geology, density of population, costs, and other considerations of the specific area.
(c) There shall be a minimum of visual and odor pollution emanating from sewerage
treatment facilities.
(d) Applicable standards and regulations of the State Department of Health, Chapter 23
"Underground Injection Control."
(e) Applicable standards and regulations of the State Department of Health, Chapter 54
"Water Quality Standards."
(f) Applicable standards and regulations of the State Department of Health, Chapter 55
"Water Pollution Control."
(g) Applicable standards and regulations of the State Department of Health, Chapter 62,
HRS, "Wastewater Systems."
(h) Applicable standards and regulations of Chapter 342, HRS; Act 282, Session Laws
of Hawai'i 1985; and Act 302, Session Laws of Hawai'i 1986, Relating to
Environmental Quality.
(i) All wastewater disposal systems shall conform to the applicable provisions of Chapter
11-62, Hawai'i Administrative Rules for the Department of Health to ensure proper
treatment and disposal of wastewater and to prevent further contamination of
waterways, underground water sources, and the coastal waters.
Discussion: The proposed secondary treatment to replace the LCCs consists of aerated lagoons,
a subsurface flow wetland, and a disinfection system. The disposal system consists of a slow-
rate land application system that is a form of land treatment that is recognized by EPA. The
treatment and disposal facility will be designed to meet rules and regulations applicable to the
facility which will replace the banned LCCs. The design drawings and related calculations and
analysis will be submitted to the DOH for review and comment. The design of the facility will
require approval by the DOH before the DOH will issue an approval to operate the treatment and
disposal facility.
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6.2.2 Ka'u Community Development Plan
The County of Hawai'i General Plan calls for the preparation of community development plans
(CDPs) "to translate the broad General Plan statement to specific actions as they apply to specific
geographical areas." The Ka'u CDP is one of nine CDPs for Hawai'i County. In October 2017, the
Ka'u CDP was adopted as Ordinance No. 2017-66. The purpose of CDPs is to implement the
broad goals within the General Plan on a regional basis and to translate the broad General Plan
statements into specific actions. CDPs are the forum for community input into managing growth
and coordinating the delivery of government services to the community. CDPs designate detailed
development patterns and direct physical development and public improvements by detailing land
use policies and infrastructure priorities.
There are two types of County policies in the CDP:
1. "Land Use Policies" are the official land use policy guidance for the Ka'u CDP planning
area and shall be implemented through all County of Hawai'i actions. In addition, the Land
Use Policies shall inform County recommendations to other agencies, including the State
Land Use Commission regarding district boundary amendments, special permits, and
other applications in Ka'u.
There are two aspects of Land Use Policies:
Policy Intent: These are general statements that express policy aims or objectives. From
a legal standpoint, these "hortatory" policies are open to interpretation when applied in
specific instances.
Policy Controls: These limit the range of decisions that can be made in the future, like land
use policies that specifically designate future settlement or transportation patterns. These
binding, sometimes restrictive policy controls often include use of the term "shall," which,
from a legal standpoint, means the policy is imperative or mandatory.
The CDP distinguishes these two aspects of Land Use Policy. The applicable one is:
2. "County Actions" are the official County policies to guide future County priorities and
initiatives, including operating and capital budgets. These policies are not mandated,
legally-binding, or self-implementing; rather, they often require additional legislative and
administrative directives before being implemented (e.g., land acquisition, capital
improvement appropriations, code changes, incentive measures).
All of the CDP Land Use Policies are designed to preserve the preferred future settlement pattern
and achieve the Community Objectives as Ka'u grows. There are Land Use Policies designed to
protect coastal areas, agricultural lands, mauka forests, scenic areas, sensitive ecosystems,
cultural resources, and public access. The following Land Use Policies speak more generally to
the preservation of the preferred settlement pattern in Ka'u, including the relative location of
residential, commercial, industrial, and resort areas.
A series of 15 policies are shown in the Ka'u CDP to guide land uses within Pahala. Figure 6.1
shows the land use policy map for Pahala.
Policy 1 Rehabilitate and develop within existing zoned urban areas already served by
basic infrastructure, or close to such areas, instead of scattered development.
Policy 2 Concentrate commercial uses within and surrounding central core areas in
Pahala, Na'alehu, and Ocean View and do not allow strip or spot commercial
development outside of the designated urban areas.
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Land Use Policy Map
for Pahala
LUPAG Designations
Extensive Agriculture
Important Ag. Lands
Industrial
Low Density Urban
Medium Density Urban
]Feet
0 250 500 1,000 1,500
County of Hdvwi'i Planning Department CIS - Oc tober 2014
Figure 6.1. Community Development Plan Land Use Policy Map
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Policy 3 Commercial facilities shall be developed in areas adequately served by
necessary services, such as water, utilities, sewers, and transportation
systems. Should such services not be available, the development of more
intensive uses should be in concert with a localized program of public and
private capital improvements to meet the expected increased needs.
Policy 4 Industrial development shall be located in areas adequately served by
transportation, utilities, and other essential infrastructure.
Policy 1 With the adoption of the Ka'u CDP, the Land Use Policy Map is adopted as the
official policy for the Ka'u CDP planning area. Future land use decisions in the
Ka'u CDP planning area shall be consistent with the Land Use Policy Map
boundaries, designations, and policies herein, unless the CDP and the General
Plan are in direct conflict.
Policy 8 In the "Low Density Urban (LDU)" Land Use Policy Map category in the Ka'u
CDP planning area, changes of zone shall only be permitted to Single-Family
Residential (RS), Multiple-Family Residential (RM-7.5 or higher), Residential-
Commercial Mixed Use (RCX-7.5 or higher), or Open (0).
In Pahala, this policy supports a rezone of TMKs (3)9-6-002:016 & 023:034 from
Agricultural (A-1a) and Industrial (ML-20 and MG-1a) to RS and/or 0 to take advantage
of existing water and road infrastructure.
Policy 9 If infill capacity is exceeded in areas designated "Low Density Urban (LDU)" on
the Land Use Policy Map in Pahala, it would be appropriate to designate TMK
(3)9-6-005:001 as LDU to take advantage of existing water and road
connections.
