Haw. Code R. § 13-284-5 - Identification and inventory of historic properties
(a) The
agency shall ensure whether historic properties are present in the project area
and, if so, it shall ensure that these properties are properly identified and
inventoried.
(b) An agency shall
first consult the SHPD to determine if the area proposed for the project needs
to undergo an inventory survey to determine if historic properties are present.
The tax map key for the parcel or parcels involved and a map shall be submitted
to the SHPD to locate and define the boundaries of the actual project. The SHPD
shall supply a response in writing within thirty days of the receipt of the
initiating request at the SHPD office. This response shall include a
justification by the SHPD for its conclusion.
(1) If the SHPD concludes that no significant
historic sites are likely to be present due to past land disturbances then the
SHPD shall make this determination in the form of a "no historic properties
affected" letter within thirty days; or
(2) Alternatively, the agency can submit
documents claiming no significant historic sites are likely to be present. The
document must present supportive evidence documenting the land altering
activities (including areal extent and depth of disturbances) and documenting
the likely nature and depth of historic properties that may have once existed
in the area. The SHPD shall respond in writing within thirty days.
(A) If the SHPD finds that no significant
historic properties are present, then the SHPD shall issue a written response
to the agency in the form of a "no historic properties affected" determination
and historic preservation review ends; or
(B) If the SHPD finds historic properties may
be present, then a letter shall be sent to the agency specifying why. To
proceed with the review process, the agency shall correct the problems,
consulting with the SHPD as needed, and resubmit the documentation or shall
conduct an inventory survey.
(3) The SHPD shall make all "no historic
properties affected" comments available to interested persons by posting notice
of all such "no historic properties affected" comments at the SHPD office and
on the SHPD's website every Friday. Should the office be closed on any Friday
as a result of a holiday .or some type of disaster, the information shall be
posted on the first following working day. Interested persons have the
opportunity to submit written comments on such determinations within thirty
days of the notice's posting. During these thirty days, should historic
properties be reported to the SHPD, the SHPD shall reconsider its response
under the provisions of section 13-284-12.
(4) If the SHPD indicates that an adequate
survey exists and that historic properties are present, then the agency shall
proceed to the next step in the review process, evaluation of the significance
of the historic properties according to the following section of this
rule.
(5) If the SHPD concludes an
inventory survey needs to be done, this survey shall identify all historic
properties and gather enough information to evaluate the properties'
significance. Inventory surveys fall into three main categories, and the SHPD
shall indicate which category or combination of categories is needed.
(A) An archaeological inventory survey may be
undertaken when the SHPD concludes that archaeological properties are present
or are likely to be present. Archaeological survey often involves detailed
field mapping and test excavations, laboratory analyses, and interpretive
studies. Specific minimal requirements for this survey are contained in chapter
13-276. A permit, issued by the SHPD, as set forth in chapter 13-282, is
required for this survey and any lesser level of archaeological survey work.
The survey must be directed by a qualified archaeologist who meets the
qualifications set forth in chapter 13-281. Results of the survey shall be
reported either through an archaeological assessment, if no sites were found,
or an archaeological survey report which meets the minimum standards set forth
in chapter 13-276. An archaeological assessment shall include the information
on the property and the undergo an inventory survey to determine if historic
properties are present. The tax map key for the parcel or parcels involved and
a map shall be submitted to the SHPD to locate and define the boundaries of the
actual project. The SHPD shall supply a response in writing within thirty days
of the receipt of the initiating request at the SHPD office. This response
shall include a justification by the SHPD for its conclusion.
(1) If the SHPD concludes that no significant
historic sites are likely to be present due to past land disturbances then the
SHPD shall make this determination in the form of a "no historic properties
affected" letter within thirty days; or
(2) Alternatively, the agency can submit
documents claiming no significant historic sites are likely to be present. The
document must present supportive evidence documenting the land altering
activities (including areal extent and depth of disturbances) and documenting
the likely nature and depth of historic properties that may have once existed
in the area. The SHPD shall respond in writing within thirty days.
(A) If the SHPD finds that no significant
historic properties are present, then the SHPD shall issue a written response
to the agency in the form of a "no historic properties affected" determination
and historic preservation review ends; or
(B) If the SHPD finds historic properties may
be present, then a letter shall be sent to the agency specifying why. To
proceed with the review process, the agency shall correct the problems,
consulting with the SHPD as needed, and resubmit the documentation or shall
conduct an inventory survey.
(3) The SHPD shall make all "no historic
properties affected" comments available to interested persons by posting notice
of all such "no historic properties affected" comments at the SHPD office and
on the SHPD's website every Friday. Should the office be closed on any Friday
as a result of a holiday .or some type of disaster, the information shall be
posted on the first following survey methodology as set forth in subsections
13-276-5(a) and (c).
