Appendix A Initiation of Section 106 Consultation Letter from John D. Nickelson, Federal Highway Administration to William J. Aila Jr., State Historic Preservation Officer, dated October 28, 2011 Memorandum from Glenn M. Okimoto, Department of Transportation to Pua Alaokalani Aiu, State Historic Preservation Division, dated February 9, 2012 US. Department Hawaii Federal-Aid Division 300 Ala Moana Blvd, Rm 3-306 of Transportation Box 50206 Federal Highway October 28, 2011 Honolulu, Hawaii 96850 Admlnlstraflon Phone: (808) 541-2700 Fax: (808) 541-2704 In Reply Refer To: HDA-HI Mr. William J. Aila, Jr. State Historic Preservation Officer Department of Land and Natural Resources State of Hawai 'i Kakuhihewa Building, Suite 555 601 Kamokila Boulevard Kapolei, Hawai 'i 96707 Subject: National Historic Preservation Act (NHPA) Section 106 Consultation Lydgate Park to Kapa'a Bicycle and Pedestrian Path Project Phases C&D County of Kaua'i, Department of Public Works Lihu 'e, Island of Kaua 'i, State of Hawaii Dear Mr. Aila: The Federal Highway Administration (FHWA) intends to fund the Lydgate Park to Kapa'a Bicycle and Pedestrian Path Project Phases C&D (Project) for the County of Kaua'i Department of Public Works (County of Kaua'i). FHWA and the State of Hawai'i Department of Transportation (HDOT) would like to inform SHPD that they are working cooperatively with the County of Kaua'i to advance the Project. Section 106 of 36 CFR 800.2( c)( 4) allows federal agencies to authorize an applicant or group of applicants to initiate consultation with the SHPO and other consulting parties, including Native Hawaiian Organizations. In order to accomplish the Project, FHWA is delegating Section I 06 Consultation ( 106) activities to the HDOT; HDOT is in turn allowing the coordination of I 06 activities to be administered by the County of Kaua'i. This letter is to formally advise you that the County of Kaua'i is acting on our behalf regarding the Project. The FHWA remains responsible for all findings and determinations charged to the agency in the review process. In accordance with our agreements with HDOT, all official letters to SHPD and stakeholders shall be transmitted under HDOT letterhead; and all determinations regarding historical impacts will be transmitted under FHWA letterhead. Please contact me at (808)541-2304 if you have any questions. hn D. Nickelson, P.E. Civil Engineer cc: Doug Haigh, County of Kaua 'i I Chris Yamasaki, HDOT Ray McCormick, HDOT NEIL ABERCROMBIE GLENN lvl. OKIMOTO GOVERNOR DIRECTOR Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI STATE OF HAWAII DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO: 869 PUNCHBOWL STREET HWY -DD 2.0804 HONOLULU, HAWAII 96813-5097 TO: THE HONORABLE WILLIAM J. AILA JR., CHAIRPERSON DEPARTME1\TT OF LAND AND NATURAL RESOURCES ATTN: PUA ALAOKALANI AIU, Ph.D. ADMINISTRATOR STATE HISTORIC PRESERVATION DIVISION FROM: GLENN M. OKIMOTO, Ph.D. h1 ~ AA .. M ~~ DIRECTOR OF TR.A.NSPORTATION I I '--'1./VV}/'-' \.. SUBJECT: NATIONAL HISTORIC PRESERVATION ACT SECTION 106 CONSULTATION LYDGATE PARK TO KAPAA BIKE/PEDESTRIAN PATH, PHASESC&D FEDERAL-AID PROJECT NO. CMAQ- 0700(49) The County ofKauai, Depmiment of Public Works is proceeding with environmental review for a bike and pedestrian path in Waipouli, Kauai, from Papaloa Road (north ofKauai Sands Hotel) to Waipouli Beach Resmi on the north side of Uhelekawawa Canal, a distance of 6,100 to 6,500 feet, depending on the final alignment. The County will oVvn and operate the bike/pedestrian path and will provide a portion of the project's funding. Because the U.S. Department of Transportation, Federal Highway Administration (FHWA) will also fund a pmiion of the path, the project is a federal undertaking requiring compliance with Section 106 ofthe National Historic Preservation Act, the National Environmental Policy Act, and the Depmiment of Transpmiation Act. This letter initiates the Section 106 consultation process. Detailed project information is provided in the enclosed suppmiing document. In addition to the path project itself, we are proposing a cultural resources (archaeological) inventory survey of the undertaking's area of potential effect (APE). This survey would assist in identifying historic properties and detennining potentially adverse effects. Your response to this letter- to aclmowledge interest in participating in this undertaking as a consulting party, provide conm1ents on the proposed project APE and any historic properties in the APE, and suggest additional key contacts- would be greatly appreciated. Please respond by March 30, 2012. If you have any questions or require additional information, please contact Clnistine Yamasaki at 692-7572 or Holly Yamauchi at 692-7574, Design Section, Design Branch, Highways Division, and reference HWY-DD 2.0804 as noted above. Enclosure c: County ofKauai (Doug Haigh) FHWA (Joh.n Nickelson) Lydgate Park-Kapaa Bike/Pedestrian Path, Waipouli Connection (Phases C&D) Supporting Documentation for Section 106 Consultation Project Background and Purpose In 2007, the Kaua'i Department of Public