Policy 39 The urban growth boundary between agricultural areas (designated "Important
Agricultural Land" or "Extensive Agriculture") and developed areas (designated
"Rural," "Low/Medium/High Density Urban," "Industrial," or "Resort") is parcel-
specific in the Ka'u CDP planning area, except at Punalu'u and the
Low/Medium Density Urban and Industrial nodes in Ocean View. Areas outside
designated developed areas shall be preserved as agricultural lands, open
space, scenic view planes, and natural beauty areas, unless the CDP and the
General Plan are in direct conflict.
Policy 44 Through permit conditions, development agreements, deed restrictions, and/or
other means, ensure that areas in the "Important Agricultural Land" and
"Extensive Agriculture" Land Use Policy Map categories continue to be utilized
for agricultural uses and not for speculative or other residential development.
Policy 69 Protect, restore, and enhance the sites, buildings, and objects of significant
historical and cultural importance to Hawai'i.
Policy 70 Protect all rights, customarily and traditionally exercised for subsistence,
cultural and religious purposes and possessed by ahupua'a tenants who are
descendants of native Hawaiians who inhabited the Hawaiian Islands prior to
1778, subject to the right of the State to regulate such rights.
Policy 71 Review and comment by DLNR's State Historic Preservation Division (SHPD)
shall be requested for any permit or entitlement for use which may affect any
building, structure, object, district, area, or site that is over fifty years old, except
as provided in HRS section 6E-42.2.
Policy 72 In the "Low Density Urban" (LDU) and "Medium Density Urban" Land Use
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Policy Map categories, in those cases where provisions of the zoning and
subdivision codes are inconsistent with the character of surrounding
neighborhoods, variances or PUDs that maintain consistent village/town
character should be encouraged.
The development of commercial facilities should be designed to fit into the
locale with minimal intrusion while providing the desired services. Appropriate
infrastructure and design concerns shall be incorporated into the review of
such developments.
As appropriate to maintain community character while also accommodating
drainage, walkability, maintenance, and other site-specific needs when
improving existing roads in Pahala, Na'alehu, and Wai'dhinu, retain the current
road design, including pavement width and lack of curbs, gutters, sidewalks,
or paved shoulders and swales.
As appropriate to maintain community character while also accommodating
drainage, walkability, maintenance, and other site-specific needs, new roads
(both public and private) in the Ka'u CDP planning area may be constructed
without curbs, gutters, sidewalks, or paved shoulders and swales.
Implement protocols for receiving community input at meetings in Ka'u during
capital project siting and design. Consult with and solicit input from community
members with generational knowledge to minimize the impact of proposed
changes to the use of land on cultural practices, cultural sites, and culturally
significant areas, including burials.
Discussion: The Pahala LCC Replacement Project is consistent with land use policies as the
improvements are designed to serve the designated areas shown in the Land Use Policy Map,
which shows Pahala as primarily low density urban. The collection system and the wastewater
treatment and disposal facility will be consistent with the policy related to infill of commercial
development within the Pahala community. The collection system improvements are consistent
with the policy to maintain the community character as the improvements will retain the existing
pavement, including retention of streets, shoulders, and drainage systems.
Section 4.3 of the CDP protects agricultural land and open space from non-agricultural
development with the CDP Land Use Policy Map, urban growth boundaries, limits on Special
Permits and lots sizes, and restrictions on residential development. It also prioritizes agricultural
subdivision standards, revisions in water catchment variance rules, stronger farm dwelling
regulations and tax incentive programs, development of transfer of development rights and land
bank programs, State Important Agricultural Land designations, and expedited lot consolidation
in existing rural subdivisions.
Policy 40 Special permits of any kind in the "Important Agricultural Land" and "Extensive
Agriculture" Land Use Policy Map categories should not be permitted in the
Ka'u CDP planning area, except for the following uses (as defined in HCC
chapter 25):
• Agriculture and Related Economic Infrastructure: Animal hospitals,
Veterinary establishments, Fertilizer yards utilizing only manure and
soil, for commercial use
• Cottage Industry related to Agriculture: Bed and breakfast
establishments, Guest ranches, Lodges, Home occupations
• Community Facilities: Community buildings, Public uses and
structures, Shooting ranges, ATV courses (in areas without cultural,
Policy 73
Policy 74
Policy 75
Policy 90
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natural resource, or scenic value)
• Quarries whose permit conditions address geotechnical, engineering,
safety, private road use, oversight, and any site-specific issues.
• Urban Uses in Ocean View: Uses consistent with the LDU, MDU, and
Industrial LUPAG categories indicated on the Ka'u CDP Land Use
Policy Map in Ocean View, until the SLU boundaries are amended
(from Agriculture to Urban).
The Planning Commission shall also include in any Special Permit approval (or recommend for
approval to the State Land Use Commission) appropriate performance conditions to achieve CDP
objectives and implement CDP policies. (HRS 205-6(c) and Planning Commission Rules 6-
3(a)(5)(G), 6-7, & 6-8)
Discussion: The collection system and the wastewater treatment and disposal facility will be
owned the County of Hawai'i and managed and operated by the County of Hawai'i DEM. As such,
the improvements will be a public use and structure. The DEM will file a Special Permit for review
and approval by the County Planning Commission.
Section 5 of the CDP prioritizes improvements in infrastructure, facilities, and services, including
Section 5.8 applicable to Environmental Management as shown below.
• Environmental management facilities, including expanded sewer lines, the Ocean View
transfer station, green waste facilities, and improvements in the Pahala transfer station
Policy 120 Extend the primary wastewater collection lines in Pahala and Na'alehu so that
infill development projects can connect wastewater systems built for new
subdivisions to the County systems.
Discussion: The collection system will be consistent with Policy 120 as the improvements for the
Pahala LCC Replacement Project have been designed not to preclude expansion to
accommodate the Pahala community. Similarly, the wastewater treatment and disposal facility
has been designed not to preclude expansion to accommodate the future needs of the Pahala
community. Future subdivisions would be accommodated, as capacity allows, on a first-come,
first-served basis.
