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The Honolulu Advertiser
Posted on: Tuesday, July 3, 2007

Permit backlog slows Hawaii construction

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By Kevin Dayton
Advertiser Big Island Bureau

The state Historic Preservation Division has become a bottleneck that delays construction projects on Maui and the Big Island, sometimes for years, according to developers.

Hundreds of development-related permits have not been processed on the two islands because the division no longer has the staff necessary to handle the workload, according to a resignation letter from a key archaeologist with the agency.

Melissa A. Kirkendall, lead archaeologist for Maui, Lana'i, Kaho'olawe and the Big Island, resigned Saturday, leaving one state archaeologist on Maui, none on the Big Island and none on O'ahu to review archaeological studies needed to process grading permits for new developments.

"It takes forever" to get permits, said Stanford Carr, president and chief executive officer of Stanford Carr Development LLC. Carr estimated it took two years to complete the required archaeological studies and obtain the necessary Historic Preservation Division approvals for his company's Kaloko Heights subdivision in Kona on the Big Island.

Historic Preservation is the state agency that reviews development plans to ensure that historic, cultural and burial sites are protected. The agency reviews all development plans, including proposals for golf courses, hotels, condominiums and housing subdivisions. It also scrutinizes grubbing and grading permits, along with some building permits.

Kirkendall said in her resignation letter that about 100 archaeological reports are overdue for review.

The letter, addressed to colleagues, said the problems within the Historic Preservation Division are now so severe they prevent professional staff there from meeting their "ethical obligations" to both preserve historic sites and serve the public.

Melanie Chinen, administrator of the state Historic Preservation Division, said through a spokeswoman that she had not seen Kirkendall's letter to her colleagues, and therefore could not respond to it.

"Dr. Kirkendall has offered her resignation. We have not received any information from her regarding concerns she may have over the division's operations beyond her desire that the public education component of historic preservation be expanded," Chinen said in a written statement.

"The division is processing applications to hire several new archaeologists and looks forward to their coming on board in the near future," Chinen wrote. "Staff are committed to working to fulfill the obligations of the department."

Carr said the delays in getting permits processed by the division are the worst he has seen, but said there also are backlogs in obtaining building permits from county agencies.

"I know that it takes a long time to get things through, but it's just the nature of the beast because everybody is in line," Carr said. "It's the worst we've been through, but I think it's just because you've got a lot more activity or applications going in than ever before."

Bruce McClure, director of the Department of Public Works for the Big Island, said county officials are familiar with the long waits for state Historic Preservation approvals because the county has been waiting as well. The county is seeking Historic Preservation approval for three projects to repair damage from the Oct. 15 earthquakes.

"We're aware that they're real slow in coming back, just from our own experience," he said.

'IT'S BEEN VERY SLOW'

A spokeswoman for county Public Works said the department has been waiting since early April for Historic Preservation approvals for about $1.3 million in repairs to Napo'opo'o Road; to three damaged areas of Mamalahoa Highway in Kona; and to a pedestrian overpass on Palani Road.

"It's been very slow," McClure said. "Even before, when they were better staffed, some things were slow."

McClure said the county recently suggested changes that might help ease Historic Preservation's workload, but hasn't yet heard back from the agency.

Kirkendall would not comment further on the Historic Preservation Division or to discuss her letter, other than to say she did not intend that it be circulated to the general public.

Kirkendall's resignation is the latest in a string of departures of professional staff from Historic Preservation that has alarmed Hawaiians and private archaeologists. Critics worry that without proper staffing, archaeological sites and Native Hawaiian burials may be destroyed in Hawai'i's ongoing development boom.

Private archaeologists also expressed concerns about staff vacancies in the Historic Preservation Division, which is part of the state Department of Land and Natural Resources.

Kirkendall said in her resignation letter there are already more than 227 permits pending for the Big Island alone, and at least 100 more are pending on Maui.

At the same time, reviews by the state Historic Preservation Division are overdue for another 100 archaeological reports for Maui and Big Island sites that were produced by private archaeological consultants, Kirkendall wrote. Those reports are usually prepared on behalf of developers, with state archaeologists tasked with reviewing the work to make sure it is complete and accurate.

A NEED FOR BALANCE

When backlogs build up and the agency is late in reviewing building, subdivision and other permits, "I believe we have violated our ethical obligation to the public trust," Kirkendall wrote. "Likewise, if we are cursory in our review of these permits, our ethical obligation to the historic properties ... and to the descendants of the creators of the historic properties, has been violated."

Chinen, administrator of the Historic Preservation Division, has said publicly the agency has become more efficient and is keeping up with its workload, but Kirkendall said in her letter the agency has not been able to keep up.

"They have got to find some qualified people to fill those positions, and the Big Island situation from a historic preservation point of view is a crisis now," said Tom Dye, president of the Society for Hawaiian Archaeology.

If Kirkendall is correct that there are hundreds of permits and reports backlogged, "pretty soon, people are just going to go ahead and develop regardless of whether there are historic sites on their properties or not," Dye said.

Advertiser reporter Derrick DePledge contributed to this report.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.