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Home My WebLink AboutPD Background Report (PL-SMA-2022-000023) COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT DOUGLAS KERR AND BARBARA GLEASON SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2022-000023) DOUGLAS KERR AND BARBARA GLEASON have applied for a Special Management Area (SMA) Use Permit to construct a two-story, 2,212 square foot, 3-bedroom, 2.5-bath single- family residence, garage, and related improvements on a 0.49-acre parcel situated within the SMA. The subject property is located within the Hawaiian Paradise Park Subdivision at 15-853 Paradise Ala Kai Drive, approximately 155 feet south of its intersection with Kilika Road, Kea`au, Puna, Hawaii, TMK: (3) 1-5-058:053. PROPOSED DEVELOPMENT 1. Request: The applicant seeks a SMA Use Permit to build a single-family residence on a 0.49-acre shoreline parcel located within the Hawaiian Paradise Park Subdivision in the Special Management Area (SMA). The two-story residence would have 2,212 square feet of interior space, with 3-bedrooms, 2 1/2 baths and an attached 373 square foot garage. Together with the residence, garage and other features, the total development area for the residence is 3,858 sf. The residence will be connected to electrical and cable by existing HELCO and Spectrum utility lines in the surrounding area, with potable water provided from an on-site water well. Wastewater would be treated by an approved individual wastewater system (IWS) located adjacent to the residence 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 $625,000.00. The project would initiate after completion of the final design and the granting of all necessary permits. 4. Landowner: Douglas Kerr and Barbara Gleason. 5. Supportive Information: The applicant has submitted the attached in support of the request (Planning Department Exhibit 1 — SMA Use Permit Application dated October 20, 2022). -1- BACKGROUND INFORMATION 6. Chapter 343, HRS: 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 EA/EIS. STATE AND COUNTY PLANS 7. State Land Use Designation: Agricultural. 8. General Plan LUPAG MAP: Open (ope). This designation includes conservation lands, forest and water reserves, natural and scientific preserves, and potential natural hazard areas. 9. County Zoning: Agricultural-1 acre (A-la). 10. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawai`i County Council, Ordinance 08 116, on September 10, 2008. 11. 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, Hawai`i Revised Statutes (HRS). The applicant received a shoreline certification from the Department of Land and Natural Resources which delineated the shoreline as of January 6, 2022 (Planning Department Exhibit 2 — Shoreline Certification Dated January 6,2022). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The subject, 21,344-square foot property is situated in the Hawaiian Paradise Park Subdivision and is rectangular in shape. The property is currently vacant of any structures or other improvements and contains overgrown vegetation. The property slopes moderately from an elevation of 22 feet above sea level to 7 feet in the western portion of the property line. 13. Surrounding Land Zoning/Uses: Surrounding properties in the area of the Hawaiian Paradise Park Subdivision are 1/z-acre in size and are zoned Agricultural (A-la). Uses in the surrounding area consist of vacant lands and scattered single-family dwellings. 14. Soil Type: `Opihikao highly decomposed plant material, 2 to 20 percent slopes (rOPE). In a representative profile the surface layer is very dark brown muck about three (3) inches thick, and underlain by pahoehoe lava bedrock. The muck is strongly acid and -2- rapidly permeable. The lava is very slowly permeable, but water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. 15. Land Study Bureau's Detailed Land Classification System: Soils within the project site are classified as "E" or"Very Poor"for agricultural productivity. 16. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The project site is listed as "unclassified" on the ALISH Map. 17. Flood Insurance Rate Map (FIRM): The subject property is mainly located within the Flood Zone "X", which is an area outside of the 500-year flood plain. There is a portion of the property located along the shoreline, which is within Flood Zone "VE", which is a special flood hazard area that corresponds to the area of one-hundred-year coastal flooding with velocity hazard (wave action). (Planning Department Exhibit 3 — FIRM Map dated December 19,2022) 18. Flora/Fauna Resources: No professional floral or faunal surveys were conducted of the site. The property is overgrown with native and non-native plants. The Applicant has stated that there are ironwood trees that are located within the 40-foot shoreline setback that would likely be removed. The Applicant will be required to obtain written determination from the Planning Director prior to any removal of trees or vegetation that is located within the 40-foot shoreline setback area. The property is located in an area dominated by single-family residential uses. The applicant does not believe that rare or endangered floral or faunal resources on site. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW) the Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1st through September 15th. Finally, DOFAW reported that the Hawaiian Hawk(`Io) as possibly occuring in the vicinty of the project area. It is against State law to harm or harass these species. DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. 19. Archaeological Resources: No professional archaeological and cultural study was conducted of the subject property. The project site is currently vacant and no -3- archeological or historical features are known to exist on the subject property. By letter dated November 23, 2022, the State Historic Preservation Division (SHPD), SHPD determined that "no historic properties will be affected"by the proposed development. 20. Cultural/Historic Resources: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical, or native resources in the area. 21. Coastal Resources: The property is located along a rocky cliff shoreline and sits at an elevation of about 21 feet. Since the proposed project will be located just mauka of the 40-foot shoreline setback, the applicant will apply best management practices during construction of the single-family residence which will include, but not be limited to, a silt barrier that will be located along the 40-foot shoreline setback and must remain in place until construction has been completed. 22. Recreational Resources and Public Access: Recreational resources in the surrounding area include a public shoreline access that is located on a vacant County-owned property to the north of the subject property. This public shoreline access is designated and unimproved and runs in a mauka-makai direction and laterally along the top of the pali on the County property towards the subject property. According to the Applicant, fisherman and yoga enthusiast have been known to access the top of pali in this area. The Applicant has stated that this will continue unchanged during the construction and use of the site as a single-family residence. 23. Scenic and Open Space Resources: All shoreline projects must be evaluated by the impacts that such projects will have on view planes from public roadways. Such analysis is required in order to preserve view planes as irreplaceable assets for future generations. As the subject property is located within a private subdivision and the nearest public roadway, the Kea`au-Pahoa Bypass (Highway 130), is located well over six miles from the subject property, no visual analysis has been conducted of the site. The proposed single-family residence will be two stories in height which is similar to the adjacent homes in the area and therefore will not be out of character with the views of the shoreline for the area. -4- PUBLIC UTILITIES AND SERVICES 24. Access: Access to the project site is from Kea`au-Pahoa Road (State Highway 130) to Paradise Drive onto Paradise Ala Kai Drive, a private roadway with a pavement width of 12 feet within a 40-foot right-of-way. All roads within Hawaiian Paradise Park are private. 25. Water: County water is not available at the site. The subject property will be serviced from a water catchment system. 26. Wastewater: There is no municipal wastewater system in the area. According to the applicant, an enhanced septic system meeting with the requirements of the Department of Health will be required. 27. Other Essential Utilities and Services: Electricity, cable and telephone are available to the site. Police, fire protection and emergency medical services are located in Kea`au, approximately six miles from the property. AGENCIES' COMMENTS 28. Department of Public Works — Engineering: (Planning Department Exhibit 4 — December 1, 2022, Memo). 29. Department of Water Supply (DWS): (Planning Department Exhibit 5 — November 17, 2022, Memo). 30. State Office of Planning and Sustainable Development: (Planning Department Exhibit 6—November 24, 2022,Memo). 31. Department of Land and Natural Resources — Historic Preservation Division: (Planning Department Exhibit 7—November 23,2022 Memo). 32. Department of Land and Natural Resources — Engineering Division: (Planning Department Exhibit 8 —November 15, 2022 Memo). 33. Department of Land and Natural Resources — Division of Forestry and Wildlife: (Planning Department Exhibit 9—November 29,2022 Memo). AGENCIES -NO COMMENT/CONCERNS 34. Police Department, Real Property Tax Office, State DLNR- Office of Conservation and Coastal Lands, Land Division, and Division of Aquatic Resources. -5- AGENCIES -NO RESPONSE 35. Department of Environmental Management; Fire Department; State Health Department; USFWS. APPLICANT RESPONSE TO AGENCIES' COMMENTS 36. Applicant's Response to OPSD Comments (Planning Department Exhibit 10 — November 28,2022). 37. Applicant's Response to Agency Comments (Planning Department Exhibit 11 — December 5,2022). PUBLIC COMMENTS 38. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. -6- SPECIAL PERMIT APPLICATION(S MA) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or Print the requested information) APPLICANT Douglas B. Kerr and Barbara Gleason APPLICANT'S SIGNATURE: 2� 2��7> DATE: 1 0/2C/2022 ADDRESS: 15-853 Paradise Ala Kai Drive Keaau. HI 96749 LIST APPLICANT'S INTEREST IF NOT OWNER: Owners TELEPHONE: (Bus.)_949-954-0414 (Home) same (Fax) _714-200-0123 REQUEST: _ New construction of a single-family residence TAX MAP KEY: (3) 1-5-058-053-0000 ZONING: A-1 a AREA OF PROPERTY/AREA OF REQUESTED USE 0.49 acre or 21,344 sq�ft. LANDOWNER: Douglas B. Kerr and Barbara I. Gleason, as tenants by the entirety LANDOWNER'S SIGNATURE. �> l DATE: 10/20/2022 (May be by letter) LANDOWNER'S ADDRESS: 15-2683 Lalakea St. Pahoa, HI 96778 AGENT: ADDRESS: TELEPHONE: (Bus.)_949-954-0414 (Home) same (Fax) (714-200-0123 Please indicate to whom original correspondence and copies should be sent to: ORIGINAL Douglas B. Kerr COPIES: Special Management Area Major Use Permit Application Background Information Attachment on the Subject Request Applicants: Douglas Kerr and Barbara Gleason TMK: (3) 1-5-068-053 Douglas Kerr and Barbara Gleason,husband and wife,have submitted an application for a Special Management Area (SMA) Use Permit to construct a two-story residence on an unimproved and vacant parcel on Paradise Ala Kai Drive in the subdivision known as Hawaiian Paradise Park in Keaau, Island and County of Hawaii. I. Background Information A. An EIS, if required. Not Required: An EIS is not required of the subject property because it does not meet the statutory requirements for a necessary Environmental Impact Statement. B. Detailed written description of the proposed project and a statement of objectives and reasons for the request. Description:The proposed project will consist of a wood-framed, single-family two-story, 3-bedroom, 2 '/z bath, residential home of approximately 2212 square feet of living space. There is an attached garage with an interior of approximately 373 square feet. The home is situated on a lot of 0.49 acre or 21,344 square feet. The construction type is VB and the occupancy is R-3. The Total footprint (or "under roof') Development Area (TGA) of the property per the Rules is 3858 square feet including the living space and garage roof area and lanai. Electrical power and cable will be provided to the residence by extending an overhead line from the existing HELCO and Spectrum utility lines that run along Paradise Ala Kai Drive. The residence will include an individual wastewater and septic system meeting or exceeding all regulatory requirements. A permitted well will provide water to the residence. The site plan, floor plan and elevation drawings are shown in Exhibit A, Plan Drawings. The vacant shoreline lot proposed to be built on consists of largely common non-native invasive trees such as autographs, cecropias, brasias and ficus and an understory that includes a mix of ferns, sedges that must or should be removed and replaced with native species. The lot has a base of igneous rock. The lot is largely level from the road to the sea edge. There is an approximate 25-30 foot drop-off at the edge of the lot to the sea below. See Exhibits B through D, Overhead Photos and Google Satellite Map. Objectives: The objectives are to construct a single-family residence on the property to match existing homes in the Hawaiian Paradise Park("HPP") area.A further objective is to remove non-native invasive plants and trees to be replaced by native Hawaiian species on the subject property. Wind and hurricane damage in Hawaii has been exacerbated by invasive non-native downed trees. Native trees and shrubs that exist will be identified and not subject to ripping or grading. Page 1 1 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 