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Wendy Houston
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1 From: Blanco, Caroline M [mailto:cblanco@nsf.gov] Sent: Monday, October 17, :46 PM To: Mikahala Helm; Warren & Joanne Shibuya; Pua.Aiu@hawaii.gov; Elizabeth_Gordon@nps.gov; jasonj@oha.org; kukuipuka@aol.com; tookie49_2004@yahoo.com; howard; Clyde M Sakamoto; dafrank@nhlchi.org; Boyd Mossman; Cari Kreshak; Charlene Vaughn; Rex Hunter; Jennifer Ditsler; kcesharon; Charlie Fein; Foltz, Craig B.; Gibson, Anthony J; Mike Maberry; Kanoe Cheek; Clifford A Kapono; Timmy_Bailey@nps.gov; thoreauing@live.com; Charles K. Maxwell, Sr.; Kinohine@aol.com; pbeagle@maui.net; kuhea.paracuelles@mauicounty.gov; jkamaunu1@yahoo.com; diggy5451@gmail.com; audiencereach@hawaii.rr.com; keokala3@yahoo.com; pjalesna@aol.com; keoniwoo@aol.com; kahu.naone@gmail.com; Della Nakamoto; Haunani Kane; Vicens, Chubby at PROP_MAUI; back2daaina@live.com; hinano.r.rodrigues@hawaii.gov; Dick Mayer; Clare Apana Subject: ATST Native Hawaiian Working Group - Next Meeting: Monday, October 24th, 2011, from 6:00 p.m. to 8:00 p.m. Hi folks I hope this finds you all well. I am writing to invite you all to attend the next meeting of our ATST Native Hawaiian Working Group, which will be held on Monday, October 24 th, 2011, from 6:00 to 8:00 p.m. at the Pukalani Community Center Multi-purpose Building (in the room by the pool). Please note that it was suggested during our last meeting that folks attending our upcoming meeting on the 24 th bring a pupu to share. Therefore, I invite you all to bring a pupu to our Monday evening meeting if you wish. (Paper products and water will be supplied by the ATST project team.) As also suggested during our last meeting, we will be having a presentation given by Johanna Kamauna and Joyclynn Costa designed to try to help us understand one another better. The hope is that, with a better understanding of each other, we will be able to more effectively resolve issues presented to us. Johanna and Joyclynn gave their presentation earlier this year to the Maui County Council, and we understand that it was received very well. In preparation for their presentation, they have asked that everyone planning on attending Monday s meeting prepare, in advance, a mini bio that will provide an insight into who they are through a description of what motivates/inspires them, what has formed their beliefs, or what has been a life changing moment for them. If possible, it would be great if folks could provide this mini bio in advance of the meeting. Also, we are trying to make arrangements to provide internet access to a video of the earlier presentation given to the Maui County Council so that folks will have a better idea of what to expect from Monday s presentation. By this message, I am also asking that Johanna and Joyclynn please add or correct the information I have provided here regarding their presentation as I want to be sure that I have been accurate in my description. The first hour of our meeting on Monday will be dedicated to this presentation, and on behalf of NSF, I thank Johanna and Joyclynn for their thoughtful and valuable contribution. The second hour of our meeting will be focused on two issues: 1) the status of the implementation of the Programmatic Agreement; and 2) a discussion of the proposed amendment to the Programmatic Agreement. By now, all of you should have received a letter that I sent out last week to all consulting parties regarding the proposed amendment to the Programmatic Agreement (finalized in late November of 2009). The proposed amendment is designed to clarify the definition of wide and extremely wide loads to address potential impacts to the historic Haleakalā Park Road as a result of the change in truck traffic to be used during the construction phase of the ATST. The change in truck traffic came about as a result of the types of trucks available on Maui. The proposed amendment also seeks to replace the current Exhibit B with a new Exhibit B, which addresses Best Management Practices to be followed. While the proposed new Exhibit B is nearly identical in language to the current Exhibit B, we

2 are seeking to replace it because the current Exhibit B is derived from the Long Range Development Plan, which was recently superceded by the new management plan for the Haleakalā igh AltiHHH High Altitude Observatory, prepared by the University of Hawai i. As explained in my letter, a 30 day public comment period on the proposed amendment is now underway and closes on November 7, The proposed amendment is the result of consultation meetings that were held when we last met and also on the day following our last meeting. The impacts related to the change in the truck traffic were also discussed in the Draft Supplemental Environmental Assessment, which was released in June of The Final Supplemental Environmental Assessment will not be issued until after a decision on the proposed amendment is reached. A copy of my letter, the proposed amendment to the Programmatic Agreement, and the proposed new Exhibit B, are attached to this message for your convenience. Thank you all for your continued participation, and I look forward to seeing you next Monday! With warm wishes, Caroline Caroline M. Blanco Assistant General Counsel National Science Foundation 4201 Wilson Boulevard, Suite 1265 Arlington, VA (telephone) (fax) cblanco@nsf.gov ( )

