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PD BACKGROUND REPORT (PL-SMA-2022-017)
BGMeneghetti_AJR 7/22/2022 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JOHN AND SHELLI MENEGHETTI SPECIAL MANAGEMENT AREA USE PERNHT APPLICATION (PL-SMA-2022-000017) JOHN AND SHELLI MENEGHETTI have submitted an application for a Special Management Area (SMA) Use Permit to construct a two-story, 4,798 square foot, 5-bedroom, 4.5-bath single-family residence and related improvements which include a swimming pool, garage, and lanai, on a 0.38-acre parcel situated within the SMA. The subject property is located within the Lanihau Point Subdivision of Kona Bay Estates at 75-5434 Kona Bay Drive, approximately 0.7 miles from Kona Bay Drive's intersection with Kuakini Highway, por. of Kailua Airport, North Kona District, Hawaii, TMK: (3) 7-5-005:095. PROPOSED DEVELOPMENT 1. Request: The applicant seeks a SMA Use Permit to build a single-family residence on a 0.38-acre shoreline property located within the Lanihau Point Subdivision of Kona Bay Estates in the Special Management Area (SMA). The two-story home would have 3,017 square feet(sf) of interior space, with 5 bedrooms and 4.5 baths, and various other rooms. Together with the attached garage, a lanai, a swimming pool (56 feet x 8 feet on the makai side of dwelling), and other features such as a landscaping just mauka of the public access wall in the shoreline setback area, the total development area for the residence is 4,798 sf. The home will be connected to existing utility lines already established within the Kona Bay Estates Subdivision. 2. Project Objectives: The purpose of the project is to construct a single-family residence on the subject parcel for personal use. 3. Cost/Time of Project: The current estimated cost of the improvements is $1,700,000. The project would initiate after completion of the final design and the granting of all necessary permits. 4. Landowner: Meneghetti Revocable Trust. -1- 5. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — SMA Use Permit Application dated May 20, 2022). BACKGROUND INFORMATION 6. Special Management Area (SMA): On July 25, 1985, Special Management Area (SMA) Minor Use Permit No. 85-33 was approved for the subdivision of an 81,070 square foot area into four (4) lots with related roadway and utility improvements. The approved subdivision includes the subject parcel. On September 4, 1992, the subject property received approval under SMA Minor Use Permit No. 92-08 to allow the construction of an array of stone walls along portions of the boundaries and interiors of the parcels created under SMM-85-33 mentioned above. This included the pedestrian public access wall located on the makai side of the subject parcel. Staff notes that the Kona Bay Estates Subdivision was granted final subdivision approval by the County on April 23, 1951. 7. Chapter 343, HRS (Environmental Review): The proposed improvements are not subject to the requirements of Chapter 343, Hawaii Revised Statutes, regarding Environmental Impact Statements because the proposed project has no trigger to require an EVEIS. STATE AND COUNTY PLANS 8. State Land Use Designation: Urban 9. General Plan LUPAG MAP: Open (ope). 10. County Zoning: Single-family residential — 15,000 sq. ft. (RS-15) 11. Kona Community Development Plan (KCDP): The Kona Community Development Plan was adopted by the Hawaii County Council by Ordinance No. 18-131 on September 25, 2008. 12. Special Management Area (SMA): The entire project area is located within the Special Management Area (SMA) as well as located within the "shoreline area" as defined by section 205A-41, Hawaii Revised Statutes (HRS). The applicant received a shoreline certification from the Department of Land and Natural Resources which delineated the -2- shoreline as of August 3, 2021 (Planning Department Exhibit 2 — Shoreline Certification Dated August 3,2021). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Subject Property: The subject parcel is relatively level due to extensive grading associated with the development of the subdivision and the construction of low rock walls along the property boundaries. The surface of the property consists of thin soil accumulation, with sand, coral, marine shell, cobbles, and exposed bedrock outcrops within portions of the buildable area. No vegetation is present on the parcel. Modern rock walls are present along the northern, eastern, and western boundaries of the parcel that were built to delineate parcel lines for the Kona Bay Estates Subdivision. There is a concrete "sidewalk" (rock wall) within a 4-ft. wide easement for public shoreline access. Additionally, Kona Bay Drive extends through the subject parcel within the mauka-side road and utility easement. The subject property is located west of the Old Kona Airport State Recreation Area within a previously developed, gated subdivision within the Kona Bay Estates in Kailua-Kona. The property is bounded to the west by a developed residential parcel, to the north by Kona Bay Drive, to the east by an undeveloped residential parcel and to the south by a low pahoehoe rock shoreline bench and the ocean. 14. Surrounding Land Zoning/Uses: The subject parcel is bounded to the east and west by similarly sized and RS-15 zoned parcels in the Kona Bay Estates subdivision, to the south by the coastline, and to the north by Kona Bay Drive and the Old Kona Airport State Recreation Area (zoned limited industrial; ML-20). 15. Soil Type: The ground surface in this area consists of a thin soil layer, predominately accumulated via previous clearing and grading of the parcel. The soil designation for this area is "Lava Flows (2-20% Slope)" which indicates little soil development and little vegetative cover. 16. Land Study Bureau's Detailed Land Classification System: The project site is listed as unclassified. 17. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The project site is listed as "unclassified" on the ALISH Map. 18. Flood Insurance Rate Map (FIRM): The subject property is designated as Zone D and -3- Zone AE (with a base flood elevation of 10 feet) on the Flood Insurance Rate Maps (FIRM). All development and habitable structures will occur within the Zone D portion, above 10 feet in elevation. 19. Flora/Fauna Resources: Due to the project sites previous grading and clearing activities there is no vegetation observed or located within the proposed building area. The only vegetation present within the project area is a maintained hedge of naupaka (Scaevola sericea) located to the west (makai) of the public access sidewalk, outside the building area of the parcel. No rare, threatened, or endangered plant species are present on site. Additionally, due to the lack of available floral resources as well as limited soil formation, the only fauna likely to be on the project site are non-native birds such as Japanese White-eye (Zosterops japonicus) and Mynah (Acridotheres tristis) and the alien mammal mongoose (Herpestes auropunctatus), along with domestic cats and dogs. Common native waterbirds such as ulili (Heteroscelus incanus) and kolea (Pluvialis fulva) utilize the rocky shelf and tidepools makai of the project site. In terms of conservation value, however, no valuable bird habitat is present on the project site itself due to the lack of any suitable habitat. The applicant did indicate that the ocean area located makai of the project parcel is considered a Marine Life Conservation District. 20. Archaeological Resources: The applicant stated that an Archeological Inventory Survey (AIS) was completed and approved prior to the previous subdivision (SMM-85-33) and grading for rock wall construction (SMM-92-08), and as such no sites appear to be present on the surface. The area of the proposed residence has been excavated previously, and no evidence of historic properties was revealed. The applicant has included a letter in the application to the State Historic Preservation Division (SHPD) stating that the project, as proposed, will have "no effect on historic properties". 21. Cultural/Historic Resources: At the request of the applicant, a Cultural Analysis (CA) of the 0.38-acre parcel was conducted by ASM Affiliates in April 2022. The analysis found that the entire parcel had been mechanically cleared and a recent stone wall had been constructed along the boundaries of the property. The ground surface consisted of thin soil accumulations, sand, coral, marine shell, small to medium-sized cobbles, and exposed bedrock in the undisturbed areas. A paved public shoreline sidewalk (rock wall) -4- was also observed along the western edge of the property's makai boundary that provided public shoreline access along the makai side of the Kona Bay Estates subdivision; this is a segment of the historic ala loa trail. No cultural material or archaeological features were identified within the project area and there will be no impacts, changes, or closure of the ala loa segment that runs on the makai side of the subject parcel. During the study, persons were observed fishing from the coastline, however, they were located outside of the project area. 22. Scenic and Open Space Resources: The proposed project site is minimally visible from the vantage point of the public roadway (Kuakini Highway), which looks through the Outdoor Hockey Rink at Old Airport State Recreation Area as well as tall trees beyond it. The proposed project will not impact scenic or open space resources in accordance with Rule 9, in that the project site is approximately 3,600-feet from Queen Ka`ahumanu Highway. Open space resources include public shoreline access and fishing along the shoreline, both of which will continue unchanged during construction and use of the site for a residence. 23. Public Access and Recreational Resources: An existing four (4) foot wide easement for public access is located on the makai side of the property and connects the Kona Bay Estates to the beach adjacent to the subdivision and the Old Kona Airport State Recreation Area; this is a segment of the historic ala loa trail that runs along the Kona coast. Existing public access includes three (3) shoreline access points in Lanihau and Kona Bay Estates. The access points are directed to "Keiki Pond," a large tidal pool, as well as a paved walking path along the shoreline which is the ala loa segment. The paved walking path stretches from the Keiki Pond to the Old Airport State Recreation Area, extending through the makai-side of the subject parcel. The shoreline is characterized by lava rock, tidal pools, and some white sand. The shoreline is frequented by fishers, swimmers, sunbathers, and hikers. Kona Bay Estates is a private community, but public access to the shoreline is directed through the makai-side of a public baseball and football field north of the subject parcel. The nearest public access from the subject parcel to the walking path in Kona Bay Estates is available via a mauka-makai shoreline access point nine (9)parcels east of the subject parcel. Additionally, mauka-makai public access to the -5- walking path is available from the Old Airport State Recreation Area one parcel west of the subject parcel. PUBLIC UTILITIES AND SERVICES 24. Access: The subject parcel is accessible via Kona Bay Drive, a partially private road, which begins at Kuakini Hwy and terminates in front of the subject parcel, a length of approximately .7 mile. The roadway easement of Kona Bay Drive is typically 30 feet in width, with an asphalt road that is 18 feet in width and well maintained. The subject parcel is the second to last residential parcel in the Kona Bay Estates along Kona Bay Drive. The subject parcel has a roadway and utility easement that is 53 feet in width. Kona Bay Drive becomes a private road at the entrance to the Kona Bay Estates subdivision. The entrance to the Kona Bay Estates has a gatehouse and attendant. 25. Water: According to the Department of Water Supply there is one (1) existing 5/8-inch water meter assigned to the subject parcel. One (1) unit of water allows for an average daily usage of 400 gallons which is suitable for one (1) single-family dwelling. 26. Wastewater: Municipal wastewater service is provided to the property via existing utility connections. The Department of Environmental Management (DEM) is requiring that the proposed structure connect to the public sewer in accordance with Section 21-5 of the Hawai`i County Code. 27. Other Essential Utilities and Services: Electric (HELCO) and telephone service will be connected via existing utility lines located within the Kona Bay Estates utility easement. AGENCIES' COMMENTS 28. Department of Public Works - Engineering: (Planning Department Exhibit 3 —July 13, 2022, Memo). 29. State Department of Health: (Planning Department Exhibit 4 — June 30, 2022, Memo). 30. Department of Environmental Management: (Planning Department Exhibit 5 — June 30, 2022, Memo). 31. Department of Land and Natural Resources — Engineering: (Planning Department Exhibit 6—June 14, 2022, Memo) -6- 32. Department of Land and Natural Resources — Div. of Forestry and Wildlife (DOFAW): (Planning Department Exhibit 7—July 5,2022,Memo). 33. State Office of Planning and Sustainable Development (OPSD): (Planning Department Exhibit 8—July 14, 2022, Letter). 34. Department of Water Supply (DWS): (Planning Department Exhibit 9 — July 21, 2022, Memo). AGENCIES -NO COMMENT 35. County of Hawaii Police Dept.; County of Hawaii Fire Dept.; Department of Land and Natural Resources- Land Division and Office of Conservation and Coastal Lands. AGENCIES - NO RESPONSE Department of Land and Natural Resources—Division of State Parks and Commission on Water Resource Management; Hawaii State Department of Transportation. APPLICANT RESPONSE TO AGENCIES' COMMENTS 36. Applicant Response to Agency Comments: (Planning Department Exhibit 10 —July 26, 2022, Letter). PUBLIC COMMENTS 37. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. -7- DocuSign Fnvelope ID;65612940-F635,44FA-A292-45F718A82A90 SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: John & Shelli Meneghetti APPLICANT'S SIGNATURE:_' �°w C,.. _ DATE:5/20/2022 ADDRESS: 75-5434 Kona Bay Drive Kailua-Kona, Hl 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808)896-9748 (Res.) (Fax) LANDOWNER(S): The Meneghetti Revocable Trust LANDOWNER SIGNATURE(S):E ":E� C�`,�'"`' `' DATE:5I2612022 LANDOWNER(S) ADDRESS:3621 Divisade(meA`�re`e�' San Francisco, CA 94123 REQUEST: New construction of a single-family residence TAX MAI' KEY:(3)7-5-005-095-0000 ZONING: RS-1 CJ SIZE OF PROPERTY OR AFFECTED AREA(S): 16,626 SF AGENT: Winton Nicholson, Nicholson LLC ADDRESs. 75-118 Lunapule Road Kailua-Kona, Hl 96740 TELEPHONE:(Bus.)_{808}331-1511 (Res.) (Fax) Please indicate to whom original correspondence and copies should be seat. ORIGINAL: John & Shelli Meneghetti COPIES: Winton Nicholson, Nicholson LLC Planning Dept. Exhibit 1 May 20,2022 SMA Major Use Permit Application,Background information,TMK:(3)7-5-005:095 Page 1 of Special Management Area Major Use Permit Application Background Information on the Subject Request Applicant: John and Shelli Meneghetti, Meneghetti Trust TMK: (3)7-5-005:095 A. Detailed written description of the proposed project and a statement of objectives and reasons for the request. Description of Proposed Project The applicants,John and Shelli Meneghetti of the Meneghetti Trust, are submitting an application for a Special Management Area Use Pennit to construct a two-story,4,798 square foot,5 bedroo>n,4.5 bath single-family residence and related improvements which include a swimming pool,garage,and lanai on a 0.38-acre parcel situated within the SMA.The subject property is located within the Lanihau Point Subdivision of Kona Bay Estates at 75-5434 Kona Bay Drive,approximately .7 miles from Kona Say Drive's intersection with Kuakini Hwy in North Kona,TMK: (3)7-5-005:095. Statement of Obiectives and Reason for Request 1. Request: The Meneghetti Trust seeks a SMA Use Permit to build a single-family residence on a 0.38-acre shoreline property located within the Lanihau Point Subdivision of Kona Bay Estates in Kailua-Kana on the Island of Hawai'i. The two-story home would have 3,107 square feet(sf) of interior space,with 5 bedrooms and 4.5 baths,and various other rooms.Together with the garage, a lanai,and a swimming pool,the Total Development Area for the residence is 4,798 sf. The home will be connected to existing utility lines already established within Kona Bay Estates subdivision. 2. Project Objective: The purpose of the project is to construct a single-family residence on the subject parcel for personal use. 3. Cost/Time of Project: The current estimated cost of the improvements is$1,700,000.The project would initiate after completion of the final design and the granting of all necessary permits. 