1 Reasons: The reasons for this permit request are to build a home for the applicants that they have always wanted to build overlooking the Pacific Ocean in Hawaii, and to bring applicant Barbara Gleason back to her Hawaiian roots. Barbara's mother, Irene, was born and grew up in the 1920's and 30's in Hana, Maui, on a sugar plantation in company housing with a dirt floor. Irene's mother, a Native Hawaiian, made a floor of mats for their home. Despite long odds for success, Irene graduated high school in Hana to attend Stanford University in California,graduating with honors.When Irene Gleason attempted to apply at a Catholic nursing school, she was told that the school would not accept Asians. Instead of allowing the mainland bigotry that was so prevalent after WWII to affect her, Irene applied and was accepted at Stanford University School of Medicine. Dr. Gleason became a successful pathologist teaching at UCLA and UC Irvine medical schools, eventually becoming and retiring as chief pathologist at Palmdale Medical Center in California. Because ofAlzheimer's disease,Dr. Gleason was unable to return to her beloved Hawaii,passing away at age 98 in 2021. Applicants recite this history because Dr. Gleason missed the Hawaii Islands greatly, even cultivating orchids in a greenhouse in her backyard to remind her of her homeland. Dr. Gleason implanted a strong sense of love and respect for Hawaii to her daughter, Barbara. Barbara Gleason enjoyed many summers in Hawaii, playing amongst her Native Hawaiian cousins and aunties. This return to her roots is an important homecoming for Barbara, and her love for Hawaii has carried over to her husband, who has vowed to make a positive impression upon his adopted Island. Another reason is that Barbara Gleason and Douglas Kerr are committed to not taping away housing from locals. Many people relocating from the mainland to Hawaii buy homes at inflated prices which contributes to the lack of affordable homes in Hawaii County. The applicants for this SMA permit have decided that building rather than purchasing a completed home will add to the housing supply while at the same time financially benefiting local suppliers and contractors. If all transplants would adopt this approach,Hawaii could grow its housing supply while employing more locals in the building industry. Also, an important reason is to contribute to native Hawaiian flora on the overgrown property. The owners intend to showcase native flora throughout the property while removing invasive species. C. Description of the subject property in sufficient detail to precisely locate the property. Describe existing uses, structures and topography. Precisely Located. the property is identified as TMK(3) 1-5-068-053. The tax map shows the subject property as Lot 477, Block 10 of the Hawaiian Paradise Park subdivision,Keaau,Puna, Island and County of Hawaii. Less precise is the address, because the property has not yet been officially recognized by the U.S. Post Office. But the property address is known as: 15-853 Paradise Ala Kai Drive, Keaau, HI 96749. The property is near the corner of Paradise Ala Kai Dr. and Kilika St. See Exhibit D, Google Satellite Map. Page 2 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 2 Existing Uses: The subject property is located within the residential project known as Hawaiian Paradise Park(hereinafter referred to as "HPP"). HPP is a community sub-divided prior to the entry of Hawaii as a U.S. state. As such, HPP is a private community with no governmental services such as water, county or state-maintained roads or sewer services. The only utilities available to residents are electricity and cable/internet. Most of the roads within the community are not paved, although the subject property is located on a paved road. This residential community has nominally half-acre lots near the shoreline, with one acre lots making up most of HPP a few streets beyond the shoreline. A majority of HPP is developed, as well as the shoreline lots within the community. The shoreline of HPP generally, and this property specifically, is made up of igneous rock that ends in a ragged edge about 25 — 30 feet above the sea level. The surrounding area is comprised of residential homes and some vacant lots. Only residential land use directly surrounds the subject property. The lot directly to the south of the subject property has a residential single-family home situated apparently at or near the official shoreline. The lot to the north of the subject property is vacant and is similarly overgrown and wooded with non-native trees and shrubs. There is county-owned (or open) property that provides shoreline access next to the vacant lot north of the subject property. This property is made up of mostly grasses and bushes with some trails to the ocean including a very uneven and challenging 4x4 offroad trail. The county property is used at times by the public for fishing off of the rock edge and other recreational uses, as well as some negative uses such as drinking alcoholic beverages and smoking marijuana. (These uses have been confirmed by the applicants from trash found on the subject property.) The lot directly across from the subject property is vacant. Topography: The subject property is an overgrown wooded lot comprised of mostly non- native and invasive mature trees and shrubs that terminate at or shortly before the officially designated shoreline. (Certified Shoreline survey is attached as Exhibit E.) There are no existing structures on the lot. The lot is mostly level with a few rock boulders scattered about. As noted, the designated shoreline to the igneous rock(bare pahoehoe lava) edge is devoid of vegetation and then drops off approximately 25 to 30 feet to the sea below. The property has a gradual down slope to the shoreline. Plans for the property do not call for any extensive change to the topography of the land. Native flora will be noted and retained if possible. D. A statement of the valuation of the proposed use, activity or operation. Valuation: The exact valuation of the proposed use as a residential home has not been precisely determined. The applicants intend to operate as owner-builders. There have been no contracts entered into except for electricians, septic, and well. The framing and other subcontractors have not finalized bids, especially given that this permit process will delay the construction as much as five months. `Ballpark" figures have been proposed by a number of contractors in the range of$495,000 to $625,000. As with most Hawai'i products, but especially with building materials, costs have been difficult to estimate. Building materials, especially lumber have recently seen reductions in cost. The materials used in building the property are the primary Page 3 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 3 factor in such wide-ranging estimates. Because the value of the home may exceed $500,000, this special management permit is sought. Since there is no contemplated commercial use of the property, no activity or operation of the proposed use can or will be valued. E. State/County Plans affecting the subject request. General Plan designation, Special Management Area and Community Development Plans. General Plan designation: County zoning provides that the HPP sub-division is Agricultural— 1 acre(A-la). The state land use designation is agricultural. Despite the agricultural assignment, nearly all of the property in the shoreline management area of HPP is residential built upon property of less than one acre. (See Exhibit F, Puna District Zone Map.) Special Management Area: This property is subject to a Special Management Area designation because the subject property is on the shoreline and the residential build may cost more than $500,000. In compliance with the SMA requirements applicants provide following Section P a detailed explanation as to environmental protections, shoreline setbacks, land disturbance and site preparation, and utilities placement. Community Development Plans: The Puna Community Development Plan (hereinafter referred to as "the Plan") was adopted by the County Council on September 10, 2008. HPP is part of this Community Development Plan. This 92-page Plan provides a balanced approach to development within Puna. As noted in the Plan: "While most of these subdivisions are on agricultural-zoned lands,the actual use of developed lots is predominantly residential. As in-fill residential development continues, it will be more difficult for existing small-lot agricultural uses to remain viable due to complaints from neighbors about nuisance effects of agricultural operations and potential increases in crop theft or vandalism." Pg. 1-5 It should be pointed out that there is little to no agricultural use within HPP, and there is no agricultural use near the subject property. The Community Development Plan also notes that the haphazard development throughout Puna has created openings in the rain forest that promote the spread of invasive, non-native species, which has changed the soil chemistry and increased shade, making it hard for native plants to compete and survive. As noted in the Plan, one of the objectives is to obtain energy sustainability. Certainly,new homes which provide solar and battery storage will assist in those goals, or at least have negligible impact upon energy usage in the Puna area. A concern noted in the Plan is that shorelines are deteriorating because of erosion and sea level rise. Fortunately, the cliff area of HPP is fairly immune from sea level or erosion. It has been estimated that the rock face of the cliffs might erode as much as .7 inches a year. Even at a deterioration of 3 feet in 50 years, the setback of 80 feet from the shoreline ensures that this subject property will be around for many years to come. Also noted in the Plan is a lack of sufficient housing in the Puna area. By promoting the construction on vacant lands within HPP, a better and higher use of the properties can be obtained. The storage of vacant properties within HPP serves no real use, and in fact contributes to the lack Page 4 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 4 of housing in the area, and also infrastructure. The unfortunate fact is that much of HPP still needs to be developed with housing, let alone necessary commercial districts. This lack of build-out negatively impacts local residents. As noted in the Plan: "Because subdivision lots were sold in their undeveloped state rather than with dwellings, development has occurred in an uneven, "leap-frog" pattern, which makes it even more difficult to develop infrastructure and provide services to the population. Residents often must make long trips to employment, schools, shopping and other destinations to meet daily needs." Pg. 1-5. The proposed development is in accordance with these Community Development Plans. Essentially, development of remaining lots within the existing HPP will have a beneficial affect upon the community. Most of the vacant acreage within HPP is populated by non-native and invasive flora. The development of the remaining vacant lots can at least remove the continued threat of invasive plants and the spread of seeds throughout HPP and Puna. Additionally, the Hawaiian Paradise Park Homeowners Association has reported trespassers using the subject property because they are shielded from view by the overgrown and wooded nature of the lot. In fact, a lean-to was built out of dead branches and logs as a shelter on the property. Community Master Plan On October 20, 2015, the County of Hawaii Council adopted the 2015 HPP Community Master Plan. The plan provides a"vision"for what can best be described as aspirational elements that include commercial, recreational,housing, basic utilities and road infrastructure among other improvements. The Community Master Plan follows much of what the Community Development plan does in a more HPP focused way.Unfortunately,much of the Master Plan is overly optimistic. Due to the lack of available funding and the lack of interest of residents to fund improvements, little has changed since 2015. The HPP Owners Association manages to add 2 miles of paved road in HPP each year from the existing charges levied on property owners as road maintenance fees. With further build out of HPP, perhaps more residents will be willing to fund needed improvements. F. 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. Basically, Chapter 205A is designed to control developments within and along the shoreline to avoid permanent losses of valuable resources and to ensure adequate access to public owned or used beaches, natural reserves and recreational areas. 1. Recreational Resources: The subject property is a coastal parcel situated between roughly 30 and 35 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 zone makai of the proposed residence will remain open during and after construction. Hikers or fishers who utilize the shoreline and the shoreline rock 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. Page 5 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 5 2. Historic Resources: This shoreline area has no known historic resources. The area of development proposed shows no evidence of historic properties. 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 in the shoreline area makai of the subject property. These practices would not be constrained by the construction of the new residence. Protecting archeological and cultural resources is an important aspect of the SMA guidelines. As noted in Section I, Archeological Resources and Section K, Cultural Resources, there is no anticipated impact upon these resources. 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 not visible from the vantage point of the public way. Currently, the view from Paradise Ala Kai Dr. is completely blocked by the wooded nature of the property. If anything, the clearing of invasive trees will open up the view from the public way. 