Works (DPW) completed an environmental assessment (EA) for a bike/pedestrian path from Lydgate Park to Kapa'a (Lihi Park) and made a finding of no significant impact. The preferred aligmnent identified in the original EA included a section located mauka of Kuhio Highway and along the Waipouli drainage canal, shown as Phase E in Figure 1. The EA was followed by more detailed design studies which determined that crossing Kuhio Highway and the temporary bypass road would not be optimal for path users. Because the bike/pedestrian path will extend as far north as Coconut Marketplace (via the Papaloa Road spur) and as far south as Uhelekawawa Canal, the County reexamined options to connect these two points. The most feasible option was a makai route that had been proposed and studied in the Draft Environmental Assessment for the original path project-to locate the path within portions of the County's existing beach reserve. The purpose of this supplemental enviromnental assessment (SEA) is to reevaluate the "makai alternative." Referred to as Phases C and D or the "Waipouli connection," this section of the bike/pedestrian path will measure approximately 6,100 to 6,500 feet, depending on the final alignment. The project's primary objectives are to provide a safe and inviting facility that will expand opportunities for non-motorized travel and recreation; provide connectivity to shopping, dining, and resort areas; and lateral coastal access. Project Description and Location Consistent with the overall facility, the bike/pedestrian path will be 10 to 12 feet wide and allow movement in both directions. It is intended to accommodate a wide variety of users; however, motorized vehicles will not be allowed with the exception of motorized wheelchairs, emergency vehicles, and maintenance vehicles. The path will be constructed from concrete with graded shoulders. Under some environmental conditions, the path's design and construction materials may vary to address issues of context sensitivity. No new parking areas will be provided; however, the project may include rehabilitation of an existing County parking area located behind Kapa'a Missionary Church. A small comfort station may be included within Phases C and D, but a location has not been determined. One stream crossing will be needed at Uhelekawawa Canal, but the crossing will not require work in the water. Because the path will traverse developed areas, it may be necessary to relocate and/or replace existing facilities or plant life-actions that are covered in the project description. Other construction and design elements include grading, walls, railings, fencing, landscaping, signage, and amenities, such as trash receptacles, benches, water fountains, and shielded security lighting. The decision to incorporate specific features will be made during final design. Sec 106 Supporting Document January 23, 2012 Lydgate Park-Kapaa Bike/Pedestrian Path, Waipouli Connection (Phases C&D) Figure 2 shows the project location. The SEA will focus on a preferred alternative that extends from Papaloa Road, bet\veen Kauai Sands Hotel and Islander on the Beach, then north through the County's beach reserve and along the coastal bench makai of three undeveloped parcels and Courtyard Kauai at Coconut Beach. The prefe1Ted alternative continues benveen Mokihana ofKaua'i/Bull Shed Restaurant and the Village Manor condominiums, then along the southern bank ofUbelekawawa Canal (currently a landscaped strip) to Kuhio Highway. The path will cross Uhelekawawa Canal as a cantilevered attachment to the existing highway bridge or an independent single-span bridge, where it will connect to the existing bike path at Waipouli Beach Resort. On the northern end of the Waipouli connection, the SEA will also assess the use of an existing beach access located south of Kapa'a Missionary Church and the right-of-way adjacent to and makai ofKuhio Highway bet\veen the beach access and Uhelekawawa Canal (approximately 580 feet). Project Area and Land Jurisdiction The Waipouli connection passes through portions of three ahupua 'a: South Olohena, North Olohena, and Waipouli. The Waipouli coastal stretch today is largely composed of resort (hotel, condominium, timeshare) and commercial properties, including the Kauai Sands Hotel, Islander on the Beach, Kauai Coast Resort, Courtyard Kauai, Mokihana ofKauai, Village Manor condominiums, and Waipouli Beach Resort. The Coconut Marketplace shopping complex is on the south end, and the Waipouli Town Center and Kauai Village Shopping Center are just mauka of Kuhio Highway on the north end. Three large, coastal properties are undeveloped, but they are zoned for resort development and have obtained Special Management Area (SMA) pennits for resort-oriented development. In addition to the larger properties, there is a cluster of smaller parcels located south of Uhelekawawa Canal consisting of residences, small businesses along the highway, and the Kapa' a Missionary Church. From the Papaloa Road "start" point, the County has an easement located bet\veen Kauai Sands and Islander on the Beach.