(B)
An ethnographic survey may be undertaken when the SHPD concludes that historic
properties which may be significant under criterion "e" of paragraph
13-284-6(b)(5) are present or are likely to be present within the project area
and when the project area is known to have been used by members of an ethnic
community at least fifty years ago or by preceding generations. Guidelines for
this survey can be obtained from the SHPD. The survey must be directed by a
qualified ethnographer who meets the qualifications set forth in chapter
13-281.
(C) An architectural
inventory survey may be undertaken when the SHPD concludes that historic
buildings, structures, objects, or districts are present or are likely to be
present within the project area. Minimally, information shall be of sufficient
quality to complete a National Register of Historic Places nomination form. The
survey must be directed by a qualified historian, architect, or architectural
historian who meets the qualifications set forth in chapter 13-281.
(c) Should the SHPD
believe unusual archaeological conditions may be present in a project area,
such as the presence of paleo-environmental materials or historic archaeology,
the SHPD may request an inventory plan be submitted for approval prior to the
undertaking of any inventory survey work. This plan shall include, but not be
limited to:
(1) All the information required
in subsections 13-276-5(a) and (b) which identifies the project area,
identifies the project owner, describes the environment, provides the results
of background research, as applicable, and reviews any relevant prior
archaeological studies.
(2) A
research design for the identification of historic properties within the
project area. This would be a section on the methods to be used in the
archaeological field survey which shall include:
(A) The name and qualifications of the
principal investigator and investigators;
(B) The anticipated number of field
personnel, and any specialized qualifications which they might
possess;
(C) The anticipated
duration of time for the survey;
(D) The extent of survey coverage, if
applicable. If the coverage is to be less than one hundred percent, the
rationale for the sample (the sampling design) must be presented in a careful
discussion. Sampling designs which include analysis of possible subsurface
sites under sand dunes, urban fill, and other areas must also be presented
here;
(E) A discussion of any
factors which might limit the survey effort, if applicable;
(F) The techniques to be used to identify
archaeological properties (transects, sweeps, test excavations, augering,
etc.);
(G) The anticipated extent
of historic property recording (mapping, measuring, photographing, test
excavations) and the techniques to be used, if applicable, with the rationale
for these techniques given; and to plot site location, if applicable;
and
(H) The method to be used to
plot site location, if applicable.
(3) Information obtained through the
consultation process with individuals knowledgeable about the project area's
history, if discussions with the SHPD, background research or public input
indicate a need to consult with knowledgeable individuals. This section would
include all the information required in subsection 13-276-5(g).
(d) If an inventory plan is
requested, once it is completed, one copy of the inventory plan shall be
submitted to the SHPD for review. The plan shall meet the above requirements.
The SHPD shall inform the agency within thirty days of receipt of the plan if
the information contained in the plan is adequate or inadequate.
(1) If the SHPD determines that the plan is
inadequate, then a letter shall be sent to the agency stating why the plan is
inadequate. To proceed with the review process, the agency shall correct the
problems, consulting with the SHPD as needed to resolve differences, and
resubmit the results.
(2) If the
SHPD finds the plan adequate, then the agency will be sent a written notice of
acceptance.
(e) If an
inventory survey is needed, once it is completed, one copy of the inventory
survey report or, if appropriate, an archaeological assessment shall be
submitted to the SHPD. The report shall meet the requirements noted in chapter
13-276 for archaeology; shall conform with the SHPD guidelines for ethnography;
or shall meet the requirements to complete a National Register of Historic
Places nomination form or forms for architecture. When consultation is
required, as specified in any of the reporting rules or guidelines for surveys,
the report shall include a summary of the consultation process. The SHPD shall
inform the agency within forty five days of SHPD receipt of the report, if the
information contained in the report or archaeological assessment is adequate or
inadequate.
(1) If the SHPD determines that
the survey, assessment or report is inadequate (e.g., survey failed to cover
the entire project area, historic properties are incompletely described, etc.),
then a letter shall be sent to the agency stating why the inventory survey or
archaeological assessment is inadequate. To proceed with the review process,
the agency shall consult with the SHPD as needed to resolve differences, and
resubmit the results.
(2) If the
SHPD finds the report or archaeological assessment adequate, then the agency
shall be sent a written notice of acceptance;
(3) Once the survey report or archaeological
assessment is considered adequate, seven copies of the report or archaeological
assessment shall be made available by the agency to the public. Two copies
shall be sent to the SHPD library with one copy going to the relevant SHPD
neighbor island office libraries, one copy shall be sent to the University of
Hawaii at Manoa's Hamilton Library's Pacific Collection, one copy shall be sent
to the Bishop Museum's library, one copy shall be sent to the University of
Hawaii at Hilo's library, one copy shall be sent to Maui Community College's
library and one copy to Kauai Community College's library.
(f) If the SHPD finds the report or
archaeological assessment adequate and if no historic properties are present,
then historic preservation review ends and the SHPD shall include in the notice
of final acceptance its written "no historic properties affected"
determination.
(g) If the SHPD
finds the report adequate and historic properties are present, then the
significance of each property shall be evaluatedas discussed in the following
section.
Notes
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