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. 4. Coastal Ecosystems: Due to the nature of most vacant lots in HPP, and this lot in particular, invasive plants have choked out native plants to a large degree. The owners vow to remedy this situation and protect existing native plants while planting native foliage. This will be discussed in detail in Section J, Flora and Fauna Resources. Otherwise,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 threatened or endangered animal or plant species are present. No adverse impact to flora, fauna, or ecosystems 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 by the County. This economic impact would be minor, given the context of this area of HPP. As noted in other areas of the document, it will be economically beneficial for lots to be built out in HPP, rather than retaining these lots for investment or other uses. 6. Coastal Hazards: Since this project is contained within the bounds of Zone X on the Flood Insurance Rate Maps (See Exhibit G), the only true hazard is falling off the rock cliff. Little can be done to mitigate this hazard. The development of this vacant lot will not result in the loss of valuable resources or impinge upon the public access to the shoreline. In fact, public access along the shoreline will be further encouraged as development of long-time vacant lots proceed. The mostly level old lava Page 6 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 6 flow (approximately dated between 250 and 750 years before present) that fronts homes in HPP serves as a rugged walkway for the public to stroll along. Due to the unimproved county owned property one lot away from the subject property, ocean access is guaranteed and is currently used for fishing, walking,yoga and exercise. (These have all been observed by the petitioners/owners.) Public Access will be discussed in detail in Section L, Public Access. Some stormwater from the property setback drains onto the rock and into the ocean. Any additional stormwater will be managed effectively and without any impact upon neighboring properties, ocean or the existing infrastructure. (As was discussed in detail in Section E, Special Management Area.) The proposed single-family dwelling is not anticipated to impact the development of marine and coastal resources. There are no protected tidepools or other areas along the rocky shoreline that front the subject property. The proposed improvements to the property will not be built in such a way to impact any streams or channels that would disrupt coastal ecosystems. The property and proposed house are not anticipated to impact the development of marine and coastal resources given the 80-foot setback from the shoreline and the fact that the property sits 25 to 30 feet above sea level. No adverse impacts upon endangered species will occur as a result of the development. G. Surrounding zoning and land uses. The subject property is zoned as A-1a, as is all of HPP. The property is close to the dead end of Paradise Ala Kai Dr. On the other side of that road end, undeveloped property continues as zoned A-1 a. The surrounding land uses are residential or vacant property intended for development as residential. The flood zone as noted in the Section directly below is designated as "X," as shown in Exhibit G, which zones are defined as areas outside the mapped 500-year floodplain,with minimal risk of tsunami inundation. The proposed home site is located about 35 feet above sea level, about 90 feet back from the shoreline shelf,in an area that is clearly out of the flood zone. The proposed home site is located completely outside the area affected by high waves and tsunami inundation. Storm waves generated by Tropical Storm Iselle, which hit the Puna coastline on August 8, 2014, had minimal effect upon the shoreline here, and there were no effects to the proposed home site. Other than mega-tsunami of the type that would inundate all of Hilo and Honolulu, the home site is not at risk of tsunami. The very conservative siting of the home in this position at about 35 feet above sea level ensures that even with a sea level rise of five or more feet above its current level,the home will continue to remain well out of the effective flood zone.Even extremely large rises in sea level of the type that would essentially require the relocation of much of downtown Hilo and Honolulu would not affect the home in its proposed location. 1 Wolfe, E.W., and J. Morris(1996)Geological Map of the Island of Hawaii(plate 2), U.S.G.S. Miscellaneous Investigations Series, Department of the Interior,Washington, D.C. Page 17 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 7 H. Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works-Engineering Division). Due to setback requirements, all of the proposed development is designated as Flood Hazard Zone X: "Areas determined to be outside the .02% annual chance floodplain"according to the U.S.G.S. As shown in Exhibit G The proposed home is more than 80 feet from the high water mark per the Certified Shoreline Survey and as shown in Exhibit H, Blended Site Map the proposed residence sits well back from the shoreline. L Archaeological Resources: The Planning Department will assist in the assessment of archaeological resources in cooperation with the State of Hawaii Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD). To assist with this assessment, Petitioner provides the following historic information: Description of Property The property is located at approximately 30 feet (9 meters) above mean sea level at its lowest point on a single Kilauea lava flow dated between 250 and 750 years before present.2 The geological substrate is bare pahoehoe lava as provided on the Wolfe and Morris geological map (see Exhibit I) with very shallow soil deposits.3 The property ground surface is mostly level, sometimes undulating with a slight easterly slope makai (toward the ocean). Annual rainfall at the property ranges from 120 to 160 inches. There are no major gulches or natural drainages located near the project area. The surveyed property is 80 feet wide at both ends east and west, with the northern side of the property nearly 209 feet in length and the southern side nearly 257 feet in length. The different lengths are the result of the uneven cliff drop-off at the shoreline. The cliff drop-off is approximately 30 feet from sea level. The property borders Paradise Ala Kai Drive on the mauka or west side of the property. The shoreline area of 40 feet is made up almost entirely of bare pahoehoe lava bordered toward the proposed home by some ironwood trees. The additional setback of 40 feet has some shrubs, palms and ironwood trees. (See Exhibits J through M for photos of the property.) Previous Archaeological Studies Both pre-Contact era and post-Contact era habitation and land-use are known to have occurred along the Puna coast. The majority of studies conducted in Waikahekahe Nui and surrounding ahupua'a were conducted along the coast. Coastal archaeological sites consist primarily of habitation features, agricultural features and trails. Habitation features are primarily enclosures, platforms, rock paved area, and terraces. Agricultural features include rock clearing mounds and small garden enclosures. None of these features have been discovered on the subject property during extensive walk-throughs. 2 As noted supra,Wolfe and Morris s Sato, H.,W. Ikeda, R Paeth, R Smythe, and M.Takehiro Jr. (1973)Soil Survey of Island of Hawaii,State of Hawaii. United States, Department of Agriculture Soil Conservation Service.Washington D.C. Page 18 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 8 A pedestrian survey conducted within the near coastal flats of Maku'u Ahupua'a identified five agricultural complexes, a habitation platform, several burials,petroglyphs, and a refuge cave. Archaeological features included rock walls, lava tubes, terraces, platforms, ditches, and cleared garden areas.4 There were only three archaeological sites documented within more than 2.000 acres in the inland portions of Maku'u Ahupua'a. Sites included a rock mound marker, an agricultural terrace and a complex consisting of a large enclosure, a rock mound, a rock wall, and a platform. J. Floral and Faunal Resources. Floral Resources The subject property has false staghorn fern(dicranopteris linearis) and introduced species such as waivi (psidium cattleianum), common guava (psidium guajava), Asian melastoma (melastoma septemnervium), and Koster's curse(clidemia hirta)and consists of largely non-native invasive trees such as octopus (Scheffler a actinophylla) autograph (Clusia Rosea), trumpet (cecropia obrusifolia),ficus(moraceae)and brassias(actinophylla)that must or should be removed and replaced with native species such as Koa (acacia Koa), Nau (gardenia brighamii), kukui tree (Aleurites Moluccana), or even ornamental non-native trees such as plumeria and magnolia which are non-invasive. Next to the coast are native bushes that will remain, such as the native naupaka and mau'u `aki`aki. In the 40 foot setback area (the State setback required in addition to the shoreline easement),it may be necessary to remove some non-native ironwood(casuarina equisetifolia)trees that have been classified as highly invasive. There are several reasons for the removal of this invasive tree. First, the shallow-rooted ironwood trees are not well anchored and could prove dangerous in a major storm or hurricane, as demonstrated by the fallen ironwoods seen in the site photos. Second,the"needles" of this tree have covered the ground throughout the subject property and have chemicals that leach out and essentially kill all other competitors.' One positive is that ironwood makes excellent firewood. It is worth noting that, given the protective measures noted above, as well as the landscaping planned with the planned residence, there would be no loss of or negative impacts to the native species found throughout the property as a result of the proposed improvements and uses of the property. Examples of the Native Species found in the coastal portion of the property are shown in Exhibits L and M. No rare, threatened, or endangered plant species are present on site. Faunal Resources 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 'Komori, E. and I. Peterson (1987)Cultural and Biological Resources Survey of the Poho'iki to Puna Substation 69kV Transmission Corridor Kapoho to Kea'au, Puna, Hawai'i Island. s The Nature Conservancy.Australian Pine:Element Stewardship Abstract. In: Wildland Weeds Management&Research Program,Weeds on the Web Page 19 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 9 (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 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 State listed Hawaiian Goose or Nene ( Branca sanad, icensiy) could potentially occur in the vicinity of the proposed project site. As 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) will cease, and the bird or birds will not be approached. K. 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. "Puna, as a political unit, played an insignificant part in shaping the course of history of Hawai'i Island. Unlike the other districts of Hawaii, no great family arose upon whose support one or another of the chiefs seeking power had to depend for his success. Puna lands were desirable, and were eagerly sought, but their control did not rest upon conquering Puna itself, but rather upon control of the adjacent districts, Kau and Hilo." 6 Despite its perceived lack of importance with respect to the emerging political history of Hawaiian leadership, Puna was a region famed in legendary history for its associations with the goddess Pele and god Kane. Because of the relatively young geological history and persistent volcanic activity the region's association with Pele has been a strong one.However,the association with Kane is perhaps more ancient. Kane, ancestor to both chiefs and commoners, is the god of sunlight, fresh water, verdant growth, and forests.8 It is said that before Pele migrated to Hawaii from Kahiki, there was "no place in the islands . . more beautiful than Puna" (Pukui 1983). Contributing to that beauty were the groves of fragrant hala and forests of`ohi`a lehua for which Puna was famous: Puna pdia 'ala i ka hala (Puna, with walls fragrant with pandanus blossoms) Puna, Hawai'i, is a place of hala and lehua forests. In olden days the people would stick the bracts of hala into the thatching of their houses to bring some of the fragrance indoors. (Pukui 1983:301) 6 Barrere, D.(1959)Political History of Puna. In Natural and Cultural History Report on the Kalapona Extension of the Hawai'i Volcanoes National Park:Vol. I, pp. 15-65. Compiled by Emory, K.P.,W.J. Bonk,Y.H.Sinoto, D.B. Barrere, Department of Anthropology, B.P. Bishop Museum, Honolulu. 'Maly, K. (1998) "PUNA, KA AINA 1 KA HIKINA A KA LA."A Cultural Assessment Study Archival and Historical Documentary Research and Oral History Interviews for the Ahupuo'a of Aholanui, Loepdo'o, and Oneloo(with Pohoiki), District of Puna, Island of Hawai'i(TMI<:1-4-02, por.07,13,73,74,75). Prepared for David Matsuura,A&0 International Corporation; Oneloa Development, Hilo, Hawaii. 