5 WHEREAS, since the execution of the Advanced Technology Solar Telescope (ATST) Programmatic Agreement in November 2009 (2009 ATST PA), the Association of Universities for Research in Astronomy/National Solar Observatory (AURA/NSO) has made significant progress in its design and engineering efforts relevant to the project such that more details about the ATST and construction needs are now known; WHEREAS, AURA/NSO has expressed a desire to hire, to the extent practicable, local labor on Maui to carry out ATST-related construction activities, including the trucking of materials along the Park Road Corridor to the ATST site within the Haleakalā High- Altitude Observatory (HO) site; WHEREAS, after further inquiry, AURA/NSO has learned that certain types of trucks believed to be available on Maui when the 2009 ATST PA was finalized are not now available on Maui. As a result, AURA/NSO has revised the types of trucks to be used to complete the construction phase of the ATST in accordance with the vehicle availability on Maui; WHEREAS, in compliance with the National Environmental Policy Act, 42 U.S.C. 4321, et seq. (NEPA), the National Science Foundation (NSF) prepared a Draft Supplemental Environmental Assessment (Draft SEA) to analyze the potential environmental impacts associated with the alteration to the numbers of various sized trucks to be used to complete the construction phase of the ATST. The SEA also analyzed the potential environmental impacts associated with the proposed upgrade to two Federal Aviation Administration (FAA) towers located on FAA property adjacent to the HO site. The Draft SEA was released to the public on June 1, 2011, for a public comment period, which ended on July 5, On June 16, 2011, a public hearing on the Draft SEA was held on Maui, Hawai i; WHEREAS, in compliance with Section 106 of the National Historic Preservation Act, NSF held two consultation meetings (on June 15, 2011 and June 16, 2011) to determine and address the potential adverse effects resulting from the revision to the types of trucks to traverse the Park Road Corridor during the construction phase of the ATST; WHEREAS, following consultations with the signatories to the 2009 ATST PA and the other consulting parties, it was determined that the relevant language contained in Stipulation III.D. in the 2009 ATST PA needs to be replaced to reflect the types of trucks currently available on Maui and to address ways to avoid, minimize, or mitigate the potential adverse effects resulting from the revision to the types of trucks traversing the Park Road Corridor during the construction phase of the ATST; and WHEREAS, since the final and full execution of the 2009 ATST PA, Section of the University of Hawaii Institute for Astronomy s (UH IfA) Long Range Development Plan for HO, attached to the 2009 ATST PA as Exhibit B, has been superseded by Section of the University of Hawai i Institute for Astronomy, Haleakalā High Altitude Observatory Site Haleakalā, Maui, Hawai i Management Plan, Pu`u Kolekole, Makawao, Maui, TMK (2) :008 ( HO Site Management Plan ), which was

6 approved by the Board of Land and Natural Resources at its meeting held on December 1, Thus, the Signatories to this Amendment to the 2009 ATST PA agree that Exhibit B to the 2009 ATST PA needs to be replaced by the new policy for the preservation of cultural resources to be jointly implemented as Best Management Practices by AURA/NSO and UH IfA. NOW, THEREFORE, NSF, the Advisory Council on Historic Preservation, the Hawaii State Historic Preservation Officer, the National Park Service, AURA/NSO, and UH IfA (collectively referred to herein as, the Parties or the Signatories ) agree to the following stipulations: STIPULATIONS Stipulation II.B. in the 2009 ATST PA, including Exhibit B referenced therein, is null and void and replaced with the following: II. B. Implementation of Best Management Practices AURA/NSO and UH IfA will jointly implement the Best Management Practices directed at the preservation and protection of cultural, archeological, and historic resources outlined as IfA s policy for the preservation of cultural resources in Section Cultural and Historic Preservation Management) of the University of Hawai`i Institute for Astronomy, Haleakalā High Altitude Observatory Site Haleakalā, Maui, Hawai`i Management Plan, Pu`u Kolekole, Makawao, Maui, TMK (2) :008, which was approved by the Board of Land and Natural Resources at its meeting held on December 1, 2010 (see Exhibit B). Stipulation III.D. in the 2009 ATST PA is null and void and replaced with the following: III. D. Limitations on Number of Wide and Extremely Wide Loads i. Limitations on Number of Wide Loads Wide loads are defined as any load that exceeds the State of Hawaii Department of Transportation limit of 9 feet in width. AURA/NSO, pursuant to the terms of the Special Use Permit, will ensure that the number of wide loads traversing the Park Road Corridor will not exceed 225 over the course of the construction phase of the ATST project. AURA/NSO will ensure that oncoming traffic is pulled over into designated paved traffic pullouts along the Park Road Corridor until such wide loads pass. AURA/NSO will ensure that the vehicles transporting these wide loads will avoid driving on the edges of the road. ii. Limitations on Number of Extremely Wide Loads Of the number of wide loads referred to in paragraph III. D. i. above, 25 loads are defined as extremely wide loads measuring from 18 feet-24 feet in width, which will result in a temporary closure of the Park Road Corridor. AURA/NSO, pursuant to the terms of the 2

