On October 27th, 1995 the Board of Land and Natural resources (BLNR) resolved a few of the many issues involving Hawai`i Tropical Botanical Garden (HTBG) at Onomea, Hawai`i, by approving the Mediation Agreement negotiated between HTBG, the State, the County, and Share Onomea Access (SOA), a Big Island Advocacy group. The Mediation Agreement required HTBG to open an ancient Hawaiian trail traversing the garden, which had been closed approximately 16-years ago. In addition, the Agreement requires the State to survey the shoreline and other remnants of State land at Onomea. The most in-depth coverage on the six-week mediation can be found in the December 1995 issue of Environment Hawai`i.
Since the Mediation Agreement's acceptance by the BLNR, there have been a number of difficulties posed in actually implementing public access. HTBG's founder and director, Daniel Lutkenhouse, is described in a November 20, 1995, Star-Bulletin article as being "bitter about the experience" of having to open the trail and, in part, blames the Sierra Club, which he dismisses as "one or two off the wall people." Members of the public have claimed that HTBG has made it difficult at times for them to enjoy their access rights. However, once fencing and signs are in place, HTBG has stated their intention to stop guarding the route, and SOA and Sierra Club are hopeful that conflicts will no longer arise.
However, other issues have emerged since HTBG submitted plans to the State and County for a number of immediate and future additions and a draft Environmental Assessment (EA) has been submitted to the State. Among the proposed additions are 620 feet of wooded walkways (300 feet elevated), a new entrance, wrought iron fencing, rain shelters, restrooms, parking lot, greenhouses, vista platform, tool shed, bridges, pedestrian overpass (to go over the public trail), and more. The Office of Environmental Quality Control (OEQC) wrote a front page article in their February 23, 1996, newsletter, reminding the public that comments on the draft EA had to be submitted by March 11.
With HTBG's proposed expansion plans stream and water issues are becoming of paramount importance. In the past year, HTBG's stream alterations have been under investigation by the U.S. Army Corps of Engineers and the State Commission of Water Resource Management (COWRM). In addition, the Department of Land and Natural Resources (DLNR) recently informed HTBG that they are investigating the legality of "two diversion dams located on the Onomea and Alakahi Streams." The draft EA shows that HTBG intends to rely on the continued use of Onomea and Alakahi water form the illegally-constructed dams and diversions in these streams. The water is being used for restrooms, irrigation, and as a water source for the illegally-constructed Lily Lake and Flamingo Ponds. Additionally, the ponds' waste-water is drained by pipes into Alakahi Stream.
The Army Corps of Engineers has reported that HTBG placed fill in portions of Kahali`i Stream, a seasonal stream running through the property. Water no longer flows there, but aquatic life has been seen in the moist areas of the streambed, and there is a high water mark. The State Aquatics Division and the staff of COWRM has recommended that HTBG be required to remove the fill it placed in Kahali`i Stream. The Aquatics Division of DLNR has also determined that the dams are likely to harm the streamlife and have recommended that HTBG be required to remove them. In addition, HTBG has excavated a large portion of the side bank of Onomea Stream. The Aquatics Division recommends that HTBG be required to restore the stream to its original condition.
The U.S. Fish and Wildlife Service has commented in regard to HTBG's application that: "The documentation provided in support of the application inadequately describes the fauna and habitats that exist at the proposed project sites...there is no acknowledgment of the aquatic biological resources in any of the streams. Of particular concern are colonies of the orangeblack Hawaiian damselfly (Megalagrion xanthomelas) that occur...on both Alakahi and Onomea Streams." The damselfly is a candidate for the Endangered Species List.
I attended the February 7 meeting of the State Water Commission in Honolulu and testified on behalf of Share Onomea Access. Despite the recommendation of the COWRM staff and the Aquatics Division for restoration of the streams and removal of at least one of the dams, the State Water Commission decided to allow the dams and diversions to remain. I requested a contested case hearing in Hilo, so that the Water Commission would have the benefit of public input before making a decision.
Alternative sources of water can be found by HTBG such as County water or catchment systems. Also, effluent from ponds could be used to irrigate the property instead of being discharged into a low-flowing stream which runs through a public recreation area. It is this writers opinion that HTBG is using the inexpensive public stream water at the detriment of Hawaiian aquatic animals and their habitat. At the time of writing this contentious issue remains unresolved.