State investigation continues into uncovered human burials at Wainiha property

A wastewater project that uncovered human burials during a propertyʻs septic installation in Wainiha remains on hold while state agencies continue to investigate. 

Controversy began last month when Native Hawaiian community members protested at the property at 4400 Oneone Road in Wainiha due to concerns of potential desecration of iwi kupuna (ancestral remains).

The order to stop all work followed the arrest of three people that were part of a group that had occupied the property for days in protest. At least eight burials have been found at the property between June and September, according to the Office of Hawaiian Affairs.

The state Department of Health in a letter dated Oct. 23 asked property owner Chris Arreguin to stop work on the parcels during the investigation by the State Historic Preservation Division. 

Arreguin, and his wife Jennifer, had purchased the Hanalei Bay property in 2021 and were renting four cottages under the name of Hale Makai Cottages. It was not until after they obtained permits to renovate their property that they became aware they were also required to replace their cesspools, according to Civil Beat. 

In separate responses earlier this week, both the state Department of Health and the state Department of Land and Natural Resources said they were continuing to work with the community and property owner to address concerns and work toward a solution.

The stop work order will remain in effect at least until the Historic Preservation Division conducts its investigation “to determine the appropriate treatment of the remains” according to Hawaiʻi Revised Statutes Chapter 6E-43.6 subsection (c)(2), which deals with the inadvertent discovery of burial sites, said Department of Health representative Kristen Wong in an email earlier this week.

According to the subsection, within three working days of the discovery of remains, the state is required to gather information, including oral tradition, to document the nature of the burial context and determine the appropriate treatment for the remains.

“Members of the appropriate council shall be allowed to oversee the on-site examination and, if warranted, removal,” it states.

A later subsection states the property owner or developer is responsible for the execution of the mitigation plan developed by the department, including the relocation of remains.

“Project activities shall resume once necessary archaeological excavations provided in the mitigation plan have been completed,” according to the subsection.

However, the state Department of Land and Natural Resources and Department of Health have not yet provided a plan for the remains or the development project. 

Representatives for both departments said the State Historic Preservation Division consultation is ongoing, and that the landowner continues to cooperate with the investigation. 

The state is mandating that all of its 88,000 cesspools be converted to septic by 2050 under Act 124, established in 2017. On the Garden Isle, roughly 13,700 cesspools need to be replaced. The issue has come with logistical challenges for residents, including the possibility of inadvertently uncovering iwi kupuna. 

“It’s hard to speculate at this point as to how frequently or commonly this issue will happen,” said an email from communications specialist Ryan Aguilar, who was responding for the Historic Preservation Division.

The Department of Health is also working to improve its application process to more proactively identify project site locations that should be referred to the State Historic Preservation Division for their review, Kristen Wong said in an email.

“The Department of Health also supports county efforts to expand access for sewer connections,” she added. 

North Shore resident Megan Wong, a descendant of Naue burials, could not be reached for an interview this week, but in a press release late last month, she had called the stop work order a relief.

“We now look to the State Historic Preservation Division to weigh in with descendants and preserve the remains of our ancestors in place without threat of further desecration so that they can rest in peace and dignity,” she said in a written response. 

Other advocates attributed the stop work order to community advocacy, thanking those who had called and emailed the Department of Health, as well as support from the Office of Hawaiian Affairs. Both departments were thanked for “hearing the community and taking action.” 

Neither department provided information about when the investigation would be completed, but the stop work order is set to remain in effect until the State Historic Preservation Division has put in writing that the project is in compliance with Hawai’i law.