4. Landowner: Meneghetti Trust May 20,2022 SMA Major Use Permit Application,Background information,TMi :(3)7-5405:095 Page 2 of 9 B. Description of the subject property in sufficient detail to precisely locate the property. Describe existing uses,structures, and topography. Description of Subject Property The subject property is along the shoreline in Lanihau Point and Kona Bay Estates in Kailua-Kona on the Island of Hawai'i. It is located west of the Old Kona Airport State Recreation Area within a previously developed,gated subdivision on the coast of Kailua Bay. It is a part of the Regional Center, Urban Core per the Kona Community Development Plan and is zoned Residential Single Family, 15,000 square feet (RS-15)by the County of Hawai'i. The parcel is identified as TMK. 3-7-5-005-095-0000, also known as Lot 3 of the Lanihau Point subdivision,Lanihau 2"Ahupua'a,North Kona District,Island of Hawai'i. Existing Uses The subject parcel is bounded to the west by a developed residential parcel, to the north by Kona Bay Drive,to the east by an undeveloped(but previously graded)residential parcel,and to the south by an undeveloped strip ofpahoehoe coastline that fronts the Kona Bay Estates subdivision at the coast. A 4ft wide easement for public shoreline access is located at the makai side of the lot and connects Lanihau and Kona Bay Estates to the beach adjacent to the subdivision,Old Kona Airport State Recreation Area. An additional easement exists on the mauka side of the lot for road and utility purposes. Kona Bay Drive extends through this easement.The proposed development will not suspend or effect public shoreline access or traffic at Kona Bay Drive,the private thoroughfare. Existing Structures Modern rock walls exist on site,present along the northern,eastern, and western boundaries of the parcel, built to delineate parcel lines for the Kona Bay Estates subdivision.There is a concrete sidewalk within a 4ft wide easement for public shoreline access.Additionally,Kona Bay Drive extends through the subject property within the mauka-side road and utility easement. Existing Topography The property is relatively level since extensive grading has already occurred on the property during the preparation for the Kona Bay Estates subdivision. The surface of the subject property is relatively flat, consisting of thin soil accumulations, sand,coral, marine shell,small to medium-sized cobbles,and exposed bedrock within some portions of the buildable area.The change in elevation from the highest to lowest point within the buildable area is 9 inches.No vegetation is present within the buildable area of the subject parcel. May 20,2022 SMA Major Use Permit Application,Background information,TMK:(3)7-54)05:095 Page 3 of C. A statement of the valuation of the proposed use, activity, or operation. The valuation of the proposed development,the new construction of a single-family residence and a pool is $1,700,000. D. State/County Plans affecting the subject request: General Plan designation and Community Development Plans. State Land Use Commission The property is situated within the State Land Use"Urban"zone district. The Urban Zone generally includes lands characterized by"city-like"concentrations of people,structures,and services. The subject property is a graded lot within the existing neighborhood of Kona Bay Estate subdivision.There are 36 existing residences apart of this neighborhood.It is a concentrated area of development adjacent to the center of town. It is a 20-minute walk or a 5-minute drive from the subject parcel to the Kailua Pier.The proposed project is consisted with the"Urban"designation regulations. County Zoning The parcel is zoned Residential Single Family, 15,000 square feet(RS-15) by the County of Hawai'i, RS- 15 is defined as a Single-Family Residential District where the minimum building site area is 15,000 square feet.The subject parcel has a building site of 16,626 square feet. The proposed single-family residence,adhering to its applicable building and shoreline setbacks, is consistent with the lot's designated zoning. The proposed development will not create greater density than the zoning intends. Hawaii County General Plan The Hawaii County General Plan contains goals,policies,and standards as well as the Land Use Pattern Allocation Guide(LUPAG)Map. On the current LUPAG map that depicts the long-term land uses for the islands,the subject parcel is designated as Open (ape). Within the 2005 Hawaii General Plan,Open Land Use is defined as"parks and other recreational areas,historic sites, and open shoreline areas."This designation is consistent with the existing development of Kona Bay Estates as the development is oriented towards public recreation and use. A makai-side easement extents along the lots of all shoreline residences,connecting pedestrians from the Keiki Ponds to the Old Airport Recreation Area.The path is frequented by tourists and locals as a thoroughfare,but it is also used as a public place to stop and observe the tidal pools, and fish from the coastline(outside of the project area). May 20,2022 SMA Major Use Permit Application,Background information,TMK:(3)7-54)05:095 Page 4 of In keeping with the other established residences of the Kona Bay Estates,the proposed new development is designed around the public connection to the shoreline and will not hinder access to it.The shoreline access path within the 4ft makai-side easement will remain open and accessible during the entirety of construction and afterwards. The goals for Open Land Use spaces are to"provide and protect open space for the social,environmental, and economic well-being of the County of Hawaii and its residents"as well as to"protect designated natural areas."The proposed development is in keeping with these goals as it provides designated access for the public to connect with the coastline in a way that manages engagement and protects the natural environs. Community Development Plans—North Kona The subject parcel is located in North Kona.The Community Development Plans for the area of North Kona are as follows,"Preserving the diverse coastlines,protected nearshore waters, open space,and vast untouched upland landscapes."In addition,one of the guiding principles of the Kona Community Guidelines are to"Direct future growth patterns toward compact villages,preserving Kona's rural, diverse,and historical character." The proposed development is in accordance with these Community Development Plans as it occurs within a designated,subdivided lot,between already existing single-family residences. It does not disrupt untouched landscapes.No part of the development is proposed within the shoreline setback,preserving the coastline. The proposed development also preserves recreational access to the shoreline via the shoreline pedestrian path. It supports the vision of the Community Development Plan to establish an Open Space Network Programa to guide the provision of opportunities for subsistence activities,recreational activities,and educational activities. The proposed development with its shoreline path connects the Keiki Ponds to the Old Airport State Recreation Area,establishing a network of open spaces that engage the public with all the above listed opportunities.The path is used Frequently and celebrates how the urban nature of Kailua Village can engage Hawaii's natural areas in a way that is delineated to prevent harm to the environs. May 20,2022 SMA Major Use Permit Application,Background information,TMC:(3)7-54)05:095 Page 5 of E. A written statement discussing the proposed development in relationship to the objectives and policies as provided by Chapter 205A, HRS, and the Special Management Area guidelines as contained herein. The subject property is located within the Special Management Area(SMA). The proposed land use complies with provisions and guidelines contained in Chapter 205A,Hawai'i Revised Statutes(HRS), entitled Coastal Zone Management_The proposed use would be consistent with Chapter 205A because it would not affect historic resources, scenic and open space resources, coastal ecosystems,economic uses, coastal hazards,or public access to recreational areas as, summarized below. 1. Recreational Resources: the subject property is a coastal parcel situated between roughly 9 and 11 feet above mean sea level.The site is proposed to be a private residence that will not be considered a recreational resource.The existing shoreline walking path makai of the proposed residence will remain open during and after construction.Hikers,sunbathers, or fishers who utilize the shoreline and the shoreline path makai of the site will be able to continue their use of the area.The proposed development would not in any manner affect the recreational resources of the area. 2. Historic Resources: An archaeological inventory survey of the project site was completed prior to subdivision and grading,and no sites appear to be present on the surface.The area of development proposed was already excavated once,and there was no evidence of historic properties.Please see the attached letter request for a State Historic Preservation Division determination of"no historic properties affected"associated with the proposed development. The site is not used for gathering,ceremonial or other cultural purposes by native Hawaiians,and therefore there appears to be no potential for cultural impact. Cultural practices in the area include fishing and gathering of inarine resources in the shoreline area makai of the subject property. These practices would not be constrained by the construction of the new residence. 3. Scenic and Open Space Resources: The guidelines contained in Rule 9 of the Hawai'i County Planning Commission Rules (which govern the SMA)express the intent to minimize development that would"substantially interfere with or detract from the line of sight toward the sea from the State Highway nearest the coast or from other scenic areas identified in the General Plan."The proposed project site is minimally visible from the vantage point of the public way, which looks through the Outdoor Hockey Rink at Old Airport State Recreation Area as well as tall trees beyond it. The proposed project will not impact scenic or open space resources.The proposed use of a single-family residence is consistent with all other homes along this section of shoreline. May 20,2022 SMA Major Use Permit Application,Background Information,TMK:(3)7-54)05:095 Page 5 of 4. Coastal Ecosystems. The subject property abuts the shoreline. The design of the residence and the conditions of construction permits would minimize impacts to coastal resources.All mandated setbacks and government regulations related to runoff and nearshore waters will be adhered to. No threated or endangered animal or plant species are present. No adverse impact to flora,fauna, or ecosysterris would be expected to result from the proposed development or any activities associated with it. 5. Economic Uses:The proposed residence would have very little impact on the greater socioeconomic environment. The proposed action is in keeping with its zoning RS-15 by the County.This economic impact would be minor,given the context of this area of North Kona. b. Coastal Hazards: The subject property is designated as Zone D and Zone AE-10 on the Flood Insurance Rate Maps(FIRM).All development and habitable structures will occur within the Zone D portion,above IOft elevation. In the event of an occasional overtopping of the raised, makai shoreline path,that would flood the area of development,there may be some damage to the landscaping and residence confined by the raised path and modern rock walls,but serious adverse impact to water quality or coastal processes would not occur. F. Surrounding zoning and land uses. The surrounding area is characterized by single family residential structures within the Kona Bay Estates, also zoned RS-15.The shoreline neighborhood of Kona Bay Estates consists of 40 lots,34 of which have existing single-family residences.Adjacent to the subdivision is Old Kona Airport State Recreation Area, zoned as Limited Industrial District. The ocean off the coast of the shoreline is considered a Marine Life Conservation District. G. Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works— Engineering Division) The subject parcel is within Zone ❑ and Zone AE, Please see the attached FHAT Report showing FIRM designation. H. Archaeological Resources Please see the attached letter request for a State Historic Preservation Division determination of"no historic properties affected"associated with the proposed development.The request letter was prepared by Matthew R. Clark,M.A. of ASM Affiliates,dated May 1,2022. May 20,2022 SMA Major Use Permit Application,Background information,TMK:(3)7-5-M5-1095 Page 7 of 1. Floral and Faunal Resources Since the subject property has previously been graded and there is no vegetation within the building area, no floral resources will be affected by the proposed development.The only vegetation present within the project area is a maintained hedge of naupaka(Scaevola sericea) located to the west of the public access sidewalk.No rare,threatened,or endangered plant species are present on site. Animals likely to be on the project site are non-native birds such as Japanese White-eye(Zosterops japonicus)and Mynah(Acridotheres trisds)and the alien mann-nal mongoose(Herpestes auropunctatus), along with domestic cats and dogs. Common native waterbirds such as ulili(Heterosceha incanus)and kolea(Pluvialis,fulva)utilize the rocky shelf and tidepools makai of the project site. In terms of conservation value,however,no valuable bird habitat is present on the project site itself. The ocean off the coast of the shoreline is considered a Marine Life Conservation District. All runoff from the proposed development is to be contained on site.No adverse impacts to floral and faunal resources on the subject parcel and surrounding environment are anticipated. J. Valued Cultural Resources: Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. Please see Cultural Analysis study prepared by Lokelani Brandt,M.A. of ASM Affiliates attached,dated April 27,2022. K. Public Access: Existing public access to and along the shoreline or to mountain areas and knowledge of whether public access is being used. Existing public access to and along the shoreline is as follows:there are three shoreline access points in Lanihau and Kona Bay Estates,the subdivision of the subject parcel. The access points are directed to "Keiki Pond,"a large tidal pool,as well as a paved walking path along the shoreline.The paved walking path stretches from the Keiki Pond to the Old Airport State Recreation Area,extending through the rnakai-side of the subject parcel.The shoreline is characterized by lava rock,tidal pools, and some white sand. The shoreline is frequented by fishers, swimmers, sunbathers, and hikers. Kona Bay Estates is a private community,but public access to the shoreline is directed through the makai-side of a public baseball and football field north of the subject parcel. The nearest public access from the subject parcel to May 20,2022 SMA Major Use Permit Application,Background information,TMK:(3)7-54)05:095 Page 8 of the walking path in Kona Bay Estates is available via a shoreline access point nine parcels east of the subject parcel.Additionally,public access to the walking path is available from the Old Airport State Recreation Area one parcel west of the subject parcel.The shoreline access points and shoreline walking path will not be impacted by the proposed project. L. Description of access(es)to the area(e.g.width,type of surface and condition of roadway). If a private roadway, submit evidence of access rights. The subject parcel is accessible via Kona Bay Drive, a partially private road,which begins at Kuakini Hwy and terminates in front of the subject parcel, a length of approximately .7 mile. The roadway easement of Kona Bay Drive is typically 30ft in width,with an asphalt road that is 18ft in width and well maintained.The subject parcel is the second to last residence in the Kona Bay Estates along Kona Bay Drive. The subject parcel has a roadway and utility easement that is 53ft in width.The roadway is a double lane thoroughfare,with one lane going each direction.Kona Bay Drive becomes a private road at the entrance to the Kona Bay Estates subdivision. The entrance to the Kona Bay Estates has a gatehouse and attendant. Please see the evidence of access rights to Kona Bay Drive attached. K Traffic impacts—assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use(a formal study may be requested by Department of Public Works or Department of Transportation during the review process). The impact of the proposed development,a single-family dwelling,to traffic will be slight.The proposed development includes a two-car garage and one guest space.Kona Bay Drive is a private road.The road will not experience detrimental traffic impacts due to the addition of the proposed residence. Kona Bay Drive connects to Kuakini Highway which is a County Collector-Major of traffic. The proposed development,a single-family dwelling,will not attract a detrimental amount of traffic to environmentally sensitive areas that are not designed to support a greater frequency of visitors.The subject property is within the Kona Urban Area and is walkable to town as well. N. Availability of Utilities: Water, telephone,electricity,sewage disposal. Since the proposed development is part of a previously developed neighborhood,utility connections are already installed and established. Water,telephone,electricity,and sewage disposal connections are present on the project site and ready to be connected to the proposed residence. May 20,2022 SMA Major Use Permit Application,Background information,TMK:(3)7-54)05:095 Page 9 of ❑. In the case of an applicant whose proposed development has been assessed,any information as to the areas of critical concern delineated by the director. No critical areas of concern were noted by the director when the proposed development was reviewed for Special Management Area Assessment.The following two notes about SMA Determination were listed in the Planning Director's letter: Pursuant to Planning Commission Mule 9-4(r)relating to the Special Management Area: "Special Manag=ement Area Use Permit"means an action by the Commission authorizing development, the valuation of which exceeds$500,000 or which may have a cumulative impact, or a substantial adverse environmental effect on the Special Management Area. Additionally,pursuant to Planning Commission Rule 9-10{f}: The Director shall declare that a Special Management Area Use Permit is required if it is found that the proposed use, activity, or operation has a valuation in excess of$500,000 or may have a substantial adverse effect on the SMA. Should a determination be made that the proposed use, activity, of operation requires a Special Management Area Use Permit, the applicant shall submit such application in accordance with Section 9-11. The project valuation is$1,700,000,which exceeds $500,000,requiring the application of a Special Management Area Major Use Permit. The Planning Director did make a note of additional zoning considerations. In the initial submission of an SMA Assessment Application,the front yard setback was incorrectly marked from the property line,not the edge of the makai-side utility and access casement that serves the subject parcel and(3)other parcels. The front yard setback has been updated accordingly,measured from the easement boundary of Utility and Access Easement"I"rather than the property line. . - f 'Zi y _ ■ I 411 y� 4 _ V. � r ZDk=AC f J, r r` I w. BASEMAP: FIRM BASEMAP - •;;n• Flood Hazard Assessment Repott 1 www.hawaiinfp.org SPECIAL FLOOD HAZARD AREAS [SFHAs)SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance Rood(100- SMA Major year),also know as the base flood,is the flood that has a 1%chance of �$ -+! being equaled or exceeded in any given year.SFHAs include Zone A,AE, AH, AD,V,and VE.The Base Fiood Elevation(BFE)is the water surface elevation of the 1% annual chance flood. Mandatary flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII Ione A:No BFE determined. TMK NO: (3)7-5.005:095 Zone AE:BFE determined- WATERSHED: WAIAHA PARCELADDRESS: ADDRESS NOT DETERMINED Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); KAIWA KONA,HI 96740 BFE determined- Zone AO: Flood depths of 1 to 3 feet(usually sheet flaw on Flood Hazard Information sloping terrai n);ave rage dept hs determ in ed. