Minutes:
October 18, 2000
Kailua Bay Advisory Council
Hale Kuhina #102
October 18, 2000
www.kbac-hi.org
I.
CALL TO ORDER
Acting Chair Mark Heckman called the meeting to order at 7:05 pm. There was no quorum.
A. Attendance:
1. Board members present: Scott Derrickson, Mark Heckman, Benjamin Kama, and Toby Rushforth. Board members excused: Christopher Winn, Jeffrey Harris, Christine Woolaway and Donna Wong.
2. Contractors: Maile Bay and Ramsay Taum.
3. CSF: Judy Nakamura.
4. Guests: Shannon Wood and Joseph Ryan.
II.
COMMUNITY INPUT
A. Shannon Wood (Ko`olau News) – Shannon mentioned that she was barred from the Kapa`a Quarry Tour by Jim Corcoran of the Kailua Neighborhood Board but Linda Goldstein, representative from Ameron, will offer a second media tour with a tentative date of November 19th. Representatives for the Honolulu Weekly, MidWeek and the television stations will be invited to attend. Shannon will contact Maile after checking on the November 19th date.
Derrickson suggested tracking down the photos taken by Sam Lemmo. Bay said that Lemmo took the photos using a new digital camera that he was not familiar with and put the pictures on a floppy, but he has been unable to locate the disk. Rushforth said no pictures could compare with what Lemmo took of tons and tons of dirt, rock and gravel going down the valley.
III. ADMINISTRATIVE
BUSINESS
A. Ramsay Taum – Volunteer Coordinator’s Report
1. Ko`olaupoko Water Quality Monitoring Assessment
Program Goals:
· Community Education and Awareness
·
Baseline Data Collection
·
Develop Community and/or Watershed Level
Assessment
·
Collaborate with State, Federal and Local
Agencies
Memorandum of Agreements/Understanding:
Derrickson added that we actually have a map server program that we paid a consultant (Royce Jones) to do and which the public can use – it is designed so it’s a web serving map application that the people in the community can use. They can print out simple maps and it is a good framework for people to access the web and obtain any and all information that is being collected. He and the VC will work together to follow up to see how far Jones has taken it in terms of our contract – is there additional work that needs to be done? They will also go over the layers to see how current and accurate they are and for those data that are older or outdated or updated by the State or the County, they will get the newest information up. He questioned if we are going to get a webmaster. He also mentioned that they discussed keeping the website alive through the MOA. The VC mentioned that they want the MOA to be as comprehensive as possible. It would be nice to find a home for the website – maybe an agency or organization that finds the value in our website and is willing to take over and maintain and keep it up to date.
ACTION REQUESTED: None. FYI
Program
Goals:
a. Stream Restoration Projects/Issues
1) Kane`ohe/Kahalu`u vision team meeting: Ko'olaupoko Stream Restoration proposal has been identified as a priority project. It is third on the list with a budget of $100,000. There is a need to develop and flush out proposals. There is an interest in establishing a relationship with KBAC and how we can participate – perhaps through GIS mapping, organizing community workshops, etc. These funds are available in June 2001. Kama outlined the process. First the projects are prioritized and funding put into the city budget to send to the City Council by March and if it passed the money is then available to the community.
2) Hui Malama I Ke Kai (Waimanalo): Assisting in collaboration with Lisa Ferentinos of Waimanalo Health Center efforts. A beach clean-up is scheduled for the 28th and the VC has assisted with gloves and trash bags. A request was made to assist with bus transportation.
Joseph Ryan mentioned that Waimanalo has prioritized its flood and drainage plan which directly impacts on water quality. Kama mentioned that the city has submitted a preliminary request of $300,000.
3) 'Ioleka'a Stream Reconnaissance. Member Scott Derrickson and I joined agency and community representatives on the stream walk. Discussion to continue with Donna Ono of Council for the Restoration of the Ahupua’a of He’eia, to establish potential relationship and support.
4) YES/Ala Wai Water Quality Monitoring Project. Attended meeting to discuss use of GIS technology in YES/Ala Wai Water Quality Monitoring Project held at Atherton YMCA. They requested assistance from the VC on GIS and GPS.
b. Site Visits:
1) Ocean Arks Living Machine Demonstration Site: Ewa Beach. Toured facility and explored bio-remediation technologies including floating "restorers" that might be placed in Ka’elepulu pond, Enchanted Lakes. The experimental site takes pig/cow wastewater from the pond and takes it through this bio-system. This is a test project by the Dept. of Agriculture and is on a slaughter house site in Waipahu. The restorer is a floating platform that, through paddle wheels, brings water in, runs it through the community of micro-organism and takes it back out. Several East coast ponds that were considered dead were revived but the VC does not know if it dealt with metals. He will investigate it further and could negotiate a site-visit for the council members.