Further, the Preliminary Engineering Report (PER) Section 5.6 (Appendix B) provides information
related improvements needed to wastewater services to the Pahala community as envisioned in
the CDP. The PER Section 5.6.2 states:
"To accommodate the flow increase anticipated from the full buildout of the Pahala
wastewater collection system, the [wastewater treatment and disposal facility] (WWTP)
will require facility upgrades. The recommended upgrades include headworks and odor
control expansion within the 14.9-acre site. Additionally, the lagoon system will require
modifications. Lagoon 1 will be converted to a complete mix aerated lagoon environment
to accommodate wastewater treatment needs. In a complete mix aerated lagoon,
sufficient mixing energy is provided to maintain the lagoon solids in suspension always.
A completely mixed aerated lagoon system performs as an activated sludge process
without solid recycle. The higher mixing energy, as compared to a partial mix lagoon,
creates greater opportunity for contact between the naturally-occurring micro-organisms
in the lagoon and dissolved organic matter. As a result, complete mix lagoons provide
greater levels of treatment within a smaller volume than partial mix lagoons. However,
facilities must be provided downstream of complete mixed lagoons to allow removal of
settleable solids from the water column. To provide a place for solid settling, lagoons 2
through 4 will continue to act as partial mix aerated lagoons downstream of the complete
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mix lagoon 1. Lagoon 4 will require no aeration and will continue to be covered to
deprive algae of sunlight and allow suspended solids to settle out of the system effluent.
Utilizing this lagoon system approach, the Pahala WWTP will require modification at full
buildout flow, but is not anticipated to expand beyond the initial build 14.9-acre site."
6.2.3 County of Hawai'i Zoning
Hawai'i County Code (HCC) Chapter 25 regulates land use in accordance with adopted land use
policies. The code presents permitted uses and structures, development standards, and height
controls for each zoning district.
The wastewater treatment and disposal facility will be owned the County of Hawai'i and managed
and operated by the County of Hawai'i DEM. The facility will be a "public use" as defined by HCC
§ 25-1-5, as a use conducted by or a structure or building owned or managed by the federal
government, the State of Hawai'i or the County to fulfill a governmental function, activity or service
for public benefit and in accordance with public policy.
HCC § 25-2-71 (c)(1) states: Plan approval shall be required in all applicable districts prior to the
construction or establishment of public uses, structures and buildings and community buildings,
as permitted under section 25-4-11.
HCC § 25-4-11(c) states: Public uses, structures and buildings and community buildings are
permitted uses in any district, provided that the director has issued plan approval for such use.
6.2.4 County of Hawai'i Special Management Area
Pursuant to the Hawai'i CZM Program, HRS Chapter 205A, the counties have enacted ordinances
establishing Special Management Areas (SMAs) that are in close proximity to the shoreline. Any
"development" within the SMA requires an SMA Use permit administered by the County of Hawai'i
Planning Department. Through the SMA permit system, the County assesses and regulates
developments proposed for areas located within the SMA. The Pahala LCC Replacement Project
is located within the Pahala community which lies about 3.8 miles from the shoreline area and is
not located within an SMA. As such, the project will not be subject to requirements of an SMA use
permit.
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7 PUBLIC PARTICIPATION
7.1 Community Outreach Program
A community outreach program was conducted to exchange information about the Pahala Large
Capacity Cesspool (LCC) Replacement Project and to work with affected residents and the
general community on how to implement the project on both personal and community levels.
These talk story sessions are designed to optimize community conversations in informal and
comfortable sessions. The first round of community outreach on the current effort to implement
the Pahala LCC Replacement Project included five sessions as follows:
1. Tuesday, December 12, 2017 at 6:00 p.m. - Ka'u Gym Multi-Purpose Conference Room
2. Wednesday, December 13, 2017 at 10:00 a.m. - Pahala Community Center
3. Wednesday, December 13, 2017 at 6:00 p.m. - Pahala Community Center
4. Thursday, December 14,2017 at 10:00 a.m. - Ka'u Gym Multi-Purpose Conference Room
5. Thursday, December 14, 2017 at 6:00 p.m. - Pahala Community Center
The target outcomes for the first round of engagement were the following:
• Assure residents the project team was there to listen. In these talk story sessions, the
project team emphasized the need to listen to understand the community and how to
continue conversations. Further, the project team stressed in each session that these
community outreach discussions are taking place very early in the planning and
implementation process. Hence, it was stressed that, while there may be limited
information at this time, the team was there to listen and convey questions and comments
to Department of Environmental Management (DEM). That way, in the next round of
meetings, DEM will be able to provide more information to address community concerns.
• Help residents understand what is being proposed. It was important to present project
information in ways that are simple, accurate, relevant and conducive to continuing
dialogue.
• Establish a point of departure to move towards future actions and solutions. Pahala
residents have had different experiences with wastewater disposal over the years. For
some, they transitioned from a plantation-operated system to a County-run operation. For
others, they installed their own systems. The talk story sessions were intended to clearly
differentiate between previous efforts and the current proposed project.
• Comply with U.S. Environmental Protection Agency (EPA) deadline of December 15,
2017, to hold initial public meeting. DEM and EPA established a schedule for
completion of key milestones. The talk story sessions comprised several initial public
meetings and were organized to comply with this schedule. The approach was intended
to initiate a process that engages all Pahala residents, while recognizing that the project
will affect some people directly during construction and operation of the new collection
system and new wastewater treatment and disposal facility.
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Invitations and announcements for the talk story sessions were intended to reach all audiences,
as follows:
• Property owners with C. Brewer lines on their property were mailed letters from DEM
inviting them to these sessions. The letters included stamped, mail-in postcards to
facilitate the RSVP process.
• Fliers were hand-delivered to "newly-accessible properties."
• Organizational leaders were provided copies of fliers announcing meetings and asked to
circulate among their members.
• Fliers were posted in public venues, such as the post office, the Pahala Community Center
and the Ka'u Hospital.
• Several online announcements were included in Ka'u News Briefs available at
http://haiinewsbriefs.blogspot.com/.
The format for each meeting was as follows:
1. Introductions and Pahala relationship: Participants were asked to introduce
themselves and describe their relationship to Pahala. They were encouraged to talk about
generational presence, length of residence, schools and so on.
2. Life in Pahala: Participants were asked to discuss:
• What they valued most about Pahala;
• Pahala's biggest challenges; and
• Their ideas and vision for the future of Pahala.