8 Pukui, M. (1983) 'Olelo Noeau, Hawaiian Proverbs&Poetical Sayings. B.P. Bishop Museum Special Publication 71. Bishop Museum Press, Honolulu. Page 1 10 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 10 More recent historical accounts pertaining to lands of the project area region are scarce but provide some information on traditional residence patterns, land-use. and subsistence. William Ellis passed through Waikahekahe Nui Ahupua'a in 1823 while travelling along the coastal trail from Kilauea to Waiakea Ahupua'a, Hilo.9 Ellis' journey took him along the coast east of the project area lands. Ellis did not describe the region of Waikahekahe Ahupua'a, but stopped in a small inland village in Honolulu Ahupua'a. and rested in the shade of a canoe house along the coast of Waiakahiula Ahupua'a both south of Waikahekahe Nui, Honolulu Village and a nearby village were inland and small, and the population was dispersed. Ellis also described a village, likely Ha'ena, in Kea'au Ahupua'a, north of Waikahekahe (See Exhibit N, 1886 Map by Wall.) The village was large and populous with an abundance of taro, sweet potato and sugarcane gardens (Ellis 1963:296). He suggested the area was made more fertile by a flowing stream where he quenched his thirst. Waikahekahe Nui Ahupua'a is a thin traditional Hawaiian land division that only extends to 1,130 ft (344 m) amsl. It is bounded to the north and west by Kea'au Ahupua'a. and to the south and west by Waikahekahe Iki Ahupua'a. During the Mahele of 1847-48 and the Kuleana Act of 1850,Waikahekahe Ahupua'a was awarded to Sarah(Sally aka Kale)Kani'aulono Davis as Land Commission award (LCA) 8522 13:3. Sarah Davis (1797-1867) was the first born child of Isaac Davis and chiefess Nakai Nalima'au'alu. Sarah Davis was also awarded land in Honokaula,Maui where she lived,married,raised children, and is buried. Three small Land Grants (LG) were made along the coast south of the project area in Maku'u and Halona Ahupua'a (see Exhibit O, 1922 USGS Map), LG 1013 was purchased by D.W. Maiau, LG 1014 was purchased by Kea, and LG 1537 was purchased by Kapohana. W.H. Shipman leased and later purchased large tracts of land in Kea'au from the estate of Prince Lunalilo as part of the Shipman cattle and sugarcane enterprises in the late 1800s. He added to his property with the purchase of Waikahekahe Nui and others further south. The project area and surrounding lands were not used for growing sugarcane as the soil is too shallow. The area remained unaltered and undeveloped forest with a large variety of introduced and invasive species growing until it was purchased by David Watumull from W.H. Shipman, Ltd in 1959. The land was subdivided and sold as lots in the Hawaiian Paradise Park (HPP) subdivision. HPP is 15.6 square miles divided into approximately 8.800 lots of which one of the lots is the subject property. No cultural practices, traditional and customary native Hawaiian rights have been discovered to be exercised in the area. L. Public Access: Existing public access to and along the shoreline or to mountain Existing public access is provided by undeveloped county property one lot away from the subject property as shown in Exhibit B, the overhead shot of the properties. This access point provides the public opportunities to fish off the rock ledge, walk along the irregular rock shoreline and to simply enjoy the view of the Pacific Ocean. The shoreline access points and shoreline uses will not be impacted by the proposed project. 9 Ellis,W. (1963)Journal of William Ellis, Narrative of a Tour of Hawaii, orOwhyee... Honolulu:Advertiser Publishing Co. Page 1 11 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 11 Public access has been observed by the Applicants. Douglas Kerr held a conversation with a local regarding his fishing from the cliff ledge on County property near the subject property. He explained that he usually catches enough fish for the evening dinner. Mr. Kerr also conversed with an individual who was practicing yoga on the County old lava flow clearing near the ocean. She pointed out that she would like to see these wooded lots developed that are next to the County property because she sometimes runs into "the wrong type of people" emerging from the cover of the woods. Another person present volunteered that they just like to stop by for the "wonderful view"when she takes walks around the neighborhood. None of this public access will be negatively affected by the proposed project. M. Description of the area (e.g. width, type of surface and condition of roadway). The subject property is bounded by and accessible via the 40-foot paved road,Paradise Ala Kai Drive. This road is in good condition with a smooth asphalt surface. The proposed driveway will connect to this road as shown in Exhibit H,the Blended Map and Exhibit P,the roadway view. N. Traffic Impacts: The proposed house has a 3-bedroom, 2-car garage with one parking space. Although there will be only two current residents, even with three driver occupants in the house, traffic impact will be minimal. Road dust has been a cause of concern to many residents of HPP. Fortunately, the subject property is on a paved road with connecting access roads also paved. There will be no contribution to road dust from this project. Further, given the current traffic volume from HPP and its approximately 11,000 residents, there is expected that there will be negligible traffic impact upon the Puna area as a whole. O. Availability of Utilities: As noted in Section C—Existing Uses, HPP is a community sub-divided prior to the entry of Hawaii as a U.S. state. As such, HPP is a private community with no governmental services such as water, city, county or state-maintained roads or sewer services. The only utilities available to residents are electricity and cable/internet. As a result, Applicants intend to make use of a permitted well for water purposes and install a permitted septic system for waste water disposal. Site improvements would include the placement of a utility pole connecting to the residence,potable water and septic system lines, and the overhead power and telecommunication lines to the house, the placement of a gate and stone wall along the front of the property to match neighboring walls. In terms of the supporting utilities, electrical power, telecommunications and CATV connections will be provided from the existing utility lines that run along the mauka side of the Paradise Ala Kai Drive and would be extended overhead to the house site by means of a single power pole utility pole located near the residence along the southwestern boundary of the property and then the overhead line will run along the alignment of the property to a new metal power pole, as shown on the Site Plan in Exhibit H, the Blended Site Map, so as to provide the most direct and shortest route to the house site and minimize the amount of new disturbance to the Page 12 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 12 land. The new single utility pole would be placed into a hole that is 2 feet in diameter and 5 feet deep and would be located in a previously disturbed area near the property boundary, thereby minimizing mount of clearing required and potential impact on the land. Additionally, roof mounted photovoltaic panels as well as a battery storage system are also planned with the home to help reduce the overall energy requirements of the home and the impact upon power requirements for HELCO. The domestic water supply would be provided from an onsite water well located along the far northwest side of the subject property, about 18 feet makai of the Paradise Ala Kai Drive. It will have a pump capable of delivering up to 30 gallons per minute. The water well and pump will be connected to the residence through standard means. The State of Hawaii, Department of Land and Natural Resources has provided a State Historic Preservation Division letter making a determination that no historic properties affected for the work described in the well permit application and allowed the permit issuance to proceed. (See Exhibit Q, State of Hawaii letter.) Wastewater would be treated by an individual septic system located adjacent to the residence, which would be designed and installed in conformance with requirements of the State Department of Health. The septic system would have a tank capacity of 1000 gallon and an absorption field that extends over an area of approximately 216 square feet. The trenching requirements for the septic system are summarized for the project in Exhibit R, Site Plan for Septic System. (Note that the drawn private well and home structure are not indicative of the actual well or home location,which is accurate in ExhibitH,Blended Site Map. Essentially,the only important image, and the only area the septic contractor has control over, on the Septic Site Plan is the location of the septic system in reference to the proposed house.) P. Any areas of critical concerns have been assessed by the Director. No critical areas of concern were noted by the Director when the proposed project was reviewed for Special Management Assessment. The following two notes about SMA determination were listed in the Planning Director's letter. Based on information contained in the Building Permit application, the property has a valuation in excess of$500,000. Second, it was noted that the setback needed to be 40-foot from the certified shoreline setback. This Application for a Major SMA remedies the first concern. The proposed residence has been moved back 40 feet from the shoreline area. This remedies the second concern. II. Anticipated impact upon the Special Management including but not limited to the following: A. Description of environmental setting; The subject property is on a vacant overgrown wooded lot of 0.49 acres, or 21,344 square feet in HPP. The only environmental setting that distinguishes this vacant lot from the thousands of vacant lots in HPP is that it sits on the shoreline. Of course, this is an important distinction that deserves special care because the shoreline requires protections that inland areas do not. Certainly, this shoreline is not quite as environmentally sensitive as a common sand shoreline because the Page 1 13 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 13 bare pahoehoe lava edge serves as a natural physical barrier between human encroachment upon sea life and the ocean's recurring ferocity. Nonetheless, Applicants are taking extensive effort to mitigate any negative impacts upon the shoreline and ocean, as described below in Section H, F. A total area of approximately 8,000 square feet or about 0.2 acres of the 0.49 acreage of the subject property will be used for the construction of the home and its related improvements, including the areas of the driveway, septic system, potable water system and construction staging areas. Special care will be undertaken to protect the shoreline setback areas. B. The relationship of the proposed action to land use plans,policies and control of the affected area. It can be confidently stated that the proposed residential use of the subject property is directly related to land use plans,policies and control of HPP in particular and Puna in general. As noted in Section I,E,the storage of vacant properties,for investment purposes or otherwise,within HPP serves no real use, and in fact contributes to the lack of housing in the area, and also infrastructure. The unfortunate fact is that much of HPP still needs to be developed with housing, let alone necessary commercial districts. This lack of build-out negatively impacts local residents. Section I, E discusses in detail the relationship between building out HPP and the policies enumerated in the General Plan, Community Development Plans and HPP Community Master Plan. Developing the subject property with the proposed residential home directly serves the land use plans,policies and control of HPP and the Puna District. C. The probable impact of the proposed actions on the environment. Building a residential home on a vacant wooded lot in HPP will have a beneficial impact upon the environment. As noted in Section I,J, Floral Resources,the subject property is saturated with invasive and non-native flora.Applicants intend to remove the invasive flora and replace trees and bushes with native species. The invasive wooded lot has pushed out native flora and the ripping and grading of the vacant lot will serve to renew the property to a native setting. The probable impact does include preparation of the property. Grubbing and grading will occur in the areas of the driveway and parking area; the areas of the well; house foundation; construction staging area and the areas of the trenching required for the septic system and water transmission lines, comprising a total area of approximately 8,000 square feet or just under 0.20 acres. The proposed residence, including the driveway approach, has been designed and planned to fit the site including the required setbacks. Extracted material from trenching and removal of non-natives brush and trees will be shredded and chipped and used to cover the ground and reduce dust and runoff during construction of the residence. As noted above in Section I, G, the well is located on the far northwest corner of the property. Additionally, the overhead lines for conveying power, telecommunication and CATV to the home will be aligned with the southeastern property alongside the neighboring existing utility lines to minimize any visual impact on the existing properties.Further, extracted material from the Page 14 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 14 trenching will be used to refill trenched areas and to blend the areas with the surrounding topography so as to avoid the need for any off-site disposal of materials. Any potential impact upon the seashore and ocean environment will be subject to extensive mitigation efforts as outlined below in Section II, F. With these mitigation efforts, there is expected to be no negative impact to the setback, seashore, or ocean. D. Any probably adverse environmental effect which cannot be avoided. There has been no identified adverse environmental effect which cannot be avoided. As noted, mitigation measures will be implemented in order to avoid any temporary negative environmental effect upon the subject property. E. Alternatives to the proposed action. There are no adequate alternatives to the proposed residential home to be placed upon the subject property. The only alternative would be to leave