2) AMERON /Kapa`a quarry site visit at invitation of Kaneohe Neighborhood Board.
c. State Wide Watershed Management/Water Quality Monitoring Integrated Plan
1) Attended Hawaii Stream Bio-assessment Working Group meeting. Discussed and learned about Hawaii Stream Visual Assessment Protocol established by USDA Natural Resource Conservation Service, and
2) Ala Wai Watershed Association: Meetings regarding "master plan" and macro-design issues having impact on water quality monitoring state wide
d. Water Quality Education and Training
1) Received and reviewed Hawaii Pollution Prevention Inform (HAPPI) materials from Carl Evensen of the CTAHR/UH Manoa as potential education medium for VWQMP to promote. Evensen is looking for a partner/sponsor to use the materials for educational programs.
2) Internet literature search of on-line training available via EPA, Dept. of Agriculture, etc. The VC would like to link the training site to KBAC’s website. The EPA has an education site itself and there are some sub-sites that actually go into water monitoring. Derrickson said that EPA has expressed interest in partnership with sponsoring organizations locally to bring the training in rather than rely on the website.
1) Get the drift and Bag It: Assisted in distribution of supplies to He’eia Kea & Waimanalo.
2) Provided clean-up supplies to Hui Malama I Ke Kai and Waimanalo District Park for beach clean up to be held on "Make a Difference Day" 10/28/00.
3) There is a request for support from Hui Malama I Ke Kai for financial assistance for food and transportation (@ $200.00) Estimated number of participants- 60-70 people max.
Received and reviewed DOH Grant Application from Charles Demesa and have been in conversations with others to explore partnership potential for grant including Stephen Kubota, Jan Dill (Strategic Hawaii), Edwin Sakoda, DLNR, CWRM.
1) Genny Salmonson, State OEQC to get a better understanding of the impact of Environmental Assessments, Public Trust Doctrine, and how we can better understand participate in our efforts.
2) UH DURP presentation on the Value of Community Asset Mapping; Scott Derrickson regarding GIS/GPS technology as a planning tool to support ahupua’a resource management(i.e. oral histories etc.)
ACTION REQUESTED: AUTHORIZE Clean-up
related expenses (food & transportation)
$200.00. (This expense had been approved
in the previous budget)
3. CONFERENCES/WORKSHOPS
Program Goals:
a. To attend East West Center Conference on Climate: November 6,7 and 8
b. Plan to attend Hawaii Water Quality Conference 2000, 11/28, 11/29, 12/1. Conference fee $100.00
ACTION REQUESTED: Approve Conference
Fee Expenditure: $100.00 (Approved in plan budget)
4. MISCELLANEOUS/OTHER
Program Goals:
B. Maile Bay – Director’s Report
1. Researched, drafted, revised, & finalized RFP for Technical Report Program (final proposals to be
submitted to KBAC on 10/27/00, create a short list by 11/02, KBAC to select consultant at 11/8/00
monthly meeting, with proposal calling for the report to be completed by the consultant by mid-
February 2001).
2. Interviewed four Council members (other members need to arrange to meet w/ the Director);
3. Met with CSF Administrative Manager and Volunteer Water Quality Monitor Program Administrator (to obtain background information and needs of the VWQMP, respectively);
4. Toured (on 10/3/00) and researched Ameron Quarry re: water quality issues at the invitation of the Kailua Neighbor Board Environmental Chairperson (see separate report);
(Derrickson commented that Ameron goes on the premise that because its actions predate the State land use district requirements, it can do anything within the State Conservation District without getting any kind of permit – no one has challenged them yet. It impacts on the preservation area up to the marsh downstream of it. DOH considers this a minor NPDES site so it is monitored every five years and the NPDES permit application is pending because DOH is consolidating all the permits for the entire water body.
Heckman mentioned doing GIS database and doing the history of the area. Taum suggested providing monitoring equipment and training and engaging the people. This requires the council to prioritize the Kawainui area. The agency had noted that as demand for water quality monitoring goes up, the availability of monitoring personnel has gone down. Taum reiterated that there is a market for volunteer monitoring.
Ryan commented that in February of this year, EPA Region 9 did a review of Hawaii’s NPDES program. In that review EPA chastised the DOH for writing NPDES permits that prevent Clean Water Act prosecution. Ryan suggested that KBAC contact EPA and ask why this stream is considered minor.
