Haw. Code R. § 13-284-8 - Mitigation
(a) If a project will have an "effect"
(impact) on significant historic properties, then a mitigation commitment
proposing the form of mitigation to be undertaken for each significant historic
property shall be submitted by the agency to the SHPD for review and approval.
This proposed commitment shall be submitted concurrently with the survey
report, significance evaluations, and effects determinations, if significant
historic properties are present in the project area and will be affected.
(1) Mitigation may occur in five forms.
(A) Preservation, which may include avoidance
and protection (conservation), stabilization, rehabilitation, restoration,
reconstruction, interpretation, or appropriate cultural use.
(B) Architectural recordation, which involves
the photographic documentation and possibly the measured drawing of a building,
structure, or object prior to its alteration or destruction.
(C) Archaeological data recovery, which
enables the recovery of an adequate and reasonable amount of the significant
information from a significant historic property prior to its alteration or
destruction. Data recovery may include archaeological mapping, surface
collection, excavation, monitoring, laboratory analyses, and interpretive
analyses.
(D) Historical data
recovery, which involves researching historical source materials to document an
adequate and reasonable amount of information about the property when a
property will be altered or destroyed.
(E) Ethnographic documentation, which
involves interviewing knowledgeable individuals and researching historical
source materials to document an adequate and reasonable amount of information
about the property when a property will be altered or destroyed.
(2) If properties with
significance, so evaluated under criterion "e", as defined in paragraph
13-284-6(b) (5) are involved, the agency shall initiate a consultation process
with ethnic organizations or members of the ethnic group for whom the historic
properties have significance under criterion "e" to seek their views on the
proposed forms of mitigation. For native Hawaiian properties which may be
significant under criterion "e", the Office of Hawaiian Affairs also shall be
consulted.
(3) This proposed
mitigation commitment must include:
(A) A
table of the significant historic properties, indicating which form or forms of
mitigation are proposed for each property--preservation, archaeological data
recovery, architectural documentation, historical documentation, or
ethnographic documentation;
(B)
Brief text justifying these proposed treatments; similar sites can be discussed
together in this justification; and
(C) If properties which may have significance
under criterion "e" are involved, a description of the consultation process
used, a list of the individuals and organizations contacted, and a summary of
the views and concerns expressed.
(b) If the proposal is not adequate, SHPD
shall send a letter outlining needed changes, within forty five days of receipt
of the mitigation commitments. To proceed with the review process, the agency
shall consult with the SHPD as needed to resolve differences, and resubmit the
mitigation commitments.
(c) If the
commitments are acceptable, the SHPD shall send a determination letter
concurring with the proposed project within forty five days of receipt of the
mitigation commitments.
(d) If
identified unmarked burial sites are present, the relevant island burial
council of the department must approve the proposed mitigation commitments for
this type of historic property in the case of native Hawaiian burials,
following chapter
6E-43, HRS, and section
13-300-33.
(e) After mitigation
commitments are accepted the agency shall provide detailed plans for the
mitigation work to the SHPD for review and approval. The approved plans shall
serve as scopes of work for mitigation.
(1)
Archaeological data recovery plans shall meet the minimal standards for data
recovery as provided in chapter 13-277. Qualifications of the archaeologist who
is the principal investigator for this work shall comply with chapter 13-261.
An archaeological permit from the SHPD is required to undertake this work as
provided in chapter 13-282. Plans may include monitoring of construction by a
professional archaeologist where further significant historic remains are
likely to be found after data recovery. Minimal standards for the monitoring
and report shall comply with chapter 13-279. Qualifications of the
archaeologist who is the principal investigator for the monitoring shall comply
with chapter 13-281.
(2)
Architectural recordation plans' photographic components shall meet the minimal
standards as provided by historic American building survey (HABS) photographic
specifications.
(3) Historical data
recovery plans shall conform to SHPD guidelines for historic documentation.
Qualifications for the historian directing this work shall comply with chapter
13-281.
(4) Ethnographic
documentation plans shall conform to SHPD guidelines for ethnographic
documentation. Qualifications for the ethnographer directing this work shall
comply with chapter 13-281.
(5)
Preservation plans shall meet the minimal standards as provided in chapter
13-277 for archaeological properties and properties deemed significant under
paragraph 13-284-6(b)(5) and the Secretary of the Interior's standards for
historic preservation projects for architectural properties. If preservation
plans involve historic properties deemed significant under criterion "e" as
provided in paragraph 13-284-6(b)(5), the agency shall consult with interested
individuals and organizations of the relevant cultural group with which the
properties are associated. For native Hawaiian properties deemed significant
under paragraph 13-284-6(b)(5), the Office of Hawaiian Affairs shall be
consulted. The plans shall describe the consultation process used, list the
individuals and organizations consulted, and summarize the views and concerns
expressed.
(6) Any interested
persons may comment on the detailed mitigation plans. Comments must be
submitted in writing to the SHPD within thirty days of the SHPD posting notice
of the receipt of the detailed mitigation plans. The SHPD shall take all
comments into consideration when issuing its letter of acceptance or
non-acceptance of the plans.
(7) If
a detailed mitigation plan is not adequate, SHPD shall send a letter outlining
needed changes, within forty five days of receipt of the plan. To proceed with
the review process, the agency shall consult with the SHPD as needed to resolve
differences, and resubmit the plan.
(8) If a detailed mitigation plan is
adequate, the SHPD shall send a letter of agreement within forty five days of
receipt of the plan. Once the plan is considered adequate, work can then
proceed on the plan.
(9) If
unmarked burials are involved, the detailed mitigation plan must be covered
under a burial treatment plan, as specified in chapter 13-300. This treatment
plan can serve as the burial site component of an archaeological data recovery
plan (in cases of disinterment and reinterment elsewhere) or of a preservation
plan.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.