the property vacant, and as demonstrated many times in this Attachment, this alternative is unacceptable environmentally and socially. F. Mitigating measures proposed to minimize impact. Special precautions are planned as part of the construction process to minimize the potential for erosion or movement of soil from the construction site that could possibly affect the setback areas, shoreline and ocean. These additional precautions would include the following: - The area of the shoreline setback (makai of the house site) will be marked and fenced at the construction areas bordering the shoreline setback to avoid any possible disturbance to the ground or vegetation within setback area during construction activities; - The total amount of setback and shoreline disturbance will be minimized, as the construction contractor will be limited to the specific delineated construction work areas within the property; - The contractor will take special precautions, including use of a dual-layer sedimentation control system in erosion prone areas, so as to not allow any sediment to leave the work areas,particularly towards the sea; - Construction activities with the potential to produce ground disturbance will not be allowed during unusually heavy rains or storm conditions that might generate storm water runoff; and - Cleared areas will be covered with mulch derived from the removal of non-native plants and replanted with native plants or otherwise stabilized as soon as possible. G. Any irreversible and irretrievable commitment of resources. There is no expected irreversible or irretrievable commitment of resources. The proposed project will provide positive benefits to resources on many levels. Certainly, flora, environmental and planning resources will benefit by the proposed project as discussed throughout this Attachment. Page 15 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 15 III. The preliminary site plan drawn to scale showing property lines and measurements; all existing and proposed development with elevations, uses and improvements; proposed subdivision and reference points such as roadways, shoreline, etc. These plans measurements and maps are referenced in the following attached Figures: Exhibit A, Preliminary Site Plan, page 1 Exhibit A, House Plans and Elevations,pages 2 through 12 Exhibit H, Blended Site Map incorporating reference points such as roadways and shorelines Exhibit D, Google map satellite view showing surrounding street names and homes IV. Shoreline Survey Attached as Exhibit E, Certified Shoreline Survey V. List of names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. HPP is designated as an "Agricultural District" and surrounding property owners and lessees will be notified in a 500-foot area. Parcel ID- 150580140000 Address- LEMIWAI ROAD AND Owner- FAITH,RICHARD GORDON Parcel ID - 150580460000 Acres- 0.54 Address - 15-879 PARADISE ALA KAI DRIVE Mailing Address Owner- GAVEL, ROBERT E JR FAITH,RICHARD GORDON Acres - 0.53 3596 CEDAR CT Mailing Address WASHOUGAL WA 98671 GAVEL, ROBERT E JR HC 2 BOX 9501 Parcel ID- 150580450000 KEAAU HI 96749 9315 Address- PARADISE ALA KAI Owner- BEADLE,FLOYD Parcel ID - 150580480000 Acres- 0.54 Address - 15-871 PARADISE ALA KAI DRIVE Mailing Address Owner- MOORE, GAIL DIANE BEADLE,FLOYD MOORE, RICHARD JACK PO BOX 1966 Acres - 0.51 PAHOA HI 96778 1966 Mailing Address Parcel ID- 150580310000 MOORE, GAIL DIANE Address- PARADISE ALA KAI 1435 FOOTHILL RD Owner- GAVEL, ROBERT E JR OJAI CA 93023 1730 Acres- 0.5 Mailing Address GAVEL,ROBERT E JR HC 2 BOX 9501 KEAAU HI 96749 9315 Pagel 16 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 16 Parcel ID- 150580490000 Parcel ID - 150580160000 Address- PARADISE ALA KAI Address - LEMIWAI ROAD Owner- SMITH,R1EKO E Owner- KRUSE, PAUL Acres- 0.51 KRUSE, PAMELA Mailing Address Acres - 0.57 SMITH,RIEKO E RIKA SMITH Parcel ID - 150580230000 98-1740 KA'AHUMANU ST#19C Address - PARADISE ALA KAI PEARL CITY HI 96782 Owner- PALKOWSKI, BRIAN ROBERT AHERN, DIANE MAUREEN Parcel ID- 150580500000 Acres - 0.5 Address— 15-867 PARADISE ALA KAI DRIVE Mailing Address Owner- GRANSTRA, CAMERIA LAUREN PALKOWSKI, BRIAN ROBERT PEREIRA,NEIL ALDRIN PO BOX 55 Acres-0.5 PORT COSTA CA 94569 0022 Mailing Address Parcel ID - 150580240000 GRANSTRA, CAMERIA LAUREN Address - PARADISE ALA KAI 612 FLORENCE AVE Owner- SHERRILL, GLENN DAVID EVANSTON IL 60202 2010 SHERRILL, SUSAN BEUSHAUSEN Acres - 0.5 Parcel ID— 150580510000 Mailing Address Address- 15-863 PARADISE ALA KAI DRIVE SHERRILL, GLENN DAVID Owner- MEYER FAMILY PO BOX 4068 HAWAIIAN GOLF, TRST HILO HI 96720 0068 Acres- 0.54 Mailing Address Parcel ID - 150580250000 MEYER FAMILY HAWAIIAN GOLF, TRST Address - PARADISE ALA KAI MEYER,EDWARD TTEE Owner- SERRA, LISA ANNE PO BOX 667 GAIO,FREDRICK IV APPLE VALLEY CA 92307 0012 Acres - 0.5 Mailing Address Parcel ID- 150580150000 SERRA, LISA ANNE Address- 15-919 LEMIWAI ROAD 7011 W CHERYL DR Owner- SEAN LIAO LLC PEORIA AZ 85345 6746 Acres- 0.56 Mailing Address Parcel ID - 150580260000 SEAN LIAO LLC Address - PARADISE ALA KAI 43 RED ROCK Owner- BRANDFORS, HELENA A RLT IRVINE CA 92604 3040 Acres - 0.5 Mailing Address BRANDFORS, HELENA A RLT 478 HOOKINA PL HILO HI 96720 6000 Pagel 17 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 17 Parcel ID- 150580270000 Parcel ID - 150580170000 Address- 15-864 PARADISE ALA KAI DRIVE Address - 15-911 LEMIWAI ROAD Owner- KEARNEY,RICHARD FRED JR Owner- KRUSE, PAMELA MARIE KEARNEY,KIMMI SUE KRUSE,PAUL KARL Acres - 0.6 Acres - 0.5 Mailing Address Mailing Address KEARNEY,RICHARD FRED JR KRUSE,PAMELA MARIE PO BOX 493034 HC I BOX 5036 KEAAU HI 96749 3034 KEAAU HI 96749 9503 Parcel ID- 150580280000 Parcel ID - 150580180000 Address- PARADISE ALA KAI Address - LEMIWAI ROAD Owner- HOULE, PETER TODD Owner- KELEMEN, STEFAN/ HOULE, JUDITH RAGO LYNN TR 2006 Acres- 0.64 Acres - 0.5 HOULE, PETER TODD Mailing Address HC 3 BOX 10058 KELEMEN, STEFAN/LYNN TR 2006 KEAAU HI 96749 9217 1038 FULLER DR CLAREMONT CA 91711 Parcel ID- 150580290000 Address— 15-870 PARADISE ALA KAI DRIVE Parcel ID - 150580540000 Owner- KNOTT, THOMAS DAVID Address - PARADISE ALA KAI Acres - 0.63 Owner— TDK BW LLP Mailing Address Acres - 0.47 KNOTT, THOMAS DAVID Mailing Address 141 SW 15TH ST UNIT 52 TDK BW LLP BEND OR 97702 1058 C/O TINA KENNEDY/BEN WHITFIELD 17246 PALISADES CIR Parcel ID- 150580300000 PACIFIC PALISADES CA 90272 2164 Address- 15-874 PARADISE ALA KAI DRIVE Owner- YAMASHITA,MICHELLE A.C. Parcel ID - 150580520000 YAMASHITA, PENNY Address - 15-857 PARADISE ALA KAI DRIVE MAHEALANI Owner- HOUSTON,WILLIAM H/ Acres- 0.57 SUSAN N FAMILY TR Mailing Address Acres - 0.53 YAMASHITA,MICHELLE ANN CARROLL Mailing Address 64-1022 KEKAULUGHI ST HOUSTON,WILLIAM H/SUSAN N FAMILY TR KAMUELA HI 96743 8465 7737 SPANISH BAY DR LAS VEGAS NV 89113 1396 Page 1 18 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 18 Parcel ID- 150580210000 Parcel ID - 150590500000 Address- LEMIWAI ROAD Address - 15-831 PARADISE ALA KAI DRIVE Owner- BOOTH, CAMERON MOHAMED Owner- SUNRISE PARADISE LLC BOOTH, CHAD MOHAMMAD Acres - 0.56 Acres - 0.5 Mailing Address Mailing Address SUNRISE PARADISE LLC HCR2 BOX 9554 1200 E WOODHURST DR BLDG B STE 100 KEAAU HI 96749 SPRINGFIELD MO 65804 4261 Parcel ID - 150580190000 Parcel ID- 150580200000 Address - 15-905 LEMIWAI ROAD Address- 15-903 LEMIWAI ROAD Owner- STEELE,ARTHUR JAMES Owner- BETTIS, THOMAS JOHN JR Acres - 0.5 Acres- 0.5 Mailing Address Mailing Address STEELE,ARTHUR JAMES BETTIS, THOMAS JOHN JR 16-566 KEAAU PAHOA RD STE 188 PMB 241 431 EHEHENE PL KEAAU HI 96749 8137 HILO HI 96720 Parcel ID - 150590010000 Parcel ID- 150570930000 Address - 15-893 LEMIWAI ROAD Owner- VARIOUS OWNERS -Roadway Owner- WAIOLAMA, CIDEL LEILANI Acres- 25.376 Acres - 0.56 Mailing Address Mailing Address Property Owned by HPP Homeowners Assoc. WAIOLAMA, CIDEL LEILANI Mailing Address PO BOX 492832 HPPOA KEAAU HI 96749 2832 HC 3 BOX 11000 KEAAU, HI 96749 Parcel ID - 150590020000 Address - 15-891 LEMIWAI ROAD Parcel ID- 150590490000 Owner- MCKINNON, DONALD BRUCE Address- PARADISE ALA KAI Acres - 0.58 Owner- LI,XIANGYU Mailing Address Acres- 0.55 MCKINNON, DONALD BRUCE Mailing Address PO BOX 6684 LI, XIANGYU HILO HI 96720 8932 3106 N MADISON CT STILLWATER OK 74075 1123 Parcel ID— 150590030000 Parcel ID- 150580220000 Address - 15-887 LEMIWAI ROAD Address- 15-848 PARADISE ALA KAI DRIVE Owner- TILTON, WILFRED JAMES JR Owner- BOOTH, CAMERON MOHAMED TILTON, KATHLEEN ANNE BOOTH, CHAD MOHAMMAD Acres - 0.58Mailing Address Acres- 0.5 Mailing Address TILTON, WILFRED JAMES JR HC 2 BOX 9554 PO BOX 654 KEAAU HI 96749 9318 PAHOA HI 96778 0654 Page 119 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 19 Parcel ID- 150590430000 Parcel 1D - 150590460000 Address- 15-832 PARADISE ALA KAI DRIVE Address - 15-1107 KILIKA ROAD Owner- TREMAINE,FAMILY TRST Owner- DUPONT,RICK VERNON Acres- 0.51 DUPONT, GAYLE LOUISE Mailing Address Acres - 0.51 TREMAINE,FAMILY TRST Mailing Address 3633 WESTVIEW DR DUPONT,RICK VERNON SAN JOSE CA 95148 1908 HC 2 BOX 6885 Parcel ID- 150590440000 KEAAU HI 96749 9323 Address- PARADISE ALA KAI Owner— JWANISIK, DAVID Parcel ID - 150590470000 Acres- 0.51 Address - 15-845 PARADISE ALA KAI DRIVE Mailing Address Owner- COUNTY OF HAWAII JWANISIK, DAVID Acres - 1.53 46 LONGLEAF LN Mailing Address BEAR DE 19701 2146 COUNTY OF HAWAFI AUPUNI CENTER Parcel ID- 150590450000 101 PAUAHI STREET, SUITE 3 Address- PARADISE ALA KAI HILO, HI 96720 Owner- NORBOM, TAMARA L/ LANTRY, CAROL L TR Parcel ID - 150590480000 Acres - 0.51 Address - PARADISE ALA KAI Mailing Address Owner- REITZ, GARY EDWIN NORBOM, TAMARA L/ REITZ, ESTELA RUBIANES LANTRY, CAROL L TR Acres - 0.55 1430 EDGECLIFFE DR Mailing Address LOS ANGELES CA 90026 1506 REITZ, GARY EDWIN 16448 SPIRIT RD MORENO VALLEY CA 92555 3322 Parcel ID- 150580470000 Address PARADISE ALA KAI Owner BRANDT,REBECCA E. Acres 0.53 Mailing Address BRANDT,REBECCA EKAHIPUALANI 280 CALDECOTT LN UNIT 221 OAKLAND CA 94618 2417 Page 120 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-S-OS8 : OS3 20 EXHIBITS APPENDIX Page 1 21 Attachment to SMA Major Use Permit Application of Kerr/Gleason,TMK: (3) 1-5-058 : 053 21 N N co Q W C6 r) O N o (� o � N M2, n U W rp W O C — � T o f R i ^ - Q a-- m o � C) 2 i P ° °o m �x�G Mai' _ - s uo_.._ .... ..._ d M. il ilH 3— g e a w e� a � a N� N Z' U C a Z J i i i i i i i i i i i i i i i i i O - -- ------- 1 o e �b w i i i i i i o € o m m CIA - ; (z»3 t5 T � C �\~ 3 af - 1 _ Q 4 � \ ± \ \ t - ■ /- � t ± >� _ m • � \ \ - \ § } \ M )44J./ , t5 / y p g - _ , ® ƒ ƒ ƒ ƒ{ ƒ { } } ƒƒ ƒ tp ^ � ) � f ¢ -Li \ \ \ / Ffl Q \ Q ©t /% � ~ 1 § / t CN ,�. - • t5 4 } { \ ƒ ƒ ƒ ƒƒ ƒ ƒ ƒ {} ƒƒ ƒ \\ � PE . > f \ / - t . � \\ ( m m ,�. - . t5 ® \ \ 4 } { 6 ) } \ : \ \ - -� U � ƒ .1 g }� z 3 _ .� \ / - \ / c2 El / � \) :2 1p ( \ ƒ } 2) e N� N Z' 0 T C C C4 `V Z w v C] H z a i I � r� I� I I I 1 I I F\1 W l �' I � l \� VnG I I I � dk �Iflk "In I � I � I � I � I � I � �S �c �n 4 F _ =e w� w9w'9P1P 9P Rg o0®• .00s DECO®®• N� N Z' D OO N C \"! e eSFK w T 2 w i I V'bJr I FAQ � I I ��• I 1 X ® iL LTA ` ♦ 1 � 1 �l l Y i 5 \♦ i z o E 0A4 ©g®. Doom oo®oo*- N� N Z' 0 T- or) 5 �� a El -7F CIO CIO 5 w x� u� z w � e w a 3 � b CY) QJ x t5 C5 L m Ll w Io:n� A 0 F7 x/11 --------------------------- (DI 1 --------- ----- 1 7FT L 14.1 I;:z A 11119E��I L) § � 'M( r G e n \ CIA \ ® YRz\ 6 E ~ \ \ \ - } z = a . . . . ,.. . . . : 1 z < - A � cg : ....>. . . 2 : _ _ � - _ m » : - m : * \ . . « ) | § 9 < - | ! e. | we7.7 Rg § ^^ /)IMP cy') 'Mi 16 L—L `77 FOT N N� rr. TF 1.r ow Mq z 0 1 . 2 V) z z z 0 F- cl L) 0 < C3 LO CM O -6-1 M 0 W �^ n C- W W O � ,per'.., •-.7di t tr- � .��•,� , �^., F rl. ,,Y d Y S , „O _� [�'• N,� •ram,_ M - �t` fit' - �'�i a�r��''�•. I p ,• r },�+ � ; �`,�,` .�iN••.• I.� � � � �"�"yam, � , ` 41 F w � r .a r .y ems^•-.�♦. � C. r^ r . �✓ L r y fr �j.'R�.Ly�•l �.'.1,1'R � � ?PY ate+'�.. Y� ° ..t 1� '� .'�, - . . i ^.. • ,'�- tit'.• � ~•y r°� ♦ � \ \ � ,x�'r\ , n M O U o n �/ co L W ! f IP gAiv p r< C t Y M.. f r vfyya.//R Wj dv r y� r y L Q f� MiW 4 f p P L y - '. a y r 4V , pp M� Fr rC rn M 5co L 0 � 4-0 co x v/ W _N 0) O O 0 O O °-- cn N U L N O O O— i P •bp P v a . 5� • �a e Lemiwai Rd y Pa oe as I n or t_J a tJ�a R � • PFa � t O Al 0ea°rya a� or ac` C Pa 1 r n� W L r� v/ W W L C O X W n� W L� ^L, W U q � � } § - 4� e :;{ $ \ - � 2 } , . ■ _ � ! � \ �%L 9 K 50\ / / , } m ƒ� � C / ° � ` E0LEI _ : 7 ._ ao � o - ! | m ILa7Ln 2 � 2 \/ C) 2 :3 0 , . 0 ro . 2 \ / U » E / Sc; A. tj S. /) / ///\ ��6 d � .00-0\ _ ^ "IQ \ 2§ 0 y Exhibit F Puna Zone Map 43 Hawaiian Paradise Park G K o g aRidae�o°° ,� C2 SEE PAHOA ZONE MAP MkLAMA-KI r FOREST � RESERVE `O Mcb I "x 9 A a� E gff 4� °Maemreu KEAAU � r4 OZONE SE kUURTISTOWN � sE MAP SEE MT.VIEW, Po ZONE MAP n g SEE f(ALAPANA-KAIMU alapaNa ZONE MAP T3a q� ` — t ^OLAA FOREST RESERVE s I i i i ------- ----------- --PAW,' I SEE V . Mawrimero ZONE MAP . Zr^ �acaUoR of pmWty PUNA DISTRICT ZONE MAP SECTION 25-8-22 (FORMALLY SECTION 7.18) PORTION OF ORDINANCE NO.111 AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO.69,REVISED ORDINANCES OF THE COUNTY OF HAWAII,1111,BY ADOPTING THIS ZONING MAP OF PUNA DISTRICT,HAWAII. �5 DATE OF PUBLIC HEARING:5-36.67 DATE ADOPTED BY PLANNING COMMISSION:7-21-67 DATE ADOPTED BY BOARD OF SUPERVISORS:12-20-67 PREPARED BY: PLANNING COMMISSION COUNTY OF HAWAII TAX MAP KEY:ZONE 1 Puna district zone map,marked thereupon as section 7.18. (1996,Ord.No.96460,sec.2;ratified April 6,1999.) 1 PUNA DISTRICT ZONE MAP uxsron oa.c.xinm LO co Q p W 0 `o y • o w a y a w a v o _ u c 0 a ro a. w 0 6ji r— i,, hr arr Id i AII r � • u" Ar r 1 ! 6 x i ( • Y r � CL j Y d T i T • rt� � � t I' f • r f n co rl W _0 MW W 00 lie Cc W �L. �� r • Q 75 n v 1 f �� f • r i / it WO co m : = Ln �/ ♦ C � O 66 < V V >, Lo O �� O W a D i � O � �et _ Co w a) �. f �� C 0 0- co Y Z C J � 7 w O 'YJP i /L a Li co e J o 00 !' o m a cn /r `a a %JP W U / O a r v„ l o C LPG 0 ��. ✓O O C S b il d Exhibit Wolfe Geologic Map 49 M-NEOUS INVESTIGATIONS SERIFS U S,DEPARTMENT OF THE INTERIOR NA- -1- ........... '7V SH I- C, GEOLOGIC MAP OF THE ISLAND OF HAWAII Compiled by Edward W.Wolfe and Jean Morris 1996 50 r LO O 4-a O I.