3. Experience with the existing sewer system: Participants were asked to share their
recollections and experience with wastewater disposal in Pahala. They were also asked
to share what they knew about the proposed project.
4. The proposed project: Project background and overview were presented in a slide
presentation.
5. Questions and comments: Project representatives encouraged participants to ask
questions and voice their reactions.
6. What one message do you want DEM to hear? Each participant was asked to share
"one thing" that they wanted to share with the County.
This first round of community outreach met the following objectives:
• Residents understood the project team was there to listen. Participants responded
enthusiastically to questions about Pahala, and openly discussed previous experience
with wastewater disposal in their town and concerns and views about the proposed
project. When the project team could not respond to questions, participants were assured
that their comments were noted and there will be follow up.
• Those who attended appeared to have acquired at least a rudimentary understanding
about how the new collection, treatment, and disposal system would work. They were able
to ask questions about transmission of wastewater to the treatment and disposal facility,
and how the lagoons and land disposal system would work. Participants indicated they
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knew that this system is different from wastewater disposal systems they may have
previously experienced.
• Participants were able to discuss their understanding, or lack thereof, of the wastewater
system and their own personal situation. By the end of each session, they expressed
understanding that the proposed project is a departure from previous discussions and
current operations.
• The milestone date for an initial community meeting (December 15, 2017) was met.
Online and paper versions of the Ka'u News Briefs and the Ka'u News Calendar reported on these
meetings.
The proposed project was modified in response to the community input received and was
described in the Draft Environmental Assessment (EA). A second round of meetings with the
community was conducted in concert with the Draft EA public review and comment period (see
Section 7.2 below).
Based on the first round of community outreach, the following community outreach activities
have been conducted to continue to engage constructive and meaningful community input.
• Information Follow-up. Project representatives made a commitment to follow up on
topics raised in the first round of community outreach. The following lists how topics were
addressed in the Draft EA or other forms of communication.
o Site selection process. Several participants asked why the tentative site was selected
and suggested other sites. It is recommended that a summary table of previously
considered sites and selection rationale, as well a related map, be presented. See
Section 2 for site selection discussion,
o Flooding at tentative site. Participants claimed that this site is prone to flooding. If
possible, there should be some response. See Section 3.9 for further discussion,
o Cost range and homeowner assistance possibilities. Property owner participants had
many questions about how project implementation would affect them financially and
personally. In response, the DEM convened separate meetings in October 2018 with
property owners of 1) former C. Brewer properties with sewer lines that will connect to
the proposed collection system and 2) "Newly accessible" properties that front
roadways in which new sewer lines will be located. Hawai'i County Code (HCC)
Chapter 21, Sewers, Section 21-5 requires that when new sewer lines are placed in
public roadways, properties fronting such roadways must connect to these lines. An
additional meeting was held by DEM in March 2019 to discuss funding programs
available to owners of newly accessible parcels,
o Clarification on sewer fee structure. There was often confusion about who pays what
and why. Information on the fee structure should be presented clearly,
o Short-and long-term impact on macadamia nut cultivation. It is recommended by the
participants that a preliminary order of magnitude cost of project impact be estimated
and presented in terms of the overall macadamia nut cultivation operation in Pahala.
Further, the project team should describe, in general terms, the possible lease
arrangements with the future macadamia nut operator,
o Conceptual plan of full buildout. Participants were concerned that the tentative site is
not large enough to support serving all Pahala, while still maintaining visual buffers. It
is recommended that a very preliminary schematic be presented that shows full
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buildout. As discussed in Section 4.1, the Ka'u Community Development Plan calls for
expansion to accommodate future needs but does not present a timeline for this
expansion. As of this writing, no substantial planning or scoping of a collection system
expansion has been conducted and this expansion is unlikely to occur within the next
10 to 20 years. This action was therefore excluded from the analysis of cumulative
improvements and impacts.
• Other topics raised in the first round of community outreach tended to be related to details
that will be determined as the project nears implementation. These topics are as follows,
and information will be shared with the community when it becomes available.
o Conditions of existing pipes. Participants raised questions about what was on their
property and possible problems. It is recommended that information on previous
County evaluation and potential future assessments be made available prior to or
during construction.
o Possible land application trees. Some information has already been provided, and
status of selecting trees should be provided,
o Fencing around perimeter of wastewater treatment and disposal facility. Options
for fence location, height, and materials should be provided,
o Tour of Honokaa wastewater treatment plant. Residents showed interest in
attending a tour of the Honokaa plant with DEM and the project team.
• Next Round of Meetings. The next round of community meetings was conducted upon
publication of the Draft EA (see below):
o Information meeting on the Draft EA. The community had two opportunities to
provide comments on this Draft EA. First, public notification was posted in local
media, public venues, and mailed to property owners directly affected by the
Proposed Action. These notifications included information on how the public could
access the Draft EA on the Office of Environmental Quality Control (OEQC)
website and submit comments. Second, DEM convened a voluntary and optional
informational meeting,
o Meeting with property owners who will be directly affected by the proposed project.
As noted earlier, DEM convened separate meetings with property owners of 1)
former C. Brewer properties with sewer lines that will connect to the proposed
collection system and 2) "newly accessible" properties that front roadways in which
new sewer lines will be located. The purpose of these meetings was to discuss
how the proposed project will affect individual property owners in terms of cost,
financing and logistics, such as construction timing and activities.
7.2 Outreach Since the Publication of the Draft EA
On September 10, 2018, letters containing information on the availability of the Draft EA, the
comment period, and the October 10, 2018 public information meeting were mailed to all property
owners on record adjacent to the proposed collection system. This direct mailout included an
invitation from DEM to workshops conducted prior to the October 10 public information meeting.
The workshop for owners served by C. Brewer lines was held on October 8, and the mailout for
this meeting also included anyone with a current sewer account. The workshop for owners of
newly accessible properties was convened on October 9. In addition to the direct mailout, online
announcements for the October 8 and 9 workshops were available on the Ka'u News Briefs
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website. Fliers were posted in public venues such as the community shopping center, realtor
office, grocery store, library, and the Pahala Community Center.
