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PD BACKGROUND REPORT (PL-SMA-2023-000040)
BGo1d coastSMA AJR 11/7/2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT GOLD COAST SP LLC SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2023-000040) Gold Coast SP LLC has submitted an application for a Special Management Area (SMA) Use Permit to construct a two (2) story, 3,934 square foot single-family residence, two (2) car garage, covered lanai, and related improvements on 23,958 square feet (sf) of land situated within the SMA. The subject property is located at 15-1107 Ala Heiau Road approximately 450-feet east of the Ala Heiau and Maku`u Drive intersection, Block "II" Kea`au, Puna, District, Hawaii, TMK: (3) 1-5-031:062. PROPOSED DEVELOPMENT I. Request: Gold Coast SP LLC seeks an SMA Use Permit to construct a 3,934 square foot single-family residence containing two (2) stories, five (5) bedrooms, and three (3) bathrooms. The ground floor is proposed to contain two (2) bedrooms, one (1) full bathroom, a recreation room, a laundry, and storage room, and a two (2) car garage. The second floor would have three (3) bedrooms, two (2) full bathrooms, a kitchen, living room, and a covered lanai. According to County records, there is no existing development on the subject parcel. The dwelling will utilize a Department of Health approved individual wastewater system (IWS). County water is not available to the site; however, the applicant intends to drill a water well and install a water pump for residential use in accordance with the rules and regulations of the Commission on Water Resource Management (CWRM). An array of twenty (20) solar panels will be used for electricity. 2. Project Objectives: The purpose of the project is to construct a single-family residence on the subject parcel for personal use. 3. Cost/Time of Project: The current estimated cost of the improvements is $700,000. The project would be initiated after completion of the final design and the granting of all necessary permits. -1- 4. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — SMA Use Permit Application dated August 29, 2023) 5. Landowner: Gold Coast SP LLC. STATE AND COUNTY PLANS 6. State Land Use Designation: Agriculture 7. General Plan LUPAG MAP: Open (ope) 8. County Zoning: Agricultural 1-acre (A -la) 9. Puna Community Development Plan (PCDP): The Puna Community Development Plan was adopted by the Hawaii County Council by Ordinance No. 08-116 on August 27, 2008. 10. Special Management Area (SMA): The project is located within the Special Management Area and therefore, the proposed development is subject to SMA review. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: It is rectangular in shape with its northern boundary abutting the coastline. The parcel is located in the Hawaiian Paradise Park subdivision in Puna. The parcel was previously cleared in 1965 and is currently undeveloped and vegetated with Coconut Palm (Cocos nucifera), Swiss Cheese Plant (Monstera deliciosa), Guinea Grass (Megathyrsus maximus) and Autograph tree (Clusia rosea). The southern perimeter of the property is at an elevation of approximately 25 feet and the remainder of the property gently slopes downward toward the ocean. 12. Surrounding Land Zoning/Uses: The surrounding area is primarily residential, with most of the parcels developed with single family residential structures and related improvements within the A -la zoning designation. The rocky coastline consists of a small tidal bench with no significant beaches or sandy deposits. 13. Soil Type: The soil is comprised of Opihikao highly decomposed plant material with 2 to 20 percent slopes (2kllp). This soil type consists of organic material over pahoehoe lava flows. 14. Land Study Bureau's Detailed Land Classification System: The project site is listed as "E" (Very Poor). -2- 15. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The project site is listed as "unclassified" ("0") on the ALISH Map. 16. Flood Insurance Rate Map (FIRM): The proposed project will be within Flood Zone X (areas outside the 500-year flood zone), however, flood zone VE includes the remainder of the parcel. Additionally, the property is in the tsunami evacuation area. During evacuation, occupants of the proposed house would use Ala Heiau Road to evacuate. 17. Flora/Fauna Resources: Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The parcel is currently undeveloped and is primarily vegetated with Coconut Palm (Cocos nucifera), Swiss Cheese Plant (Monstera deliciosa), Guinea Grass (Megathyrsus maximus) and Autograph tree (Clusia rosea). The applicant's landscaping plans include sea grass and non-invasive plants consistent with the coastal area and surrounding properties. Such plants may include ti (Cordyline fruticosa), naupaka (Scaevola taccada), coconut (Cocos nucifera), hala (Pandanus tectorius), kukui nut (Aleurites moluccanus), and other low and noninvasive grasses or ornamentals. The site is not known to be a habitat for any rare or endangered animal life. However, it would be possible to find the Hawaii Hawk (I`o) (Buteo solitarius), the Hawaiian Owl (Pueo) (Asio flammeus sandwichensis), and the Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) flying over, roosting, or utilizing resources near the property. 18. Archaeological Resources: Based on the long development history of the subject parcel it is highly unlikely that any historic sites would be found on the property. In conformance with review criteria the project was submitted to the State Historic Preservation Division (SHPD) for a HRS, Ch. 6E-42 review. According to a letter dated August 22, 2023, SHPD confirms that no historic properties will be affected for a portion of the proposed project. Staff notes that SHPD did not respond to an additional review request for the proposed residence. Based on current information, the SHPD has no objections to the issuance of the SMA for the proposed project (Planning Department Exhibit 2 — August 22, 2023, Letter). 19. Cultural/Historic Resources: The subject parcel is adjacent to the shoreline which is -3- accessible by a nearby shoreline access path located at the end of Ala Heiau Road. The proposed project will not alter or impact the access or its use. It is not known whether the subject site or immediately surrounding area was ever used for gathering of plants or other materials by native Hawaiians. Given the long history of residential development of the area, it would appear very unlikely that the site would contain any useful materials. 20. Recreational Resources: The subject parcel is located adjacent to the shoreline. Recreational activities such as fishing, swimming, and surfing are conducted in this area. Access to the shoreline is via the nearby access path, or from walking along the lateral shoreline access. 21. Scenic and Open Space Resources: On the roadway (Ala Heiau Road) fronting the subject parcel there are no ocean views on the approaches from the east or west. Open space resources include access to the shoreline which is accommodated by the existing shoreline right-of-way located at the end of Ala Heiau Road. Impacts to scenic resources are not anticipated since the proposed home would be similar to the development located on each side of the subject parcel. 22. Public Access: There is an existing 5-foot-wide pedestrian shoreline public access ROW located nearby to the property to the west. This access will remain unaffected by the project both during construction and after completion of the project. PUBLIC UTILITIES AND SERVICES 23. Access: The property is accessed via Ala Heiau Road, a County owned and maintained roadway. 24. Water: Water is not available to the site; the applicant will be applying for a personal well via the CWRM. 25. Wastewater: The proposed single-family dwelling will be serviced by a Department of Health approved individual wastewater treatment unit. 26. Other Essential Utilities and Services: An array of twenty (20) solar panels will be used for electricity. AGENCIES' COMMENTS 27. State Department of Health: (Planning Department Exhibit 3 — October 17, 2023, Memo). N 28. Department of Environmental Management — Solid Waste/Wastewater: (Planning Department Exhibit 4 — October 30, 2023, Memo). 29. Department of Water Supply (DWS): (Planning Department Exhibit 5 — October 30, 2023, Memo). 30. State Office of Planning and Sustainable Development (OPSD): (Planning Department Exhibit 6 — October 31, 2023, Letter). 