Heckman asked if photo documentation (digital photos) are useful in the courts. Bay said that original photos to qualify as evidence must go through numerous hurdles and protocol.
Derrickson said if EPA determine it’s a major site, then EPA is more apt to impose a condition and
there may be funding for volunteer quality monitoring or partial water quality monitoring. If EPA
determines it’s a minor site, EPA is not going to condition the permit.
At the field trip, Ameron said it was exempt from grading permits and Bay said this is ambiguous. Derrickson said they may be exempt from the grading ordinances because Ameron has an approved soil and water conservation district (SWCD) plan. Bay said an SWCD is not listed as an exemption.
5. Studied Consent Decree and discussed the same and court status conference with Plaintiffs' attorney, Paul Achitoff;
6. Reviewed, researched, and revised key documents for KBAC, including Strategic Plan and Organizational Plan (submitted to M. Heckman and T. Rushforth for initial review and comment);
(worked to consolidate the two documents; did not change any of the substance but re-organized the thoughts and will make sure there was a purpose written and made a distinction between those documents as process documents for the guidance of where KBAC is coming from and where it does its business from the Master Plan).
7. Reviewed draft Memorandum of Agreement from Hawaii Pacific University for VWQMP/CSF and discussed potential issues with R. Taum;
8. Reviewed past opinions of KBAC's status by KBAC attorney and CSF CPA to begin research on KBAC as nonprofit corporation; and
9. Reviewed MOU between CSF and KBAC and past budgets and audits of KBAC in preparation for the Master Plan (awaiting current audited budget from CPA); made various telephone calls with KBAC Acting Chair, CSF staff, VWQM Program Administrator, KBAC members, etc., regarding the above matters; and
10. Arranged to meet with Gary Gill (on 10/16), Dept. of Health (per his request for a briefing on KBAC); and Ken Sprague (on 10/30), Director, City and County Environmental Services, (as representative for Defendant to brief him on the status of the Technical Report and process for implementation since City has right-of-first refusal for all contracts per Consent Decree) in the next cycle.
Bay mentioned that Gill talked about developing a water quality monitoring protocol that can be used by volunteers and is usable. Derrickson said it would be nice for government agencies to put down a protocol and Taum mentioned that KBAC could be the vehicle to use at the volunteer level to see if its meaningful.
Rushforth – Attended the Kailua Neighborhood Board meeting that addressed the issue of Ameron. There may be other opportunities to engage with Ameron and the neighborhood structure and a review of Kapaa Valley. A Kailua neighborhood board member could not find the two permits issued to Ameron but he will continue looking. One permit for Phase 2 was for sedimentation ponds and another was for air quality associated with burning/cooking oil. The Kailua neighborhood board has told DOH (who is responsible for the process) that it wants hearings on both of the issues. Per Rushforth, Gill does not want to hold the hearings. If the neighborhood board requests that they do it and it doesn’t get done and something happens; that has legal ramifications. If they do hold hearings and they come up with results that are far worse than any projected results then there are additional legal ramifications. In either case it’s a big deal – the hearings.
Ryan said this is the same type of public hearings that Hanauma Bay has gone through – a contested case. It must be done during an initial request for variance and must be filed within 30 days. The first thing DOH does is check to see if you have standing.
Kama mentioned that the neighborhood boards have no standing in contested case hearings. The Board of Land and Natural Resources has to decide on Hanauma Bay whether it’s just a public hearing or a contested case hearing. Rushforth believed that the Kailua Neighborhood Board will be sending a recommendation to DOH that they hold a hearing on the matter before processing it administratively.
Rushforth reiterated that the neighborhood board was specifically asked to listen to the request for variance and the result of that request by Ameron at one of the meetings was that we either agree with your request for variance or we don’t agree with your request for variance or we think a hearing is appropriate. Ameron has done the latter. It was the DOH under its normal process that sent Ameron to the neighborhood board.
Kama said that for the neighborhood boards, there is no requirement by city agencies or departments to request of the neighborhood boards what their input is. But it is required of them to send to the neighborhood boards, which are affected, any permit and application which is not in compliance. The Board decides what it wants to do. The Board decides if the permit should be issued.
C. Minutes – There was no quorum so the four council members present formed a sub-committee and approved the September 13th minutes with corrections (Page 1, II. Community Input, C. Stephen Kubota, sentence 5 – Kapuahu access was corrected to Ka’upulehu access). The remaining four members will be sent a fax vote for approval.