On September 26, 2018, a public notice was published in both the Hawaii Tribune Herald and
West Hawaii Today to advertise the October 10, 2018 public information meeting conducted by
the County in Pahala at the Ka'u Gym Multi-Purpose Conference Room to discuss the availability
of the Draft EA and process for submitting comments. A public notice was also published in the
October 1, 2018 online and print editions of the Ka'u Calendar and made available on the Ka'u
News Briefs web site http://kaynewsbriefs.blogspot.com.
All materials circulated, posted and published for the October 2018 meetings included the
electronic link to the Draft EA at http://health.hawaii.gov/oeqc/. The Draft EA was made available
online on the County of Hawai'i and EPA websites and in public libraries in Na'alehu and Pahala
beginning on September 23, 2018. Upon public request, 11 printed copies of the Draft EA were
made available at both the Na'alehu and Pahala libraries on November 7, 2018. The County's
transmittal requested the library make the copies available for checkout. The Draft EA was also
posted on the County of Hawaii and EPA websites at:
• http://records.co.hawaii.hi.us/weblinkyi/edoc/96064/Pahala%20FINAL%20DRAFT%20E
A%20and%20Appendices 508 9-11-18.pdf
• https://www.epa.aov/uic/proposed~pahala~communitv~larae~capacitv~cesspool~
replacement-proiect-draft-environmental
The County provided staff at the October 10, 2018, public information meeting to personally assist
commenters in preparing written comments on the Draft EA. In addition, during this meeting, the
County identified community volunteers attending the meeting who were proficient in Hawaiian,
Tagalog, and English to assist anyone who identified as needing assistance in providing written
comments on the Draft EA.
The public notice also stated that a second part of the meeting on October 10, 2018 would address
Section 106 of the National Historic Preservation Act (NHPA) involving consultation with Native
Hawaiian Organizations and Native Hawaiian descendants with ancestral lineal or cultural ties to,
cultural knowledge or concerns for, or cultural religious attachment to the proposed project area.
Eight persons placed their names on a sign-in sheet to contribute during the Section 106 part of
the meeting; however, no comments or information from the public were forthcoming during this
meeting.
On October 26, 2018, letters were mailed to property owners on record adjacent to the proposed
collection system informing them of the republished Draft EA and extension of the public comment
period to December 10, 2018. Further, on November 8, 2019, the OEQC The Environmental
Notice noted the republication of the Draft EA.
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The County voluntarily convened an additional public meeting in Pahala on March 21, 2019. The
purpose of this meeting was to gain further input from newly accessible property owners and to
fulfill a County commitment made in October 2018 to research and provide financing options
available to owners of parcels that would become newly accessible to the County collection
system. At the meeting, DEM provided the preliminary results of the County investigation into
funding sources and options available for newly accessible property owners once the new
collection system and wastewater treatment and disposal facility have been designed, permitted
and constructed. Available programs discussed included:
• U.S. Department of Housing and Urban Development (HUD) with County of Hawai'i Office
of Housing and Community Development Residential Repair Program - Community Block
Grant Program, and
• U.S. Department of Agriculture - Rural Development (USDA-RD) Program.
As noted during the March 2019 presentation, these programs may change in the coming years
and additional options may be added to this preliminary list. Hawai'i Legislature, Senate Bill 221
SD1, which could amend Hawai'i Revised Statues (HRS) Chapter 342D to establish a low-interest
loan program offering financial assistance to cesspool owners to connect to wastewater treatment
systems approved by the Department of Health (DOH), was also discussed; however, this bill was
subsequently not passed during the 2019 legislative session.
7.3 Response to Comments and Revisions to the Draft EA
The Draft EA was released for public comment on September 23, 2018. Initially, a 30-day public
comment period was planned; however, due to requests from the public for additional time, EPA
and the County of Hawai'i agreed to republish the Draft EA on November 8, 2018 which extended
the comment period. The comment period closed on December 10, 2018. Appendix E includes
the EPA and County responses to comments received on the Draft EA on or before that date. In
total, 77 comment letters were received, some of which included multiple individual or duplicate
comments.
No substantial changes to the Proposed Action were necessary as a result of comments on the
Draft EA. However, in response to comments received, the Final EA incorporates revisions to
provide clarity through minor text changes and to provide additional information where necessary.
Please refer to Appendix E for additional information. Additionally, the Final EA incorporates
revisions to reflect minor changes to the scope of the Proposed Action (e.g., the use of ultraviolet
instead of chlorine disinfection); to reflect the outcomes of consultations with state and federal
agencies (e.g., Section 106 of the NHPA, Section 7 of the Endangered Species Act); and to
provide additional clarifications and supporting statements beyond those specifically in response
to comments. These revisions do not change any of the key findings presented in the Draft EA.
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8 FINDINGS AND DETERMINATION
8.1 Chapter 343, Hawai'i Revised Statutes (HRS) - Department of Environmental
Management (DEM) Finding of No Significant Impact (FONSI)
Short-term construction impacts include disruption to the project site and surrounding areas
during construction, decline in air quality from construction activities, and increase in noise levels.
Once construction has been completed, the short-term adverse impacts will no longer occur.
Based on analysis of the impacts, the County has determined a Finding of No Significant Impact
(FONSI) for the Pahala Large Capacity Cesspool (LCC) Replacement Project. The significance
criteria to make this determination are set forth below and in Hawai'i Administrative Rules 11-200
(Environmental Impact Statement Rules).
8.1.1 Significan ce Criteria
1) Involve an irrevocable commitment to loss or destruction of any natural or cultural
resources;
The Pahala LCC Replacement Project collection system and wastewater treatment and disposal
facility sites do not provide habitat for federal or State of Hawai'i listed or candidate threatened or
endangered species of flora or fauna. The collection system will be constructed primarily within
areas that were disturbed during construction of the existing County streets, plus three short
segments within easements in the Pahala community. The treatment and disposal facility site has
previously been cleared, graded, and planted with a macadamia nut orchard. Thus, the proposed
use of the Pahala LCC Replacement Project sites will not result in the loss or destruction of natural
resources.