^L, W 0) }� W X O W r\ ^L, W Q O L n Lo `r+ � x m,�., sue" t ' i � �}� " .• n f i �4♦ 6 r t1 r , ... , i 1 ya L"K + e u I a _y Y , � b a ^r � y• M LO O 4--j i W O 0 L r ^' 4 F - � rr . 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JS.'x+�'p, �•r "� °�y. +�"w". � #t ai, i .. ,�" W� t _ '.°8,y�...x+Y.« .� ""Y„f*r�F „�. bx�*° Y a r r - '�'1*�we W'r.-cP`�"`Iu:��... J'.#Wr "# Y��r x � :,'� p•; r�.. ,,y„1 � ,- 5 ''r r�+.� "''r v� 41,W E. !>'<'+ a> •w4 � '�"� "''*r�"� I'�A .".` " tlk -`4-�'�'�' I s �.�' �. I Y _ zi = .• t .tx ar' ,'F as 91 " +'« a e . �...y r,a*-`° X��,�..t{.T�4 �;"`I`{'�^• � � ''# ��Y x `�� r"" r �^� "°'°�, dF.q*� I� �' �, I r '•,.�- �.."5 ,a';;`*r yxr'J;'35. "' t, S .t 4k�Y. .+`j;' I". a . � �' L 5F' .. �W£ 1 yf"�� 1�y yggyly� � sty*," II •may A+ , N qq �W M ._ "'" tib'.�`•a .-. t,W4. uP �;. � 1W4. �4 . �.�'i'.�1`, ..;. .'ter..." ..-:" „'"w.":._._.�"'"LL's Y".`. _. '*,+".�� '� r O L }� V�J w 'A X W N N 0) V- CO on n'z Ip CU c 11YO lost 2 Z� ply. M L 00 4-0 I..L x W O L LL m 0- • 44 a • ra ..NI � :M1��h, °� w� ' .. � i.- �• - r �l. ..^�1,.�a �., 1� �' ,-..� ` +.','� #ice , y 1 m d Y .r „a � x ". r _ 4)f ", ' y4 9 � Y + �• 5 •`x JN"- `4, "ti« q'• � '°, E„:- • - j "' - s PM ,+g y ' i, k "°';Y�} lk „�.� �1, "� .•�*.,r ,,, °'� " 4 ,. —a ` 'ray �fi y • 111 " rrJ � r n , Exhibit Q State Historic Preservation Division Letter 65 SUZANNE U.CASE CILURPERSON DANAD Y.IGE ROARIIOF LAND ANDNAI'UR4LRILSOURCILS (i()VERNOR OF HAN'All � 1959 �Y , COMMISSION ON ATER RESOURCE NIANA6EMENT .1P u , 9�'� R y HOSEH'1'K.1VlASUllA FIlLST DEPL'PY E�ynd andNar i M.KALEO RIA.V ATI DFPL,TY DIRRCTOIL-WATNR V ,�,� ✓"J?j3My' J, AQUATIC RESOURCES . f BOATING AND OCEAN RECREATION URHAU OFCONVFYANCES COMMSSION ON N'ATER RESOURCE n1ANAGEMENT —� C'NSERVATION AMID COASTAL LANDS STATE OF HAWAII CONSFRVANON AND RITSOCRCFs FNFOReFnaFNT F.NGINHHIt INCi stdteofNa"'<o DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY AND1ILDLIFE 111STOPIC STATE HISTORIC PRESERVATION DIVISION KAHOOLANE ISLAND RESERVE ResSERVECOMMISSION KAKUHIHE W A BUILDING LAND STATh.PARES 601 KAMOKILA BLVD.,STE 555 October 13,2022 KAPOLEI,HI96707 IN REPLY REFER TO: Project No. 2022PRO 1 194 MEMORANDUM Doc.No.2210JG13 TO: M.Kaleo Manuel,P.E.,Deputy Director State Commission on Water Resource Management P.O.Box 621,Honolulu,Hawaii 96809 c/o Queenie Komori, queenie.k.komori a,hawaii. og_v FROM: Joshua Gastilo,Hawaii Island Historic Preservation Archaeologist III SUBJECT: Chapter 6E-42 Historic Preservation Review Well Construction/Pump Installation Permit Application, Andie Well (Well No. 8-3686-0072) Kea`au Ahupua`a,Puna District,Island of Hawaii TMK: (3) 1-5-058:053 RESPONSE: [ ] This is a[] public(county or state)project[X] private project and[ ] will[ ] may affect historic properties. [X] SHPD's determination is no historic properties affected for the work described under this permit (no historic properties have been identified within or near the proposed project area) Pursuant to HAR§13-284-7(e),when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends. The historic preservation review process is ended. The permit issuance process may proceed. Please attach to permit: In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains,cultural deposits,artifacts,sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division,at(808)933-7651. [ ] SHPD requests additional information in order to determine whether historic properties will be affected. Please submit the following information: Contact Joshua Gastilo at(808) 933-7653 or at Joshua. ag stilong hawaii.gov for any questions regarding this letter. Signed:'4�ae InweGl- Alan S.Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc. Douglas Kerr,dbkerr(c)live.com Derrick Moreira, derrickswelldrilling07(a)�gmail.com 66 Exhibit R Septic Plan 67 OWNER:DOUGLAS KBKK TMK:(3) 1-5-058:053 LOT SIZE:21,344 S.F. LOCATION: 15-853 PARADISE ALA KAI, 14AWARAN PARADISE PARK,KEAAU,PUNA MOTE, THE DEPARTMENT OF HEALTH NO.BEDROOMS:THREE RECOMMENDS THAT A PRIVATE WELL BE SITUATED AS FAR AS POSSIBLE FROM ANY PART Of A SEPTIC SYSTEM OR NEIGIIBORING SEPTIC SYSTEMS AND ADVISES NOTE:MINIMUM SEPARATIONS NOTE:MINIMUM SEPARATIoNs TO HAVE THE WATER QUALITY FOR SEPTIC TANK FOR SOIL ABSORPTION SYSTEM TESTED PERIODICALLY. PROPERTY LINE-5' PROPERTY LINE-5' BUILDING LINE-5' BUILDING LINE-5' STREAM OR POND-50' STREAM OR POND-50, ,. ,,�, 1• LARGE TREES-5' LARGE TREES-10' SEEPAGE PIT-5' SEEPAGE PIT-5' a SEPTIC TANKS SHALL BE INSTALLED PER y MANUFACTURER'S SPECIFICATIONS ' 'PROPOSED THREE BEDROOM DWELLING 00 q5 12-x 18'ABSORPTION BED S OWNER DISTRIBUTION BOX OWNEHALL PREVENT t. s' "PVC @ 2.0% VEHICULAR TRAFFIC 4 t OVER SEPTIC SYSTEM 0A .._ 1000 GALLON SEPTIC TANK p�P � �C.O. j , 4"PVC @ 2.0%" $ i ti SCALE: 1"=30' PROPOSED R4 PRIVATE WELL �; x FOR SEPTIC SYSTEM ONLY t� T1IIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AND CONSTRUCTI N OF THIS PR L BE CT WIl Y > ER TION. PA L NA H.,P.E. d ATLAS ENGINEERING,L EIeG;,.` _ER !e s P.O.BOX 11188,HILO HI 721 *' r PH:965-7350 FAX: 96 953 No.74CO-CE r' EXP. 4/30/2024 T - rn r N ONLY CONTRACTORS WITH THE FOLLOWING LICENSES ARE '• PERMITTED TO CONSTRUCT SEPTIC SYSTEMS:C-9 CESSPOOL, •I' C-37 PLUMBING,C-37a SEWER AND DRAIN LINE,C-43 SEWER, PROPOSED DRIVEWAY SEWER DISPOSAL,DRAIN AND PIPE LAYING,AND"A" GENERAL. 15-853 PARADISE ALA KAl SITE PLAN FOR SEPTIC SYSTEM (2) 68 I c� ca Y O 0 N Ntp 06 cc Y eSPejed p V m eke COa.J Q !y aS Pepe / d N e M �Pd LO pa�ad1 00 �eH eIV aslpeJed } U a � N n U eMiwa7 >_ e lemiwai R Pia Q 0 epa a ai ,A N U a, �v A �\a�e O pF J Pa �r 0ea LL �aP JPa Pa Pia ?a o a ^, 0ea�r mac _W O 0eacr�a c�?a v �a J 4- 0 { 0 0 TV u cu a- o � a) o v d J Pia �a 0 or�a A 0e0 't_.VnJ J • Pa . t v: ,;tea• f. �' o�J = a n I V li Ilk* j y-c Q` rj j /r• f rr 5 r G / r i r WO ! j o ca/a fn _ arF� C cc O = O cli 00 i LO i 1 m O Ln m � ce) / r o a` Yc6 Y J < Q Ocu 00� 09jas a C 2o- 4 2 c %r a CO UJr o °ci 9oP ` Q IL w ' 3 v r /1 f6 f �' lJ n P ---�a� .•,,\y r �f rf �� d Olt r Q J C� 0�P O d q � C 0 ■ / � �. �§ ) - R :E CL LU )W/ : _ 2\ /\�. • ' . 2 . . . . ` \ \ , , \ . )! -° -SS m § L. % f 0 m00% LC) ! e 6m — 00 \ ƒƒ% / 0 \ƒ Z , � 30 0� ? JCL « / _ � / 0 2 o i — ° 2 \ } \ }\} a < \ / � /\ \\ ) \ /\ 2� / § - � \j{ ( a � n ZONE K BASEMAP: FIRM BASEMAP Flood Hazard Assessment Report www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY F THE 1% ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- � r F \, °a Exhibit i bit 3 - FIRM Map 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, AO,V,and VE.The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII Zone A:No BFE determined. TMK NO: (3)1-5-058:053 Zone AE:BFE determined. WATERSHED: KAAHAKINI PARCEL ADDRESS: 15-847 PARADISE ALA KAI Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); KEAAU,HI 96749 BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 155166118OF Zone VE:Coastal flood zone with velocity hazard(wave action); 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: YES flood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ I 1%annual chance flood with average depths of less than 1 foot Pka n n 1 ng De p"e or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Exhi bi Zone X:Areas determined to be outside the 0.2%annual chance 0 40 80 ft floodplain. Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data orinformation. Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance If this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. tions to be used for compliance with local floodplain management regulations. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAI DATE: December 1, 2022 ll4"44 TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: SMA USE PERMIT ASSESSMENT APPLICATION (P L-SAA-2022-000023) Applicant: Douglas Kerr Request: Construction of a Single-Family Dwelling and Related Development TMK: (3) 1-5-058:053 We have reviewed the subject request and provide the following comments for your consideration: 1. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. 2. All construction shall be in compliance with the requirements of Chapter 27, Floodplain Management, of the Hawaii County Code. 3. Based on the site map, the subject work is located entirely in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. 4. It should be noted that a portion of the property is in an area designated as Flood Zone VE on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Flood Zone VE is the Special Flood Hazard Area inundated by the 100- year coastal flood (1% chance of occurring in any given year) with velocity hazard (wave action). The Base Flood Elevation is approximately 15 feet (computed flood elevation from mean sea level). Should any development occur within Flood Zone VE, it will need to comply with the Flood Zone VE requirements. Questions can be directed to Bryce Harada of the Engineering Division at (808) 961-8042 or email: bryice.haradaahawaiicounty.aov. Planning Depi. County of Hawaii is an Equal Opportunity Provider and Employer Exhibit�--4 o,s w'.4rxg,s i 1 i• i49 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI n�` '`�._....•Warp 345 KEKUANAO'ASTREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 November 17, 2022 COH PLANNING DEPT NOV 212022 PM2:32 REC'D HAND DELIVERED TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto. Manager-Chiel'Engineer SUB.IECT: Special Management Area Use Permit Application (11.-SMA-2022-000023) Applicant—Douglas Kerr Request—Construction of a Single-Family Dwelling and Related Development 'I'ax Map Key 1-5-058:053 We have reviejAred the subject application and have the following comments and conditions. Please be informed that the subject property is not within the service limits ol'the Department's existing water system facilities. Therefore. the Department's existing water system facilities cannot support the proposed project at this time. 1-,xtensive improvements and additions, which may include, but not he limited to source, storage, booster pumps, transmission, and distribution facilities, would be required. Should there he any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at (808) 961-8070,extension 255. Sincerely yours, 1� F Keith K. Okamoto, P.E. Manager-Chiel'Engineer TS_dig copy — Mr. Douglas Kerr . . . Water, Our 9I2ost ftecious W gsource . . . Xa Wai A Wane . . . Planning Dept. The Department of Water Supply is an Equal Opportunity provider and employer. Exhibit 5 � °`�� STATE OF HAWAI`I DAVID Y.IGE OFFICE OF PLANNING GOVERNOR ALICi § & SUSTAINABLE DEVELOPMENT MAR ACTING EVANS ACTING DIRECTOR tl ,� f•` rv' 235 South Beretania Street,6th Floor, Honolulu, Hawaii 96813 Telephone: (808)587-2846 Mailing Address: P.O. Box 2359, Honolulu, Hawai'i 96804 Fax: (808)587-2824 Web: https://planning.hawaii.gov/ DTS 202211031037NA Coastal Zone Management Program November 24 2022 Environmental Review Mr. Zendo Kern, Director Program Department of Planning Land Use Commission County Of Hawaii East Hawaii Office Land use Division 101 Pauahi Street, Suite 3 Special Plans Branch Hilo, Hawaii 96720 State Transit-Oriented Attn: Ms. Trade Lee Camero Development Statewide Geographic Dear Mr. Kern: Information System Subject: Special Management Area Use Permit Application (PL-SMA-2022- Statewide 000023), Request for Construction of a Single-Family Dwelling and Sustainability Branch Related Development, Puna, Hawaii; Tax Map Key: (3) 1-5-058: 053 Thank you for the opportunity to provide comments on the Special Management Area (SMA)Use Permit Application (PL-SMA-2022-000023)to allow for construction of a single-family dwelling and related development at 15- 853 Paradise Ala Kai Drive in Keaau, Island of Hawaii, transmitted via memorandum dated November 2, 2022. According to the subject application, the applicants propose to construct a two-story residence on a vacant shoreline parcel of 0.49 acres. The subject property is located within the residential project known as Hawaiian Paradise Park (HPP). The State Land Use Designation is Agricultural and zoned as A-la. There is little agricultural use within HPP, and there is no agricultural use near the subject property. No cultural practices, traditional and customary native Hawaiian rights have been discovered to be exercised in the area. The property is made up of igneous rock that ends in a ragged edge about 25-30 feet above mean sea level. The project site is located within the Zone X on the Flood Insurance Rate Maps, areas determined to be outside the 0.02% annual chance floodplain. The proposed development will consist of a wood-framed, single-family two-story, 3-bedroom, 2.5 bath, residential home of approximately 2212 square feet of living space. The residence will include an individual wastewater and septic system. A permitted well will provide water to the residence. Planning Dips. Exhibit Mr. Zendo Kern November 23, 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 subject SMA Use Permit Application should provide a regional location map of the property, with the project site in relation to the county designated SMA. 2. The application on pie 4 states that the setback of 80 feet from the shoreline ensures that the subject property will be around for many years to come. However, the Blended Site Map, pale 48, illustrates a 40-foot shoreline setback from the certified shoreline. Please note that 40-foot is the minimum requirement of shoreline setbacks set forth in Hawaii Revised Statutes (HRS) § 205A-43. The applicants should consult with the County of Hawaii Planning Department for the determination of the shoreline setback required for the proposed residential structure given the rock face of the cliffs. 