31. Department of Public Works, Engineering Division: (Planning Department Exhibit 7 — November 7, 2023, Memo). AGENCIES - NO COMMENT 32. County of Hawai `i Police Department; Hawai `i Fire Department; Real Property Tax Office. AGENCIES - NO RESPONSE 33. Department of Public Works- Building Division; DLNR. PUBLIC COMMENTS 34. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. -5- Zoho Sign Document ID: 2A6681DB-XDTHZGPBNLH68LBC6FU-W44LGNOLKONZJIOW-WTAOBW SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAI`I PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): Gold Coast SP LLC APPLICANT'S SIGNATURE: �°�^�-� C,4 . DATE: Aug 29 2023 18:08 PDT ADDRESS: 842 Three Mile Drive, Grosse Pointe, MI 48230 LIST APPLICANT'S INTEREST (if not owner): PHONE: (Bus.) 313-618-6178 (Res.) (Email) paul.chuba@ascension.org REQUEST: To construct a single-family residence and related improvements TAX MAP KEY: (3) 1-5-031:062 ZONING: A-1 a SIZE OF PROPERTY / AREA OF REQUESTED USE: 23,958 sf / 6,700 sf LANDOWNER(S): Gold Coast SP LLC FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): P_c _ AGENT: John Pipan, Land Planning Hawaii LLC AGENT ADDRESS: 194 Wiwoole St, Hilo, HI 96720 PHONE: (Bus.) 808-333-3393 (Res.) m" DATE: Aug 29 2023 18:08 m r%T (Email) info@landplanninghawaii.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planning Dept. Exhibit___ 1 "IftieGenerated on Aug 29, 2023 18:08 PDT Certificate of Completion Summary Document ID : 2A6681DB-XDTHZGPBN LH68LBC6FU-W44LGNOLKONZJIOW-WTAOBW Document Name: Chuba - LOA SMA Sent by: Kim Chiodo <kim@landplanninghawaii.com> Organization : Land Planning Hawaii LLC 194 Wiwoole St.,Hilo,H (,United States 96720 Sent on : Aug 29, 2023 16:11 PDT Signers Completed on : Aug 29, 2023 18:08 PDT Receives a copy Sign order : Random Approvers No. of documents : 2 Recipients Z-Z Paul Chuba Signer paul.chuba@ascension.org Emailed on : Aug 29, 2023 16:11 PDT Viewed on : Aug 29, 2023 18:06 PDT Terms agreed on : Aug 29, 2023 18:07 PDT Signed on : Aug 29, 2023 18:08 PDT Signature Accessed from : 23.115.208.9 Deviceused : Mobile Authentication type : None Signatory ID : 9CF3C4FCOOB03F752A8368 A90EF22ACC8D7D 156B8C B 2D B86D7F1929204487F2B SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION PAUL CHUBA HAWAIIAN PARADISE PARK, KEA`AU, PUNA, HAWAI`I TMK: (3) 1-5-031:062 TABLE OF CONTENTS L BACKGROUND INFORMATION....................................................................................... 4 A. EIS...................................................................................................................................... 4 B. Project Description, Objectives and Reasons................................................................. 4 ProjectObjectives............................................................................................................... 4 ProjectComponents............................................................................................................ 4 C. Property Description........................................................................................................ 6 D. Project Valuation.............................................................................................................. 6 E. State/County Plans Affecting Request............................................................................ 6 StateLand Use.................................................................................................................... 6 DLNR Conservation District............................................................................................ 16 CountyGeneral Plan......................................................................................................... 21 Puna Community Development Plan................................................................................ 21 F. Special Management Area & HRS 205A Guidelines Discussion ................................ 21 HRS205A-2 Objectives................................................................................................... 21 HRS 205A-2 Policies........................................................................................................ 24 G. Surrounding Zoning and Land Uses............................................................................. 29 H. Flood Insurance Rate Map............................................................................................. 30 I. Archaeological Resources............................................................................................... 30 J. Floral and Faunal Resources......................................................................................... 30 K. Valued Cultural Resources............................................................................................ 34 L. Public Access................................................................................................................... 34 M. Description of Access...................................................................................................... 34 N. Traffic Impacts................................................................................................................ 34 O. Availability of Utilities.................................................................................................... 35 Water................................................................................................................................. 35 Wastewater........................................................................................................................ 35 OtherUtilities.................................................................................................................... 35 P. Potential Areas of Concern............................................................................................ 35 CoastalHazards................................................................................................................ 35 CoastalEcosystems........................................................................................................... 35 II. ANTICIPIATED IMPACTS............................................................................................... 36 A. Environmental Setting.................................................................................................... 36 GeneralDescription.......................................................................................................... 36 Soils.................................................................................................................................. 36 Floraand Fauna................................................................................................................. 37 Volcanic and Earthquake Hazards.................................................................................... 37 Flood/Drainage................................................................................................................. 39 2 B. Relationship to Land Use Plans and Policies................................................................ 40 SpecialManagement Area................................................................................................ 40 C. Probable Environmental Impact................................................................................... 40 D. Unavoidable Adverse Environmental Effects.............................................................. 40 E. Alternatives to Proposed Action.................................................................................... 41 NoProject......................................................................................................................... 41 AlternateLocation............................................................................................................ 41 F. Irreversible and Irretrievable Commitment of Resources .......................................... 