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal Rood zone with velocity hazard(wave actions; LETTER OF MAP CHANGE(S); NONE no BFE determined- FEMA FIRM PANEL: 1551660719F Zone VE:Coastal flood zone with velocity hazard(wave a[t ons; BFE determined, PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: WS Rood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http:ffwww-scd-hawaii-govf but Coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Ione XS[K shaded):Areas of 0-2%annuaI chance flood;areas of FOR MORE INFO,VISIT:http:ffdInreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than I.foot or with drainage areas less than 1 square mile; and areas protected by Icvees from 1%annuaI chance flood. Ione X:Areas determined to be outside the 0.2%annual chance a 4.0 soft floodplain- Disclaimer:The Hawaii Department of Land and Natural Resources(DtrVR)assumes no responsibliity arising from OTHER FLOOD AREAS the use,accuracy,completeness,and timeliness of any information contained in this report. Viewers/Users are responsible far verifying the accuracy of the information and agree to indemnify the DLNR,its Officers,and employ- ees from any liobifity which may arise from its use of its data or infarmation. Zone D: Unstudied areas where Rood hazards are undeter- mined,but'Flooding is passible-No mandatory flood insurance If this map has been idenrified as'PRELIMINARY',please note thus it Is being provided for Informational purposes purchase apply,but coverage is available in participating rommu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. eons to be used for compliance with local floadplain management mgulations- May 20,2022 SMA Major Use Permit Application,Anticipated impacts,TMK:(3)7-5-005:095 Page 1 of Special Management Area Major Use Permit Application Anticipated Impacts of Subject Request on the SMA Applicant: John and Shelli Meneghetti, Meneghetti Trust TMK: (3)7-5-005:095 A. Description of environmental setting The subject parcel is located along the coastline of Kailua Bay within Lanihau 2nd Ahupua'a in the gated subdivision, Kona Bay Estates. The subject parcel is zoned Residential Single Family, 15,000 square feet (RS-15)by the County of Hawai'i. The parcel is designated as Open(ope)by the Hawai'i County General Plan Land Use Pattern Allocation Guide(LUPAG)Map and designated Urban by the State Land Use Commission.The proposed development of a single-family dwelling is consistent with the use and density of its zoning. The subject parcel is 0.38-acre,bounded to the west by a developed residential parcel,to the north by Kona Bay Drive,to the east by an undeveloped(but previously graded)residential parcel,and to the south by an undeveloped strip of pahoehoe coastline that fronts the Kona Bay Estates subdivision. The climate in this part of Kona is hot and dry, averaging between 20 and 30 inches of rain annually,with a mean annual temperature of approximately 76 degrees Fahrenheit. The subject parcel was previously mechanically cleared and modern stone walls were built at the front and sides of the parcel by the subdivision,Kona Bay Estates, to delineate lot lines.A 4ft wide easement for public shoreline access is located along the makai-side of the parcel with a concrete sidewalk connecting to the beach adjacent to the subdivision,Old Kona Airport State Recreation Area. The lot is relatively flat with elevations within the buildable area ranging between 9.7' and 10.45'. A mixture of sand and gravel sits atop the entirety of the site(typically less than 5cm thick)overlaying previously graded(bulldozer tracked)pahoehoe bedrock.The only vegetation present within the project area is a maintained hedge of naupaka(Scaevola sericea)located makai of the public access sidewalk. Beyond the public access sidewalk,makai and outside of the project area,the shoreline is characterized by lava rock, tidal pools,and some white:sand. No development is proposed in this area.The shoreline path and area within the shoreline setback are to remain untouched during the proposed construction and afterwards. An May 20,2022 SMA Major Use Permit Application,Anticipated impacts,T'MK:(3)7-5-005:095 Page 2 of 3 additional easement exists on the mauka-side of the lot for road and utility purposes. Kona Bay Drive extends through and ends at this road and utility easement. B. The relationship of the proposed action to land use plans, policies,and control of the affected area The surrounding area is characterized by single family residential structures within the Kona Bay Estates, also zoned RS-15. Adjacent to the subdivision is Old Kona Airport State Recreation Area,zoned as limited Industrial District. The ocean off the coast of the shoreline is considered a Marine Life Conservation District.The proposed design for a single-family dwelling is consistent with the Hawai'i County General flan and the Zoning Code. The proposed project will not create greater density than zoning intends. C. The probable impact of the proposed actions on the environment A possible impact of the proposed development to the environment could include runoff during construction and from the proposed development.To prevent this possible impact on the nearshore fisheries,which are a valued cultural resource and are associated with customary native Hawaiian subsistence practices,all waste that will be generated from construction,sewage, landscaping runoff,pool and other household waste will be disposed of properly to prevent runoff from entering into the nearshore fisheries.All construction waste will be hauled away and disposed of off-site.The proposed single-family dwelling will connect to existing sewer lines along Kona Bay Drive.No staging of materials will occur within the shoreline setback. D. Any probably adverse environmental effect which cannot be avoided The granting of this request will not have any adverse environmental or ecological effects on the area. Runoff and erosion will be contained and managed on site.The proposed project will not reduce public access to the beaches or shoreline.The coastal access walkaway would remain open and accessible through construction and after the project is completed. The proposed project will not have a negative impact to the view from the public way to the shoreline. The shoreline is minimally visible from the vantage point of the public way,which looks through the outdoor Hockey Rink at Old Airport State Recreation Area as well as tall trees beyond it. May 20,2022 SMA Major Use Permit Application,Anticipated TmpacM TM-K:(3)7-5-005:095 Page 3 of E. Alternatives to the proposed action Since the proposed project does not anticipate any adverse impacts on the SMA or surrounding environment,we find this design to be the most optimal option. No alternatives are sought. F. Mitigating measures proposed to minimize impact Since the proposed project does not anticipate any adverse impacts on the SMA or surrounding environment,we find this design to be the most optimal option. No adverse impacts to minimize are anticipated. G. Any irreversible and irretrievable commitment of resources No irreversible and irretrievable commitment of resources are anticipated with this request. AS r Archaeology•History•Ethnography•Architectural History Ka Pa`akai O Ka`Rina Cultural Analysis of Lot 3 of the Kona Bay Estates, Lanihau 2nd Ahupua`a,North Kona District, Island of 11awai`i TMKs: (3)7-5-005;095 April 27,2022 Prepared by: I,okelani Brandt,M.A ASM At'liliates L CNTRODUC`I'ION At the request of Winton Nicholson.of Nicholson.LLC_on behalf of the Meneghetti Trust,ASM Affiliates,(ASTW prepared this Cultural Analysis for Tax N1ap Key(TMK) (3) 7-5-005:095, (also identified as Lot 3 of the Lanihau Point subdivision),a roughly 0.38-acre parcel located in Lanihau 2"Ahupua'a,North Kona District,Island of Hawai`i (referred to hereafter as the project area;Figures 1,2, and 3). This analysis was prepared to satisfy the requirements of a Special Management Area(SMA) use permit application Far the above-identified 7'MK parcel,the Department of Land and Natural Resources (DI.NR), anti the County of Hawai`i's review of that permit. The landowner is proposing to construct a two-story single-family dwelling with art attached two-car garage and covered lanai.,a pool, paved driveway, utilities. landscaping, and a landscaping irrigation system. A site plan showing the proposed development is included in Figure 4. Article X11, Section 7 of the Hawaii Constitution obligates the State and its agencies, "to protect the reasonable exercise of customarily and traditionally exercised rights of native Hawaiians to the extent feasible' (Ka Pa'akai ❑ Ka `Rina v Land Use Commission,94 Hawaii 31,7 P.3d 1068 [2000]). Linder Article XII,Section 7,the State shall protect all rights,customarily and traditionally exercised for subsistence,cultural and religious purposes and possessed by ahuprea'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. In the September 11, 2000. IIawai`i Supreme Court landmark decision (Ka Pa`akai ❑ Ka `Rina v Land Use Commission), an analytical framework for addressing the preservation and prutection of customary and traditional native practices specific to liawaiian communities was created.. The court decision established a threc-part process relative to evaluating such potential impacts: first, to identity w•hcthcr any valued cultural, historical or natural resources are present; and identify the extent to which any traditional and customary native Hawaiian rights are exercised; second, to identify the extent to which those resources and rights will be affected or impaired by the proposed action; and third, to specify the feasible action, if any, to be taken by the regulatory body to reasonably protect native Hawaiian rights if they are found to exist. To identify whether any valued cultural,historical,or natural resources are present within the proposed project area, and to identify the extent to which any traditional and customary native Hawaiian rights are,or have been,exercised (the first part ofthe analytical framework);historical archival information was investigated,and prior archaeological studies were reviewed and summarized below. This is followed by a discussion describing the extent to which the valued cultural,historical,or natural resources and customary native Hawaiian rights will be impacted by the proposed project(part two of the analytical framework).Finally,part three of this analytical process summarizes these findings and recommends feasible actions and mitigative measures that may be taken by the approving agencies and the landowner to reasonably protect native Hawaiian rights,if they are found to exist within the proposed project area. 820 Mililani Street,Suite 700,Honolulu,Hawaii 96813 1808)439-8089 Fax:(808)439-8087 507A East t_anikaula Street,Hilo,Hawaii 96720 (808)969-6066 Fax:(808)443-0065 www.asmaffiliates.com April 27,2022 Ka Pa`akai 0 Ka `.4ina Cultural Analysis of TMK:(3)7-5-005:095 Page 2 of 24 Nixuti l` Honokohau L Honokohau .r l Maliu PvirH Ugh Honokohau� 9 Small Boat Harbor ___1 11S Point A y E K E 1•:Q ��� �V~G �f : t � � f a ``��'^mac� - �• ^\�_! l-I W Ori 60 1 x3;w;Point , a Rads? yAO Tank {f O 19 q 1 e V F ■ O A AFRPORT KeehuoluPoinit Pawa►� HE4T1ON . gay s Pohakur 0 Project area ark'' 4 N1HA rr. . hth 0 .25 .5 1 km C8 Sr G[AMMD 1t�S P-Or Lion of U.5.G.S.7.5 minute scrics quadrangle Keahole Point, HI 1996 N igtire 1. Project area location. April 27.2022 Ka Pu`akai 0 Ka Aina Cultural Analysis of TMK-,[3]7-5-005;095 Page 3 of 24 Eoi •. ~ 1111 'r Iji i F" Is12 JOR 1, y? ,f`+ Y7 "_� ate•"^� ^• t' -: 7 u` 94V Y iy e ri�ti oil + R I -r• ! ti S rq � e lix- ► w a7 7 Old Kona Airport P rk 90� nlef t-6hz;A,rport.5tat R aik'f'! Area r f UkailimokbPOmt IN --i Project area '.. , �. _so too =,� April 27,2022 Ka Pa`akai n Ka :4ina Cultural Analysis of TMK:(3)7-5-005:095 Page 5 of 24 Z sao sao s clel r w J. M Y eft '3NU0 AVS YN(">EK-5.4 _ Q D' - � .q = E 101•531d1Sa Ara YNOA • 1§� ;�NDLI-')ndLM:)MM D3SCkIOId Y LI _ _ _ �3 '•�. !fir-Fs ��� -_�.��: � ; Iq �, ,�,`�y, I 1 If -•-4..., 1V r _ dT Il r"��• rr g.a W4 April 27,2022 Ka Pa`akai n Ka Nina Cultural Analysis of TMK:(3)7-5-005:095 Page 6 of 24 It. A CONCISE CULTURE-HISTORICAL BACKGROUND FOR LANIHAU The roughly 0.38-acre project arca is located along the coastal margin of the traditional ahupua`a of Lanihau 2n', whose name has been translated by Pukui et at.(1974:128)as"cool heaven."Ahupua`a are land divisions that typically incorporated all of the ecozones from the mountains to the sea and for scvcraI hundred yards beyond the shore,assuring a diverse subsistence resource base(Itommon 1986+). Lanihau has been divided into two modern ahupua`a,Lanihau IS'(also known as Lanihaunui)and Lanihau 2"'(Lanihauiki),and is bordered by the ahupua`a of Moeauoa to the south and Keahuolu to the north. Extending from the shore at Kailua (Kaiakcakua)Bay, Lanihau is cut off by Honua`ula Ahupua`a at about 2,440 feet elevation. Lanihau is one of over seventy ahupua`a that make up the leeward most moku(district)of Kona.Due to its sheer size, the moku of Kona was further divided into a northern section,Kona`Akau(North Kona),and a southern section,Kona I-Iema(South Kona). The project area lies within Kona `Akau, a traditional geographical area that extended from Keahualono,an alter constructed on the Kohala-North Kona boundary to Pu`uohau,a hill marking the southern extent (Pukui 1983). Kona `Akau was further divided into two ancient subdistricts, one of which included the area affectionately known as Kona Kai `opua(interpretively translated as Kona of the distant horizon clouds),a land area that extended from Lanihau to Pu`uohau(Maly 1998). .Freshwater and Agricultural Practices In Kona, where there were no regularly flowing streams to the coast, access to potable water (wai), was of great importance and played a role in determining the areas of settlement. The waters of Kona were found in springs and caves(found from shore to the mountain lands)or procured from rain catchments and dewfall.Traditional and historic narratives abound with descriptions and names of water sources and record that the forests were more extensive and extended further makai than they do today.These forests not only attracted rains from the clouds and provided shelter for cultivated crops,but also in dry tithes drew the kehau and kiwai(mis(s and dew)from the upper mountain slopes to the low lands(Rechtman et al. 2001).Observing nature,particularly cloud formations was a practice that allowed the native inhabitant of Kona to forecast impending rain. Such knowledge is recorded in the following `olelo n.o'eau (poetical expressions): Aia ka ivai i ka maka o ka '6pua. Water is in the face of the `opua clouds. in Kona,when the`opua clouds appear in the morning,it's a sign that rain is to be expected.(Pukui 1983) Ao opiopio. Young cloud. A cloud that rises from sea level or close to the cloud banks and is as white as steam_ When seen in Kana, Hawaii,this is a sign of rain(ihid_-27) Mama Iona i ka wai kau mat i ka maka o ka 'opua. Kona is lightened in having water in the face of the clouds. Kona is relived,knowing that there will be no drought,when the clouds promise rain.(ibid.:232) Thai was not only valued for its life-giving properties,but also its purifying qualities.The continuous mauka to makai flow of vvai provided fresh drinking water, supplied water to irrigated fields, fishponds, recharged ground water supplies,and sustained productive estuaries and fisheries by transporting nutrients from the uplands to the sea(Sproat 2 009). In the uplands of Lanihau, where there was ample rainfall, native farmers adapted and intensified their agricultural production.Over time,their efforts transformed the landscape of Kona as evideneed in historical accounts that describe a vast plantation extending south from Kailua in Lanihau to Keauhou-Kahalu`u. Handy et al. (1991:524), in referencing an article published in the May 3, 1927,edition of the Hawaiian language newspaper Ira Halos Q Hawai'i provide a general description of this vast plantation: In the uplands above Kahalu`u,Kcauhou,and Kailua,was a vast plantation named Kuahewa (huge),belonging to Kamehameha I.To protect these lands,which were cultivated for his people in the section,Kamehameha established the law that anyone who took one taro or one stack of sugar cane must plant one cutting of the same in its place.Weary of war in 1812,Kamehameha went to Kuahewa and himself worked as a farmer. What Handy et al, (199 1)described as `Kuahewa' is a portion of what has been referred to by archaeologists as the Kona Field System;an agriculturally fertile region that includes multiple ahupua'a across the Kona District(Cordy April 27,2022 Ka Pa`akai n Ka Nina Cultural Analysis of TMK� (3)7-5-005:095 Page 7 of 24 1995;Newman 1970; Schilt 1984).This dryland agricultural complex has been understood to be a nearly continuous series of agricultural fields covering approximately 34,350 acres from Kau Ahupua`a in the north to Ho`okena Ahupua`a in the south,with an altitudinal range of 0-2,500 meters from the coastline to the forested slopes of Hualalai (Cordy 1995; Horrocks and Rechtman 2009). A large portion of the field system has been designated in the Hawaii Register of Historic Places as Site 50-10-37-6601 and detcrmincd eligible for inclusion on the National Register of Historic Places(Newman 1974). In the 1920x-1930s, Handy and Handy (1972) conducted extensive research and field interviews with elder native Hawaiians.In the lands of North and South Kona,they recorded native traditions describing agricultural practices and rituals associated with rain and water collection.Primary in these rituals and practices was the lore of Lono—a god of agriculture,fertility,and the rituals for inducing rainfall.Handy et al.,observed: The sweet potato and gourd were suitable for cultivation in the drier areas of the islands.The cult of Lono was important in those areas,particularly in Kona on Hawaii. ..there were temples dedicated to Lono.The sweet potato was particularly the food of the common people.The festival in honor of Lono,preceding and during the rainy season,was essentially a festival for the whole people,in contrast to the war rite in honor of Ku which was a ritual identified with Ku as god of battle.(Handy and Handy 1972:14) Handy and Handy(1972)noted that the worship of Lono was centered in Kona.The rituals of Lono='The father of waters'—and the annual Makahiki festival (honoring Lono) preceding and during the rainy season, were of great importance to the native residents of this region (Handy and Handy 1972:14). The significance of rituals and ceremonial observances in cultivation and indeed in all aspects of life was of great importance to the wellbeing of the ancient Hawaiians, and cannot be overemphasized, or overlooked when viewing traditional sites of the cultural landscape. Kamakahonu,A Royal Center A little over a half a mile southeast of the project area is Kamakahonu,which during the Precontact and Early Historic Period served as one of several royal centers located along the shoreline between Kailua and Honaunau(Cordy 1995; Tomonari-Tuggle 1993).Kamakahonu,literally translated as"the turtle eye"is believed to have been established as a royal center as early as the 16' century by the chief`Umi-a-Liloa. During the early 19'' century Keawe-a-Mahi, a kahu(caretaker)of Keawe-a-Hculu presided over Kamakahonu and upon the death of Keawe.-a-Mahi,Kamakahonu became the residence of Kamehameha I(11 1993).The following description of Kamakahonu,and the events that took place there,are summarized by Rechtman and Poepoe(2008).Wherever passible,information pertinent to the current project area has been added. Native historian and member of the Kamehameha household,John Papa T wrote about Kamehameha's move from Kaldke`e(site of the present-day Hulihe`e Palace)to Kamakahonu upon the death of Keawe-a-Mahi(Ii 1993;Pukui et al. 1974). `I`x purports that Kamehameha was drawn to Kamakahonu"because it was a place celebrated for the constant appearance of fishes." Kamehamcha first moved into the former residence of Keawe a Mahi, then built another house on the seaward side of that residence,which `1`Y calls a hale nava mahina `ai(house that observes the planting fields).This house was built high on stones and faced directly upland toward the planting fields of Kuahewa. Like an observation post,this house afforded a view of the farmlands and was also a good vantage point to see canoes coming from South Kona and the Kailua vicinity.According to`1`i(1993:117-119),"this house was built on the west side of Ahuena[Ahu`ena],a heiau that stood beside Kamakahonu... Kamehameha also built several more structures including three houses(hale)thatched with dried ti leaves,a sleeping house(bale moe)and separate men's(Bale intra) and women's eating house (hale `aina) that belonged to his wife Ka`ahumanu. Based on `I`t's descriptions, Paul Rockwood prepared a sketch(Figure 5) showing a possible spatial distribution of the features within Kamakahonu. Although the current project area is not reflected on the map,it provides a closer look at structures and natural features found around Kamakahonu. Figure 6 is a drawing of Ahu`ena Heiau prepared by Louis Choris, a meniberof the Kotzebue expedition that anchored in Kailua Bay in 1816 and 1817. 