OHA says septic project at Nawi out of compliance after iwi kupuna found; SHPD sets revised burial plan deadline

Office of Hawaiian Affairs trustees were updated July 15 on ongoing efforts to protect iwi kupuna discovered at a wastewater/septic upgrade site at Nawi after OHA raised concerns with state agencies and called for stronger burial protections.

Stacy Ferrer, Kapohana (OHA administration), told trustees OHA first questioned the State Historic Preservation Division’s protocols when the remains were discovered and met with the Department of Health on Oct. 23, 2024 to press for a stop‑work order; Ferrer said a stop‑work order was issued within hours of that meeting. OHA then met with the Department of Land and Natural Resources and with county officials and convened community meetings to press for improved consultation and protections.

“After reviewing the files, OHA compliance issued a letter on Jan. 15, 2025 stating that the septic system was too close to the iwi kupuna and called for a project redesign,” Ferrer said. Ferrer reported that SHPD issued a formal letter on July 2 declaring the project out of compliance with state law and that a revised burial‑site protection plan was due July 15; Ferrer said SHPD warned it could seek an injunction if “Septic Tank Number 2” is activated before redesign.

Ferrer described ongoing gaps OHA identified in the burial‑site component protection plan, including consultation records and long‑term protection measures, and said OHA gained access to archaeological monitoring logs and project files when pressing SHPD for records. She said OHA formally submitted comments on the draft plan in January and continued meetings with SHPD and DOH through 2024 and early 2025.

Agency roles and next steps are in flux: Ferrer said DOH and county officials acknowledged permitting weaknesses and the county revised its permitting process to require cesspool conversion projects to comply with HRS 6E review and to require owner attestations about impacts to Native Hawaiian resources. Ferrer said OHA will continue to monitor the project, coordinate with SHPD, DOH, DLNR and the Kauai community, and pursue legal options if necessary.

Trustees and public commenters at the meeting urged clearer, faster communication with descendants and community members and asked OHA to keep the public informed of enforcement steps and outcomes.

The meeting record shows OHA has already sent formal letters and comments and that SHPD’s out‑of‑compliance finding and the July 15 revised plan deadline are the most recent formal milestones.

Ending: OHA staff said they will continue monitoring and that the agency will work with SHPD and county authorities to secure a redesign and additional protections for the iwi kupuna while keeping the community advised.