41 FIGURES Figure1: Location Map..................................................................................................................5 Figure2: Plot Plan...........................................................................................................................7 Figure 3: Building Abbreviations...................................................................................................8 Figure4: Ground Floor Plan............................................................................................................9 Figure 5: Second Floor Plan/Ground Roof Plan...........................................................................10 Figure 6: Front and Rear Elevations..............................................................................................11 Figure 7: Left and Right -Side Elevations......................................................................................12 Figure 8: Hawai`i County Zoning Map.........................................................................................13 Figure 9: 1965 Historical Aerial Photo..........................................................................................14 Figure 10: State Land Use Designation Map.................................................................................15 Figure 11: Land Use Pattern Allocation Guide (LUPAG) Map...................................................17 Figure12: FIRM Map....................................................................................................................31 Figure 13: Map of 3.2-Foot Sea Level Rise Exposure Area..........................................................32 Figure 14: Volcanic Hazards Map.................................................................................................38 EXHIBITS Exhibit A: No Effect Letter from SHPD for Well Permit Application No. 8-3585-012 3 I. BACKGROUND INFORMATION A. EIS The proposed project was evaluated with respect to Hawaii Revised Statutes Chapter 343-5 and no triggers were identified. Therefore, further environmental review should not be required beyond what is detailed in this report. B. Project Description, Objectives and Reasons Paul Chuba, sole proprietor of Gold Coast SP LLC ("applicant"), is seeking a Special Management Area (SMA) Use Permit to build a single-family residence and related improvements on his property located at 15-1107 Ala Heiau Road in Hawaiian Paradise Park, Kea`au, Puna, Hawaii. The subject parcel identified as TMK (3) 1-5- 031: 062 is located approximately 450 feet east of the Ala Heiau and Maku`u Drive intersection (Figure 1). The applicant wishes to develop a two (2) story, 3,934 square foot single-family residence containing five (5) bedrooms and three (3) bathrooms on the subject property for his family. The parcel consists of 23,958 square feet of land zoned Agricultural 1-acre (A -la). All proposed improvements will be located on the mauka side of the property. The dwelling is proposed to be approximately 100 feet from the shoreline and thus a waiver from the requirement to obtain a certified shoreline survey is requested. On aerial imagery it looks as though an existing dwelling is located on the subject property. However, this home is in fact on the neighboring parcel to the south, identified as TMK (3) 1-5-031: 061. The aerial imagery and parcel boundaries are simply misaligned. No existing structures exist on the subject site. Furthermore, the applicant has reached out to several neighbors in the area notifying them of his development plans and only positive feedback has been received. Project Objective The project objective is to obtain an SMA Use Permit to build a single-family dwelling and associated improvements on the parcel subject to Special Management Area regulations outlined in the Planning Departments Rules of Practice and Procedure (Rule 9). E 0 Er A a ......._ .g A;*'cs,.Vv-fo P�--'aonnos ...___..... ........ _... __ __•oe°m° 6ig> c� LO Proiect Components The applicant proposes to construct a 3,934 square foot single-family residence containing two (2) stories, five (5) bedrooms, and three (3) bathrooms. The ground floor is proposed to contain two (2) bedrooms, one (1) full bathroom, a recreation room, a laundry, and storage room, and a two (2) car garage. The second floor would have three (3) bedrooms, two (2) full bathrooms, a kitchen, living room, and a covered lanai. Total living area of the proposed residence is 2,382 square feet. The proposed garage is 480 square feet, and covered lanai 1,072 square feet. The dwelling will utilize a Department of Health approved individual wastewater system. County water is not available to the site. The applicant intends to drill a water well and install a water pump. The well will be constructed in accordance with the rules and regulations of the Commission on Water Resource Management. The parcel will require minimal grading to create the building pad and driveway. An array of twenty (20) solar panels will be used for electricity. Figures 2-7 display the site plan, floor plans, roof plans, and elevations. C. Property Description The subject property contains 23,958 square feet of land zoned Agricultural 1-acre (A -la) (Figure 8). It is rectangular in shape with its northern boundary abutting the coastline. The parcel is located in the Hawaiian Paradise Park subdivision in Puna. The parcel was previously cleared as shown in the attached historical aerial photo taken in 1965 (Figure 9). It is currently undeveloped and is primarily vegetated with Coconut Palm (Cocos nucifera), Swiss Cheese Plant (Monstera deliciosa), Guinea Grass (Megathyrsus maximus) and Autograph tree (Clusia rosea). The southern perimeter of the property is at an elevation of approximately 25 feet and the remainder of the property gently slopes downward toward the ocean. D. Project Valuation The applicant hopes to secure County SMA Permit approval as soon as possible and begin the Building Permit process immediately thereafter. Construction is anticipated to begin within one year of building permit approval and complete within three years. The estimated value of this project will be roughly $700,000. E. State/County Plans Affecting Request State Land Use The State Land Use designation of the subject property is Agricultural (Figure 10). n3a n3a z90iso-s-I (s) xvsl. 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As such, the County can process this application. DLNR Conservation District The property is located outside of the Department of Land and Natural Resources Conservation District. County General Plan The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the site as Open (Figure 11). This designation is generally intended for parks and other recreational areas, along with open shoreline areas. However, the LUPAG map is a guide and not "set in stone". Many properties along the Maku`u coastline in the Open area also have developed single-family residences. The proposed dwelling will be placed on the mauka side of the property, approximately 100-feet from the shoreline. Further, the proposed action will retain the essential character of the land and will be consistent with the surrounding area and with the goals, policies, and standards of the General Plan document. The proposed construction of one (1) single-family residence and associated improvements would provide temporary employment for local construction workers and would support the economy through the purchase of construction materials from on -island suppliers. This will stimulate and support the general economic stability and development of Hawaii Island by allowing for local businesses to thrive and gain income from the proposed project. In the long-term, the newly constructed single-family residence will bring in additional property taxes, adding revenues to the County coffers. The proposed development would not provide adverse effects on the environment or the natural resources of the region. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be contrary to any of those objectives. The project will be energy conscious through its use of solar energy and design features that take advantage of the sun and wind patterns. A twenty (20) panel solar array is proposed to be installed for electricity and a solar water heater. 