Preliminary analysis shows the treatment and disposal facility will be constructed in an area that
is unlikely to contain archaeological resources due to historical ground modifications. However,
an Archaeological Inventory Survey (AIS), including subsurface testing, was conducted to test for
the presence of archaeological resources on the project site. In March 2019, following completion
of the AIS, and in accordance with Section 106 of the National Historic Preservation Act (NHPA),
the County submitted the AIS for review by the Hawai'i State Historic Preservation Division
(SHPD) to determine whether additional mitigation measures are appropriate to avoid or minimize
adverse effects to archaeological resources.
The contract drawings will state that, should archaeological sites such as walls, platforms,
pavements or mounds, or remains such as artifacts, burials, or concentrations of shell or charcoal
be encountered during construction activities, work shall cease immediately and the find shall be
protected from further damage. The contractor shall immediately contact the Hawai'i SHPD (at
808.981.2979), who will assess the significance of the find and recommend appropriate mitigation
measures, if necessary.
Based on the above, and the findings of the AIS, construction of the wastewater treatment and
disposal facility and related improvements is determined to have no effect on historic properties.
2) Curtail the range of beneficial uses of the environment;
The Pahala LCC Replacement Project sites will use lands within the Pahala community that have
been used for County streets and planted with a macadamia nut orchard for a number of years.
The treatment and disposal facility will occupy a total area of 14.9 acres within a portion the
macadamia nut orchard. The remainder of the orchard will still be available for the production of
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macadamia nuts. Thus, the Pahala LCC Replacement Project will not curtail the beneficial uses
of the environment.
3) Conflict with the State's long-term environmental policies or goals as expressed in Chapter
344, HRS, and any revisions thereof and amendments thereto, court decisions, or executive
orders;
The Pahala LCC Replacement Project will not involve actions or activities that would adversely
affect natural resources of the project sites. The Pahala LCC Replacement Project will be
consistent with the guidelines of Hawai'i Revised Statutes (HRS) 344, as it will provide treatment
and disposal for wastewater from the Pahala community. Moreover, the Pahala LCC
Replacement Project will construct a wastewater collection system according to County standards
and a treatment and disposal facility according to DOH guidelines. Lastly, the Pahala LCC
Replacement Project will allow closure of LCCs that have been used to dispose untreated sewage
into the subsurface. As such, the Pahala LCC Replacement Project will not conflict with the state's
long-term environmental policies or goals as expressed in HRS 344.
4) Substantially affect the economic or social welfare of the community or state;
The Pahala LCC Replacement Project will allow the County to provide wastewater collection,
treatment and disposal facilities meeting the needs of the Pahala community. It will be an integral
part of the infrastructure needed to maintain the health and welfare of the Pahala community.
Therefore, the Pahala LCC Replacement Project will have a beneficial impact on the economic
and social welfare of the community.
5) Substantially affect public health;
Pahala LCC Replacement Project will involve the design, construction and operation of
wastewater collection, treatment and disposal facilities that will maintain and enhance the public
health of the Pahala community. Thus, the Pahala LCC Replacement Project will have a beneficial
effect on public health.
6) Involve substantial secondary impacts, such as population changes or effects on public
facilities;
The Pahala LCC Replacement Project will be a public facility serving the Pahala community. For
the most part, construction of the Pahala LCC Replacement Project is expected to involve the use
of local contractors, which means that there will not be an extensive secondary effect on the
population of the Island of Hawai'i or the Pahala community. Thus, construction of the Pahala
LCC Replacement Project will not create secondary impacts, such as population changes or
effects on public facilities.
7) Involve a substantial degradation of environmental quality;
The Pahala LCC Replacement Project is anticipated to result in short-term impacts to noise, air
quality, and traffic in the immediate vicinity of the project site during the period of construction.
The collection system and the treatment and disposal facility sites do not contain federal or state-
listed or candidate threatened or endangered species of flora or fauna. As discussed under
Criterion #1, the project is determined to have no effect on historic properties, in accordance with
the outcome of the NHPA Section 106 consultation and findings of the AIS.
Based on the above findings, the Pahala LCC Replacement Project will not result in a substantial
degradation of environmental quality.
8) Have a cumulative effect upon the environment or involves a commitment for larger
actions;
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The Pahala LCC Replacement Project does not involve a commitment to further actions to other
County of Hawai'i related projects in the vicinity. As a result, the Pahala LCC Replacement Project
will not have a cumulative effect upon the environment or involve a commitment by the County to
larger actions.
9) Affect a rare, threatened or endangered species;
The Pahala LCC Replacement Project sites do not contain federal or state-listed or candidate
threatened or endangered species of flora. Also, the Pahala LCC Replacement Project sites do
not provide habitat for federal or state-listed or candidate threatened or endangered species of
fauna. On February 15, 2019, the U.S. Fish and Wildlife Service (FWS) provided a letter that
concluded that FWS has analyzed potential impacts to listed species due to the implementation
of Pahala LCC Replacement Project. Based on the inclusion of the avoidance and minimization
measures, FWS stated that any potential impacts will be discountable or insignificant and
therefore concurred that the Pahala LCC Replacement Project may affect, but is not likely to
adversely affect the endangered Hawaiian hoary bat, Hawaiian Hawk, Hawaiian goose, Hawaiian
Petrel, Band-rumped Storm-Petrel, Hawaiian Stilt, and Hawaiian Coot, and the threatened
Newell's Shearwater. The Pahala LCC Replacement Project will incorporate the avoidance and
minimization measures cited in the FWS letter, including (but not limited to) avoiding impacts to
potential Hawaiian hoary bat habitat during the bat birthing and pup rearing season; conducting
a Hawaiian hawk nest survey prior to any work during the nesting season; avoiding activities near
active nests; and avoiding nighttime construction during the seabird fledging period.
10) Detrimentally affect air or water quality or ambient noise levels;
Operation of construction equipment will increase noise and exhaust emission levels in the
immediate vicinity of the Pahala LCC Replacement Project sites during the construction period.
Once construction has been completed, the Pahala LCC Replacement Project will contribute
almost no additional noise or air emissions to the local area or detrimentally affect air or water
quality. The treatment and disposal facility will include an odor control system to limit odors
typically associated with a wastewater treatment facility.
