KAPA‘A — Project delays to mitigate burials and cultural artifacts has resulted in unanticipated budget costs and arrests of protesters wanting to protect what they consider sacred and cultural lands. The Ke Ala Hele Makalae, or the multi-use coastal path,
KAPA‘A — Project delays to mitigate burials and cultural artifacts has resulted in unanticipated budget costs and arrests of protesters wanting to protect what they consider sacred and cultural lands.
The Ke Ala Hele Makalae, or the multi-use coastal path, and the Kaumuali‘i Park septic tank project are scheduled for completion by the end of the year. But the discovery of cultural items and ancient burials has created obstacles for both projects.
County engineer Doug Haigh, manager of the Ke Ala Hele Makalae project, said the work currently being done by the state Department of Land and Natural Resources is completely separate from the county’s multi-use coastal path project.
“For the county’s project, an environmental assessment was completed, which included an archeological assessment and the development of an archaeological monitoring plan that will be utilized during construction,” Haigh said. “Although not required, the mayor ordered additional subsurface testing along the Wailua portion of the path to ensure that there are no archaeological resources that would be disturbed by the county’s work.”
That testing was completed this summer and the results will be released soon. Given the high number of archeological sites, including burials in the Wailua area, Haigh said that it is no great surprise that more burials have been found by DLNR.
“The presence of many burials mauka of the highway in Wailua was one of the determining factors for locating the path on the makai side of the highway,” Haigh said. “The finding of additional burials only reinforces the justification for not placing the path on the mauka side of Kuhio Highway.”
The DLNR project, due for completion by late December, is to place individual wastewater system improvements at Wailua River State Park, Old Smith’s Landing and the Kaumuali‘i Comfort Stations. DLNR entered into a Consent Agreement with the United States Environmental Protection Agency to close or convert 60 large capacity cesspools at DLNR facilities statewide.
HDOT Chief of Communications Dan Meisenzahl said the walking path used for many years to connect the Old Smith’s Landing and Kaumuali‘i Park sections project will remain an unimproved, dirt walking path.
As required with such projects, an archaeological inventory survey was conducted. Native Hawaiian cultural deposits and burials typical to coastal areas of east Kaua‘i were found in portions of the park in 2005. Changes to the system design and layout occurred after the first ancient burial was discovered during the survey.
The State Historic Preservation Division reviews and approves the archeological inventory survey report of a find, along with the data recovery plan and report. DLNR rules require the approval in order to remove burials and cultural items more than 50 years old.
According to Meisenzahl, an archaeologist monitored activities and SHPD addressed the adverse effects on deposits to mitigate a redesign to preserve the first burial in place to reduce the probability of disturbing other burials or cultural deposits.
The project was delayed again on Aug. 17, 2010 for several months with the discovery of two more burials. A third set of burials was discovered adjacent to the project area in April 2011.
Protesters trying to stop further digging were arrested for interfering with contractors. One of them was Waldeen Palmeira, who stated her complaints resulted in the delays, according to the SHPD November 2010 meeting minutes.
Others mentioned in the minutes advocated building a new system within the existing septic area. Others recommended installing county water and sewer to avoid continued cesspool digging at the site.
Meisenzahl said DLNR attempted to identify possible wastewater treatment alternatives to minimize ground disturbance and avoid dispersal of treated effluent in or near cultural deposits of the park sections.
“No feasible alternative was found given the physical constraints of the park, the technology available in this particular setting and environment, the operation capacity of the Division of State Parks, and available funding,” he said.
DLNR consulted with Kaua‘i and Ni‘ihau Islands Burial Council. Concerned community raised issues that DLNR had not obtained required federal, state, and county permits and was not exempt in conducting work at the national park site.
Meisenzahl said responses were prepared by State Parks to explain the permit and approval process followed by DLNR to note the process is consistent with standard practices.
“The responses also explain in detail why many of the laws and regulations cited by those with concerns do not apply to this project,” he added.
There are ancient grave discoveries on Kaua‘i and on other islands each year during private construction and public works. The standard Historic and Review Process of the DLNR when a burial is discovered is to stop all work for the burial council to identify, process inventory and evaluate the site for an impact assessment and mitigation plan.
Meisenzahl said the required historic preservation review process was followed throughout all project planning and construction to date. He said KNIBC was consulted repeatedly and the burial issues were on its meeting agenda six times.
“Some of the burial sites discovered will be preserved in place and others will be relocated to a permanent reburial site established in the park,” Meisenzahl said.
KNIBC addresses the appropriate action to leave the site in place or to reinter the graves on another location. KNIBC approved the Burial Treatment Plan for the 2005 discovery and SHPD approved the short and long-term treatment measures for those discovered inadvertently during construction-related activities in accordance with state laws and regulations.
“HDOT did not in any way influence any decisions to preserve burials in place or to relocate some nor were there any discussions with HDOT on what decisions should be made,” Meisenzahl said. “The parks’ wastewater system is completely separate and independent of all HDOT projects undertaken in the area in recent years.”
SHPD meeting minutes from last March note a request for a two-foot dry stack stone wall to mark the preservation area within the park.
∫ Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@ thegardenisland.com.