16 QL 5cu ^L` W 70 `./=3 V O -1�-j cu U O L a) -1�-i u n a) W 70 c cu J C¢-Ua U) YU) O Z - `p Q O O o 0 c -2 ` p Q.O. O.fD � Q`-Z - cco 22 0 Q W W O _T U 7 C W m Z,E I� u) o = N o U U N _ _ N o o _- � no I EM o o 2_T m Z E O a E o C'd Q U M V = 0 - O O _ Q d < T oz� �N T L (n C Q O a O O UZ7m0 1� 1� F rrTT� There may be a modest increase in vehicular emissions during construction, but otherwise all other air pollution associated with the project should be negligible. Additionally, the long-term traffic generation, and thus vehicular emission, will be limited to typical residential use. Air pollutants during construction will be limited and temporary. The main sources of short-term air pollutants are construction equipment exhaust and dust. Ala Heiau Road is a dirt road that is prone to dust impacts. Rules and regulations outlined in Hawaii Administrative Rules Chapter 59 "Ambient Air Quality," and Chapter 60.1 "Air Pollution," will be followed during all construction and operation activities. HAR §11-60 on Fugitive Dust prohibits visible emissions of dust from construction activities. These regulations will be strictly followed to prevent dust impacts to Ala Heiau Road. In addition, reasonable measures to control airborne and visible fugitive dust from road areas are outlined by the Department of Health's Clean Air Branch. These measures include, but are not limited to: • Planning the different phases of construction, focusing on minimizing the amount of airborne, visible fugitive dust -generating materials and activities, centralizing on -site vehicular traffic routes, and locating potential dust - generating equipment in areas of the least impact. • Providing adequate water sources at the site prior to start-up of construction activities; Landscaping and providing rapid covering of bare areas, including slopes, starting from the initial grading phase. • Minimizing airborne, visible fugitive dust from shoulders, and access roads. • Providing reasonable dust control measures during weekends, after hours, and prior to daily start-up of construction activities. • Controlling airborne, visible fugitive dust from debris being hauled away from the project site. Minimal grading will be required. Construction Best Management Practices (BMPs) will prevent impacts from stormwater runoff. These are discussed in Section I, subsection P of this report. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. The project will utilize an individual wastewater system approved by the Department of Health, which will mitigate potential water quality, coastal ecosystems, and soil impacts due to wastewater. Construction BMPs and mitigating measures will prevent impacts to soil. The subject site is zoned Agricultural but has a Land Study Bureau Overall Productivity Rating of "E" or very poor. The long-term solid waste impact will be consistent with residential use with little potential for waste management issues or noxious wastes. Temporary noise will occur during the construction of the dwelling, however, there should be little, if any, long-term impacts. The request is consistent with residential use in the surrounding area. Rules and regulations outlined in Hawaii Administrative Rules Title 11, Chapter 46 "Community Noise Control" will be strictly followed. No significant visual impacts are expected to occur. Visual impacts are negligible based on the location of the proposed improvements and gentle downward sloping topography of the area in a mauka to makai direction. The ocean is not currently visible from Ala Heiau Road due to existing vegetation. The residence is proposed to be roughly 32 feet in height; below the 35-foot maximum allowed in the existing zoning. All State and County requirements to minimize the possibility for spills and hazardous materials will be following during construction phases. Following the guidelines of State and County requirements to minimize the possibility for spills and hazardous materials during construction, the applicant proposes the following: • Construction activities with the potential to produce polluted runoff will be limited to periods of low rainfall; • During construction, emergency spill treatment, storage, and disposal of all hazardous materials, will be explicitly required to meet all State and County requirements, and the contractor will adhere to "Good Housekeeping" for all appropriate substances, with the following instructions: o Onsite storage to minimum practical quantity of hazardous materials necessary to complete the job; o Fuel storage and use will be conducted to prevent leaks, spills or fires; o Products will be kept in their original containers unless un-resealable, and original labels and safety data will be retained; o Disposal of surplus will follow manufacturer's recommendation and all regulations; o Manufacturers' instructions for proper use and disposal will be strictly followed; o Regular inspection by contractor to ensure proper use and disposal; o Onsite vehicles and machinery will be monitored for leaks and receive regular maintenance; o Construction materials, petroleum products, wastes, debris, and landscaping substances (herbicides, pesticides and fertilizers) will be prevented from blowing, falling, flowing, washing or leaching into the ocean; and o All spills will be cleaned up and properly disposed of immediately after discovery. • Unused materials and excess fill (if any) will be properly disposed of at an authorized waste disposal site. 19 With regard to flooding, The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the parcel as partially Zone VE (coastal flood zone with velocity hazard) and partially Zone "Y' (areas outside of the 500-year flood). All improvements will be sited within the Zone "Y' area of the parcel and outside the 3.2-foot sea level rise exposure area. The applicant has not observed any significant runoff or erosion in the recent past. With regard to historic sites, although no commissioned archaeological survey of the site was conducted, it is highly unlikely that any historic sites would be found on the property as the parcel has been previously cleared. A no effect letter was also received from SHPD in conjunction with the applicant's Well Permit Application (Exhibit A). However, in the event any archaeological or historical features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The General Plan also emphasizes that developments be mindful of an area's natural beauty. The Maku`u Cliffs are identified as a valued scenic resource in the County General Plan. The cliffs are located roughly 500 feet to the south of the subject property and will not be impacted by the proposed development. Coastal resources and access will be preserved. The proposed development will be located a considerable distance from the shoreline and will not impact the coastline in any way. In addition, since there is no increase in density or change in permitted use, there will be no significant impact to public utilities or government services and infrastructure. Given the above, the project specifically fulfills the following pertinent land use goals, policies, and standards of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such areas, instead of scattered development. In view of the foregoing goals and policies, it is noted that the requested Special Management Area Use Permit would not be contrary to the County General Plan. The proposed development will complement the goals, policies, and standards of 20 the Land Use Elements of the General Plan. The project will be designed and constructed in conformance with the character of the surrounding neighborhood and will result in an intensity of land use that is no higher than what is permitted by the existing zoning. Puna Community Development Plan The Puna Community Development Plan (PCDP) was developed through the implementation of the 2005 County of Hawaii General Plan. CDP's are designed to translate and implement the goals, policies, and standards of the General Plan as they apply to specific communities and districts. Additionally, they serve as important framework for a community's intended outcome and vision and are often used as forum for community input in terms of land -use, availability of public resources, and overall development. The following goals apply to the project area and proposed development: 2.4.1 Goals a. Exposure of development to the risks of shoreline subsidence and coastal flooding is reduced. b. The quality of life improved, and economic opportunity expands for Puna's residents. 