3. The application shall provide the height of the proposed two-story single-family residential structure, and provide site-specific photos from the line of sight toward the ocean from Paradise Ala Kai Drive. The OPSD recommends that the application discuss site-specific mitigation measures as to how the two-story building structure will be blended into the surrounding visual environment. 4. The OPSD recommends that the application consider site-specific measures to ensure that the existing public access for hikers and/or fishers along the cliff-top shoreline and the shoreline rock makai of the site will be protected and maintained from the proposed development. 5. The property has a gradual down slope to the cliff-top shoreline. The application should discuss site-specific mitigation measures to prevent any runoff, sediment, soil and debris potentially resulting from the proposed project, including excavation, grading and staging, from adversely impacting the coastal ecosystem and the State waters as specified in Hawaii Administrative Rules Chapter 11-54. 6. Any exterior lighting and lamp posts associated with the proposed 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 State Historic Preservation Division (SHPD), Department of Land and Natural Resources, shall be consulted if any archaeological or historic resources are encountered during construction. Subsequent work shall proceed only upon an archaeological clearance from the SHPD. Mr. Zendo Kern November 23, 2022 Page 3 If you have any questions regarding this letter, please contact Shichao Li of our Coastal Zone Management Program at(808) 587-2841. Sincerely, U- &an's Mary Alice Evans Acting Director DeVera, Ashley From: Lebo, Susan A <susan.a.lebo@hawaii.gov> Sent: Saturday, November 26, 2022 4:41 AM To: Planning Internet Mail; Naleimaile, Sean P Cc: Camero, Tracie-Lee; Douglas Kerr Subject: SMA Permit Application for the Kerr/Gleason Property Attachments: 3-1-5-058_2022PR01379_2211 SN05_ARCHY_6E42_PRMT_NHPA_REVISED.pdf Hello, Attached is a pdf copy of our division's review of the following: HRS Chapter 6E-42 Historic Preservation Review— Revised County of Hawaii SMA Permit Application for the Kerr/Gleason Property Kea`au Ahupua`a, Puna District, Island of Hawaii TMK: (3) 1-5-058:053 HICRIS Project No. 2022PRO1379 Sincerely, Susan Susan A. Lebo, PhD SHPD Archaeology Branch Chief (808) 321-9000 cell Planning Deps. 1 Exhibit 7 SUZANNE D.CASE y�.Q F �yq? CHA7ERSON DAVID Y.IGE i P,p,. o h,' BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF FIAR'AII .(?tl 1 g 5 9 0 bbq' COMMISSION ON WATER RESOURCE MANAGEMENT r ROBERT K MASLDA y FMSTDEP= �pnd and N :5 p� arV a r•:. N1.KALEO MAh-i,ZL DEPUTY DIRECTOR-WATER C G C RESOURCES REC BOATING AND AND OCEAN RECRR EATION BUREAU OF CON TYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS C'SERVATION ANDRESOURCES ENFORCEMENT STATE OF HAWAII ENGINEERING FORESTRY AND WILDLIFE Srdr�ofHawa DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORICPRESERVATION KAHOOLAWL ISLAND RESERVE COMMISSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIIIEWA BUILDING 601 KAMOKILA BLVD,STE 555 November 23,2022 KAPOLEI,HAWAII 96707 IN REPLY REFER TO: Zendo Kern,Director Project No.2022PRO1379 County of Hawaii,Planning Department Doc.No. 2211SN10 101 Pauahi Street, Suite 3 Archaeology Hilo,HI 96720 planning@hawaiicounty.gov Dear Mr.Kern: SUBJECT: HRS Chapter 6E-42 Historic Preservation Review—Revised County of Hawaii SMA Permit Application for the Kerr/Gleason Property Kea`au Ahupua`a,Puna District,Island of Hawaii TMK: (3)1-5-058:053 This letter provides the State Historic Preservation Division's(SHPD's)revised review of subject County of Hawaii special management area (SMA) use permit application received by our office on November 2. 2022. It provides clarification regarding two separate letters for the current proposed permit application. Additionally, this letter supersedes any previous letters for the current permit application. The submittal includes a SMA Permit application, a construction plan, and photos of portions of the subject project area. The project area is the entire 0.49-acre parcel. The applicants, Douglas Kerr and Barbara Gleason (landowners), intend to construct a 3,858-sq.-ft. single-family residence, and a garage, and lanai area. The parcel is located in the Hawaiian Paradise Park subdivision. SHPD records indicate the project area has not been subject to an archaeological inventory survey(AIS).No historic properties have been identified within or in the near vicinity of the subject parcel.In a letter dated October 13,2022 (Log No. 2022PR01194, Doc. No. 2210JG13), SHPD made a determination of no historic properties for the proposed well.Based on current information,it is unlikely that surface historic properties remain in the project area. Based on current information, SHPD's determination is no historic properties affected for the proposed project. Pursuant to HAR §13-284-7(e), when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends. The historic preservation review process is ended. The permit issuance process may proceed. Attach to permit: If historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find,protect the find from additional disturbance, and contact the State Historic Preservation Division at(808) 933- 7651. Please contact Sean Naleimaile at(808)933-7651 or at sean.p.naleimaileghawaii.gov for any questions or concerns regarding this letter. Aloha, 419e I/npli ev- Alan S.Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Tracie-Lee Camero,tracie-lee.cameroghawaiicount� oovv Douglas Kerr,dbkerrklive.com SE. ,.F !fq SUZANNE D.CASE; DAVIDY.IGE AP CBS. 'y CHAIRPERSON GOVERNOR OF HAWAII 0 BOARD OF LAND AND NATURAL RESOURCES ,r P CONAIISSION ON WATER RESOURCE t - N ANAGENIENT antl o,�a�d 0 STATE OF HAWAII Sate Qf H3,N DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Nov 3, 2022 MEMORANDUM FROM: DLNR Agencies: X Div. of Aquatic Resources (kendall.l.tucker(a�hawaii.gov) _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(c-)hawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terrago(c-)hawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(a-),hawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kuba(c-),hawaii.gov) X Land Division — Hawaii District (gordon.c.heit(a)hawaii.gov) To: FROM- Russell Y. Tsuji, Land Administratorka�71�`J` SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000023) Request for Construction of a Single-Family Dwelling and Related Development LOCATION: 15-853 Paradise Ala Kai Drive, Hawaiian Paradise Park Subdivision, Keaau, Puna, Island of Hawaii; TMK: (3) 1-5-058:053 APPLICANT: County of Hawaii on behalf of Douglas Kerr Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by November 29, 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.nakamura dC hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. ( V) Comments are included/attached. Signed: Wr Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Nov 15, 2022 Attachments cc: Central Files Ncmning DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Management Area Use Permit Application (PL-SMA-2022-000023) Request for Construction of a Single-Family Dwelling and Related Development Location: 15-853 Paradise Ala Kai Drive,Hawaiian Paradise Park Subdivision, Keaau,Puna, Island of Hawaii TMK(s): (3) 1-5-058:053 Applicant: County of Hawaii on behalf of Douglas Kerr 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 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. 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. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui,Department of Planning (808) 270-7139. o Kauai: County of Kauai, Department of Public Works (808) 241-4849. Signed: 4/r ARTY S. CHANG, CHIEF ENGINEER Date: Nov 15, 2022 ,♦g O F_hq SUZANNE D.CASE DAVID V.IGE aP",+95g v^q CHAIRPERSON GOVERNOR OF HAWAII y: BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE Y ' MANAGEMENT ,and and t Ndt � cam._ Ldi P .. �. w �m ay�:atw� STATE OF HAWAII Slate Of Ha�'a\ DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,HAWAII 96809 Nov 3, 2022 MEMORANDUM FROM: DLNR Agencies: X Div. of Aquatic Resources (kendall.l.tucker(cD_hawaii.gov) _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(aD_hawaii.gov) X Div. of Forestry&Wildlife (rubyrosa.t.terrago(a-)_hawaii.gov) _Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(a)-hawaii.gov) X Office of Conservation & Coastal Lands (sharleen.k.kuba(a-)hawaii.gov) X Land Division — Hawaii District (gordon.c.heit(cDhawaii.gov) TO Russell Y. Tsuji, Land Administratork," e 7"y'a SUBJECT: Special Management Area Use Permit Application (PL-SMA-2022-000023) Request for Construction of a Single-Family Dwelling and Related Development LOCATION: 15-853 Paradise Ala Kai Drive, Hawaiian Paradise Park Subdivision, Keaau, Puna, Island of Hawaii; TMK: (3) 1-5-058:053 APPLICANT: County of Hawaii on behalf of Douglas Kerr Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by November 29, 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.nakamuraa-hawaii.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 Mgr. Division: Division of Forestry and Wildlife Date: Nov 29,2022 Attachments cc: Central Files Planning Dept. Exhibit __ 9 SUZANNE D.CASE DAVID Y.IGE 'C Ba F••Nq/,y BOARD OF LAND ANDNASOTURAL RESOURCES GOVERNOR OF HAWAII .SPX 1959 p`°°,9� COMMISSIONONWATERRESOURCEMANAGEMENT . o ROBERT K.MASLDA Q`y PNtl R_ °O FIRST DEPL TY �� Rom•, ° M.KALEO MANTEL in 4•°°.......... °°°OC' DEPUTY DIRECTOR-WATER ��p'0°•" e`�p AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CON�TYANCES STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT awA« CONSERVATION AND COASTAL LANDS DEPARTMENT OF LAND AND NATURAL RESOURCES CO sERVA oN AND RESOURCES ENFORCEMENT ENGINEERING DIVISION OF FORESTRY AND WILDLIFE FORESTRY n ATION 1151 PUNCHBOWL STREET,ROOM 325 KAHOOLAWE ISLAND RESERVE COMMISSION LAND HONOLULU,HAWAII 96813 STATERARKS November 29, 2022 MEMORANDUM Log no. 3888 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 Use Permit Application (PL-SMA-2022-000023) Requesting the Construction of a 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 for the Special Management Area Use Permit Application (PL-SMA-2022-000023) from the County of Hawaii on behalf of Douglas Kerr to allow for the construction of a single-family dwelling and related development on a 0.49-acre lot located at 15- 583 Paradise Ala Kai Drive in the subdivision known as Hawaiian Paradise Park, Keaau,Puna, on the island of Hawai`i; TMK: (3) 1-5-058:053. The proposed project consists of developing a wood- framed, single-family two-story, 3-bedroom, 2 1/2 bath, residential home of approximately 2212 square feet of living space; and removing non-native invasive plants and trees to be replaced with native Hawaiian species. Native trees and shrubs that exist will be identified and not subject to ripping or grading. DOFAW concurs with the mitigation measures included in the application intended to avoid construction and operational impacts to State-listed species including the Hawaiian Goose orNene (Branta sandvicensis). We also appreciate the measures outlined to remove invasive plant and tree species to replace them with native plant species. DOFAW provides the following additional comments regarding the potential for the proposed work to affect listed species in the vicinity of the project area. 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 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 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, when young seabirds make their maiden voyage to 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 hgps:Hdlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. The State listed Hawaiian Hawk or `Io (Buteo solitarius) may occur in the project vicinity. DOFAW recommends that surveys of the area be conducted by a qualified biologist 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. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain detrimental fungal pathogens (e.g.,Rapid `Ohi`a Death),vertebrate and invertebrate pests (e.g., Little Fire Ants, Coqui Frogs, etc.), or invasive plant parts (e.g., African Tulip, Octopus Tree, Trumpet Tree, etc.) 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. 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.radleyghawaii._oovv. Sincerely, LAINIE BERRY Wildlife Program Manager Douglas Kerr & Barbara Gleason 15-2683 Lalakea St. Pahoa, HI 96778 phone: (949) 954-0414 facsimile: (714) 200-0123 email: dbkerr@live.com November 28, 2022 Mr. Zendo Kern, Director Department of Planning County of Hawai'i East Hawai'i Office 101 Pauahi St., Suite 3 Hilo, HI 96720 Attn: Ms. Tracie Lee Camero Re: Response to Letter from Hawaii Office of Planning and Sustainable Development(OPSD) Dear Mr. Kern: This letter is in response to the letter dated November 24, 2022, from the State of Hawai'i Office of Planning and Sustainable Development. Applicant appreciates the opportunity to respond to this particular letter and reserves the right to respond to additional comments by agencies as necessary. The comments as provided by the OPSD are listed in italics and the response of Applicant follows each comment. 1. The subject SMA Use Permit Application should provide a regional location map of the property, with the project site in relation to the county designated SMA. Applicant is unaware of any requirement for a regional location map of the property to include the project site in relation to the county designated SMA. In fact,no earlier Hawai'i County applications could be found with such a map. Nevertheless,these maps have now been included as attachments to the permit in both neighborhood and city-wide maps since the definition of "regional" was not provided by the OPSD. (See also Exhibits"1" and "2" attached to this letter.) 