11) Affects or likely to suffer damage by being located in an environmentally sensitive area
such as a floodplain, tsunami zone, beach, erosion-prone area, geographically hazardous land,
estuary, fresh water or coastal water;
The Flood Insurance Rate Map (FIRM), Community Panel No. 155166 1800F, effective date
September 29, 2017 shows the Pahala area is located in Zone X, area of minimal flood hazard
above the 500-year flood level. This was confirmed by the County of Hawai'i Department of Public
Works. A small portion of the collection system site is located within the Zone X defined as areas
of 0.2-percent annual chance flood; areas of 1-percent annual chance flood with average depths
of less than 1 foot.
The Pahala LCC Replacement Project sites are not located within the tsunami evacuation zone.
The sites are also outside of the County of Hawai'i Special Management Area and coastal
shoreline area. Thus, the Pahala LCC Replacement Project sites are not located in an
environmentally sensitive area.
12) Substantially affect scenic vistas and viewplanes identified in county or state plans or
studies;
The wastewater collection system will be within the County roadways beneath the surface of the
travelways. Thus, the collection system will not affect viewplanes in the Pahala area.
The treatment and disposal facility will consist of an operations building, headworks with a cover
structure, aerated lagoons, subsurface constructed wetlands, UV disinfection system with a cover
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structure, and a series of slow-rate land application basins with planted trees. The operations
building, headworks cover structure, UV disinfection system cover structure, and low berms
around the basins will be the only above-grade structures. The existing Cook pine trees along
Maile Street, most of which will remain with no changes, will continue to obstruct the viewplanes
from Maile Street. The facility site will be adjacent (mauka) to, and visible from, Mamalahoa
Highway (State Route 11); however, impacts to the viewplane will be mitigated by the planted
trees in the basins and by the rise in elevation between the highway and the facility. Thus,
development of the Pahala LCC Replacement Project sites will not present an adverse impact to
the public views from other areas.
13) Require substantial energy consumption.
The Pahala LCC Replacement Project is a new facility that will be planned and designed to
minimize use of electrical power. Thus, it will not create a substantial increase in energy
consumption.
8.1.2 Determination
Based on these findings and the assessment of potential impacts from the Pahala LCC
Replacement Project, the project does not require preparation of an Environmental Impact
Statement and a FONSI is determined.
8.2 National Environmental Policy Act - EPA Finding of No Significant Impact
(FONSI)
In 2006, a U.S. Environmental Protection Agency (EPA) Special Appropriations Act Project
(SAAP) grant was awarded to the County of Hawai'i for the Ka'u LCC Replacement Project (XP-
96942401). The grant's federal funding amount is $1,842 million and currently expires in October
2020. The purpose of the award is for the design and construction of wastewater system
improvements to replace LCCs in the Ka'u District. The grant award and current work plan provide
funding to replace the LCCs serving the Pahala community.
EPA's award of a grant for the Pahala LCC Replacement Project is a federal action requiring
compliance with the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4347. In
accordance with NEPA, Council on Environmental Quality (CEQ) Regulations at 40 Code of
Federal Regulations (CFR) §§ 1500-1508, and EPA NEPA regulations at 40 CFR Part 6, EPA
and the County prepared a Draft EA describing the potential environmental impacts associated
with, and the alternatives to, the proposed project. The Draft EA included a preliminary FONSI in
Section 8.2 that documented EPA's finding that the proposed project is not expected to have a
significant effect on the environment. In accordance with 40 CFR 6.203(b)(1), the preliminary
FONSI was made available for public review and comment through the Draft EA comment period.
The Final FONSI has been prepared separately from the Final EA and will be available on EPA's
website and through public notice.
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9 LIST OF PERMITS AND APPROVALS
State of Hawai'i Department of Health
Approval to Construct
Approval to Use
National Pollutant Discharge Elimination System Construction Stormwater Permit
Underground Injection Well Abandonment
Noise Permit
Noise Variance (only if required)
County of Hawai'i
Special Permit
Plan Approval
Grading Permit
Building Permit
Electrical Permit
Plumbing Permits
Fence Permit
Sign Permit (only if required)
Permit to Work Wthin County Right-of-Way
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10 CONSULTED PARTIES
10.1 Pre-Assessment Consultation
In accordance with the requirements of Hawai'i Administrative Rules Title 11 (State of Hawai'i
Department of Health), Chapter 200 (Environmental Impact Statement Rules), Section 9
regarding early consultation, the following agencies were consulted during the pre-assessment
phase of the Draft Environmental Assessment (EA). Each agency was sent a copy of a project
summary and a request for their written comments on the project. Those who formally replied
are indicated with a A. All written comments and responses are reproduced in Appendix A.
Federal
A U.S. Army Corps of Engineers
A U.S. Fish and Wildlife Service (FWS)
U.S. Department of Agriculture National Resources Conservation Service
National Oceanic and Atmospheric Administration
National Park Service Hawai'i Volcanoes National Park
State of Hawai'i
Department of Agriculture
Department of Business, Economic Development and Tourism (DBEDT)
DBEDT, Hawai'i State Energy Office
DBEDT, Land Use Commission
A DBEDT, Office of Planning
A Department of Accounting and General Services
Hawai'i Emergency Management Agency
Department of Health (DOH)
DOH, Office of Environmental Quality Control
DOH, Office of Director
DOH, Environmental Management Division
A DOH, Environmental Planning Office
A DOH, Clean Water Branch
A DOH, Safe Drinking Water Branch
A DOH, Wastewater Branch
A Department of Land and Natural Resources (DLNR)
ADLNR, Engineering Division
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A DLNR, Division of Forestry and Wildlife
DLNR, State Historic Preservation Division
DLNR, Commission on Water Resources Management
Office of Hawaiian Affairs
~ Department of Transportation
A Department of Hawaiian Home Lands
University of Hawai'i, Environmental Center
Hawai'i State Library
Hilo Regional Library
County of Hawai'i
~ Hawai'i Fire Department
Department of Parks and Recreation
A Planning Department
A Police Department
A Department of Public Works
A Department of Water Supply
Elected Officials
Congresswoman Tulsi Gabbard
State Senator Russell Ruderman
State Representative Richard H.K. Onishi
Councilmember Maile David
Native Hawaiian Organizations
Hawai'i Island Burial Council
Association of Hawaiian Civic Clubs
Charles Pelenui Mahi 'Ohana
Friends of 'lolani Palace
Hawaiian Civic Club of Hilo
Kamehameha Schools
Kanu o ka'Aina Learning 'Ohana
Ko'olau Foundation
Maku'u Farmers Association
Na Koa Ikaika Ka Lahui Hawai'i
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Office of Hawaiian Affairs
Pacific Agricultural Land Management Systems
Partners in Development Foundation
Pi'ihonua Hawaiian Homestead Community Association
Other
Hawai'i Gas
Hawaiian Electric Light Company
Hawaiian Telcom
Spectrum Hawai'i
Mr. Stason Nishimura
Mr. Lance Uno
Ms. Julia Neal
10.2 Agencies and Organizations Consulted on the Draft EA
Availability of the Draft EA for review and comment was published in the Office of Environmental
Quality Control Environmental Notice dated September 23, 2018. The U.S. Environmental
Protection Agency (EPA) directly notified the agencies, organizations, and individuals listed in
Section 10.1 regarding the availability of the Draft EA for review and comment. Legal notice was
posted in the Hawai'i Tribune Herald, West Hawai'i Today, and Ka'u News Brief. Additionally,
EPA concluded consultation with the Hawai'i State Historic Preservation Division in accordance
with Section 106 of the National Historic Preservation Act, and with the FWS in accordance with
Section 7 of the Endangered Species Act.