17 goes on to describe a coastal trail that extended from the outside of the wall that encircled the royal conVowd mrd meandered in a northerly direction in the vicinity of the current project area.This trail is said to have traveiwd alvt the coast towards Pu`u Q Kaloa and went as far as K-iholo. `I`x also described the presence of houses in the vie inity nt Alanaio pond(1i 1993). April 27,2022 Ka Pa`akai 0 Ka `Rina Cultural Analysis of TMK:(3)7-5-005:095 Page 8 of 24 �Komehomehols house ®�j Houses of 0- i chiefesses� �M 4 stone El EJ ct house dc� Storehouses 040 RpY Teeif tl-r houhelche ses 1/Mokoholau PON* storehouseyyr }... nak, At `�..-.- :plait;:;.::: •:x•:.:�:�; :� :=::�:�:�:�:� ::':;:�:: z. x . _ t - Huhhee m .: q�+J Ki.r. _ : '. ': sprier mm Liholihors m houses Hole o Lono `---•-' Keikipuipui Figure 5. Paul Rockwood's snap of Kamakahonu(project area not depicted)(Ii 1993:118). April"?7.2022 Ka Pa`akai 0 Ka 'A ma Cultural Analysis of TNW—,(3)7-5-005:095 Page 9 of 24 it i t lop r.. r i Figure 6.View of Ahu`ena Heiau(southeast of the project area)in 19 16-1917(Choris 1822). A series of early written Western accounts spanning a time frame from about 1815 to 1823 (see also Barrere 1975) describe the social and economic milieu of Kamakahonu. While these accounts contain descriptions of sotne of the interiors of the residential structures within the royal compound and (he lands around them, the most detailed descriptions were focused on Altu`ena Heiau,and they document the transition of Kamakahonu from royal compound to a fort(Arago 1823;Choris 1822;Corney 1896:E is 1827;Kotzebue 1821;Wiswell and Kelly 1978). When the Freycinet expedition arrived in Kailua in 1819, three months after Kamehameha had died, Ahu`cna had been abandoned as a place of worship with a kaprc placed on it,and"almost all of the images there had been thrown over,and the sacred house of the sovereign was open and filled with furniture of European or Chinese origin,which had been used by the deceased kink"(Freycinet 1831 Vol.2:598 translated in W iswcll and Kelly 1978:73). The Freycinet expedition also prepared a snap of Kailua Say as it appeared in August of 1819(Figure 7). While the neap shows no structures in the vicinity of the current project area, several houses in the area south and north of the current project area and a battery of cannons along the western shore of the bay are shown. The map also includes notes on eight specific locations that are marked with letters:(a)Observatory of the Corvette L'Uranie;(b)Temple of late King Ta i&-n6ha; (c)Tomb ofTam6ameha;(d) Royal shipyards for the canoes; (e) Battery of two cannon; (f) Storehouses of the King;(g)schooner in construction;(h)Temple of King Urio-Rio(Liholiho)(Freycinet 1839 Vol. 2;translated in Wiswell and Kelly 1978). Eighteen months after the death of Kamehameha 1.in November of 182.0 Liholiho(Kamehameha 11)relocated what was now his royal entourage to Oahu, and in doing so.vested in John Adams Kuakini the governorship of Hawaii Island(Kamakau 1992).Kuakini accepted Liholiho's instruction with Veal,and by 1824 had a new wood-frame house (brought from America)placed within Kamakahonu in the general vicinity of the ti thatched houses that were built by Kamehameha 1. Liholiho died in London in July of 1824,and his body was brought back to the Ilaxaiian Kingdom on board the British warship Blonde.On its return voyage to England in June of 1825,the Blonde called in at Kailua and reported: We made the land of Hawaii on the 9`h.The first place we distinguished was Kairua[Kailua] which his the seat of government. Kuakini,or John Adams,the governor,residing;there.The place contains about 3000 inhabitants,and has a tort mounting twenty guns. The aspect of the country is very rought and uninviting in the neigbbourhood,being composed of lavas of various ages,all dark and forbidding.The beach,however, is adorned with cocoa-nut trees,dracaena and oil nut;a a little valley,which extends about four miles inland,furnishes breadfruit,bananas,sweet potatoes;and mountain tato,which is a less productive variety of the water tarn.At Kairua there is net fresh water,and the inhabitants,for the most part,content themselves with brackish water, which is hound in die crevices of lava,and which is the product of the rain,which is retained in the various fissures,and the salt water filtering through the porous rock. (Byron 1826:161-162) April"7.2022 Ka Pa`akai a Ka Aina Cultural Analysis of TMK:(3)7-5-405:095 Page 10 of 24 T a Approxi male prvjecl arca iocalion Figure 7. Hydrographic chart of KaiIua Bay by Louis Dup prey in 1819 showing approximate location oFprQjcct area. It was during his term as governor that Kuakini completed the transformation of Kamakahonu into a fort. He remained there until 1837,then relocated to Hulihe'e Palace at Kalake`e and by January of 1845,he died(Friend 1545). Kuakini had designated William Pitt I-eleiohoku I as his heir and successor. However, the Governorship was a responsibility unsuited for Leleiohoku, he was removed by the Kingdom's Privy Council and replaced by the deputy Governor George Luther Kapcau on an interim basis in November of 1846 with a permanent appointment following; in 1850 (Rechtman and Pocpoc 2008). Mahele'Rina of 1848 it was at the time of Kapeau's tenure as governor that the Mdhele took place.In 1849,the traditional Hawaiian system of land tenure was radically altered in a process known as the Mhele ',4ina.This change in land tenure was promoted by the missionarics and Lite growing Western population and business interests in the island kingdom who were hesitant to enter business deals on leasehold lands.The Mdhele(division)defined the land interests of Kamehameha i11(the King),the high-ranking chiefs,and the konohiki. As a result of the Mahele,all land in the Kingdom of Hawai`i carne to be placed in one of three categories:(1)Crown Lands(for the occupant of the throne);(2)Government Lands; and(3)Konohiki Lands with the caveat that the rights of the hoa'dina(tenants)were to be reserved(Chines 1958:vii; 1961:13). A,s a result of the Makele,Lanihau I"consisting of 302 acres was awarded to the chief William C.Lunalilo as parcel 11 of Land Connnission Award(LCAw)85598,whereas Lanihau 21 was retained as Government Land.Through the passage of the Kuleana Act(also known as the Enabling Act)of 1850,hoa`dina could claim fee simple ownership to parcels that they actively lived on,cultivated.or had improved.A review of the Waihona `Aina Database,reveals that In addition to the konohiki award to Lunalilo,thirty-nine claims were made by the hoa'dina for kideana in Lanihau 1 sr and 2"" ahup►ra`a. Twenty-eight of these claims wereawarded, all of which were distributed in the vicinity of Kamakahonu and the uplands in the vicinity of the present-day Highway 180 (Mamalahoa Highway). No kuleana awards were located within or in the general vicinity of the current project area. William C. Lunalilo,who received Lanihau 111 Ahupua`a was born to Kekauluohi and Charles Kana`ina in 1835.His mother,Kekauluohi,be Fore manying Kana`ina,was a wile of Kamehameha I and then.oFKamehameha I(LihoIiho). Kekauluohi look the position of kuhina-nai from 1839 to 1845,representing Victoria Kamamalu when she was too young to govern(Kelly 1983). Kekauluohi died in 1845. When Kamehameha V died in 1873, Lunalilo became the first popularly elected Hawaiian king, He ruled for only one year and twenty-five days, before succumbing to pulmonary tuberculosis on February 3, 1874,at the age of 39(Kuykendall 1953).Lunalilo's estate was used to provide April 27,2022 Ka Pa'akai n Ka Nina Cultural Analysis of TMK:(3)7-5-005:095 Page 1 1 of 24 income for a home for the"poor,destitute, and infirm people of Hawaiian blood or extraction,giving preference to old people"(Kuykendall 1953:262). Many of his lands were sold over the years by the trustees of his estate(Kelly 1983). Following the,Wahele, Kapeau was succeeded as governor of Hawaii by Ruth Ke`elikolani, the widow of William Pitt Leleiohoku.She proceeded to move the office of governor to Hilo and the residences and fort at Kamakahonu fell into further disrepair. As Jones (1938:47) claims, "In 1861 there were neither soldiers nor policemen stationed at Kailua."Adapting the map prepared by Dupprey in 1819,Jones provided additional annotation showing some of the changes in the Kamakahonu area, one of which shows a trail alignment extending along the coast in a northwest direction(Figure 8). • t FORT • N. r V. I :i ,� �: JSiUJLtHJr� i •+ 4,_1 KAILUA, BAY Figure 8.Map of Kailua Bay showing changes in the Kamakahonu area and a trail extending along the coast(project area not depicted)(Jones 1938:40. As government land,Lanihau 2°d became part of the post-Mahele land granting program that the Kingdom established to provide native tenants further opportunity to obtain fee-simple land.In 1875,the government sold four royal patent grants in the vicinity of Kamakahonu as well as eight more grants that extended mauka from Kamakahonu to the uppermost boundary of Lanihau god Ahupua`a.Closest to the project area was parcel 2 of Grant 3148 sold to William Pitt Leleiohoku II, who was the hdnai son of Ruth Ke`elikolani, his parents being Caesar Kapa`akea and Analea Keohokalole. Leleiohoku 11 died two years later in 1877 and his estate was inherited by his sisters Lili`uokalani and Likelike and his brother King Kalakaua.The sisters sold their interest in Royal Patent Grant No.3148 to their brother in 1885. Kaldkaua converted the two-story stone warehouse/residence at Kamakahonu into a boathouse for whaleboats.Upon Kaliikaua's death in 1891,his estate went to his wife,Queen Kapi`olani. J.S.Emerson,who was surveying the lands of west Hawaii for the government in the 1880s,prepared a sketch in his field notebook on August 4, 1882,of the coastal lands from Kailua to Keahuolu.This sketch(Figure 9)shows several trails, including a coastal trail that crosses along the coast of Lanihau 1''and is likely in the vicinity of the current project area.Beginning in the early 2011'century,the lands encompassed by the current project area were sold as part of Grant No.7456 as shown in Hawaii Registered Map No. 1280(Figure 10). April 1-7.2022 Ka Pa`akai 0 Ka Rina Cultural Analysis of TMK:(3)7-5-405:095 Page 12 of 24 f pproxir iate project arca I ocation aC _ ��� •ls�'Iw. � r Al Figure 9. 1982 Sketch from J.S. Emerson's field notebook showing trail in project area(Vol.4,p.75 Reg No.254; Kelly 1983:60), G. 10 r y _/O� rops:.:.rw�• r� 2 :37 _ .. Approximate projcct arca location Via, 15 ff f ^ r A �— PahraeFiae .- W.. Figure 10.Portion of Hawaii Registered Map No. 1280 by Emerson ca.late 1880s showing project area within Royal Patent Grant 7456. April 1-7..2022 Ka Pa`akai 0 Ka 'Arra Cultural Analysis of TMK:(3)7-5-0015,,095 Page 13 of 24 In the early part of the 19"'century,there were few changes to the project area.A review of Tax Maps revealed that by the 1930s,the project area was part of a larger 91-acre parcel owned by Frank Greenwell(Figure 11). By the 1940s. Greenwell retained a roughly 33-acre portion,in which the project area is located but tumed over the remaining section to the'Territory of Hawai`i as part of the planned Kona Airport(Figures 12 and 13). In 1935, Hilo aviator Alfred W. Smith landed the first single-seated monoplane in an area along the coast that he cleared of stones just north of the project area. Smith.s aeronautical adventure marked the beginning of what would become the fixture runway of the Kona Airport. In 1941, the Territorial Governor and the Superintendent of Public. Works signed a contract with the federal govertunent to maintain and operate the future Kona Airport upon completion. However, with the onset of World War i1, construction was halted (Hawaii Aviation 2021). By 1944, planning of the airport resumed,and a toaster plan(Figure 14)was developed that called for the construction of a 200- foot wide by 5,00-foot-long asphalt runway. The master plan map shown below depicts the location of the project area. The airport plans were redesigned, and the size of the runway was reduced to a 100-foot wide by 3,500-foot- long runway(Figure 15). The airport was officially opened on July 10, 1949 (Figures 16 and 17). As air traffic into Kona steadily increased, plans to expand the airport were made,and by 1951,an additional 300 feet of runway was added, 100-foot=wide shoulders were graded on either side of the runway, and a parking lot was added, plus an air freight and access road.Over the next two decades,the airport infrastructure would undergo additional improvements and expansion(Hawaii Aviation 2021), On April 23, 1951,the Kona Bay Estates subdivision was granted final subdivision approval by the County of Hawaii. The subdivision included forty lots and a 30-foot right-of-way for access purposes. A historical aerial taken in 1954 shows the project area on the n2akai side of the airport runway and terminal area (Figmre 18). The 1954 aerial also shows a graded unpaved road (presc-nt-day Kona Bay Drive) traversing along the coast and the project area and continuing in a northwest direction in the arca r akai of the runxay. This graded road would eventually become the main access route for residents of the beachfront subdivision known today as the Kona Bay Estates.By 1950,the bulk of the subdivision was laid out except for the northernmost section within which the prUicL-t area lies(Figure 19).The 1.950 TMK map(see Figure 1.9)also depicts the route of the coastal trail extending through the central portions of the subdivision lots. By 1970,the Kona Airport was closed and all operations were relocated to the newly built,Kealtole Airport(Hawaii Aviation 2021). By the 1970s, development continued to expand outward f-orn Ka.ilua, however, the project area remained undeveloped as shown in a 1976 historical aerial(Figure 20). N I €LI Fi s e s a�iyr Project area: �afelm row r9S�+ Hwri+ ,xaw .x.lrJOW .Yri1EL't 7",�Wax-4I`7 .5 i0 5- Figure 11.Tax Map(3)7-5-05 from 1936 showing project area. April 1-7,2022 Iia Pa`akai 0 Ka Aina Cultural Analysis of TMK:(3)7-5-005:095 Pagc 14 of 24 �e 'J +' r d +,)j.. • �i I}III .. • vee . l - - - - - .. ....., T f +' += 4;✓ yea � II =� y:fw y ae. 7 5 05 srncrr ro oavrr.E -- Figure 12.Tax Map(3)7-5-05 from 1949 showing proiect area. Ivy Yj ❑ Yivjerlflrea a IDO 10 VSCIPR Figure 13.Land Court Application Map 1319 dated 1941 showing project area. April 27.2022 Ka Pa`akai D Ka Ama Cultural Analysis of TMK:(3)7-5-005:095 Pale 15 of 24 t.LAIF "Itea IWILUA AljQPOAT •• kAILUJA { r�PrwrraMvretr s 1 0 a Appmxmm i� 1: nn�j tit arra 1�x�3�in � � y handttld br.7.'A 4t- C.I.L.Supt.cS + : Torrlualai. ary, Fes. Tab, 76,190 RaYW Or y • '? SAL A'p71RAI I6MaTl1►Jrf ►a�. 76,1967 � P� Ir,AIa mmraeurr4r � .; 7ERR rTORY of w.a urA r I DZAWrMGNT OF AUBLIC O.A.A. amlar iI AIRPa+QT oivl3►ON 1"I PurivaAt AIRPORT rLu XA/L LIA AIRPORT PYvputa Airport at 6 VICII1lry rAISI.]A. ISLOD Or HARASS KAJI.UA.HAWAII, r. H. Sca/e r rn-I M; Cir 1916 .Figure 14.Pmject area depicted within the planned Kona Airport (Hawaii Aviation 2021). 7W r- Figure 15.View of'oId landing strip and proposed Kona Airport runway-with v iew o!•the project area in background,Hawaii State Archives PP-2-1-005. April 1-7..2022 Ka Pa`akai 0 Ka 'Rina Cultural Analysis of TMK:(3)7-5-005:095 Page 16 of 24 plane ❑u "'-%e I_un"Ry Irl crnp% nr VI& ffra+t EalrOAsu A3.rii.nes snaE to a rrive. 12 �:.::•.....;...,:;:.<;:;,.�, .. .::.,.:,ter;.: ............ .........::. ................... '':F:':'•i: 44 n m� R A.------------- Ti.d x'i-n :vy' :- -":k�ii x7.. :';� ...fix".....: Y' ':$ix:"n eu... S•.F. yy .Abd... R.B ...e'..✓: }[�.'.i:.��::� ' � v ..; ms`s' .F::�:•:,�,ur,,i.E.vi;: ':" .:.::�, 'w:'�:ST8':}:sp���yF •'�"xyjy.:..•�'�.ygz� iiE;Ja( .. _ •Z .f XMIM, FffNA, ATHFOVII (JeUuiL- - — SUNDAY .TVI,Y 143, 1949 Figure 16.Kona Airport with view of the pr(lect area in background,Hawaii State Archives PP-1-2-023. f e L Y : .. ...E .. t .. c ay h l .. Figure 17.Grand opening of the Kona Airport, 1949 with view of the project area vicinity in background, Hawai'i State Archives PPWDI-2-004. April 1-7.2022 Ka Pa`akai D Ka Airra Cultural Analysis of TMK:(3)7-5-005:095 Page 17 of 24 r N. .;, • ❑ Pmjeot area 11n atxl T' Figure l l3.Aerial photo from 1954 showing the project area in relation to the Kona Airport. r yt I �� Y� � � 5831 pal'--.�3n.L._, 'I *I I t � esu. '•� - '� � 1 f r A ; tr - ---- X84 _ pPruiect ar:•a r �{emrs Figure 19.Tax Map(3)7-5-05 from 1952 showing;project arca within an undeveloped portion of the newly established Kona Lay Estates subdivision. April 27,2022 Ka Pa`akai D Ka .citta Cultural.Analysis of TMK:(3)7-5-005:095 Page 18 of 24 .. Q 0 t'rnicr.�arca n ��n inn 41.Lrta Figure 20. Aerial photo from 1976 showing the project area. Following the closure of the Kana Airport,the land was turned over to the Department o1'Land and Natural Resources (DLNR) and the County of Hawaii to establish the Old Kona Airport State Recreation Area and later the Kekuaokalani Gyin-Park Complex. 'lb protect the marine resources in the praject area vicinity,in 1992, the DLNR established the coastline fronting the project area and extending north along the Old Kona Airport State Park and south towards Ktika`ilimoku Point as a Marine Life Conservation District(MLCD).MLCD's are designed to conserve and replenish marine resources by allowing and prohibiting certain marine activities.As listed on the Division of Aquatic Resources website,the permitted activities within this MLCD include: • To fish for,take,possess or remove akule by handline at night,and `6pelu by lift or `5pelu net method using bait or chum for commercial or home consumption. • To fish For,take,possess or remove any finfish for home consumption by throw net or pole-and-line(without reel)with bait from shore. ■ To collect wana,wana halula,and lta`uke`uke with hand tool,and without use of scuba gear, from June i to October 1. ■ To use the state mooring not longer than three hours per boat each day on a first come, first served basis for non-commercial use. • Commercial dive/tour operations may be conducted at the mooring and from shore with a permit.(Resources 2022) The prohibited activities include the following April 27,2022 Ka Pa`akai n Ka 4ina Cultural Analysis of TMK:(3)7-5-005:095 Page 19 of 24 • To fish for,take, injure,kill,possess or remove any marine life,including live sea shell and 'opihi,live coral,algae or limu,or other marine life,or their eggs,except as indicated in permitted activities above. ■ To take or alter any sand,shell,coral,rock or other geological feature or specimen,or to possess in the water any device that may be used for the taking or altering of marine life, geological feature or specimen. • To feed or introduce any food material,substance or device as an attractant,directly to or in the vicinity of any aquatic organism except for the purpose of catching and removing that organism as permitted. • To anchor a water craft in the MLCD,or operate a motorboat or other motor powered water craft within the"No Boating Zone"except for emergency or enforcement purposes. ■ To conduct commercial dive/tour activities except as indicated in permitted activities above.