2. The application on page 4 states that the setback of 80 feet from the shoreline ensures that the subject property will be around for many years to come. However, the Blended Site Map,page 48, illustrates a 40 foot shoreline setback from the certified shoreline. Please note that 40 foot is the minimum requirement of shoreline setbacks set forth in Hawaii Revised Statutes (HRS) § 205A-43. The applicants should consult with the County of Hawaii Planning Department for the determination of the shoreline setback required for the proposed residential structure given the rock face of the cliffs. Applicant made an error in including a legal term "shoreline" in a sentence in the section discussing Community Development Plans on page 4 of the application. The word should have read that the home is 80 feet back from the "shore or pali or cliff edge," not"shoreline." Applicant apologizes for this error in language. However, Applicant does stand by its assertion that compared to sand, rock tends to erode at a much slower rate. As noted,the rock face might erode a maximum of 0.7 inches a year. Given that the "shoreline" (using the legal term)in the project area consists entirely of rock, an 80-foot setback from the pali is remarkably conservative. In fact, Applicant contemplated requesting a variance of the setback considering that most of the homes on the HPP "shoreline" (using the legal term) have far less setbacks from the pali than the subject property. Perhaps if this property were on a sandy beach in Kuala- Kona, an 80-foot setback from the water's edge would be ripe for discussion. Here, it is not. Planning Depi. Exhibit _.__ 10 Mr. Zendo Kern November 27, 2022 Page 2 3. The application shall provide the height of the proposed two-story single-family residential structure, and provide site-specific photos from the line of sight toward the ocean from Paradise Ala Kai Drive. The OPSD recommends that the application discuss site-specific mitigation measures as to how the two-story building structure will be blended into the surrounding visual environment. The height of the proposed two-story home is identified on pages 26 and 27 of the SMA Application, Exhibit "A", Plan Drawings. The indicated height begins at an assumed 100 feet elevation and the measurement to the roof facia is 20 feet and another 8 feet 8 inches to the roof peak. The entire home height is 28 feet 8 inches from slab to roof peak. (Or, about 10 feet taller than a one-story home.) This is the typical height of a two-story home. A photo of the frontage road,Paradise Ala Kai, is included in the SMA application on page 64, as Exhibit P. As can be observed from the photo, there is no current line of sight from the Paradise Ala Kai Drive to the sea. Sightlines are completely obstructed by the overgrown trees and bushes. This is also shown in Exhibit B and C of the SMA application on pages 36 and 38. As a further example, Applicant provides a Google Maps street view photo dated 2019 directly in front of the subject property. (Attached as Exhibit"3".)In the intervening years,the trees and bushes have grown, and no clearing has occurred. Applicant reminds the OPSD that Paradise Ala Kai Drive is not a state or county highway and is a private road maintained by the homeowners. As to site-specific measures to blend a home into the surrounding visual environment,Applicant is confused. It has been suggested by some that the house be painted blue to match the ocean, but this is problematic since looking at the house from the side would actually make the home stand out from the surrounding trees and ground cover. At this time, Applicant plans to paint the home light brown or beige so that it matches surrounding homes. Applicant's decision to build a two-story home was partially based on the desire to provide additional area for foliage and other flora and to allow a sightline from Paradise Ala Kai Drive, although none is required for a private road under the SMA rules. Applicant is also unaware of any SMA requirement as to discussing in an SMA application the blending of a home into the surrounding visual environment, if that were even possible. (See also Exhibit "4" showing current sightline on Paradise Ala Kai Dr.) 4. The OPSD recommends that the application consider site-specific measures to ensure that the existing public access for hikers and/or fishers along the cliff-top shoreline and the shoreline rock makai of the site will be protected and maintained from the proposed development. On page 11, Section L,Public Access, of the SMA application, it is stated that no shoreline access points or shoreline uses will be impacted by the proposed project. Also noted in the SMA application on page 15, F. "The area of the shoreline setback (makai of the house site)will be marked and fenced at the construction areas bordering the shoreline setback to avoid any possible disturbance to the ground or vegetation within setback area during construction activities. The total amount of setback and shoreline disturbance will be minimized, as the construction contractor will be limited to the specific delineated construction work areas within the property." Accordingly, site-specific measures are already contemplated to negate any impact to the shoreline access, and the SMA application does not need any further additions discussing public access. 5. The property has a gradual down slope to the cliff-top shoreline. The application should discuss site-specific mitigation measures to prevent any runoff, sediment, soil and debris potentially resulting from the proposed project, including excavation, grading and staging, from adversely impacting the coastal ecosystem and the State waters as specified in Hawaii Administrative Rules Chapter 11-54. On page 15 of the SMA application, Section F, "Mitigating measures proposed to minimize impact,"the application does discuss mitigation measures in detail as to preventing runoff, etc. No further discussion in the SMA application is warranted. Mr. Zendo Kern November 27, 2022 Page 3 6. Any exterior lighting and lamp posts associated with the proposed 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. Applicant will keep exterior lighting to a minimum as required by regulations. 7. The State Historic Preservation Division (SHPD),Department of Land and Natural Resources, shall be consulted if any archaeological or historic resources are encountered during construction. Subsequent work shall proceed only upon an archaeological clearance from the SHPD The SHPD has noted as such. Should any further discussion of this letter from the OPSD be necessary, please contact Douglas Kerr at (949) 954-0414 Sincerely. Applicant, n�o� <�t> Douglas B. Kerr Barbara Gleason ca a E � L r L C� G O CL C Y V I a O � T O-r- M Q 11 002 O J�yQ �i. m I I lil III l'1 I I Ili 1) lil � III r ��I m I w +h o s N 2 a` a 41 4 co C r 0 N p O co to N N N m rn � en N n5 n N *M V N N V J C R V f0 U1 C 7 CL o Q 0 IT-] s 6 e L Cu � � U � L Y = o -c U Q c` _ 0 a G� Q E> ;T Cl) V/ r o n„ U3 f 7 y `L' �V W r ,r ci y 1. ll s W FL ID c ' n V � Y a 3 V"1 ° (6 m rig al ' a a a--' o � c E } N N m n _ a m ° c v u T am a =_'� E YD 5 ^ ' , �r• r IAA , Mfy r 1 s r' +mil f* rl Y w�l 40, J ; •� i41r 1 �} e ��i " i � y4 p.; f Aw LU .ter��r•� � i •, � '.'` �' ��' �, 1 Nam•.. .t•`r k«I °::S A.. .. « .w: '" '^ IC^ar'"YO� k ✓t � 'TT Mr'kry�' I � I T"•1 r^ •� °' � /j fro'« '�'Pk 4+ pr1Y":� I � Z (pJ 4r .wv A 1, 't 1, « � M I . . ; ter► � �F,.\v ; ` '; 1 1 Ilk .. , WP , II II(I _ ASA 'y ,{ S r � - Y &—. • � i �� •� .L�r � \\ �it� �' ��''� ..4 �° ri A r low!,r /� I 3 ,.� 0 •' AE ,r., �116• 6 Y4,+a ry9 1 /3 k P A [ ,: AN Douglas Kerr & Barbara Gleason 15-2683 Lalakea St. Pahoa, HI 96778 phone: (949) 954-0414 facsimile: (714) 200-0123 email: dbkerr@live.com December 5, 2022 Mr. Zendo Kern, Director Department of Planning County of Hawai'i East Hawai'i Office 101 Pauahi St., Suite 3 Hilo, HI 96720 Attn: Ms. Tracie Lee Camero Re: Response to Agency Reviews Dear Mr. Kern: Applicant appreciates the opportunity to comment on the many agencies that have offered suggestions and direction in the Special Management Area(SMA) application. Applicant also greatly appreciates the time involved in each agency's review of the SMA application given the length and detail of the application. Applicant responds to each agency below. Department of Land and Natural Resources Aquatic Resources Division Although no comments where offered, Applicant appreciates the review by the Aquatic Resources in noting that coastal public access will be unaffected by the proposed construction and the mitigative measures outlined in the SMA application. Conservation and Coastal Lands Office The Office notes that the subject property is not within the Conservation District. Engineering Division Applicant acknowledges the need to follow Flood Hazard designation and points to the Flood Hazard Map in Exhibit G of the SMA application as demonstrating the Zone X designation of the subject property. Forestry and Wildlife Division Applicant acknowledges the concurrence of the Forestry and Wildlife to the mitigation measures outlined in the SMA application and also the measures provided in the application to remove invasive plant and tree species. Applicant respects the additional comments regarding the potential of the proposed project to affect additional species in the vicinity of the project area. The Forestry and Wildlife Division cautioned Applicant to be sensitive to the following additional items: Planning Dept. Exhibit _.__ 11 Mr. Zendo Kern December 5, 2022 Page 2 The Hawaiian Hoary Bat or' Ope' ape' a(Lasiurus cinereus semotus)between June 1 and September 15 during the birthing and pup rearing season. The Hawaiian Hawk nests may be present during breeding season from March to September. The Division also noted that artificial lighting should be kept to a minimum. This would especially be true if nighttime work was to be performed between September 15 through December 15. It was recommended that Applicant consult with the Big Island Invasive Species Committee to help plan, design, and construct the project and learn of any high-risk invasive species in the area in order to mitigate their spread. Also, the Division stated that all equipment, materials and personnel be cleaned of excess soil and debris when being moved offsite. Applicant appreciates these thoughtful and informative comments by the Forestry and Wildlife Division. Fortunately, Applicant plans to immediately begin grading and clearing of the proposed project upon the anticipated approval of the SMA permit. This immediate clearing will avoid any potential harm to either the Hawaiian Hoary Bat or Hawaiian Hawk nests that would possibly be present from June 1 through December 15 of the new year. Applicant will take careful consideration in the use of artificial lighting during and after the construction of the project. Applicant does not plan on permitting any construction activity on the project during nighttime. Applicant intends to shred and spread the invasive flora and fauna species found on the project completely within the confines of the subject property. This will avoid any potential contamination outside the project area. Applicant acknowledges the suggestion by the Division to consult with the Big Island Invasive Species Committee to help plan and design the project, especially the landscaping. In keeping with Applicant's desire to showcase native flora, the Applicant is enthusiastic to learn of a resource that might help identify and appropriately place native species. Finally, Applicant acknowledges the obligation to identify and conserve native species and to avoid any negative environmental impacts. Should any endangered or threatened species be impacted, Applicant will immediately contact the Division staff. Historic Preservation Division Although there was some initial confusion regarding the subject property, Applicant is relieved to observe the considered examination provided by the Historic Preservation Division. Applicant agrees that that the subject property has "no historic properties affected" for the proposed project. Applicant also acknowledges the obligation to immediately cease all construction activity should any lava tube openings concentrations of artifacts, structural remains or human skeletal remains be found during construction activities. Applicant will, protect the find from additional disturbance, and contact the State Historic Preservation Division immediately. Land Division Hawaii District No comment Planning and Sustainable Development Office, State of Hawaii Applicant has already responded to the comments by the Office at length.Applicant does apologize for what may be considered a harsh tone in the response to the Office of Planning and Sustainable Development(OPSD) agency review. Applicant was surprised at the confrontational aspects of the OPSD review. This is especially the case where the OPSD expected the Applicant to amend its SMA application Mr. Zendo Kern December 5, 2022 Page 3 to incorporate items that either already were in the application or are not required as part of an SMA application. It appeared that the OPSD did not entirely review Applicant's SMA application. Police Department, County of Hawai'i Applicant agrees that there is no significant impact to traffic or public safety with the proposed building of a residential home at this location. Water Resource Management Commission No comment Water Supply Department of Hawai'i County As noted, the subject property is not within the County of Hawai'i Water Supply Department service limits. The Applicant intends to install a well on the subject property. Once again, Applicant thanks the Planning Commission for the opportunity to respond to the agency reviews of the SMA application. These reviews demonstrate the gravity and respect for the lands of Hawai'i Island and Applicant is impressed by the thoughtful and helpful directions and suggestions put forth by the agencies. Should any further discussion of this letter from the OPSD be necessary, please contact Douglas Kerr at (949) 954-0414 Sincerely. Applicant, n�o� �/< "> Douglas B. Kerr Barbara Gleason