D. Next Acting Chair – E-mail will be sent to the City representatives to decide who the next Acting Chair of KBAC will be.
E. Off island:
Bay – October 20-28, 2000
Heckman - October 21 – November 2, 2000
Nakamura – November 4-15, 2000
IV. MEETINGS for the rest of the quarter - Meetings will be held at Windward Community College at 6:45 pm on:
November 8, 2000 - Hale Alakai #102
December 13, 2000 - Hale Alakai #102
V. ADJOURNMENT
The meeting was adjourned at 8:45 p.m.
MEMORANDUM
To: KBAC members
From: Maile Bay & Ramsey Taum
Date: Wednesday, October
18, 2000
Re: Tour of Ameron
I. On October 4, 2000, we attended a tour of the quarry at the request of Jim Corcoran of the Kailua Neighborhood Board. Other invitees included:
• Gary Gill, Deputy Director for the Environment, Department of Health;
• Representative Cynthia Theilan;
• Denis Lau, Chief, Clean Water Branch, Department of Health;
• Alex Ho, Engineer, Clean Water Branch;
• Wendy Wiltze, Environmental Protection Agency;
• Susan Elliott Miller and Bill Gorst, Kawainui Heritage Foundation;
• Jim Corcoran, Chair, Environmental Committee, Kailua Neighborhood Board;
• Chuck Prentiss, Kailua Neighborhood Board,
• Bob McEldowny, representative for Councilmember John Henry;
• Another Kailua Neighborhood Board member, Kim Nichols, who is also knowledgeable of the issues and is a chemist,
• Bill Sager, Conservation Council of Hawaii;
• Knud Lingard, Kailua Neighborhood Board
II. Four representatives from Ameron participated:
a. George West, Manager, Aggregate and Concrete Products Departments
Telephone numbers: 266-2643 fax: 266 2693 (Quarry)
832-9260 fax: 832-9480 (Sand Island)
b. Linda Goldstein, Manager, Environmental, Health & Safety
Telephone numbers: 832-9269 fax: 832-9261 (Sand Island)
e-mail: lgoldstein@ameronhawaii.com
c. Kirk S. Hashimoto, Manager, Engineering Services
Telephone numbers: 832-9200 fax: 832-9497 (Sand Island)
e-mail: khasimoto@ameronhawaii.com
d. David K. Moore, Operations Superintendent, Quarry Products
Telephone numbers: 266-2647 fax: 266 2693 (Quarry) Cell: 479-7568
III. Proposed work by Ameron (see attachment):
a. Phase I, the present quarry operation: consists of 227 acres and has 2 to 3 years of rock in reserves of 2-5 million tons. (In the past 35 years, the quarry has removed 30 million tons from the site. During peak years with influx of Japanese development, 2.5-3 million tons per year were being removed. Currently, Ameron takes 1.5 tons per year.)
b. Phase II, 152 acres, see the map, has 40-50 years of “useable” rock reserves of 75 million tons. We toured the site which is open and had a catchment basin and a rock gabien in one location just above the catch basin; the City removed the overburden to use as cover when it closed Kapaa landfill.
IV. At the beginning of the meeting, Ameron, G. West, identified three issues it is facing:
a. use of the old quarry (Phase I) as a land fill;
b. deposit of the waste material from Phase II; and
c. how to contain runoff in Phase II.
V. Other concerns that appeared through the tour, in the meetings, and from follow up research:
a. water quality from the runoff after storm events of any size;
b. compliance with state and federal regulations and permits:
i. Dept. of Land and Natural Resources, Conservation District Use Approval requires that the applicant comply with all other laws
ii. City and County’s Grading permits:
(a) Ameron claims it is exempt
(b) City ordinance provides: Sec. 14-13.5 Exclusions. This chapter shall not apply to the following: (a) Mining or quarrying operations regulated by
Kailua
Bay Advisory Council
Business
Meeting Minutes
Windward Community College
Hale Kuhina #102
October 18, 2000
www.kbac-hi.org
I.
CALL TO ORDER
Acting Chair Mark Heckman called the meeting to order at 7:05 pm. There was no quorum.
A. Attendance:
1. Board members present: Scott Derrickson, Mark Heckman, Benjamin Kama, and Toby Rushforth. Board members excused: Christopher Winn, Jeffrey Harris, Christine Woolaway and Donna Wong.
2. Contractors: Maile Bay and Ramsay Taum.
3. CSF: Judy Nakamura.
4. Guests: Shannon Wood and Joseph Ryan.
II.