(Resources 2022) Although the Kona Bay Estates subdivision was created in 1951,it wasn't until the late 1990s and throughout the 21 ti' century that residential construction began to take shape.The current proiect area and the adjacent lots were the final set of lots to be subdivided(see Figure 19).A review of Googlc Earth aerial imagery spanning between 1985 through 2002 shows that the initial clearing of the project area began in the early 2000s.By 2014,a residential structure was constructed on the adjacent lot(parcel 096). Archaeological Sites Identified in the Immediate Vicinity of the Project Area In January of 1980,Earl Neller(1980)of the DLNR-Division of State Parks responded to reports of exposed human remains following a destructive storm that caused severe disturbance within the Old Kona Airport property.Upon his arrival on January 20,Neller found that most of the larger bones had already been reburied by the park grounds crew and by squatters living in a settlement at KW'ilimoku Point.Neller collected any remaining bone fragments,reburied them in a small pit, and conducted a quick reconnaissance of the area where he identified various archaeological features.On June 3, 1980,Neller returned to the area to complete a more detailed investigation,the findings of which he appended in a revised version of his original report. The site types identified by Neller included burials,exposed skeletal fragments most of which were found along the coast, eroding subsurface cultural deposits, petroglyphs, papamis,a modified brackish water pool,walls,habitation sites,salt pans,and bait mortars.Norte of the features Were found in or fronting the current project area, however, Neller did identify bait mortars (Site 31) pecked into the pahoehoe at the coast near the northwestern boundary of the adjacent lot 096. Since Neller's investigation, several more archaeological studies have been conducted on the Old Kona Airport property(see summary of prior studies included in McCurdy et al.2014). The features of Site 31 were originally recorded by Paul H. Rosendahl,Ph.D. Inc. (PHRI)while conducting several phases of archaeological study at Kona Bay Estates (Rosendahl 1979). PHRI recorded a total of thirty-nine archaeological features within the subdivision, the findings of which were summarized by (Jensen and Rosendahl 1983).The recorded features included an isolated and clusters of petroglyphs and papamfi,bait mortars,surface artifact scatters, a modified outcrop, a brackish water pool, a wall, two platforms, a cultural deposit remnant, two areas containing multiple burials, and seven isolated burial features. Unfortunately,a final report for this work was never completed,and more detailed feature records are not available. In April of 2022,ASM conducted a field inspection of the subject parcel and found that the entire parcel had been mechanically cleared and a stone wall constructed along the boundaries of the property.The ground surface consisted of thin soil accumulations, sand, coral, marine shell, small to medium-sized cobbles, and exposed bedrock in the ndisturbed areas. (Figure 21), A paved public shoreline sidewalk was also observed along the western edge of the property's makni boundary (Figure 22). No cultural material or archaeological features were identified within the project area.Persons were,however,observed fishing from the coastline(outside of the project area). April 27.2022 Ka Pa`akai 0 Ka Aina Cultural Analysis of TMK:(3)7-5-00.5:095 Page 20 of 24 .a Figure 21.Project area,view to the south(makai). A 1; -} .x� J..;; .y;�.-, _ _ 'fir :.;r_?.�.�".. '�f�-- '�-.;a��?r��`4•Y�•, . _ F��. . ,�:-"�. -- �,�'• ... ..—�'.'-:. -. j$:= ' Vic• Figure 22.Pavcd Public shoreline sidewalk located along the makai(south}boundary oI'the subject parcel,view to the west. April 27,2022 Ka Pa`akai D Ka Nina Cultural Analysis of TMK� (3)7-5-005:095 Page 21 of 24 In. IDENTIFICATION OF VALUED CULTURAL, HISTORICAL, OR NATURAL AND TRADITIONAL AND CUSTOMARY PRACTICES A review of the cultural-historical background information specific to the project area identified a portion of the ala loa,a historic coastal trail that once traversed through the project area.This trail meandered along the coastal portion of Lanihau and the neighboring ahupua`a and connected to the royal settlement at Kamakahonu. That portion of the trail that once extended through the Kona Bay Estates subdivision has been destroyed as a result of ongoing residential development. From the archaeological studies conducted for the Old Kona Airport property as well as Kuka`ilimoku Point, it is evident that certain coastal sections of Lanihau served as a settlement and some areas were used as burial grounds. The past archaeological studies suggest that burials may be found in subsurface deposits located within the sandy shoreline areas and constructed burial features may be found in the rockier areas. Although no burials or skeletal remains have been identified in the project area or the shoreline fronting the project area,during periods of high surf or storms,skeletal remains are known to erode from this shoreline fronting the Old Kona Airport and KW11imoku Point.The landowner must be made aware of the past occurrences and have an understanding of the protocol to report such issues. Archaeological resources including the presence of bait mortars found along the coast(outside of the project area)and the observations made during ASM's April 2022 field inspection indicate that subsistence fishing and marine resource collection along the shoreline fronting the project area is an ongoing cultural practice. The following section provides feasible action to be taken to ensure the protection of the above identified cultural, historical,and natural resources and traditional and customary practices. Feasible Actions to Reasonably Protect Nativc Hawaiian Rights Concerning that portion of the ancient ala loa trail identified within the project area,the Ala Kahakai National Historic Trail Drait Comprehensive Management Plan cue Environmental Impact Statement resolved that"In Kona Bay Estates and Lanihau subdivisions traditional access rights were asserted via a law suit.As a result,the ala loa was restored by relocating it on a low rock wall fronting both subdivisions' lots"(National Park Service 2007:233). it is the findings of this study that the assertion of traditional access rights and the subsequent relocation of the trail route to the makai side of the Kona Bay Estates lots have mitigated the impacts on the ala loa.As such,there are no anticipated impacts to the ala loa trail from the proposed project,and it is concluded that no additional actions on behalf of the landowner or the approving agencies are recommended. Regarding the potential for the inadvertent discovery of human skeletal remains along the shoreline following periods of parge surf or storm, it is recommended that in the event that skeletal remains wash up along the shoreline, the landowner may assist in resolving this matter by contacting the appropriate agencies including DLNR-State Historic Preservation and Division(SHPD)and Division of Conservation and Resources Enforcement(DOCARE).The most up-to-date contact information for these agencies can be found on their websites. To prevent impacts on the nearshore fisheries,which are a val tied cultural resource and are associated with customary subsistence practices, it is recommended that all residential waste that may be generated from sewage, landscaping runoff, pool, and other household waste is disposed of properly to prevent runoff from entering into the nearshore fisheries. Taking actions to prevent runoff will help to protect the resources within the nearshore fishery and its associated subsistence practices. In summary, adherence to the above-described recommendations will help erasure that the above-identified valued cultural,historical,or natural resources and traditional customary practices are not adversely impacted by the proposed project. April 27,2022 Ka Pa`akai O Ka Nina Cultural Analysis of TMK:(3)7-5-005:095 Page 22 of 24 References Cited Arago,J. 1823 Narrative of a Voyage Around the World in the Uranie and Physicienne Corvettes, Command by Captain Freycinet,During the Years 1817, 1818, 1819 and 1820.Truettel and Wurtz,Treuttel,Jun, and Richter,London, Barrcrc,D. 1975 Kamehameha in Kona: Two Documentary ,Studies. Pacific Anthropological Records No. 23. Department of Anthropology,B.P.Bishop Museum.,Honolulu. Byron,G. 1826 Voyage of the H.M.S. Blonde to the Sandwich Islands, in the Years 1824-1825. John Murray, London. Chinen,1.J. 1958 The Great Mahele:Hawaii's Land Division of'1848.University of Hawaii Press,Honolulu. 1961 Original Land Titles in Hawaii.Privately published. Choris, L. 1822 Voyage Pittoresque Avec Des Portraits De Sauvages D'Amerique,D'Asie,D'Af-ique,Et Des lies Su Grand Ocean;Des Paysages,Des Vues Maritimes,Et Plusieurs Objects D'Historire Naturelle. De L'imprinnerie De Firmin Didot,Paris. Cordy,R. 1995 Central Kona Archaeological Settlement Patterns. State Historic Preservation Division, DLNR, State of Hawaii.Prepared for Planning Department,County of Hawaii. Corney,P. 1896 Voyages in the Northern Pacific.Thos.G.Thrum,Honolulu. Ellis,W. 1827 Narrative of a Tour of'Hawaii, or Owhyee; with Observations on the Natural History of the Sandwich Islands, and Remarks on the Manners, Customs, Traditions, History, and Language of their Inhabitants. Second ed. H. Fisher,Son,and P.Jackson, London. Friend,T. 1845 Kailua. The Friend [Honolulu]. April 15. Electronic document, https://hraba-missionholuses.org/collections/show/8,accessed April 25,2022. Handy,E. S.C.and E.G.Handy 1972 Native Planters in Old Hawaii: Their Life, Lore, and Environment. Bernice P. Bishop Museum Bulletin 233.Bishop Museum Press,Honolulu. Handy,E. S.C.,E.G.Handy,and M.K.Pukui 1991 Native Planters in Old Hawaii: Their Life, Lore, and Environment. Bernice P. Bishop Museum Bulletin 233.Bishop Museum Press,Honolulu. Hawaii Aviation 2021 Kona Airport At Kailua. State of Hawaii, Hawaii Aviation. Electronic document, http://aviation.hawaii.gov/airfields-airporL,Vbawaii/kona-airport-at-kailua/,accessed April 25,2022. Hommon,R, 1986 Social Evolution in Ancient Hawaii. In Island Societies:Archaeological Approaches to Evolution and Transformation, pp. 55-88. Edited by P. Kirch. Cambridge University Press, Cambridge, Massachusetts. April 27,2022 Ka Pa`akai n Ka Nina Cultural Analysis of TMK� (3)7-5-005:095 Page 23 of 24 Horrocks,M.and R.B.Rechtman 2009 Sweet potato(Ipomoea hatatas)and banana(Musa sp.)microfossils in deposits fmm the Kona Field System, Island of Hawaii. Journal of Archaeological Science 36(5):1115-1126. Electronic document, hUp:111inkinghub.elsevieT.coin/retrieve/pii/SO30544030800322.1_, accessed 2017/12/.30/01:17:23. Ii,J.P.(John Papa`11) 1993 Fragments of Hawaiian History. 2nd revised ed. Originally published 1959.Edited by D.Barrere. Translated by M. K. Pukui. B.P. Bishop Museum Special Publication 70. Bishop Museum Press, Honolulu. Jensen,P.and M.L.K.Rosendahl 1983 Intensive Archaeological Survey and Testing Existing Residential Subdivision Site,Lanihau,North Kona, Island of Hawaii (TMK: 3-7-5-05:1, 11, 14-51): Preliminary Report Upon Completion of Field Work.Paul H.Rosendahl,Ph.D.,Inc.Ms. 84-072983. Prepared fir Mr.John Michael White, Hilo,HI. Jones,M. 1938 The Fort At Kailua, Hawaii.Annual Report of the Hawaiian Historical Society 46:39-47. Kamakau,S.M. 1992 Ruling Chiefs of Hativaii.Revised ed.Kamchameha Schools Press,Honolulu. Kelly,M. 1983 Na Mala O Kona:Gardens of Kona.A History of Land Use in Kona,Hawai`i.Departmental Report Series. Department of Anthropology, B.P. Bishop Museum, Honolulu 83-2. Prepared for Department of Transportation,State of Hawaii. Kotzebue,Otto von 1821 Voyage ofDiscovety in the South Sea,and to the Bering Straits,in Search of'the Northwest Passage; Undertaking in the Years 1815, 76, 17, and 18, in the Ship Rurick. Sir Richard Phillips and Co., London. Kuykendall,R. 1953 The Hawaiian Kingdom Volume 1118.54-1874. Twenty Critical Years, vol. 2. 3 vols. University Press of Hawaii,Honolulu. Maly,K. 1998 "Kekaha Wai `Ole O Na Kona."A Report on Archival and Historical Documentary Research, and Oral History Interviews for Kekaha Kai State Park,Ahupua`a ofKaulana,Mahai`ula,Makalawcna, Awake`e, Manini`owali, and Kuki`o — District of North Kona, Island of lIawai`i. Kumu Pono Associates HiKe(030498).Prepared for Group 70 International,Honolulu. McCurdy,T.,D.Bautista,S.Wilkinson,and H.H.Hammatt 2014 Archaeological inventory Survey with Cultural Consultation,Kailua Park Master Planning Project (Old Kona Airport State Recreation Area),Keahuolu and Lanihau Ahupua`a,North Kona District, Hawaii Island, TMKs : [3] 7-5:007,072,073, 074, 079, 082 and 083. Cultural Surveys Hawaii, Inc Job Code KEAHUOLU 9. Draft. Prepared for Kimura, International. National Park Service,Ala Kahakai National Historic Trail 2007 Ala Kahakai National Historic Trail Draft Comprehensive Management Plan & environmental Impact Statement.N. P. S.U. S.D.o.t.Interior. Neller,E. 1980 An Archaeological Reconnaissance at the Old Kona Airport Beach Park,Keahuolu acid Lanihau. Kona,Hawaii_Department of Land and Natural Resources,Hawaii,Division of State Parks,Historic Sites Section. April 27,2022 Ka Pa'akai D Ka 'Rina Cultural Analysis of TMK:(3)7-5-005:095 Page 24 of 24 Newman,T.S. 1970 Hawaiian Fishing and Farming on the Island of'Hawaii in A.D. 1778. Department of Land and Natural Resources, Division of State Parks,State of Hawaii, Honolulu. 1974 Hawaii Registers of Historic Places Fon-n: 10-37-6601, Kona Field System. Pukui,M.K.(editor) 1983 'alelo No`eau:Hawaiian proverbs&poetical sayings.Bishop Museum Press,Honolulu. Pukui,M.K.,S.H,Elbert,and E.Mo`okini 1974 Place Names of Hawaii.Revised and Expanded ed.University of Hawaii Press,Honolulu. Rechtman,R.B.,K.Maly,M. R.Clark,D.Dougherty,and D.Maly 2001 Archaeological Inventory Survey of the Ki`ilae Estates Development Area(TMK:3-8-5-05:19,22, 26, 27), Ki`ilae and Kauleoli Ahupua`a, South Kona District, Island of Hawaii. Rechtman Consulting,LLC 0034.Revised 2002.Prepared for Ki`ilae Estates,LLC,Kea`au,HI. Rechtman,R.B.and H.Poepoe 2008 Cultural Impact Assessment for Renovations to the King Kamehameha Kona Beach Hotel(TMK:s: 3-7-5-06:020, 021, 024, 032; and 3-7-05:062, 066, 075), Lanihau 2nd Ahupua`a, North Kona District, Island of Hawaii. Rechtman Consulting, LLC 0557. Prepared for Mooers Enterprises, Kea`au,HI. Resources,D.o. A. 2022 Marine Life Conservation District Old Kona Airport. State of Hawaii, Division of Aquatic Resources. Electronic document, https://dlnr.hawaii.gov/dar/marine-managed-areas/hawaii- marine-lifc-conservation-districts/hawaii-old-kona-airportl, accessed April 25,2022. Rosendahl,P.H. 1979 Archaeological Reconnaissance Survey of the Hilton Head Company Kona Property Site.Paul H. Rosendahl,Ph.D.,Inc. Schilt, R. 1984 Subsistence and Conflict in Kona, Hawaii, An Archaeological Study of the Kuakini Highway Realignment Corridor.Departmental Report Series 84-1.Prepared for Department of Anthropology, Bemice P. Bishop Museum,Honolulu. Sproat,D.K. 2009 Ola 1 Ka Wai:A Legal Primer for Yater Use and iVanagement in Hawaii.Ka Huh Ao Center for Excellence in Native Hawaiian Law,Honolulu. Tomonari-Tuggle,M.-J. 1993 The Archaeology of the `Ohi`a Preserve;An Inventory Survey of Surface Structures.International Archaeological Research Institute, Inc. (IARII). Draft. Prepared for Kamchameha Investment Corporation,Honolulu. Wiswell,E.and M.Kelly 1978 Hawaii in 1819: ,4 narrative account by Louis Claude de Saules de Freycinet. Pacific Anthropological Records No.26.Department of Anthropology,B.P.Bishop Museum,Honolulu. i ASM . � 1 Archaeology•History•Ethnography•Architectural History ASM Project 39770 May 1, 2422 Susan Lebo, Ph.D. Archaeology Branch Chief DLNR-SHPD 601 Kamokila Blvd., Rm.555 Kapolei,IIawaii 96707 Email: susan.a.leboLdhawaii.gov via 111CRIS Subject: Request for a State Historic Preservation Division determination of"no historic properties affected"associated with the proposed development of a single-family residence on TMK: (3) 7-5-005:095,Lanihau tad,North Kona, Hawaii. Deat Susan: At the request of Nicholson, LLC,on behalf of the landowners(Meneghetti Trust),ASM Affiliates(ASM) has prepared this request for a State Historic Preservation Division (SHPD) determination of"no historic properties affected" associated with the proposed development of a single-family residence on TMK; (3) 7-5.-005:095 (also known as Lot 3 of the Lanihau Point subdivision), Lanihau 2"d Ahupua`a,North Kona District,Island of Hawai'i(Figures 1,2,and 3).This request has been prepared in accordance with Hawai`i Administrative Rules (MAR) §13-284-5(2) in support of a Special Management Area (SMA) use permit application for the proposed development of a single-family residence within the 0.38-acre subject parcel (Figure 4). The subject parcel(the"project area")is situated to the west of the 01d Kona Aitport State Recreation Area within a previously developed, gated subdivision located at the coast of Kailua Bay within Lanihau 2`6 Ahupua`a. The project area is bounded to the west by a developed residential parcel,to the north by Kona Bay Drive (Figure 5),to the east by an undeveloped(but previously graded) residential parcel, and to the south by an undeveloped strip of pdhuehoe coastline that fronts the subdivision at the coast (Figure 6). Modern rock walls are present along the northern, eastern, and western boundaries of the parcel, and a concrete sidewalk,built for public shoreline-access, crosses the project area near the southern boundary of the parcel(Figure 7). The surface of the project area is relatively flat, consisting of a thin layer of sand and gravel (typically less than 5 centimeters thick) overlying previously graded (bulldozer tracked)pahoehoe bedrock(Figure.8). The only vegetation present within the project area is a maintained hedge of nazrpraka located to the west of the public access sidewalk. The project area was previously included in at least two archaeological studies conducted by Paul H. Rosendahl, Ph.D. Inc.(PHRI)that were associated with a SMA use permit(SMA.Application Number S l- 31)that was granted to The Hilton Head Company by the Hawaii County Planning Commission on May 19, 1983. The first study, an archaeological reconnaissance survey of the Hilton Head Company Kona Property-13" site (Rosendahl 1979), occurred prior to the creation of the existing subdivision. That study included 23.5 acres of shoreline property within Lanaihau 2"d Altupua`a, and identified 16 archaeological features (Features A to P) consisting of petroglyphs, bait cups, surface artifacts, a modified outcrop, a brackish pool, a wall, and a platform (Rosendahl 1979:5).None of the identified features were within the current subject parcel. The nearest identified features, located south and southeast of the project area, included two bait cups (Feature D) and the probable remains of a disturbed, shallow, cultural deposit (Feature F), Rosendahl (1979:6) sununarized the archaeological finding within the area as follows: 820 Mililani Street,Suite 700,Honolulu,Hawaii 96813 (808)439-8089 Fax.(808)439-8067 507A East Lanikaula Street,Hilo,Hawaii 96720 (808)969-6065 Fax:(808)443-0065 www.asmaftiliates.corn May 1,2022 Request for"No historic properties affected,"TMK.