3.1.1 Goals a. Puna retains a rural character while it protects its native natural and cultural resources. b. The quality of life improves, and economic opportunity expands for Puna's residents. Discussion: The proposed single-family residence will be located on the mauka side of the site, approximately 100-feet from the shoreline, within Flood Zone X, and outside of the 3.2-foot sea level rise exposure area. The property is located within the tsunami evacuation zone. Civil Defense sirens are located within Hawaiian Paradise Park in case of an emergency. There are no anticipated impacts from erosion or subsidence. The proposed residence will be consistent with the rural character of the surrounding area. F. Special Management Area & HRS 205A Guidelines Discussion HRS 205A-2 Obiectives (])(A) Provide coastal recreational opportunities accessible to the public. The proposed project will support public coastal recreational opportunities by not interfering with or impede on the public shoreline access fronting the property and 21 provided at the Maku`u Cliffs located roughly 500 feet to the south. All development will occur approximately 100-feet from the shoreline on the subject property. (2)(A) Protect, preserve, and, where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. Although no commissioned archaeological survey of the site was conducted it is highly unlikely that any historic sites would be found on the property as the parcel has been previously cleared. A no effect letter was received from SHPD in conjunction with the applicant's Well Permit Application. However, in the event any archaeological or historical features are found during any earth disturbance activity, work will stop within the affected area and appropriate clearances from the State Historic Preservation Division (SHPD) and County Planning Department will be secured before work resumes. (3)(A) Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. The proposed project will not have a significant impact on the area's scenic and open space resources. The dwelling is proposed to be roughly 32 feet in height. Visual impacts are negligible based on the location of the proposed improvements and gentle downward sloping topography of the area in a mauka to makai direction. The ocean is not currently visible from Ala Heiau Road due to existing vegetation. Visual impacts regarding the coastline will not significantly change from the current state and lot configuration. (4)(A) Protect valuable coastal ecosystems, including reefs, beaches, and coastal dunes, from disruption and minimize adverse impacts on all coastal ecosystems. The proposed project will be developed in accordance with construction Best Management Practices to minimize adverse impacts to air pollution, sedimentation, and erosion, control stormwater runoff, and wastewater management. Minimal grading will be required. An individual wastewater system approved by the Department of Health will be installed. Relative to coastal ecosystems, there should be little, if any, adverse impacts. (5)(A) Provide public or private facilities and improvements important to the State's economy in suitable locations. The proposed construction of one (1) single-family residence and associated improvements would provide temporary employment for local construction workers and would support the economy through the purchase of construction materials from on -island suppliers. This will stimulate and support the general economic stability and development of Hawaii Island by allowing for local 22 businesses to thrive and gain income from the proposed project. In the long-term, the newly constructed single-family residence will bring in additional property taxes, adding revenues to the County coffers. (6)(A) Reduce hazard to life and property from coastal hazards. Due to its elevation and proximity to the coastline, the property is within the Civil Defense tsunami evacuation zone and a portion of the property is within a flood zone. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the parcel as partially Zone VE (coastal flood zone with velocity hazard) and partially Zone "X" (areas outside of the 500-year flood). All improvements will be sited within the Zone "X" area of the parcel and outside the 3.2-foot sea level rise exposure area. All proposed improvements will be sited a considerable distance from the shoreline. Further, Civil Defense tsunami warning sirens are located within Hawaiian Paradise Park to notify the public in case of a tsunami warning. The applicant has not observed any significant runoff or erosion in the recent past. (7)(A) Improve the development review process, communication, and public participation in the management of coastal resources and hazards. The proposed project will be consistent with preserving, protecting, and participating in the public review process. The public will be able to participate in the proposed project during the Planning Commission public meetings and testimony process to voice support and/or concerns. (8)(A) Stimulate public awareness, education, andparticipation in coastal management. As this is a managing authority related policy, it is not applicable. (9)(A) Protect beaches and coastal dunes for: (i) Public use and recreation; (ii) The benefit of coastal ecosystems; and (iii) Use as natural buffers against coastal hazards; and The proposed project will not impact coastal dunes, public use, or recreation. Proposed mitigating measures for storm water and wastewater concerns will prevent impacts to public use and recreation and coastal ecosystems. (9) (B) Coordinate and fund beach management and protection. As this is a managing authority related policy, it is not applicable. (10)(A) Promote the protection, use, and development of marine and coastal resources to assure their sustainability. 23 Minimal grading will be required. Wastewater will be handled through an individual wastewater system approved by the Department of Health. This system will be a considerable distance from the shoreline. No long-term impacts are expected with the implementation of these BMPs and mitigating measures. By utilizing a previously disturbed site, potential adverse impacts to natural landscapes and ecosystems on alternative locations are avoided. HRS 205A-2 Policies (1)(A) Improve coordination and funding of coastal recreational planning and management. As this is a managing authority related policy, it is not applicable. (1)(B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by: (i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas; (ii) Requiring restoration of coastal resources that have significant recreational and ecosystem value, including but not limited to coral reefs, surfing sites, fishponds, sand beaches, and coastal dunes, when these resources will be unavoidably damaged by development; or requiring monetary compensation to the State for recreation when restoration is not feasible or desirable; (iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; (iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation; (v) Ensuring public recreational uses of county, state, and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources; (vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect, and where feasible, restore the recreational value of coastal waters; (vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and (viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of land and natural resources, and county authorities; and crediting that dedication against the requirements of section 46-6; The recreational resources policies pertain to improving coordination and funding of coastal recreational planning and management and providing adequate, accessible, and diverse recreational opportunities in the coastal zone management area. As these are managing authority related policies, they are not applicable to 24 this application. However, the proposed project will not impede on public access or recreational resources. (2)(A) Identify and analyze significant archaeological resources; (2)(B) Maximize information retention through preservation of remains and artifacts or salvage operations; and (2)(C) Support state goals for protection, restoration, interpretation, and display of historic resources; The historic resource policies pertain to identifying, analyzing, preserving, and protecting historic resources. As there are no known historic sites on the property, this policy does not apply. However, in the event any undiscovered historical, archaeological, or cultural resources are identified on the property, work will cease in the immediate area and the Department of Land and Natural Resources, State Historic Preservation Division will be contacted for appropriate action. (3)(A) Identify valued scenic resources in the coastal zone management area; (3)(B) Ensure that new developments are compatible with their visual environment by designing and locating those developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (3)(C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and (3)(D) Encourage those developments that are not coastal dependent to locate in inland areas; The Maku`u Cliffs are identified as a valued scenic resource in the County General Plan. The cliffs are located roughly 500 feet to the south and will not be impacted by the proposed development. The single-family residence will conform to the character of other developments in the area. Views from nearby properties and roads will not change significantly. The ocean is not currently visible from Ala Heiau Road due to existing vegetation. Visual impacts are negligible based on the location of the proposed improvements and gentle downward sloping topography of the area in a mauka to makai direction. (4)(A) Exercise an overall conservation ethic, andpractice stewardship in the protection, use, and development of marine and coastal resources; The proposed project will practice an overall conservation ethic towards natural resource management and will not have any significant long-term impacts to water quality, coastal resources, flora or fauna, air quality, noise pollution, or scenic resources. Relative to coastal ecosystems, there should be little, if any, adverse impacts. The single-family residence will develop an individual wastewater system approved by the Department of Health. By utilizing a previously disturbed site, potential adverse impacts to natural landscapes and ecosystems on alternative locations are avoided. 