COMMUNITY INPUT
A. Shannon Wood (Ko`olau News) – Shannon mentioned that she was barred from the Kapa`a Quarry Tour by Jim Corcoran of the Kailua Neighborhood Board but Linda Goldstein, representative from Ameron, will offer a second media tour with a tentative date of November 19th. Representatives for the Honolulu Weekly, MidWeek and the television stations will be invited to attend. Shannon will contact Maile after checking on the November 19th date.
Derrickson suggested tracking down the photos taken by Sam Lemmo. Bay said that Lemmo took the photos using a new digital camera that he was not familiar with and put the pictures on a floppy, but he has been unable to locate the disk. Rushforth said no pictures could compare with what Lemmo took of tons and tons of dirt, rock and gravel going down the valley.
III. ADMINISTRATIVE
BUSINESS
A. Ramsay Taum – Volunteer Coordinator’s Report
1. Ko`olaupoko Water Quality Monitoring Assessment
Program Goals:
· Community Education and Awareness
·
Baseline Data Collection
·
Develop Community and/or Watershed Level
Assessment
·
Collaborate with State, Federal and Local
Agencies
Memorandum of Agreements/Understanding:
Derrickson added that we actually have a map server program that we paid a consultant (Royce Jones) to do and which the public can use – it is designed so it’s a web serving map application that the people in the community can use. They can print out simple maps and it is a good framework for people to access the web and obtain any and all information that is being collected. He and the VC will work together to follow up to see how far Jones has taken it in terms of our contract – is there additional work that needs to be done? They will also go over the layers to see how current and accurate they are and for those data that are older or outdated or updated by the State or the County, they will get the newest information up. He questioned if we are going to get a webmaster. He also mentioned that they discussed keeping the website alive through the MOA. The VC mentioned that they want the MOA to be as comprehensive as possible. It would be nice to find a home for the website – maybe an agency or organization that finds the value in our website and is willing to take over and maintain and keep it up to date.
ACTION REQUESTED: None. FYI
Program
Goals:
a. Stream Restoration Projects/Issues
1) Kane`ohe/Kahalu`u vision team meeting: Ko'olaupoko Stream Restoration proposal has been identified as a priority project. It is third on the list with a budget of $100,000. There is a need to develop and flush out proposals. There is an interest in establishing a relationship with KBAC and how we can participate – perhaps through GIS mapping, organizing community workshops, etc. These funds are available in June 2001. Kama outlined the process. First the projects are prioritized and funding put into the city budget to send to the City Council by March and if it passed the money is then available to the community.
2) Hui Malama I Ke Kai (Waimanalo): Assisting in collaboration with Lisa Ferentinos of Waimanalo Health Center efforts. A beach clean-up is scheduled for the 28th and the VC has assisted with gloves and trash bags. A request was made to assist with bus transportation.
Joseph Ryan mentioned that Waimanalo has prioritized its flood and drainage plan which directly impacts on water quality. Kama mentioned that the city has submitted a preliminary request of $300,000.
3) 'Ioleka'a Stream Reconnaissance. Member Scott Derrickson and I joined agency and community representatives on the stream walk. Discussion to continue with Donna Ono of Council for the Restoration of the Ahupua’a of He’eia, to establish potential relationship and support.
4) YES/Ala Wai Water Quality Monitoring Project. Attended meeting to discuss use of GIS technology in YES/Ala Wai Water Quality Monitoring Project held at Atherton YMCA. They requested assistance from the VC on GIS and GPS.
b. Site Visits:
1) Ocean Arks Living Machine Demonstration Site: Ewa Beach. Toured facility and explored bio-remediation technologies including floating "restorers" that might be placed in Ka’elepulu pond, Enchanted Lakes. The experimental site takes pig/cow wastewater from the pond and takes it through this bio-system. This is a test project by the Dept. of Agriculture and is on a slaughter house site in Waipahu. The restorer is a floating platform that, through paddle wheels, brings water in, runs it through the community of micro-organism and takes it back out. Several East coast ponds that were considered dead were revived but the VC does not know if it dealt with metals. He will investigate it further and could negotiate a site-visit for the council members.
2) AMERON /Kapa`a quarry site visit at invitation of Kaneohe Neighborhood Board.
c. State Wide Watershed Management/Water Quality Monitoring Integrated Plan
1) Attended Hawaii Stream Bio-assessment Working Group meeting. Discussed and learned about Hawaii Stream Visual Assessment Protocol established by USDA Natural Resource Conservation Service, and
2) Ala Wai Watershed Association: Meetings regarding "master plan" and macro-design issues having impact on water quality monitoring state wide
d. Water Quality Education and Training
1) Received and reviewed Hawaii Pollution Prevention Inform (HAPPI) materials from Carl Evensen of the CTAHR/UH Manoa as potential education medium for VWQMP to promote. Evensen is looking for a partner/sponsor to use the materials for educational programs.