(3)7-5-005:095 Page 2 of 10 Archaeological reconnaissance survey of the Hilton Head Company Kona Property "B" site revealed relatively few features. The principal types found were bait cups and petroglyphs. Aside from the isolated individual examples, the petroglyphs are found concentrated in two relatively small clusters(Features J, P). The figures comprising these clusters are generally in poor to fair condition.In neither case do there seem to be any really outstanding examples such as those to be seen in the extensive petroglyph fields further up the coast in the South Kohala District, at Anaehoomalu and Puako. With the exception of the immediate shoreline portion, most of the survey area has been bulldozed and/or scraped in the past... In 1983, PHRI returned to the location of the 1979 reconnaissance survey in Lanihau 2"d to conduct intensive archaeological survey and testing of the(by that time) existing residential subdivision within the Hilton Head Company Kona Property `B" site as well as the Hilton Head Company Kona Bay Club site (located further to the south), which was the subject of a reconnaissance survey conducted by Rosendahl (1980). A preliminary report documenting the findings of that study was submitted to the SHPD upon completion of the fieldwork for that study(Jensen and Rosendahl 1983),but a final report for the area was never completed by PHRI. In the vicinity of the current project area,Feature E was thoroughly examined for any new evidence of surface artifacts, but none were observed so a single 1-meter by 1-meter test pit was excavated to bedrock(approximately 15 centimeters below the sandy surface)within the feature,which yielded "a very few number of volcanic glass flakes but no evidence of a significant accumulation of cultural material and considerable evidence that the remaining cultural material has been mixed and crushed by past bulldozing" (Jensen and Rosendahl 19$3:5). No further study was undertaken at Feature D (two bait cups),which was described as being in similar condition to what was observed in 1979.No additional features were documented by Jensen and Rosendahl(1983)within or nearby the current study area. On April 12, 2022, ASM Associate Archaeologist, Johnny R. Dudoit, B.A., under the direction of ASM Principal Investigator, Matthew R. Clark, M.A., conducted an archaeological surface inspection of the entire project area(100%coverage).During the field inspection,the ground surface of the 0.38-acre parcel was visually inspected utilizing north/south pedestrian transects, maintaining a 3-meter spacing interval. No archaeological sites, features, or surface deposits of any kind were identified within the subject parcel as a result of the field inspection.Furthermore,the results of the field inspection indicate the entire project area had been subject to prior mechanical disturbance, suggesting that there are unlikely to be any buried historic properties or cultural deposits present within the thin layer of sand and gravel (less than 5 centimeters thick)that currently covers the bulldozer tracked pnhoehoe bedrock of the area. Given the negative findings of the archaeological field inspection, on behalf of the current landowners (Meneghetti Trust)and pursuant to EAR§13-284-7,ASM requests an SHPD determination of"no historic properties affected" associated with granting of an SMA use permit for the proposed development of a single-family residence on TMK: (3) 7-5-005:095, Lanihau 2nd Ahupua`a, North Kona District, Island of Hawaii. In the unlikely event that any archaeological resources are encountered during development activities prosed on the property,such activities will be halted and SIIPD contacted immediately. Should you have any questions, or if you would like further information, please feel free to contact me directly. Sincerely, Matthew R. Clark,M.A. Principal Investigator—Director ASM Hilo May 1,2022 Request for"No historic properties affected,"TMK:(3)7-5-005:095 Page 3 of 10 References Cited Jensen, P. and M. L. K. Rosendahl 1983 Intensive Archaeological Survey and Testing Existing Residential Subdivision, s'B" Site, Lanihau, North Kona, Island of Hawaii (TMK: 3-7-5-05:1, 11, 14-51): Preliminary Report Upon Completion of Field Work. Paul H. Rosendahl,Ph.D., Inc.Ms. 84472983. Prepared for Mr. John Michael White, Hilo,HI. Rosendahl,P.H. 1979 Archaeological Reconnaissance Survey of the Hilton Head Company Kona Property Site.Paul H.Rosendahl,Ph.D., Inc. 1980 Archaeological Reconnaissance Survey of the Hilton Head Company Kona Bay Club Site (TMK:3-7-5-05:12,63), Kailua-Kona, Island of Hawaii. Archaeological Research Associates. Prepared for Belt Collins and Associates. May 1.2022 Request for"No historic properties atl'ected,"TMK:(3)7-5-005:095 Pagc:4 of 10 11 r3iLT: p 1� 0 p q Honokohau •. Honokohau . L Adaliu Pvi►rs high s Hanokoh8u ` Small Boat Harbor o >�oio Point Ulk I` Ci t♦ y r Resal+iairs $ r: Kaiwi Point AJI rye tank FZ! llij� 0 -4 0 A AIRPORT ■ Keahuolu Point a Po u+a i EATION A Y !!s .. gay - 6 PoMhak Rocowl ... co p X81 _ � rri Proj est area rk�' Z6 ANf� RU ri: • hth 0 .25 -5 l km COAST ovAeuRES Portion ofU.S.G.S.7.5 minute series quadrangle Kcahole Point, HI l�)�1fr Figure 1. Project area location. May 1.2022 Request for"No historic properties atfected."TMK:(3)7-5-005:095 Page 5 of 10 r '� � �� �i� d� ����� •per �`• r- r` �#� � 's '�i sod� ■�e 11 i:'p1 - �of 9 �y` ya..� .. 1 �-�• x�.a�/ w f ��y�fi tit .!d '�,.�-•{i� f �- = ''�:�t :v'' � Y h 01, 7 i�•8� � R� e �a R• r Y}r f�� r� i vil Oz, a e !I kj ism � —��:,--y._'��!•';�j ,t I �?r moi.^. � xeevw 0 ,.�_ ' u = y iYe j �e � Y1 � '� ;y ❑ ,�,� •G' ,jam � -. � v .�Z-. _.� � :M.r .i - '- - 'i lot 901d Kona Airport arc �I� ''a .v.. -' .., Ir a •ona a Airpo�t�StR Cr�aau4t'! r ea �_ ' w � ;` tr is -u allimvk�'r.Point A, 4t, El Projeci L May 1,2022 Request for"No historic properties affected;'TMK:(3)7-5-005:095 Page 7 of 10 r. sac mo s cfel r w 1 N) ��_ t OP-Z96 IH'VNQ)1-9'nlrO f O J. ]7 'EM1la AVE YNM FEVS•51 Q O 7 p'$ •i','7't ���SSs C 101•S31TISa AYR YNON • �q 333 d*�p^' � PCti LSf1C1'LL13H�J31BW � ;K>A NDIi7f1711SND7 MM DESCl4071d Y ice %- 9Y Ha d 17 ,7 J �t ... '`may` �� � - �� ]_.j.`a'.'. •! ,.1:: �C a �`.'��• ` J�' 111 � � n •:s1 N � ti}. 1 1• � - fir �' � r s F s a3 t 2 � oq fir a � i_;�--"moi:• 1 iU�/r P. P ti t f 10 jr y � May 1.2022 Request for"No historic properties affected,"TMK:(3)7-5-005:095. Page 9 of 10 JALIL • :.G 4 r" � IRS ., y :'.. �._•' .�. •.. Figure 7. Paved sidewalk for public shoreline-access located «ear the malcai(southern)boundary of the subject parcel,view to the west. - __ -- Figure 8. Terrain within the project area, view to the south(nxrkai). May Em Request for"No historic properties atlectd2TMKRa 7-5-005:095 Page m«m \ 7 § m \] k) ` - ® () 7 \] 2 ■ . ;pC, w • : � ;tee– £2 z' ' � o •3 � tƒ 2 S �2 \ � £J � \ : \ I . � -7— _ � ) e iI P '\ i k i ) \ � $ \ � � \ � � § � + + � § ) p ❑ / .§ Q fiY,nf ki Mitchell D. Roth ? Zendo Keni A?�•Ur Lµ ��; Dir'ectur' Lee E.Lord Jeffrey W. Darrow Aknaging Director Deprrry Dir•ec•►or• 6Vect Hawaii Office Fast I-lannN Office 74-5044 Ane Kwhokaiole 14wy101 Pauahi Sired,Suite-; Kai Iua-Kona.Ilawai`i 96740 County of Hawa.i`i IIilo.Ila wai•i 96720 Phone(808'}323-4770 Phone(808)901-SM Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 11, 2021 Winton Nicholson c/o Nicholson, LLC 74-5616 Alapa St., Ste. A2 Kailua-Kana, HI 96740 Dear Mr. Nicholson: SUBJECT: Special Management Area (SMA) Use Permit Assessment Application (PL-SAA-2021-000014) Landowners): John Meneghetti Request: Single Family Residence and Related Development Tax Map Key-: (3y 7-5-005:095, North Kona, Hawaii We have reviewed the subject Special Management Area {SMA} Use Permit Assessment Application (PL-SAA-2021-000014), submitted to this office on September 14, 2021. The subject 16,626 square feet parcel is zoned Single Family Residential-15,000 square feet(RS- 15)by the County and designated Urban by the State Land Use Commission (LUC). The subject parcel is designated as Open (ope) by the Hawaii County General PIan Land Use Pattern Allocation Guide (LUPAG) map. The parcel is within the Special Management Area (SMA), as well as within the "shoreline area" as defined by Section 205A-41, Hawaii Revised Statutes (HRS). Proposed Proiect: The applicant is proposing to construct a 4,429 sq. ft., two(2) story single family residence, pool, driveway, and associated development (e.g., utilities, landscaping), The valuation for the proposed project is $1,700,000. Proposed sitework includes the excavation of approximately 80 cubic yards of material for a pool; all excavated material will be used for the building pad for the proposed residence. The lot is level and cleared of vegetation such that limited ground disturbance is required. Winton Nicholson c/o Nicholson, LLC October 11, 2021 Page 2 An existing rock wall is located on the makai side of the property, which was built to demarcate property boundaries under SMA Permit No. 92-8, however, it does not bound the shoreline and as such a shoreline certification has been submitted for the proposed development on this parcel_ Staff notes that a recent shoreline certification was completed in 2021. The shoreline certification is required to ensure the 40-foot shoreline setback area is appropriately demarcated, and to preserve the continued use and location of the approved Puhlic• Shoreline Access Fasemenf "1" created during the subdivision of this site. The 4-foot-wide public access easement allows for public access across and through the subject parcel to the Old Kona Airport Recreation Area, Special Manatzernent Area Determination: Pursuant to Planning Commission Rule 9-4(r)relating to the Special Management Area: "Special Management Area Use Permit" means an action by the Commission authorising development, the i,aluation of which exceeds $500,000 or which may have a cumulative impact, or a substantial adverse environmental or ecological effect on the Special Management Area. Additionally, pursuant to Planning Commission Rule 9-10(f). The Director shall declare that a Special Management Area Ilse Permit is required if it is f6und that the proposed use, activity, or operation has a valuation in excess of$500,11011 or may hat=e a subsiantiol adverse effect on the ,SMA. Should a deterrrurration be made Thal the proposed use, acln°ity, or operation requires a Special Management Area (Ise Permit, the applicarrf shall submit such application in accordance with Secfion 9-11. An SMA Use Permit is issued by the Leeward Planning Commission at a public hearing. For more information about the SMA Use Permit process please refer to Planning Commission Rule 9-11 which can be found on the Planning Department website. Additional Zoning Considerations: The site plan we reviewed incorrectly marked the front yard setback from the property line, not the edge of the utility and access easement that serves the subject parcel and three (3) other parcels. In accordance with Planning Director Memorandum 2003-32 and Hawaii County Zoning Code Section 25-3-8, the easement boundaries established by a roadway easement also establish the "front yard" property rine. Therefore, the easement boundary shall be the front property line, and the front yard setback shall be measured from the easement boundary rather than the property line. Please ensure that all future project site pians include the 20-foot front yard setback taken from the makai edge of the Utility and Access Easement"I". In order to apply for a Special Management Area Use Permit (i.e., SMA Major), you will be required to submit for review and processing a Special Management Area Use Permit Application (SMA) via our County of Hawaii Electronic Processing and Infonnation Center (EPIC) system on-Ime at the following link: Winton Nicholson c/o Nicholson, LLC October 11, 2021 Page 3 littps://hawai icotintyhi-energovpub.tylerhost.net/Ap]2s/SelfService4/home If you have questions regarding this document, please contact Alex J. Roy of this office at(848) 961-8140 or via email at alex.roy whawaiicounty..tov Sincerely, ZENDQ KERN Planning Director AJR:mads P'Wp�Ain60ICZM%SMAA�-1a?11PL-SAA_2021_000014-SrD-Needs SN A_Major.Dac r_ y3 SaP5005'1IS��!'Y1"1 m e :�^ ,C_ OY[96WYNOYKT&-r r" Of S 401 I.iln$]Av8 gv[1M A 5'g ,. g:Q 9 5e•"� 1Sf1711'IUgHOIN3W ` s 7104 NOLL)MI1.SNOD M3N CFSOdOSd V w e i ¢g i i gg 3Q� 6 9 P t s ► 2 �•� �9qq �� g � �g� i � F'�y¢��y2 L � � g� .� gq �_ y�Y 3 IR ii r ,p G f' y d� - O' a sevmas'QSI�I'Y!1 CIA a ✓K19E IH•'NOs'YmM1T � y �,TZ* a n_L'7. Sl'SiltlAs�+nm£psb� p Q -BOA NO LXBb NOD Mary g3SOdON H - $ I � � I � I � I i I i I � } gy fd;. 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PP IR � I II ly l9 rm E I I I 1 ` � I I I F I I .� , I I g I I I I I I I I E I I I IITA 1 11 77 I �I M-1 I � �ppppl !I I ] 3 I II I I I I E II n I , ! li I 0I E I I I _ I 4 1 I I I s Z C� s 6 .daft0- Ra �;Y ! 3 SOP5005'L[S1]'W'1 M tl J� ��L J44 � ��'_'�• ML961H VNOd"Yf1lh] O e ;404 NOW'V LLSNbn M3N 03SQdOSd V i i : .s-^ asa ss s - a a z I MIMI m- ROM j I 1 I I j II j I I I I i I I I I i I 1 I f I I I � I sti � � I [ 11 I I I 1 fl - [ 11 I I I 1 � 1 r P 0 13 O > > v ' - �• n '� t F HanokahOU , Honokohau J I � Maim Fbfnt Honokohau ` Srna4 Boat Harbor 0 K oio Point. n I - ;'. { a Ftesej+airs Kaiwi Point L d!p so o� _ Tank as 1 ry L * d •.� F 19 O tiii c' O A AIRPORT _ c TE REATIOM AREA K"huolu Point Po wa i -►� goy e pohokWb Ir �. l?rbj ert area a ' i.. ' r8 Rtj ht), 0 .25 -5 l km coKSTcUnreas Portion of U.S.&S.7.5 minute series quadrangle Kcahole Point, HI 1996 Project area location. N it .�� • �� g a I t Log Lo � � _ •+ ? yy� ti5 of q i ©_ . Y� tl�.M' 0 n ���p �1 Sr O _ � �� • .. Yreka S v�'4± !+ 1' Y � , s no n c a � 7 .��- •� �.� +J g o Ca s �` n_°:«vr T �� 01. f Z ,7 r cawu ���'��� � AM— .:. a ��: •l @ rwr•w we�.i - � � � � R I� s � Ilk z s � t i� di d _ SUBJECT �_. . z I'- PAROL W1,71 00r f a Vir- Id Kona Airport Park ti 40 Ererea ' r �u aptmok Palnt'" 1A � .•I� �1;1 Y 1 0 Prqjeci area 0 50 100 200 vi Area of detail war r 404 i so � R y a o a hRZ n k � "�+ u 3 m`m w� �"]n•]�Q o _a aj o� � � 4 .❑ 0t' N°cit �5-�"7� n 14 1 VZ9 4 u-qT 19.66Z ry [ (� � C ❑ y p � Uj.a a^. •C Fes- 2 r lr]l i a a LO �' _ U a� in ryca' d � N Z .a kl C ziL'ILg zi ' a n G v � 4, ❑ cn� rna s� a :3LD § t `- Q ❑ IN LLI r" r 14 Zj I � � +')---6--------------- O W O C3 wpu�j m QcyQ n ZL a 61Z-M, LO n d gq �yr. tylr`� �L a wLU �c N: v a ry a ¢s io w O! n z cl ap n ciLZiI O =4 [� 3 �6 p Cf% Lo vi A Q N w 1 o �r, �+ F �o � •�1 U trt a � ���4 �� '�► 1 - ate. v � �� 3 1 a 'v— w + ___ fhe wtrv� ❑s evidencedial e a 2 motes of da011% Mej2.216 `z tc 4 �3 n thed a an Sept., 8, ❑ ❑ Q ,t- � v follows�t a debnsp line��Fere Y Sh eline � w and ds Previously t C� � m NaUPpkQ Hedge o CA c ryf06-64 E -� H ❑ fl 7v •. �— a 9 s a s y ❑ ' 97 28.9 ❑i! (Found� 1 i�• 7 Nail {round) ro m m Q3 r of fess} 9968 uMf o R., deg°�e tember 8• ar urIO Boundary(ollo�WB 310� ust'cort jad 23 �y oPP ban N 're ber 295��9f S El Q q a n cv z1b L� NICHOLSON DESIGN �'UILD MANAGE May 23, 2022 APPLICANT: John and Shelli Meneghetti, The Meneghetti Revocable Trust LOCATION: TMK: (3)7-5-005:095, approx. 0.38 ac., situated at Lanihau Nui, District of North Kona, County and Island of Hawaii SUBJECT: Special Management Area Major Use Permit Application to Construct a New Single-Family Dwelling and Related Improvements for Personal Use Dear Property Owner: Please be advised that John and Shelli Meneghetti of the Meneghetti Trust are seeking a Special Management Area Major Use Permit to allow for the construction of a new single-family dwelling and related improvements upon TMK: (3)7-5-005:095, 75-5434 Kona Bay Drive. The property is located along Kona Bay Drive, two parcels south of Old Kona Airport State Recreation Area, within the Kona Bay Estates. The property is a vacant and relatively level, ranging from 9 to 12 feet above sea level. The entire property has been previously mechanically graded. No streams, sensitive native plants, or archaeological preservation sites are present within the property. The plan for the residence is a two-story structure with a maximum height of 23 feet and 7 inches above existing grade and 3,672 square feet (sf) of interior space. It will contain 5 bedrooms and 4.5 baths, an open living room and kitchen, a laundry room, and a pantry room. In addition, there will be a two-car garage, lanai, and a swimming pool. The proposed development will connect to existing utility lines along Kona Bay Drive. The Total Development Area of the residence, which counts features such as lanai, swimming pool, and garage is 4,798 square feet (sf). Home materials include Hardie plank siding, board and batten siding, and rock walls. The subject parcel is zoned as residential. The proposed single-family residence is in accordance with the property's intended zoning. Copies of an aerial of the Property and the Site Plan are attached for you reference. In accordance with Hawaii County Zoning Code, Section 25-2-4, we are notifying owners of interests in properties within 300 feet of the perimeter boundary of the Property of the filing of the SMA Major Use Permit Application. In accordance with Planning Commission Rules of Practice and Procedure, you have the right to submit a written request for a contested case procedure in this matter on the attached form titled "Petition for Standing in Contested Case Hearing." This request shall be filed with the Planning Commission at Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawai'i 96720, accompanied by a filing fee of $200 payable to the Director of Finance. PC Box 5500 Kaiiva-Kona, HI 96740 ■ (808) 331-1511 www.nicholsonhawaii,com■ Lic BC-23867 Z11 NICHOLSON 1)ESIGN BUILD MANAGE The request shall be submitted no later than seven (7) calendar days prior to the Commission's first scheduled public hearing to consider the SMA Major Use Permit request. In the event that you choose not to submit a written request for a contested case procedure, you may express your support/opposition in writing or by oral testimony at the Planning Commission public hearing to be scheduled. A second public notice will be sent to you informing you of the date, time and place on which the Planning Commission hearing will be held to consider the SMA Major Use Permit Application request. The SMA Major Use Permit Application for the properly currently under consideration was submitted May 20, 2022 and is on file in the offices of the Planning Department in the Aupuni Center, Pauahi Street, Suite 3, Hilo, Hawaii 96720, and Planning staff can be contacted at (808)961-8288. The SMA Major Use Permit Application files are also available at the Planning Department's West Hawaii Office, 74-5044 Ane Kea holcalole Highway, Building E, KaIIuo-Kona, Hawaii 96740, and Planning Department staff can be reached at (808)323-4770. These public files are open to inspection during normal office hours. Attachments: Tax Map, Aerial of Property, Site Plan, Petition for Standing in Contested Case Hearing Sincerely, Winton Nicholson Nicholson, LLC 75-118 Lunapule Rd. Kailua-Kona, HI 96740 PO Box 5500 Kailua-Kona, HI 96740 ■ (808) 331-1511 www.nicholsonhowaii.com• Lic BC-23867 N it .�� • �� g a I t Log Lo � � _ •+ ? yy� ti5 of q i ©_ . Y� tl�.M' 0 n ���p �1 Sr O _ � �� • .. Yreka S v�'4± !+ 1' Y � , s no n c a � 7 .��- •� �.� +J g o Ca s �` n_°:«vr T �� 01. f Z ,7 r cawu ���'��� � AM— .:. a ��: •l @ rwr•w we�.i - � � � � R I� s � Ilk z s � t i� di d _ SUBJECT �_. . z I'- PAROL W1,71 00r f Area of detail war r 404 i so � R y _ C"? cit. Lh[iS iu Y�'�ti��hk S �Yo_n��T:Oy Y£hi•C_ MIND- ' =7104 NOD-)l1815NO3 M3N g350d071d V A aa pp ° a E rfiIII § C �'s [� �t }I to € - ea sJ /JR a k - AA 060 I 0 �: !