25 (4)(B) Improve the technical basis for natural resource management; As this is a managing authority related policy, it is not applicable. However, as discussed above, the project will practice stewardship in the protection of all natural resources. (4)(C) Preserve valuable coastal ecosystems of significant biological or economic importance, including reefs, beaches, and dunes; Minimal grading will be required. Wastewater will be handled through an individual wastewater system approved by the Department of Health and located a considerable distance from the shoreline. Construction BMPs will manage stormwater runoff No long-term impacts are expected with the implementation of these BMPs and mitigating measures. (4)(D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and The planned development proposes no stream diversions, channelization or similar drainage or water use components. (4)(E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures; Construction Best Management Practices will prevent impacts to water quality from stormwater runoff. An individual wastewater system approved by the Department of Health will manage wastewater. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. (5)(A) Concentrate coastal dependent development in appropriate areas; As this is a managing authority related policy, it is not applicable. (S)(B) Ensure that coastal dependent development and coastal related development are located, designed, and constructed to minimize exposure to coastal hazards and adverse social, visual, and environmental impacts in the coastal zone management area; and The proposed project is planned, with appropriate mitigating measures, to minimize potential adverse social, visual, and environmental impacts. Any effect that may result will be minimized to the extent practicable and is clearly 26 outweighed by public health, safety, and welfare, and other compelling public interest. (5)(C) Direct the location and expansion of coastal development to areas designated and used for that development and permit reasonable long-term growth at those areas, and permit coastal development outside of designated areas when: (i) Use of designated locations is not feasible; (ii) Adverse environmental effects and risks from coastal hazards are minimized; and (iii) The development is important to the State's economy; Many shoreline properties in the Maku`u area contain single-family residences. The request is consistent with surrounding uses and will not be any different from existing developments in the area. (6)(A) Develop and communicate adequate information about the risks of coastal hazards; As this is a managing authority related policy, it is not applicable. (6)(B) Control development, including planning and zoning control, in areas subject to coastal hazards; (6)(C) Ensure that developments comply with requirements of the National Flood Insurance Program; and (6)(D) Prevent coastal flooding from inland projects; (7)(A) Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development; (7)(B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and (7)(C) Communicate the potential short and long-term impacts ofproposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process; The managing development policies relate to use, implementation and enforcement of laws, processing of applications for development permits and communication of coastal development impacts to the public. This report details how the proposed use complies with existing laws and requirements. (8)(A) Promote public involvement in coastal zone management processes; (8)(B) Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal issues, developments, and government activities; and (8)(C) Organize workshops, policy dialogues, and site -specific mediations to respond to coastal issues and conflicts; 27 The public participation policies relate to promoting public involvement and dissemination of information with respect to coastal zone management. These are managing authority related policies and are not applicable to this application. The public will be able to participate in the proposed project during the Planning Commission public meetings and testimony process to voice support and/or concerns. (9)(A) Locate new structures inland from the shoreline setback to conserve open space, minimize interference with natural shoreline processes, and minimize loss of improvements due to erosion; (9)(B) Prohibit construction of private shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities; (9)(C) Minimize the construction ofpublic shoreline hardening structures, including seawalls and revetments, at sites having sand beaches and at sites where shoreline hardening structures interfere with existing recreational and waterline activities; The proposed dwelling would be located a considerable distance from the shoreline and outside of all setback areas. The project seeks to conserve as much open space as possible. There are no known erosion issues on site and no shoreline hardening structures are proposed. (9)(D) Minimize grading of and damage to coastal dunes, - The proposed development will not impact coastal dunes as none exist in the area. The proposed residence will be located approximately 100-feet from the shoreline and at an elevation of roughly 25 feet. All BMPs and mitigating measures discussed throughout the report will prevent all impacts to coastal resources. (9)(E) Prohibit private property owners from creating a public nuisance by inducing or cultivating the private property owner's vegetation in a beach transit corridor; and (9)(F) Prohibit private property owners from creating a public nuisance by allowing the private property owner's unmaintained vegetation to interfere or encroach upon a beach transit corridor. The applicant will maintain vegetation on the property and will ensure no encroachment or disruption occurs to the public shoreline access. (10)(A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; (10)(B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; (10)(C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone,- (] 0) (D) Promote research, study, and understanding of ocean and coastal processes, impacts of climate change and sea level rise, marine life, and other ocean resources to acquire and inventory information necessary to understand how coastal development activities relate to and impact ocean and coastal resources; and (10)(E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources. The marine resources policies relate to the development of marine and coastal resources, coordination of marine and coastal activities, forging State partnerships, promoting research of ocean and coastal processes, and encouraging new technologies for exploring, using, and protecting marine and coastal resources. These are managing authority related policies and are not applicable to this application. Based on the foregoing, it is concluded that the proposed improvements are consistent with the objectives, policies, and guidelines of the Special Management Area Rules and Regulations. Specifically: A. The proposed project will not have any substantial, adverse environmental or ecological effect. No adverse long-term impacts are expected to air or water quality, scenic views, soil, coastal resources or flora and fauna. Mitigating measures and best management practices will protect all natural resources. Further, the proposed improvements will not generate any adverse effects by themselves or in conjunction with other individual developments, nor will the proposed