2) Internet literature search of on-line training available via EPA, Dept. of Agriculture, etc. The VC would like to link the training site to KBAC’s website. The EPA has an education site itself and there are some sub-sites that actually go into water monitoring. Derrickson said that EPA has expressed interest in partnership with sponsoring organizations locally to bring the training in rather than rely on the website.
1) Get the drift and Bag It: Assisted in distribution of supplies to He’eia Kea & Waimanalo.
2) Provided clean-up supplies to Hui Malama I Ke Kai and Waimanalo District Park for beach clean up to be held on "Make a Difference Day" 10/28/00.
3) There is a request for support from Hui Malama I Ke Kai for financial assistance for food and transportation (@ $200.00) Estimated number of participants- 60-70 people max.
Received and reviewed DOH Grant Application from Charles Demesa and have been in conversations with others to explore partnership potential for grant including Stephen Kubota, Jan Dill (Strategic Hawaii), Edwin Sakoda, DLNR, CWRM.
1) Genny Salmonson, State OEQC to get a better understanding of the impact of Environmental Assessments, Public Trust Doctrine, and how we can better understand participate in our efforts.
2) UH DURP presentation on the Value of Community Asset Mapping; Scott Derrickson regarding GIS/GPS technology as a planning tool to support ahupua’a resource management(i.e. oral histories etc.)
ACTION REQUESTED: AUTHORIZE Clean-up
related expenses (food & transportation)
$200.00. (This expense had been approved
in the previous budget)
3. CONFERENCES/WORKSHOPS
Program Goals:
a. To attend East West Center Conference on Climate: November 6,7 and 8
b. Plan to attend Hawaii Water Quality Conference 2000, 11/28, 11/29, 12/1. Conference fee $100.00
ACTION REQUESTED: Approve Conference
Fee Expenditure: $100.00 (Approved in plan budget)
4. MISCELLANEOUS/OTHER
Program Goals:
B. Maile Bay – Director’s Report
1. Researched, drafted, revised, & finalized RFP for Technical Report Program (final proposals to be
submitted to KBAC on 10/27/00, create a short list by 11/02, KBAC to select consultant at 11/8/00
monthly meeting, with proposal calling for the report to be completed by the consultant by mid-
February 2001).
2. Interviewed four Council members (other members need to arrange to meet w/ the Director);
3. Met with CSF Administrative Manager and Volunteer Water Quality Monitor Program Administrator (to obtain background information and needs of the VWQMP, respectively);
4. Toured (on 10/3/00) and researched Ameron Quarry re: water quality issues at the invitation of the Kailua Neighbor Board Environmental Chairperson (see separate report);
(Derrickson commented that Ameron goes on the premise that because its actions predate the State land use district requirements, it can do anything within the State Conservation District without getting any kind of permit – no one has challenged them yet. It impacts on the preservation area up to the marsh downstream of it. DOH considers this a minor NPDES site so it is monitored every five years and the NPDES permit application is pending because DOH is consolidating all the permits for the entire water body.
Heckman mentioned doing GIS database and doing the history of the area. Taum suggested providing monitoring equipment and training and engaging the people. This requires the council to prioritize the Kawainui area. The agency had noted that as demand for water quality monitoring goes up, the availability of monitoring personnel has gone down. Taum reiterated that there is a market for volunteer monitoring.
Ryan commented that in February of this year, EPA Region 9 did a review of Hawaii’s NPDES program. In that review EPA chastised the DOH for writing NPDES permits that prevent Clean Water Act prosecution. Ryan suggested that KBAC contact EPA and ask why this stream is considered minor.
Heckman asked if photo documentation (digital photos) are useful in the courts. Bay said that original photos to qualify as evidence must go through numerous hurdles and protocol.
Derrickson said if EPA determine it’s a major site, then EPA is more apt to impose a condition and
there may be funding for volunteer quality monitoring or partial water quality monitoring. If EPA
determines it’s a minor site, EPA is not going to condition the permit.
At the field trip, Ameron said it was exempt from grading permits and Bay said this is ambiguous. Derrickson said they may be exempt from the grading ordinances because Ameron has an approved soil and water conservation district (SWCD) plan. Bay said an SWCD is not listed as an exemption.