� � �. y _ � 00 Lfj �� I � ❑ ��� � _ _ �i .11,x' .a f 1' i �' 1 i1� • r r �r 1 �:���• � 1 r, Ll s'. PETITION FOR STANDING IN A CONTESTED CASE HEARING (Page 1 of 2) NAME: ADDRESS: PHONE NO.: APPLICANT/ DOCKET NO.: A. Is your interest in this matter clearly distinguishable from that of the general public? Yes No If the answer is "yes", please explain: If the answer is "no", please explain how the proposed action will nevertheless cause you actual or threatened injury: & Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No If the answer is "yes", please explain the nature of the agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes No If the answer is "yes", please explain: Appendix A PETITION FOR STANDING IN A CONTESTED CASE HEARING (Page 2 of 2) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural, or religious purposes? Yes No If the answer is "yes", please submit any genealogical evidence and historical evidence showing the exercise of those rights to support your statement: Petitioner's Signature STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2d , before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. 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O -O p Oi U Q 9,? oil {Foun o 1 T4 Noll (t aundJ ;4/` t� }7 TTT °co �° co p r r�G, �t.. acN "f tiriR� 299 94 b$e 6 1989 and 2 O O a deg 0 muoush cei'ficd °° Nou�r+ ❑ o �. a gPundary ON pra Io Planning Dept..4 C) N N Exhibit 2 � '� DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HIEO, HAWAII DATE. July 13, 2022 Xem""41411111110 TO: Planning Director FROM. Department of Public Works, Engineering Division t SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000017y Request: To Construct a Single-Family Dwelling & Related Development Applicant: John Meneghetti and Shelli Meneghetti TMK: 7-5-005-095 We have reviewed the subject request forwarded by your memo dated June 16, 2022 and provide the following comments- 1. omments-1. The subject parcel is in an area designated as Flood Zone D and VE on the Flood Insurance Rate Map (FIRM} by the Federal Emergency Management Agency (FEMA). Zone D corresponds to unstudied areas where flood hazards are undetermined, but possible_ Zone AF is the Special Flood Hazard Area inundated by the 104-year flood (1% chance of occurring in any given year) with Base Flood Elevations determined. All construction within Flood Zone AE shall comply with Chapter 27, Floodplain Management, of the Hawaii County Code. 2. All earthwork and grading shall conform to Chapter 10. Erosion and Sediment Control, of the Hawaii County Code. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dep,. Exhibit 3 County of Hawaii is an Equal 0p}x+rt1t11q Nrovidcr and L mployer DAVID Y.ICE 6 0�,�- ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII � s �y DIRECTOR OF HEALTH t ;1 STATE OF HAWAII DEPARTMENT OF HEALTH P.Q. BOX 916 HILA,HAWAII 96721-0916 MEMORANDUM DATE' June 30, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM; Eric Honda District Environmental Health Program Chief SUBJECT: Special Management Area Use Permit Application (PL-SMA-000017) Applicant: John Meneghetti and Shelli Meneghetti Request: To Construct a Single-Family Swelling and related Developinent TMK: 7-5-005:095, North Kona, Hawaii Constriction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11.46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917- The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. Planning Dept. Exhibit 4 MTY OI k{ Mitchell D. Roth ',�v Ramzi 1.Mansour Director Mayor Lee Lord +;�r,•,•�*y��•` Deputy Director Brenda Iokepa-Mases +er t u Managing Director H County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Keicuanao'a Street,Suite 41 •Hilo,Hawai'i 96720•cohdemahawaiicounty.gov Ph:(808)961-8083 - Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi 1. Mansour,Director Department of Environmental Management DATE: June 30, 2022 SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000017) Applicant: John Meneghetti and Shelli Meneghetti Request: To Construct a Single-Family Dwelling and Related Development Tax Map Key: (3) 7-5-005:095, North Kona, Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): ( } No comments. ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. ( ] Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. { } Ample and equal room should be provided for rubbish and recycling, (X ) Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. (X ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attacher/ guidelines. [ } Existing Solid Waste Management Plan is to be followed, Provide update to the department on current status. ( } Other: Planning Dept. Exhibit 5 County of Hawaii is an Equal Opportunity Provider and Employer Ramzi 1. Mansour, Director June 30, 2022 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): ( } No comments. X } Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( } Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawaii County Code. Complete Sewer Extension Application. { } Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. } Check or Iine out as applicable. [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] Applicant shall conduct a sewer study in accordance with the applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. { ) Proposed activity may be subject to existing or future federal, state, or county regulation under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned treatment works. Contact the Hawaii Department of Health for information regarding pretreatment standards. } Applicant shall follow Department of Health regulations. No Hawaii County sewer system in area. ( } Other; R-M:Qis 2 �E. OF kq SULANNE a CASE DAVID Y.IGE a4 19 as q CH A[RFERSON GOVERNOR OF HAWAII I40:7 NJ)OFI-AN1)ANi)NATURAL RRSOt•RC KS CONINUSSJO'N ON WA 1TR py,"rkCE r t' MANAC_;XN1ENT iS S: STATE OF HAWAII srarn vl Flaws DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE RON 621 HONOLULU.HAWAII 96809 Jun 3, 2022 MEMORANDUM FROM: To- DLNR Agencies: Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division (DLNR ENGRAhawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terrago(a7hawaii.gov) X Div. of State Parks (curt.a.cottrell[a)hawaii.gov} X Commission on Water Resource Management (DLNR.CWRM@hawaii.gov) X Office of Conservation & Coastal Lands (s harleen.k.kuba(o-�hawaii.gov} X Land Division — Hawaii District {gordon.c.heitahawaii.gov} TO: FROMRussell Y. Tsuji, Land Administraton�4tys� 7k-ry' SUBJECT: Special Management Area Major Use Permit Application to Allow Construction of New Single-Family Dwelling LOCATION 75-5434 Kona Bay Drive, Kona, Island of Hawaii; TMK: (3) 7-5-005:095 APPLICANT: Nicholson LLC on behalf of the Meneghetti Trust Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by June 22, 2022. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamuraaC-7hawaii.gov. Thank you. BRIEF COMMENTS: ( } We have no objections. ( } We have no comments. ( } We have no additional comments. (V) Comments are included/attached— Signed: _aE Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Jun 14, 2022 Attachments cc: Central Files Planning Dap,. Exhibit 6 __ DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Management Area Major Use Permit Application to Allow Construction of New Single-Family Dwelling Location: 75-5434 Kona Say Drive, Kona, Island of Hawaii TMK: (3) 7-5-005:495 Applicant: Nicholson LLC on behalf of the Meneghetti Trust COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations(44CFR), are in effect when development fails within a Special Flood Hazard Area (high-risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMs can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT)(http://gis.hawaiinfip.org/FHAT) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768.8098. a Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327, a Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139. a Kauai: County of Kauai, Department of Public Works(808)241-4849. Signed: A71— CA'KT'Y S. CHANG, CHIEF ENGINEER Date: Jun 14,2022 pS"t 6,f h4 SLZAA'�D.G4SE ti �,19 s9 4 [7i.►{itp$R$p1 DAM Y.i(3E ROAKD OV LAN NO NATUTUL RESOMCEB cOuERruoR pP MAwAq CY7NOMSstm pti WATT.R RES01 HCE c'f oS�and,yard !•:� m. _�C STATE OF HAWAII Sr''� oFHa'+'aP DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Jun 3,2022 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation XEngineering Division (DLNR.ENGR@hawaii.gov) X Div. of Forestry&Wildlife (rubyrosa.t.terragoCa�hawaii.gov} X Div. of State Parks (curt.a.cottrellCa7hawaii.gov) X Commission on Water Resource Management (DLNR.CWRMghawaii,gov) X Office of Conservation & Coastal Lands (sharleen.k.kuba[a7hawaii.gov} XLand Division — Hawaii District (gordon.c.heit@hawaii.gov) FROM: Russell Y. Tsuji, Land Administrato0z,,�r'Kyi SUBJECT: Special Management Area Major Use Permit Application to Allow Construction of New Single-Family Dwelling LOCATION: 75-5434 Kona Bay Drive, Kona, Island of Hawaii; TMK: (3) 7-5-905:995 APPLICANT: Nicholson LLC on behalf of the Meneghetti Trust Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by June 22, 2022. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamuraCa7hawaii.gov, Thank you. BRIEF COMMENTS: ( ) We have no objections. ( } We have no comments. [ } We have no additional comments. (®} Comments are included/attached. Signed: Print Name: LAINIE BERRY, Wildlife Program Manager Division: Division of Forestry and Wildlife Date: Jul 7, 2022 Attachments cc: Central Files Planning Dept. Exhibit 7 SUZANNE D.CASE D y-- C71AlitPEll9rn: UaY[D 1,1[;F "C r•'«."..,,,,4�Y BD.Vc37UFEA.I"bA'tltiAi1:RALBLSULRC'ES a,... CN�"E�L\L1A llh'E3.9 V�""1f1 �.Er r X958 K yy: ON WA WATERRFIUL'R[E bLatiiGEt[LNT . 5 ROBERT K MASUD► Iwtri _ f�T ALRT' a AL KA LEU NLLNUEL gn L@YC.75'MUCiOR•WATER d. cZ � q b CPAILRRC ORE ER OF COWEYkKCE4 B R4 STATE OF HAWAII � �,=«GJ0.,ON WAIER USO WE MAN-AQWIN7 IiA'NA�t (� 'RR�AW AZD COASTAL LAKs DEPARTMENT O LAND AND NATURAL RESOURCES �k`A� �L;TEPJ:Gg�'F°"`�.7 DIVISION of FORESTRY AND WILDLIFE F�oeifM_WMA`fON 1151 PUNCHBOWL STREET,DOOM 325 ;L&HDDLAVM'.M�XDRESERVE MM)"SSLON LN D HONOL ULUT HAWAII 96813 STATE,rnnxs July 5, 2022 MEMORANDUM Log no. 3703 TO: RUSSELL Y. TSUJI, Land Administrator Land Division FROM: LAINIE BERRY, Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Division of Forestry and Wildlife Comments for the Special Management Area (SMA) Major Use Permit Application to Construct a New Single-Family Dwelling on Hawaii Island The Department of Land and Natural Resources, Division of Forestry and Wildlife(DOFAW)has received your request for comments regarding the SMA Major Use Pen-nit to construct a new single-family dwelling located at 75-5434 Kona Bay Drive,Kona,on the island of Hawaii,TMK. (3)7-5-005:095. The proposed project consists of developing a two-story residential structure with a maximum height of 23 feet and 7 inches above the existing grade and 3,672 square feet of interior space. The total development area of the residence is 7,798 square feet and includes a two-car garage, lanai, and swimming pool. The State listed Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus Ch7ereus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup rearing season (.Tune I through September 15). During this period woody plants greater than 15 feet (4,6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should also be avoided for any construction because bats can become ensnared and killed by such fencing material during flight. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in their collision with manmade structures Or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used to be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15. This is the period when young seabirds take their maiden voyage to the open sea. Permanent lighting also poses a risk of seabird attraction,and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird-friendly light styles that also protect seabirds and the dark starry skies of Hawaii please visit https://dinr.hawaii.aov/wildlife/files/2016/03/ DOC439.pdf. The State listed Hawaiian Goose or Nene (Branca sanad,icensiy) could potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any are present during construction, then all activities within 140 feet (30 meters) should cease, and the bird or birds should not be approached. Work may continue after the bird or birds leave the area of their own accord. If a nest is discovered at any point, please contact the Hawai`i Island Branch DOFAW Office at(808) 974-4221. The State endangered Hawaiian Monk Seal (Monachus schauinstandi) and threatened Green Sea Turtle (Chelonia mydas) could potentially occur or haul out onshore within the vicinity of the proposed project site. If either species is detected within 100 meters of the project area add nearby construction operations should cease and not continue until the focal animal has departed the area on its own accord. State endangered Yellow-faced bees(Hvlaeus spp.)populations are known to be present along the west, north, and south coastline regions of Hawaii Island. Due to the potential occurrence of this species in these areas, DOFAW recommends surveys done by an entomologist be conducted before work occurs at the proposed project site. Yellow-faced Bee surveys should occur between the months of April to November. The State listed Hawaiian Hawk or `lo (Buten sc�litai-hts) may occur in the project vicinity. DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees are to be cut. `Io nests may be present during the breeding season from March to September. The project area is within the range of the State listed Blackburn's Sphinx Moth (Manduca blackbur ni) or SSM. Larvae of BSM feed on many nonnative hostplants that include tree tobacco (Nicotiana glauca),which grows in disturbed soil. We recommend contacting the Hawaii Island Branch DOFAW office at (808) 974.4221 for further information about where BSM may be present and whether a vegetation survey should be conducted to detenn+ne the presence of plants preferred by BSM. DOFAW recommends removing plants less than one meter in height or during the dry time of the year to avoid harm to BSM. If you intend to either remove tree tobacco over one meter in height or to disturb the ground around or within several meters of these plants, they must be thoroughly inspected by a qualified biologist for the presence of BSM eggs and Iarvae. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain invasive fungal pathogens (e.g_, Rapid `Ohl`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coconut Rhinoceros Beetles), or invasive plant parts that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at (808) 933-3340 to help plan, design, and construct the project, learn of any high-risk invasive species in the area, and ways to mitigate their spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. DOFAW recommends using native plant species for landscaping that are appropriate for the area (i.e., climate conditions are suitable for the plants to thrive, historically occurred there, etc.). Please do not plant 'invasive species. DOFAW also recommends consulting the Hawaii-Pacific Weed Risk Assessment website to determine the potential invasiveness of plants proposed for use in the project (https://sites.google.comlsite/weedriskassessment/hoine). Please refer to www.plantpono.org for guidance on the selection and evaluation of landscaping plants. We appreciate your efforts to work with our office for the conservation of our native species.These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted,please contact our staff as soon as possible. If you have any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning Coordinator at(808) 295-1123 or paul.m.radley@hawaii.gov. Sincerely, 2-aldlc-9"7 LAINIE BERRY Wildlife Program Manager wOle , k STATE OF HAWAII iY Y.IGE OFFICE OF PLANNING DavlO GflVERNOF RIJQF 5 & SUSTAINABLE DEVELOPMENTMARYALlCEEVANS A L4aecrQR A - - � _ 235 South Beretania Street,8th Floor, Honolulu, Hawaii 96813 Telephone: (808)587-2846 •-•.,;;;;,-,;;:.:'l' Mailing Address: P.O.Box 2359,Honolulu,Hawaii 95814 Fax' [808)567-2824 Web: http:10planning-hawpii,govl Coastal Zone DTS 202206170858NA Management Program July 14, 2022 Environmental Review Program Land Use Commission Mr. Zendo Kern, Director Department of PIanning Land Use Division County of Hawaii East Hawaii Office Special Plans Branch 101 Pauahi Street, Suite 3 State Transit-Oriented Hilo, Hawaii 96720 Development Statewide Geographic Attn: Mr. Alex Roy Information System Dear Mr. Kern: Statewide Sustainability Branch Subject: Special Management Area Use Permit Application(PL-SMA-7022- 000017) to Construct a Single-Family Dwelling and Related Improvement, North Kona, Hawaii; Tax Map Ke_v: (3) 7-5-005: 095 Thank you for the opportunity to provide comments on the subject Special Management Area(SMA)Use Permit Application (PL-SAA-2022-000017) for construction of a single-family dwelling and related improvement, transmitted via memorandum dated June 16, 2021 According to the subject Application, Meneghetti Trust seeks a SMA L)se Permit to constrict a two-story,4,798 square foot, 5 bedroom, 4.5 bath single- family residence and related improvements, which include a swimming pool, garage, and lanai on a 038-acre lot in Kailua-Kona on the Island of Hawaii. The subject property is a shoreline parcel situated between roughly 9 and 1 1 feet above mean sea level. No vegetation is present within the buildable area of the subject parcel. The property is situated within the State Land Use" Urban" zone district. The parcel 1s zoned Residential Single Family, 15,000 square feet(RS-15)by the County of Hawaii, The current estimated cost of the improvements is S 1,700,000. The project would initiate after completion of the final design and the granting of all necessary permits. Planning Dept. Exhibit 8 Mr. Zendo Kern July 14, 2022 Page 2 The Office of Planning and Sustainable Development(OPSD) has reviewed the subject SMA Use Permit Application, and has the following comments to offer; 1. The OPSD suggests that the subject application provide a regional location map of the subject property on the Island of Hawaii, with the project site in relation to the county designated SMA. 2. The application needs to provide a site plan with the distance of the proposed residential structure from a certified shoreline to ensure that no structure including swimming pool and associated construction activities will be proposed within the shoreline area as defined in HRS § 205A-41.. 3. The OPSD suggests that the subject application provide the pictures of existing surroundings along the shoreline and from line of sight toward the sea from the highway nearest the coast. The application should specifically discuss the design, including material, color and height of the proposed two-story residential building to minimize any potential impacts on the existing public views to and along the shoreline. 4. The Hawaii Sea Level Rise Vulnerability and Adaptation Report 2017 was accepted by the Hawaii Climate Change Mitigation and Adaptation Commission. The Hawaii Sea Level Rise Viewer at httt)s://www.pacioos.hawaii.edu/shoreline/slr-hawaii/particularly identifies a 3.2-foot sea level rise exposure area across the main Hawaiian Islands which may occur in the mid to latter half of the 21" century. Though unlikely the application should provide a map of the 3.2-foot sea level rise exposure area in relation to the property area, and consider whether site-specific mitigation measures are necessary to respond to impacts of sea level rise, storm surges,high tide and shoreline features on the proposed residential development. 