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11 REFERENCES
Atlas of Hawaiian Watersheds & Their Aquatic Resources, Island of Hawaii, Bishop Museum &
Division of Aquatic Resources. 1262 p. (3 volumes). Parham, J.E., G. R. Higashi, E. K. Lapp, D.
G. K. Kuamo'o, R. T. Nishimoto, S. Hau, J. M. Fitzsimons, D. A. Polhemus, and W. S. Devick.
2008.
County of Hawai'i, Planning Department. County of Hawai'i General Plan. Ordinance No. 05-
025. February 2005.
County of Hawai'i, Planning Department. Ka'u Community Development Plan, Draft for Public
Review. March 2015.
County of Hawai'i, Planning Department. 2017 Ka'u Community Development Plan, Ordinance
2017-66. October 2017.
County of Hawai'i, Department of Environmental Management. Final Environmental
Assessment - Finding of No Significant Impact, the Na'alehu-Pahala Large Capacity Cesspool
Conversion. August 2007.
County of Hawai'i, Department of Public Works. Final Environmental Assessment and - Finding
of No Significant Impact, Ka'u Gym and Shelter, Pahala, Ka'u District. April 2012.
Executive Order No. 11990, 42 FR 26961, 3 CFR, p. 121, 1977, as amended by Executive
Order No. 12608, 52 FR 2923, 1987.
Executive Order No. 11988, 42 FR 26951, 3 CFR, p. 117, 1977, as amended by Executive
Order Nos. 12148, 44 FR 43239, 3 CFR, p. 412, 1979 and 13690, 81 FR 57401, 44 CFR 9, p.
57401, 2016.
Executive Order No. 12898, 59 FR 7629. 1994.
Hawai'i County Code 1983 (2016 Edition, as amended). Chapter 21. Sewers
Hawai'i County Code 1983 (2016 Edition, as amended). Chapter 25. Zoning
Hawai'i Revised Statutes, Chapter 205, Land Use Commission. 2017.
National Oceanic and Atmospheric Administration (NOAA). 2002. Department of Commerce,
National Oceanic and Atmospheric Administration. 50 CFR 600. Magnuson-Stevens Act
Provisions; Essential Fish Habitat (EFH). Federal Register Volume 67, Number 12 (Thursday,
January 17, 2002) 2343-2483.
National Oceanic and Atmospheric Administration - National Marine Fisheries Service (NOAA-
NMFS). 2007. Magnuson-Stevens Fishery Conservation and Management Act, Public Law 94-
265, as amended by the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act (P.L. 109-479), an act to provide for the conservation and management of
the fisheries, and for other purposes. 16 U.S.C. § 1801-1884.
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State of Hawai'i. Department of Agriculture. 2012 Census of Agriculture - County Data 2012.
State of Hawai'i. Department of Health. Annual Summary 2015 Air Quality Data. December
2016.
State of Hawai'i. Department of Health. Noise Reference Manual - Big Island Edition. Revised
July 2017.
State of Hawai'i. Hawai'i Administrative Rules, Title 11 (Department of Health), Chapter 23
(Underground Injection Control). October 11, 2011.
State of Hawai'i. Hawai'i Administrative Rules, Title 11 (Department of Health), Chapter 46
(Community Noise Control). September 1996.
State of Hawai'i. Hawai'i Administrative Rules, Title 11 (Department of Health), Chapter 54
(Water Quality Standards). Revised November 15, 2014.
State of Hawai'i. Hawai'i Administrative Rules, Title 11 (Department of Health), Chapter 62
(Wastewater Systems). March 21, 2016.
University of Hawai'i at Hilo, Department of Geography. 1998. Atlas of Hawaii. Third Edition.
U.S. Census Bureau, 2012-2016 American Community Survey. U.S. Census Bureau's
American Community Survey Office, 2017. Web. August 1, 2018.
U.S. Department of Agriculture Soil Conservation Service. Ka'u River Basin Study, County of
Hawai'i. February 1994.
U.S. Environmental Protection Agency (EPA). Process Design Manual: Land Treatment of
Municipal Wastewater Effluents. EPA/625/R-06/016. Office of Research and Development.
Cincinnati, Ohio. September 2006.
U.S. Environmental Protection Agency (EPA). Climate Resilience Evaluation and Awareness
Tool (CREAT) Climate Scenarios Projection Map. Web. Accessed February 6, 2020.
7 U.S.C. §4201. 1981.
16
U.S.C. §j
§ 1271-1287.
1968.
16
U.S.C. §j
§ 1361 et seq
. 1972
16
U.S.C. §j
§ 1451-1464.
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16
U.S.C. §
1531. 1973.
16
U.S.C. §
1801. 1976.
16
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3501. 1982.
16
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661. 1934.
16
U.S.C. §
668-668C. 1940.
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16
U.S.C.
§
703 et seq. 1918.
33
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§
403. 1899.
33
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42
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54
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