5. Studied Consent Decree and discussed the same and court status conference with Plaintiffs' attorney, Paul Achitoff;
6. Reviewed, researched, and revised key documents for KBAC, including Strategic Plan and Organizational Plan (submitted to M. Heckman and T. Rushforth for initial review and comment);
(worked to consolidate the two documents; did not change any of the substance but re-organized the thoughts and will make sure there was a purpose written and made a distinction between those documents as process documents for the guidance of where KBAC is coming from and where it does its business from the Master Plan).
7. Reviewed draft Memorandum of Agreement from Hawaii Pacific University for VWQMP/CSF and discussed potential issues with R. Taum;
8. Reviewed past opinions of KBAC's status by KBAC attorney and CSF CPA to begin research on KBAC as nonprofit corporation; and
9. Reviewed MOU between CSF and KBAC and past budgets and audits of KBAC in preparation for the Master Plan (awaiting current audited budget from CPA); made various telephone calls with KBAC Acting Chair, CSF staff, VWQM Program Administrator, KBAC members, etc., regarding the above matters; and
10. Arranged to meet with Gary Gill (on 10/16), Dept. of Health (per his request for a briefing on KBAC); and Ken Sprague (on 10/30), Director, City and County Environmental Services, (as representative for Defendant to brief him on the status of the Technical Report and process for implementation since City has right-of-first refusal for all contracts per Consent Decree) in the next cycle.
Bay mentioned that Gill talked about developing a water quality monitoring protocol that can be used by volunteers and is usable. Derrickson said it would be nice for government agencies to put down a protocol and Taum mentioned that KBAC could be the vehicle to use at the volunteer level to see if its meaningful.
Rushforth – Attended the Kailua Neighborhood Board meeting that addressed the issue of Ameron. There may be other opportunities to engage with Ameron and the neighborhood structure and a review of Kapaa Valley. A Kailua neighborhood board member could not find the two permits issued to Ameron but he will continue looking. One permit for Phase 2 was for sedimentation ponds and another was for air quality associated with burning/cooking oil. The Kailua neighborhood board has told DOH (who is responsible for the process) that it wants hearings on both of the issues. Per Rushforth, Gill does not want to hold the hearings. If the neighborhood board requests that they do it and it doesn’t get done and something happens; that has legal ramifications. If they do hold hearings and they come up with results that are far worse than any projected results then there are additional legal ramifications. In either case it’s a big deal – the hearings.
Ryan said this is the same type of public hearings that Hanauma Bay has gone through – a contested case. It must be done during an initial request for variance and must be filed within 30 days. The first thing DOH does is check to see if you have standing.
Kama mentioned that the neighborhood boards have no standing in contested case hearings. The Board of Land and Natural Resources has to decide on Hanauma Bay whether it’s just a public hearing or a contested case hearing. Rushforth believed that the Kailua Neighborhood Board will be sending a recommendation to DOH that they hold a hearing on the matter before processing it administratively.
Rushforth reiterated that the neighborhood board was specifically asked to listen to the request for variance and the result of that request by Ameron at one of the meetings was that we either agree with your request for variance or we don’t agree with your request for variance or we think a hearing is appropriate. Ameron has done the latter. It was the DOH under its normal process that sent Ameron to the neighborhood board.
Kama said that for the neighborhood boards, there is no requirement by city agencies or departments to request of the neighborhood boards what their input is. But it is required of them to send to the neighborhood boards, which are affected, any permit and application which is not in compliance. The Board decides what it wants to do. The Board decides if the permit should be issued.
C. Minutes – There was no quorum so the four council members present formed a sub-committee and approved the September 13th minutes with corrections (Page 1, II. Community Input, C. Stephen Kubota, sentence 5 – Kapuahu access was corrected to Ka’upulehu access). The remaining four members will be sent a fax vote for approval.
D. Next Acting Chair – E-mail will be sent to the City representatives to decide who the next Acting Chair of KBAC will be.
E. Off island:
Bay – October 20-28, 2000
Heckman - October 21 – November 2, 2000
Nakamura – November 4-15, 2000
IV. MEETINGS for the rest of the quarter - Meetings will be held at Windward Community College at 6:45 pm on:
November 8, 2000 - Hale Alakai #102
December 13, 2000 - Hale Alakai #102
V. ADJOURNMENT
The meeting was adjourned at 8:45 p.m.