5. The proposed residential development shall not affect the existing 4-foot wide easement for public access along the shoreline, located at the makai side of the property. The project shall minimize potential traffic impacts, including ingress and egress effects of vehicle traffic, generated from the proposed construction, on public access to the shoreline and the adjacent park recreation area_ 6. The exterior lighting and lamp posts associated with the proposed residence project shall be cut-off luminaries to provide the necessary shielding to mitigate potential light pollution in the coastal areas, and lessen possible seabird strikes. No artificial light, except as provided in HRS §§ 205A-30.5(b) and 205A-71(b), shall be directed to travel across property boundaries toward the shoreline and ocean. 7. The ocean off the coast of the subject property is considered a Marine Life Conservation District. The application shall discuss site-specific best management practices, including Mr. Zendo Kern July 14, 2022 Page 3 protection of stockpiles and erosion control blankets, as appropriate, to confine the proposed construction activities, and prevent potential soil contaminants and polluted runoff from adversely impacting the State waters as specified in Hawaii Administrative Rules Chapter 1 ]-54. If you have any questions regarding this comment letter, please contact Shichao Li of our office at(SOS) 557-2841 or by email at shichao.li @ hawaii.gov. Sincerely; Mary Alice Evans Director J1J 22 2022°mom 23 F 19� iB DEPARTMENT OF WATER SUPPLY - COUNTYOF HAWAII 01, ra� 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAI'I 96720 Oy 73AW�R' TELEPHONE (808) 961-8050 • FAX (808) 961-8657 July 21, 2022 TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto,Manager-Chief Engineer SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000017) Applicant--John Meneghetti and Shelli Meneghetti Request—To Construct a Single-Family Dwelling and Related Development Tax Map Key 7-5--005.095 We have reviewed the subject application and have the following comments and conditions. The Department has no objections to the subject application as there is one (1) existing 518-inch meter (Account No. 857-97726)assigned to the subject parcel. For your information. one (1) unit of water allows for an average daily usage of 400 gallons served through a 518-inch meter, and is suitable for one (1) single-family dwelling. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at (808) 961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy—Mr. John Meneghetti and Ms. Shelli Meneghetti Planning Dept. Exhibit 9 • • . Water, Our Most(Precious W§source. . . Wfl '[Nal,4 Parte. . . The Department of Water Supply is an Equa}Opportunity provider and employer. July 26,2022 SMA Major Use Permit Application,Comments Response,TMK:(3)7-5-005:095 Plan Number:PL-SMA-2022-000017 Page 1 of 5 Hello Alex, We compiled all comments from the varying departments regarding our SMA application below. Please see our response to each comment in italics. I. Department of Environmental Management(DEM) Comments Date: June 30, 2022 1. Green waste may be transported to the green waste sites located at the West Hawai'i Organics Facility and East Hawai'i Organics Facility, or other suitable diversion programs. o All green waste will he transported to the West Hawai'i Organics Facility or other suitable diversion programs. 2. Construction and demolition waste is prohibited at all County Transfer Stations o All construction and demolition waste will he disposed of properly and not taken to a County Transfer Station. 3. Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. o An existing sewer line is located along Kona Bay Drive. The proposed residence will connect to this existing sewer line within one hundred eighty days after date of official notice per Section 21-5 of the Hawai'i County Code. 11. Department of Land and Natural Resources (DNLR)—Engineering Division Comments Date: June 30, 2022 1. The rules and regulations of the National Flood Insurance Program(NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area(high-risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. o Understood. The proposed project will meet the minimum standards as set forth by the NFIP as well as those of local guidelines. 2. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood Hazard Assessment Tool(FHAT) could also be used to research flood hazard information. o Understood. The subject property is within the Zone D and Zone AE, with a Base Flood Elevation of 10 ft. The proposed residence will entirely he within the area of Zone D. The bottom of the lowest horizontal structural member and finish floor elevation will he ahove the Base Flood Elevation. 111. Division of Land and Natural Resources (DLNR)—Division of Forestry and Wildlife Comments Date: June 30, 2022 1. The State listed Hawaiian Hoary Bat or'Ope'ape'a(Lasiurus cinereus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees.Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup rearing season(June 1 through September 15). During this period woody plants greater than 15 feet(4.6 meters) tall should not be disturbed,removed, or trimmed. Barbed wire Planning Dept. Exhibit July 26,2022 SMA Major Use Pern-it Application,Comments Response,TMK:(3)7-5-005:095 Plan Number:PL-SMA-2022-000017 Page 2 of 5 should also be avoided for any construction because bats can become ensnared and killed by such fencing material during flight. o The subject property has been previously cleared of vegetation. No trees will be disturbed by the proposed project. No barbed wire fences will he used in the process Of construction as well. 2. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in their collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used to be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15. This is the period when young seabirds take their maiden voyage to the open sea. Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird-friendly light styles that also protect seabirds and the dark starry skies of Hawaii please visit https://dlm.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. o There will he no nighttime work between September 15 to December 15 to avoid light attraction during seabird fledgling season.All permanent architectural lighting installed on the property will be fully shielded down lights per the recommendation of acceptable seabird friendly lighting solutions. Landscape lights will he low profile bollards with louvers per the recommendation of acceptable seahird friendly lighting solutions as well. 3. The State listed Hawaiian Goose or Nene(Branta sandvicensis)could potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any are present during construction, then all activities within 100 feet(30 meters) should cease, and the bird or birds should not be approached. Work may continue after the bird or birds leave the area of their own accord. If a nest is discovered at any point,please contact the Hawaii Island Branch DOFAW Office at(808) 974-4221. o Understood. If a Hawaiian Goose or Nene appears, all activities within 100 feet will cease until the bird or birds leave of its own accord. 4. The State endangered Hawaiian Monk Seal(Monachus schauinslandi) and threatened Green Sea Turtle (Chelonia mydas) could potentially occur or haul out onshore within the vicinity of the proposed project site. If either species is detected within 100 meters of the project area all nearby construction operations should cease and not continue until the focal animal has departed the area on its own accord. o Understood. If a Hawaiian monk Seal or Green Sea turtle occurs onshore within 100 meters of the project area, all construction will cease until the animal has left the area of its own accord. 5. State endangered Yellow-faced bees (Hylaeus spp.)populations are known to be present along the west, north, and south coastline regions of Hawaii Island. Due to the potential occurrence of this species in these areas, DOFAW recommends surveys done by an entomologist be conducted before work occurs at the proposed project site. Yellow-faced Bee surveys should occur between the months of April to November. o During a recent site survey, no vegetation was noted on site, except for a maintained hedge of naupaka along the shoreline, makai of the construction zone. Although the sate endangered yellow face bees are present within the region, no nests would he expected to he found within the construction site, which is only gravel. The naupaka hedge are to remain undisturbed and protected from construction activities. July 26,2022 SMA Major Use Permit Application,Comments Response,TMK:(3)7-5-005:095 Plan Number:PL-SMA-2022-000017 Page 3 of 5 6. The State listed Hawaiian Hawk or' Io (Buten solitarius)may occur in the project vicinity. DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees are to be cut. 'Io nests may be present during the breeding season from March to September. o No trees present on site and no trees are intended to he cut. We do not anticipate adverse impacts to the Hawaiian Hawk. 7. The project area is within the range of the State listed Blackburn's Sphinx Moth(Manduca blackburni) or BSM. Larvae of BSM feed on many nonnative hostplants that include tree tobacco Nicotiana glauca),which grows in disturbed soil. We recommend contacting the Hawaii Island Branch DOFAW office at(808) 974-4221 for further information about where BSM may be present and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM. DOFAW recommends removing plants less than one meter in height or during the dry time of the year to avoid harm to BSM. If you intend to either remove tree tobacco over one meter in height or to disturb the ground around or within several meters of these plants, they must be thoroughly inspected by a qualified biologist for the presence of BSM eggs and larvae. o We reached out to DOFAW regarding the presence of BSM. Since there is no vegetation within the proposed construction area (the site has been previously graded), we do not anticipate adverse impacts to the BSM. 8. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain invasive fungal pathogens (e. g.,Rapid 'Ohi'a Death), vertebrate and invertebrate pests (e. g., Little Fire Ants, Coconut Rhinoceros Beetles), or invasive plant parts that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at(808) 933- 3340 to help plan, design, and construct the project, learn of any high-risk invasive species in the area, and ways to mitigate their spread. All equipment,materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. o All excavated or cleared soil will he staying on site and will be reappropriated to form the building pad. We do not anticipate the spread of invasive species as the site has already been cleared and consists of only dirt and gravel. 9. DOFAW recommends using native plant species for landscaping that are appropriate for the area(i.e., climate conditions are suitable for the plants to thrive,historically occurred there, etc.). Please do not plant invasive species. DOFAW also recommends consulting the Hawai'i- Pacific Weed Risk Assessment website to determine the potential invasiveness of plants proposed for use in the project(https://sites.google.com/site/weedriskassessment/home). Please refer to www.plantpono.org for guidance on the selection and evaluation of landscaping plants. o All proposed plants for landscaping are considered low risk or native species according to www.plantpono.org. IV. Department of Health(DOH) Comments Date: June 30,2022 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. o Understood.A noise permit will besought if the noise levels from construction activities are expected to exceed allowable levels. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. July 26,2022 SMA Major Use Permit Application,Comments Response,TMK:(3)7-5-005:095 Plan Number:PL-SMA-2022-000017 Page 4 of 5 o Understood. Construction equipment and on-site vehicles will he equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. o Understood. The contractor will comply with construction requirements specified in the rules and conditions of the issued permit. V. Department of Public Works,Engineering Division(DPW-ENG) Comments Date: July 13, 2022 1. The subject parcel is in an area designated as Flood Zone D and VE on the Flood Insurance Rate Map(FIRM)by the Federal Emergency Management Agency(FEMA). Zone D corresponds to unstudied areas where flood hazards are undetermined,but possible. Zone AE is the special Flood Hazard Area inundated by the 100-year flood(I% chance of occurring in any given year)with Base Flood Elevations determined. All construction within Flood Zone AE shall comply with Chapter 27,Floodplain Management, of the Hawaii County Code. o Understood. The subject property is within the Zone D and Zone AE, with a Base Flood Elevation of 10 ft. The proposed residence will entirely be within the area of Zone D. The bottom of the lowest horizontal structural member and finish floor elevation will be above the Base Flood Elevation. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. o Understood.All earthwork and grading will conform with Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. VI. Office of Planning and Sustainable Development(OPSD) Comments Date: July 14, 2022 2. The OPSD suggests that the subject application provide a regional location map of the subject property on the Island of Hawaii,with the project site in relation to the county designated SMA. o Please seethe attached Figure A showing the site in relation to the county designated SMA. 3. The application needs to provide a site plan with the distance of the proposed residential structure from a certified shoreline to ensure that no structure including swimming pool and associated construction activities will be proposed within the shoreline area as defined in HRS § 205A-41. o Understood. Please reference the Site Plan uploaded with the initial SMA Application. It shows the Certified Shoreline as well as the 40ft Shoreline Setback, ensuring that the proposed swimming pool and associated construction activities are located mauka of this boundary. 4. The OPSD suggests that the subject application provide the pictures of existing surroundings along the shoreline and from line of sight toward the sea from the highway nearest the coast. The application should specifically discuss the design, including material, color and height of the proposed two-story residential building to minimize any potential impacts on the existing public views to and along the shoreline. o The view from the highway nearest the coast, Kuakini Highway,presently looks through an outdoor hockey rink towards some trees and the ocean beyond. Please see Figure B for the view in reference—images show the view to the ocean before and after the proposed development. The color and materials of the house are of a dark scheme, to blend in with the lava rock and the natural surroundings. The July 26,2022 SMA Major Use Pern-it Application,Comments Response,TMK:(3)7-5-005:095 Plan Number:PL-SMA-2022-000017 Page 5 of 5 proposed height is 34'above sea level, 23.5'above finished grade. The height is within the maximum building envelope and is consistent with the height of the houses in the rest of the neighborhood at Kona Bay Estates.Additionally, Figure B shows the views along the shoreline. This area is to remain untouched and undisturbed during and after construction. 5. The Hawaii Sea Level Rise Vulnerability and Adaption Report 2017 was accepted by the Hawaii Climate Change Mitigation and Adaptation Commission. The Hawaii Sea Level Rise Viewer at htips://www.pacioos.hawail.edu/shoreline/slr-hawaii/particularly identifies a 3.2-f000t sea level rise exposure area across the main Hawaiian Islands which May occur in the mid to latter half of the 2st century. Though unlikely the application should provide a map of the 3.2-foot seal level rise exposure area in relation to the property area, and consider whether site-specific mitigation measures are necessary to respond to impacts of sea level rise, storm surges,high tide and shoreline features on the proposed residential development. o Please see Figure C attached. Figure C shows the 3.2 foot sea level rise exposure area in relation to the subject property. The sea rise at the subject appears minimal according to the map.Additional site-specific mitigation measures will not he necessary to respond to the impacts of sea level rise. 6. The proposed residential development shall not affect the existing 4-foot wide easement for public access along the shoreline, located at the makai side of the property. The project shall minimize potential traffic impacts, including ingress and egress effects of vehicle traffic, generated from the proposed construction, on public access to the shoreline and the adjacent park recreation area. o Understood. The proposed residential development will not impact the existing 4-foot wide easement for public access along the shoreline.Additionally, the project will minimize potential traffic impacts generated from the proposed construction. 7. The exterior lighting and lamp posts associated with the proposed residence project shall be cut- off luminaries to provide the necessary shielding to mitigate potential light pollution in the coastal areas, and lessen possible seabird strikes. No artificial light, except as provided in HRS §§ 205A- 30.5(b) and 205A-71(b), shall be directed to travel across property boundaries toward the shoreline and ocean. o All permanent architectural lighting installed on the property will be fully shielded down lights per the recommendation of acceptable seabird friendly lighting solutions as well as to mitigate potential light pollution. Landscape lights will be low profile bollards with louvers. No light shall be directed across the property boundaries toward the shoreline and ocean. 8. The ocean off the coast of the subject property is considered a Marine Life Conservation District. The application shall discuss site-specific best management practices, including protection of stockpiles and erosion control blankets, as appropriate, to confine the proposed construction activities, and prevent potential soil contaminants and polluted runoff from adversely impacting the State waters as specified in Hawaii Administrative Rules Chapter 11-54. o All erosion is to be contained on site with the use of erosion control blankets to prevent runofffrom escaping the site and impacting the surrounding environs as specified in Hawaii Administrative Rules Chapter 11-54. Y P N E CS c3 W LO m O [7 z E O L7 LO D c 00 � 2 r n o r o � ry o _ 0 0 � W W_ T. W L }• r U un ❑ o Q J o W Q C? T n Q N co a3 Q N E O � cz CJY co Z ]C CN QCL CN N V N � � 1 rsaseowravtrt.� y . •- 91� r r r FIGURE B _s 1� Gaar'1 i�f�R: ■ •' � ■ 1■■!1■i: nn oma■ ■:■Vii■OCA qRM�l V■�1■■www , i- R�■■it!■■�1+l1i�#II_ 1. CURRENT VIEW w r4 TOWARDS PROJECT •• (CLOSEST ro-sxa3ov.w raw 0 = � (g.se.nw.•s.a�+v � 1 t — 2 `"■moi r' ��.. '• r��3��{f IA!it■1 ■t■1�■ �� ��Vf�1�i ��flVti■■�l���i1 2. VIEW TOWARDS PROJECT SITE FROM KUAKINI HWY WITH RENDERING OF PROPOSED PROJECT BEYOND TREES. TMK (3)7-5-005-095 r� ILK — V, 'ie ' AP :.' y,•E.+�• �,� "t,�±;�h,�.. -'i Vii'. .k:.� _ H-q :.hi:4Y�r is i-) _i _ .� ir e _ �r`F '��. �y?t, r �I,l �r�r� '1 - '� �r• _ i�+'" _ �s C: •r yr- _ _-ems y�- f :�''�&rr - -•�.v,.�i '•/ �f` - L« � ���� � FIGURE C a 2 u e:A-Expaw,e A— .'po, Neeenwn Q.Sft 1,1 R C7 2AR ®!2R .—ifimgd AlL gh Wme Pi..d-.v 0 Er,--t) Flooded Hi0hways v rryl h. MOOS SUBJECT PROPERTY IS OUTLINED IN RED. SEA LEVEL RISE AT 3.2 SCENARIO SHOWN IN BLUE. TMK (3)7-5-005-095