1200 New Jersey Avenue. SE

Washington, DC 20590

In Reply Refer to: HCR-20 

DOT# 20 I9-0333 NOV 1 2 2019 

Subject: DismissaJ ofComplaint DOT# 2019-03 3 3 1 

Dear

This letter is to inform you that the Federal Highway Administration (FHW A) Office of Civil 

Rights has determined that it will dismiss the above complaint, which alleges violations that may 

be related to Title VI ofthe Civil Rights Act of 1964, the U.S. Department ofTransportation 

(USDOT) Title VI implementation regulations at 49 C.F.R. Part 21 and/or FHWA's Title VI 

regulations at 23 C.F.R. Part 200 (hereinafter Title VI). Title VI prohibits discrimination on the 

basis of race, color, or national origin in programs and activities receiving Federal financiaJ 

assistance. 

To be accepted for investigation, a complaint must meet the jurisdictional requirements provided 

by 49 C.F.R. § 21.11 , as well as the legal standards discussed in the U.S. Department of Justice 

Title VI Legal Manual. First, complaints must be filed within 180 calendar days ofthe alleged 

discriminatory act, unless the time for filing is extended by FHW A. Second, the matters must 

concern recipients offederal financial assistance for a program or programs authorized under a 

law administered by FHW A. Finally, the complaint must describe an alleged discriminatory act 

or acts that, if true, would fall under FHWA 's jurisdiction and potentially violate FHW A's Title 

VJ regulations. 

You allege that the Hawaii Department ofTransportation (HDOT) discriminated against the 

predominantly minority residents of Kealia Town Tract when it informed the property developer 

in a December 2017 letter that HDOT would not permit direct access to Kuhio Highway from the 

proposed development. The HDOT determination was incorporated into a Final Environmental 

Impact Statement (FEIS; as required by Hawaii Revised Statutes, Chapter 343) for the Kealia 

Mauka Homesites project (Project) that was approved by the State of Hawai'i Land Use 

Commission in August 2019. The Project was initiated by Kealia Properties, LLC, which 

proposes a residential subdivision on 53.4 acres with 235 lots at Kealia, Kaua'i, adjacent to the 

Kealia Town Tract area. You allege the Project will create a disparate impact on Kealia Town 

Tract residents because the new development will create additional traffic on Kealia Road, which 

connects the Kealia Town Tract and the future Kealia Mauka Homesites development to Kuhio 

Highway. In contrast, you allege the Kealia Kai area, east of Kuhio Highway, was granted three 

highway access points in the past by HOOT. ln your complaint, you stated that 20% ofthe 

1 This letter is an corrected copy of FHWA's November 8, 2019 letter, which included carbon copies to FHWA 

Florida Division personnel. 
Kealia Kai homes are owned by corporations and that they are valued 9 to 10 times higher than 

the homes in Kealia Town Tract. Finally, you allege that HDOT did not adequately engage the 

Kealia Town Tract residents regarding its decisions. 

After careful consideration, FHW A has determined the allegations and facts in your complaint 

do not meet the minimum criteria under which FHW A could establish a case of disparate impact 

under Title VI. The available information is insufficient to show that populations in the Project 

vicinity, distinguishable by race, color, or national origin, will be-or have been�isparately 

impacted either by the Project or due to prior HDOT decisions regarding access to Kuhio 

Highway compared to any other distinguishable population. For this reason, the complaint will 

be dismissed by FHW A and closed with no further action. 

If you have any questions, please contact Nichole McWhorter at (202) 366-1396. 

Sincerely, 

Nichole Mc Whorter 

Title VI Team Leader 

Office of Civil Rights 

cc: Ralph Rizzo, Division Administrator, FHW A HI Division Office 

Richelle Takara, Assistant Division Administrator, FHW A HI Division Office 

Adriana Windham, Civil Rights Program Manager, FHW A HJ Division Office 

Jim Esselman, Senior Attorney-Advisor, FHW A Office of Chief Counsel 

Yvette Rivera, Associate Director, Equal Employment Opportunity Programs Division, 

Departmental Office of Civil Rights 

Kevin Resler, National Title VI Program Coordinator, FHW A Office of Civil Rights 

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