MEMORANDUM
To: KBAC members
From: Maile Bay & Ramsey Taum
Date: Wednesday, October
18, 2000
Re: Tour of Ameron
I. On October 4, 2000, we attended a tour of the quarry at the request of Jim Corcoran of the Kailua Neighborhood Board. Other invitees included:
• Gary Gill, Deputy Director for the Environment, Department of Health;
• Representative Cynthia Theilan;
• Denis Lau, Chief, Clean Water Branch, Department of Health;
• Alex Ho, Engineer, Clean Water Branch;
• Wendy Wiltze, Environmental Protection Agency;
• Susan Elliott Miller and Bill Gorst, Kawainui Heritage Foundation;
• Jim Corcoran, Chair, Environmental Committee, Kailua Neighborhood Board;
• Chuck Prentiss, Kailua Neighborhood Board,
• Bob McEldowny, representative for Councilmember John Henry;
• Another Kailua Neighborhood Board member, Kim Nichols, who is also knowledgeable of the issues and is a chemist,
• Bill Sager, Conservation Council of Hawaii;
• Knud Lingard, Kailua Neighborhood Board
II. Four representatives from Ameron participated:
a. George West, Manager, Aggregate and Concrete Products Departments
Telephone numbers: 266-2643 fax: 266 2693 (Quarry)
832-9260 fax: 832-9480 (Sand Island)
b. Linda Goldstein, Manager, Environmental, Health & Safety
Telephone numbers: 832-9269 fax: 832-9261 (Sand Island)
e-mail: lgoldstein@ameronhawaii.com
c. Kirk S. Hashimoto, Manager, Engineering Services
Telephone numbers: 832-9200 fax: 832-9497 (Sand Island)
e-mail: khasimoto@ameronhawaii.com
d. David K. Moore, Operations Superintendent, Quarry Products
Telephone numbers: 266-2647 fax: 266 2693 (Quarry) Cell: 479-7568
III. Proposed work by Ameron (see attachment):
a. Phase I, the present quarry operation: consists of 227 acres and has 2 to 3 years of rock in reserves of 2-5 million tons. (In the past 35 years, the quarry has removed 30 million tons from the site. During peak years with influx of Japanese development, 2.5-3 million tons per year were being removed. Currently, Ameron takes 1.5 tons per year.)
b. Phase II, 152 acres, see the map, has 40-50 years of “useable” rock reserves of 75 million tons. We toured the site which is open and had a catchment basin and a rock gabien in one location just above the catch basin; the City removed the overburden to use as cover when it closed Kapaa landfill.
IV. At the beginning of the meeting, Ameron, G. West, identified three issues it is facing:
a. use of the old quarry (Phase I) as a land fill;
b. deposit of the waste material from Phase II; and
c. how to contain runoff in Phase II.
V. Other concerns that appeared through the tour, in the meetings, and from follow up research:
a. water quality from the runoff after storm events of any size;
b. compliance with state and federal regulations and permits:
i. Dept. of Land and Natural Resources, Conservation District Use Approval requires that the applicant comply with all other laws
ii. City and County’s Grading permits:
(a) Ameron claims it is exempt
(b) City ordinance provides: Sec. 14-13.5 Exclusions. This chapter shall not apply to the following: (a) Mining or quarrying operations regulated by other city ordinances; ….
iii. NPDES permit requires an applicant to contain on site runoff for any 10-year storm event and ensure that any other water not contained is free on pollutants. This site is considered to be a minor one and thus requires monitoring only every 5 years; a major site requires annual review.
(a) Presently, the Dept of Health has given Ameron an administrative exemption to its 1998 permit. DOH, in streamlining its permit processes, thus it is waiting for all permits for the same water quality body to expire so that they can all be processed together.
c. The Environmental Assessment for Phase II was completed in 1985. In the interim, Kapaa Stream, into which any runoff from Phase II would be deposited, has been designated an impaired waterbody, as a limited water quality segment. There is a possibility that since it is over 5 years old, and there is a change in time, place, or conditions, it may need to be updated before implementation of the activity.
d. There is concern about the stockpiling of overburden (the dirt and waste material that comes off of the top of the rock to be quarried) that is occurring on the industrial site. This is being done without a grading permit and appears to be in violation of the required setbacks from the Kawainui Marsh according to a person at the City’s Grading Department.
e. Questions of whether Phase II is necessary and of it potential impacts on the marsh. This operation according to some could eventually remove the entire hill over to Castle Junction.
VI. Recommendations:
a. Assist the community by providing back up water quality monitoring support after storm events, especially.
b. DOH would welcome working together with it to develop a protocol for monitoring which it
could use. Because staff monitoring occurs only during normal working hours, Monday
through Friday, additional time outside that window would be helpful, according to Gary
Gill.