Expert urges partial halt to work at Wal-Mart site
By James Gonser
Advertiser Urban Honolulu Writer
A state cultural specialist has recommended that officials order construction halted in at least part of the Wal-Mart construction site on Ke'eaumoku Street because of concerns that more human remains are likely to be found.
The discovery of two sets of remains on July 17 prompted Ross Kana'i Kapeliela, a cultural specialist in the State Historic Preservation Division's Burial Sites Program in charge of the Wal-Mart site, to send an e-mail to his superior, Holly McEldowney, acting administrator for the preservation division, saying that work should be stopped in the southwest corner of the development.
Neither Peter Young, state Department of Land and Natural Resources director, nor McEldowney would discuss the Wal-Mart situation.
Hui Malama I Na Kupuna O Hawai'i Nei, an organization that oversees perpetual care of the remains of Native Hawaiians, has complained about the treatment of iwi, or bones, found on the site and pointed to the cultural specialist's recommendation as new evidence that the state is not doing enough to minimize the disturbance of Hawaiian remains and ensuring they are dealt with in culturally appropriate ways.
There have been more than 30 sets of iwi kupuna, or ancestral bones — some complete and some partial — found at six locations at the Wal-Mart site. Meanwhile, work continues at the site but not where remains have been found.
Hui Malama says it just wants to protect the iwi, not stop the project.
Wal-Mart says it has done everything required by the state, including a survey of the site, hiring an archaeologist to be on hand during any digging, stopping work immediately when any bones are found and notifying the State Historic Preservation Division of the find.
A copy of the Aug. 18 e-mail was obtained by The Advertiser.
The new remains were a "troubling" find because they were uncovered as work continued just yards from iwi found previously, Kapeliela said in the e-mail.
"I was surprised to learn that the areas slated for pile driving and their associated piling cap excavations areas were not tested for the presence of burials before the work was allowed to proceed," Kapeliela said in the e-mail. "I am of the opinion that work on the ramp footings should cease until subsurface testing can be done in the remaining areas."
Kapeliela was subsequently removed from his work at the site and replaced by McEldowney, an archeologist. Kapeliela said this is the first time in his 12 years with the department that a director has taken away oversight of Hawaiian graves from a cultural expert.
"The whole way this case is being handled is bizarre," Kapeliela said last week. "Generally there is balance because you have the Burial Sites Program, which by and large are not archaeologists. We come in more from the cultural side. To me, I don't think you should have archaeologists calling the shots over burials."
Archaeologists perform the evaluation of a site when deemed necessary by the state based on historical record, results of an environmental impact statement or other evidence. Usually the archaeologist is hired and paid by the developer or company involved. If bones or ancient cultural artifacts are found, specialists in Hawaiian culture are assigned by the state to ensure that proper handling and practices are carried out. In this case, the state did not require Wal-Mart to have an assessment by an archaeologist, but the company hired one anyway.
McEldowney said she could not comment because Hui Malama filed a lawsuit in May against the state and Wal-Mart to preserve any remains in place. McEldowney said questions about the Wal-Mart situation could be answered by reading the attorney general's Aug. 1 memorandum in opposition to a motion for preliminary injunction.
That injunction was denied Aug. 21 by Circuit Court Judge Victoria Marks, and no decision has been made about the final disposition of any of the remains.
The remains of one adult and one child were uncovered at about 3 p.m. July 17 while work was being done on the foundation for a parking ramp, according to a report by Aki Sinoto Consulting, a private archaeology firm hired by Wal-Mart to monitor excavations at the site.
The iwi were found next to a concrete pile driven into the ground along with 1,200 others in January and February as supports for the foundation for the Sam's Club and Wal-Mart complex being built on the block bounded by Sheridan, Makaloa, Rycroft and Ke'eaumoku streets.
Hui Malama member Edward Halealoha Ayau said the pile may have been pounded right through the iwi, which were found about 20 feet from where the first 25 sets of remains were discovered in January. Those bones were grouped in one area and the state should never have allowed construction so close to a major gravesite without at least looking for more remains, he said.
"The main focus has to be the question, why did they allow the driving of the pilings right next to the cemetery without advance archaeological testing to see whether the cemetery continues?" said Ayau. "Why did (the State Historic Preservation Division) allow that?"
The state does not require that an archaeological survey be conducted on private land. The state determined that archaeological monitoring was sufficient for this project based on an assessment of the probability of burials or cultural deposits being disturbed by the Wal-Mart project, according to the attorney general's motion.
"That is true," Kapeliela said Thursday. "The state is saying, according to the attorney general, that because in the past they didn't require surveys for other projects at the site and there was heavy urbanization, finding remains would likely be minimal. But once they did find things, you would think they would change tack. That is thinking logically."
Wal-Mart spokeswoman Cynthia Lin said the company is trying to be sensitive in the handling of remains.
"All excavations are being monitored by the archaeologists and an assessment was done," Lin said. "Right now we are using the smallest possible piece of construction equipment to cause the least amount of disturbance to any remains that may still be there.
"We have contacted (the State Historic Preservation Division) in every incident. We are working closely with the SHPD and the recognized descendants to do whatever we can to make sure the remains are treated with respect and in line with the appropriate cultural protocols."
For Ayau, the former head of DLNR's Burial Sites Program, simply doing what the state requires is not enough and Hui Malama may file another lawsuit in light of these most recent finds in a bid to protect the iwi.
"It appears the state allowed construction to occur right next to the cemetery area," Ayau said. "They did not require the archaeological monitor to test in advance. We have a picture of the pilings and one that looks like it is either splitting a burial or right up against it. They pounded these pilings and one impacted these individuals. We are in total shock."
Meanwhile, Citizens Against Reckless Development, a citizens group opposed to the construction of the Wal-Mart and Sam's Club complex, filed an appeal last week in Circuit Court against the Zoning Board of Appeals, the director of the city Department of Planning & Permitting and Wal-Mart Real Estate Business Trust.
The group is appealing the Zoning Board's earlier decision giving Wal-Mart a conditional-use permit to begin foundation and groundwork. The group claims the permit was erroneously granted and is illegal. They want construction stopped and an environmental assessment completed before work can resume.
Reach James Gonser at jgonser@honoluluadvertiser.com or 535-2431.