improvements pose a potential cumulative impact which would result in a substantial adverse environmental or ecological affect or the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project. B. The proposed activities are consistent with the County General Plan and County Zoning Code. The proposed project is consistent with the County General Plan and existing zoning of A-Ia. G. Surrounding Zoning and Land Uses The subject parcel is part of the Hawaiian Paradise Park subdivision. It is bordered on the south by Ala Heiau Road and on the east and west by similar shape/size parcels. The general area consists of a mixture of undeveloped parcels and parcels containing single-family dwellings. All the surrounding properties are also zoned A-Ia. Although the property is bordered on the north by the Pacific Ocean, no impacts are anticipated to the shoreline area as the proposed improvements will be sited a 29 significant distance from the shoreline. The Maku`u Cliffs are located roughly 500 feet to the south and is a popular spot for recreation. H. Flood Insurance Rate Map The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the parcel as partially Zone VE (coastal flood zone with velocity hazard) and partially Zone "X" (areas outside of the 500-year flood) (Figure 12). All improvements will be sited within the Zone "X" area of the parcel and outside the 3.2-foot sea level rise exposure area (Figure 13). Due to its elevation and proximity to the coastline, the property is within the Civil Defense tsunami evacuation zone. Civil Defense tsunami warning sirens are located within Hawaiian Paradise Park to notify the public in case of a tsunami warning. L Archaeological Resources A formal archeological study of the site has not been conducted in conjunction with the proposed development. However, as depicted in Figure 9, the site was previously cleared and thus the applicant does not believe any archaeological resources are present. In addition, the State Historic Preservation Division (SHPD) has determined that the proposed water well will have no effect on historic resources in the project area in conjunction with Well Permit Application No. 8-3585-012 (Exhibit A). If necessary, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity. In the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. J. Floral and Faunal Resources The parcel is currently undeveloped and is primarily vegetated with Coconut Palm (Cocos nucifera), Swiss Cheese Plant (Monstera deliciosa), Guinea Grass (Megathyrsus maximus) and Autograph tree (Clusia rosea). Vegetation in the surrounding area consists of Ti (Cordyline fnuticosa), Hibiscus (Hibiscus sp.), Norfolk (Araucania heterophylla), Ironwood (Olneya tesota), Century plant (Agave americana), Butterfly palm (Dypsis lutescens), Chinese fan palm (Livistona chinensis), Octopus tree (Heptapleurum actinophyllum), Spider lily (Hymenocallis littoralis), and Sword fern (Polystichum munitum). Several common birds frequent the area, including Common Myna (Acridotheres tristis), Spotted Dove (Streptopelia chinensis), House Finch (Carpodacus mexicanus), Saffron Finch (Sicalis flaveola), and Japanese White -Eye (Zosterops japonicus). 30 ■ r BASEMAP: FIRM BASEMAP Rg a h Flood Hazard Assessment Report Ui y www.hawaiinfip.org Property Information Notes: COUNTY: HAWAII TMK NO: (3) 1-5-031:062 WATERSHED: KAAHAKINI PARCEL ADDRESS: 15-1159 ALA HEIAU KEAAU, HI 96749 Flood Hazard Information i SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100- 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 purchase applies in these zones: _ Zone A: No BFE determined. Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. FIRM INDEX DATE: SEPTEMBER 29, 2017 Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL: 1551661185F Zone VE: Coastal flood zone with velocity hazard (wave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29, 2017 THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: YES FOR MORE INFO, VISIT: http://www.scd.hawaii.gov/ THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO FOR MORE INFO, VISIT: http://dlnreng.hawaii.gov/dam/ 0 100 200 ft 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 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 or information. If this map has been identified as 'PRELIMINARY', please note that it is being provided for informational purposes and is not to be used for flood insurance rating. Contact your county floodplain manager for flood zone determina- tions to be used for compliance with local floodplain management regulations. 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 flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities. _Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Zone X: Areas determined to be outside the 0.2%annual chance floodplain. OTHER FLOOD AREAS I Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance purchase apply, but coverage is available in participating commu- nities. 011 1' IgU1 G -IL A, ► -- - Q ))\ %: )} ■) § 2 2 § = - � 2 / ¥ 2 / | / » � � 3 ! ��.. 2 / It is also possible for feral cats (Felis catus), chickens (Gallus gallus domesticus), Indian mongoose (Herpestes a. auropunctatus), and pigs to be present at times. The applicant's landscaping plans include sea grass and non-invasive plants consistent with the coastal area and surrounding properties. Such plants may include ti (Cordyline fruticosa), naupaka (Scaevola taccada), coconut (Cocos nucifera), hala (Pandanus tectorius), kukui nut (Aleurites moluccanus), and other low and non- invasive grasses or ornamentals. Areas where lava rock is exposed will not be disturbed. The site is not known to be a habitat for any rare or endangered animal life. However, it would be possible to find the Hawaiian Hawk (I`o) (Buteo solitarius), the Hawaiian Owl (Pueo) (Asio flammeus sandwichensis), and the Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) flying over, roosting, or utilizing resources near the property. The State listed Hawaiian Hoary Bat (Lasiurus cinereus semotus) has the potential to occur in the vicinity of the project area and may roost in nearby trees. Hoary Bats may be sensitive to disturbance between June 1st and September 15th, throughout which no shrubs or trees taller than 15 feet may be disturbed, removed, or trimmed without consulting the DLNR Division of Forestry and Wildlife (DOFAW). The State listed Hawaiian Hawk, or `Io (Buteo solitarius) is also known to occur in the project vicinity. If any tree cutting occurs between March and September, DOFAW must be consulted first. A pre -construction hawk nest search by a qualified ornithologist using standard methods must be conducted. If nests are found, no land clearing is permissible until October. According to DOFAW, artificial lighting can adversely impact seabirds that may pass through the area at night by causing disorientation. The disorientation can result in collision with manmade artifacts or grounding of birds. For nighttime lighting that might be required, DOFAW recommends that all lights be fully shielded to minimize impacts. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season from September 15th through December 15'. This is the period when young seabirds take their maiden voyage to the open ocean. The movement of plant or soil material between worksites, such as fill, must be minimized. Soil and plant material may contain invasive fungal pathogens such as Rapid `Ohi`a Death (ROD), vertebrate and invertebrate pests such as Little Fire Ants (Wasmannia auropunctata), or invasive plant parts that could harm native species and ecosystems. All equipment, materials, and personnel should be cleaned of excess soil before leaving the site. Gear that may contain soil, such as work boots and vehicles, should be thoroughly cleaned, and sprayed with 70% alcohol solution to prevent the spread of ROD and other harmful fungal pathogens. If any material removed from the site is moved to areas without fire ants or ROD, the material will be inspected and treated. No `Ohi`a trees are present on the Property; therefore, none will be cut down during construction. 