7 Special Use Permit, will ensure that the number of extremely wide loads traversing the Park Road Corridor will not exceed 25 including no more than two loads measuring 24 feet wide over the course of the construction phase of the ATST project. AURA/NSO will ensure that the extremely wide loads will not exceed the clearances along the Park Road Corridor and that the vehicles transporting such extremely wide loads will avoid driving on the edges of the road. iii. Reaffirmation of Commitment to Reimburse for Damage to Historic Features AURA/NSO hereby reaffirms its commitment set forth in Stipulation III. H. of the 2009 ATST PA to reimburse the NPS, pursuant to the terms of the SUP, for any expenditure required for repairing damage to historic features within the Park Road Corridor, if such damage results from construction-related traffic associated with the ATST Project. iv. Clarification of Data Tracking NSF and AURA/NSO hereby clarify that the number of trucks that traverse the Park Road Corridor shall be included as relevant information to be made available to the public under Stipulation II. O. of the 2009 ATST PA. All other stipulations agreed to within the 2009 ATST PA shall remain in force. 3

8 Exhibit B Best Management Practices Excerpted from the University of Hawai i Institute for Astronomy, Haleakalā High Altitude Observatory Site Haleakalā, Maui, Hawai i Management Plan, Pu`u Kolekole, Makawao, Maui, TMK (2) :008

9 [PREVIOUS TEXT OMITTED] Cultural and Historic Preservation Management Workers at HO need to be culturally sensitive to the fact that they are in a place considered sacred by Native Hawaiians. As the responsible agency, IfA is committed to preserving the cultural resources at the site and has sought advice from the Native Hawaiian community on Maui concerning the best methods to achieve that objective. One outcome of those consultations and the cultural resource evaluations of HO is that the IfA has implemented policies and practices for the long-term preservation of archeological and cultural resources within HO, based on recommendations in the Cultural Resources Assessment, the SCIA, and by interested agencies and the Maui community. Compliance with the IfA policy for the preservation of cultural resources is defined as follows: 1. The sign at the entrance to HO states that Native Hawaiians are welcome to practice traditional cultural practices within the HO property. 2. All contractors and personnel working within HO must receive IfA-approved environmental and cultural training before beginning work. Training programs explain and amplify the requirements applicable to all construction projects within HO boundaries. For environmental protection and preservation of cultural and historic resources, the requirements to protect these resources are as follows: a. Any construction within HO requiring a permit from DLNR requires the consultation and monitoring of a Cultural Specialist. This person will be engaged at the earliest stages of the planning process, will monitor the construction process, and will consult with and advise the onsite project manager about any cultural or spiritual concerns. For the purposes of this section, a Cultural Specialist must be a Native Hawaiian, preferably a kupuna (elder) and a Kahu (clergyman, caretaker), and one who has personal knowledge of the spiritual and cultural significance and protocol of Haleakalā. b. All cultural and archeological sites and features identified in the Archeological Inventory Surveys should be protected and preserved in accordance with HAR, Title 13, Subtitle 13, Chapter 277, Rules Governing Requirements for Archeological Site Preservation Development. Protection should include the establishment of clearly marked buffer zones and periodic monitoring by both the project archeologist and cultural specialist throughout any construction. c. All construction crewmembers shall attend IfA-approved Sense of Place training before working at projects within HO. d. All permanent employees working at HO shall attend IfA-approved Sense of Place training before working at HO facilities. The requirements specified above apply to and must be included in all land use-related memoranda, facility use agreements, operating and site development agreements and leases. Additionally, the area consisting of approximately 24,000 square feet (0.55 acre) and located southwest of the MSSC, as further identified and more particularly described as Area A (see Fig. 2-2), will be set aside in perpetuity for the sole reverent use of the Native Hawaiians for religious and cultural purposes, with the understanding that such use will not interfere with other uses and activities within HO. 1

10 A preservation plan for archeological sites contained within HO was submitted to IfA with the 2006 archeological inventory survey (Xamanek Researches 2006) to ensure protection of the archeological resources at the site. The preservation plan had been coordinated with and approved by the SHPD, in accordance with HAR 13 Subtitle 6, Chapter 148 (DLNR 2006). This preservation plan has been adopted by the IfA to protect those resources. In summary, a total of 11 sites are involved in the preservation plan. The majority of sites and features are wind shelters, along with two petroglyph images, a possible burial, and two possible ceremonial platforms. Passive as-is preservation has been adopted for these sites, except for the remnants of Reber Circle. There is no signage proposed for any of these sites, in order to prevent unwanted attention and potential adverse impacts. 2

Bureau of Land Management is the lead federal agency (available online at:

Bureau of Land Management is the lead federal agency (available online at: PROGRAMMATIC AGREEMENT AMONG THE BUREAU OF LAND MANAGEMENT, THE OFFICE OF HISTORIC PRESERVATION, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION, REGARDING RENEWABLE ENERGY DEVELOPMENT ON A PORTION OF