33 K. Valued Cultural Resources In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa 'akai O Ka Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical, and natural resources, as well as the associated traditional and customary practices of this site. All proposed improvements will be located a considerable distance from the shoreline. Therefore, no impacts to traditional shoreline uses are anticipated by this action. It is not known whether the subject site or immediately surrounding area was ever used for traditional and customary rights by native Hawaiians. As the site has been cleared and the surrounding area has been used extensively for residential use for many years, it would appear very unlikely that the site would serve such a purpose today and/or in the recent past. Thus, no impacts are anticipated to area cultural, historical, or natural resources. In the event that legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. L. Public Access The requested action will not impact public access to the ocean or recreational resources. The subject improvements will be located a considerable distance from the shoreline. The Maku`u Cliffs are located approximately 500 feet to the south. Access to this area will not be impacted. M. Description of Access Access to the property is from Ala Heiau Road, approximately 450 feet east of its intersection with Maku`u Drive. Ala Heiau Road is a dirt road that is privately maintained by the Hawaiian Paradise Park Homeowner's Association. The road is adequate to support the proposed use. The development proposes a driveway from Ala Heiau Road. Minimum grading will be required for this access. N. Traffic Impacts The proposed project seeks to build one (1) single-family residence in a residential subdivision. Traffic will therefore not increase substantially and will remain at the level that exists today. 34 O. Availability of Utilities Water County water is not available to the site. The applicant intends to dig a water well and install a water pump. The well will be constructed in accordance with the rules and regulations of the Commission on Water Resource Management. Wastewater The dwelling will utilize a Department of Health approved individual wastewater system, which will mitigate potential impacts to water quality, coastal ecosystems, and soil due to wastewater. Other Utilities All other utilities such as telephone, internet and electrical services are available to the site. P. Potential Areas of Concern Coastal Hazards Apart from very rare events, the proposed activity will not be directly affected by any coastal hazards. The proposed single-family residence will be located within Flood Zone X and outside the 3.2-foot sea level rise exposure area. The dwelling is proposed to be located approximately 100-feet from the shoreline and will therefore not likely be subject to impacts from high waves, erosion, or subsidence. The property is located within the Civil Defense tsunami evacuation zone. Civil Defense sirens are located within the Hawaiian Paradise Park subdivision. Coastal Resources All construction activities will follow Best Management Practices to minimize adverse point and non -point pollution to coastal resources and surrounding areas. The following BMPs will be followed. This is not a comprehensive list; any other mitigating measures identified during the permitting process that are required to prevent significant impacts will be adhered to. 1. Soil loss and erosion will be minimized by stabilizing slopes and disturbed areas of soil. All exposed areas will be stabilized within seven (7) days of soil disturbance. Initiation of stabilization will commence within one (1) calendar day of soil -disturbing activities. 2. Sediment loss will be minimized by placing structural controls including silt fences, gravel bags, sediment ponds, check dams, and other barriers. 35 3. Sediment wattles and protective covers will be applied to soil and material stockpiles. 4. Dust impacts will be minimized by erecting a screen or fence. 5. Routine inspection and maintenance of structural BMPs will be performed by trained personnel. 6. Significant leaks or spills will be properly cleaned and disposed of at an approved site. The applicant has not observed any significant runoff or erosion on the subject property. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. II. ANTICIPIATED IMPACTS A. Environmental Setting General Description The subject property contains 23,958 square feet of land. It is rectangular in shape with its northern boundary abutting the coastline. The southern perimeter of the property is at an elevation of approximately 25 feet and the remainder of the property gently slopes downward toward the ocean. The mean average temperature in this general area is approximately 70-77 degrees Fahrenheit. Annual rainfall in the vicinity is approximately 120 inches. Soils The soil is comprised of Opihikao highly decomposed plant material with 2 to 20 percent slopes (2kllp). This soil type consists of organic material over pahoehoe lava flows. It is considered well drained with a high runoff class. It is not considered prime farmland. Although the property is designated within the State Land Use Agricultural District, the poor soil quality and small size of the parcel render it ill -suited for agricultural uses. Best Management Practices for construction activities will be strictly followed to prevent adverse impacts to soil. Hawaii Administrative Rules Chapter 11-55, Appendix C, under Special Conditions for Land Disturbances, describes the following construction management techniques to protect soil: a. Clearing and grubbing shall be held to the minimum necessary for grading and equipment operation. b. Construction shall be sequenced to minimize the exposure time of the cleared surface area. 36 c. Construction shall be staged or phased for large projects. Areas of one phase shall be stabilized before another phase is initiated. Stabilization shall be accomplished by temporarily or permanently protecting the disturbed soil surface from rainfall impacts and runoff. d. Erosion and sediment control measures shall be in place and functional before earth moving operations begin. These measures shall be properly constructed and maintained throughout the construction period. e. All control measures shall be checked and repaired as necessary, for example, weekly in dry periods and within twenty-four hours after any rainfall of 0.5 inches or greater within a 24-hour period. During prolonged rainfall, daily checking is necessary. Record of checks and repairs must be maintained. f. Records of the duration and estimated volume of storm water discharge must be maintained. g. A specific individual shall be designated to be responsible for erosion and sediment controls on the project site. Flora and Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The parcel is currently undeveloped and is primarily vegetated with Coconut Palm (Cocos nucifera), Swiss Cheese Plant (Monstera deliciosa), Guinea Grass (Megathyrsus maximus) and Autograph tree (Clusia rosea). The applicant's landscaping plans include sea grass and non-invasive plants consistent with the coastal area and surrounding properties. Such plants may include ti (Cordyline fruticosa), naupaka (Scaevola taccada), coconut (Cocos nucifera), hala (Pandanus tectorius), kukui nut (Aleurites moluccanus), and other low and non- invasive grasses or ornamentals. Areas where lava rock is exposed will not be disturbed. The site is not known to be a habitat for any rare or endangered animal life. However, it would be possible to find the Hawaii Hawk (I`o) (Buteo solitarius), the Hawaiian Owl (Pueo) (Asio flammeus sandwichensis), and the Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) flying over, roosting, or utilizing resources near the property. Best Management Practices to protect these species and seabirds in the area are discussed in Section I, subsection J of this report. Volcanic and Earthquake Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1 (Figure 14). There is little that can be done to mitigate the volcanic risk. 37 -zEea t U),-6 E < /}(§ \)}2\ \ 10 / §!)\\ \ _ \ < 0:\ QL cu � m � cu N cu 2 .� � cu U w The site is far from the volcanic rift zone of Kilauea and thus if a lava flow were to threaten HPP, there would likely be adequate time to evacuate to a safe location. The Building Code designates the entire island of Hawai'i Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. The proposed single-family residence will be designed and engineered to withstand seismic hazards according to the Hawaii County Code, Chapter 5A. Flood/Drainne The southern perimeter of the property is at an elevation of approximately 25 feet and the remainder of the property gently slopes downward toward the ocean. The applicant has not observed any significant runoff or erosion in the recent past. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. Water quality can be impacted by both point and non -point source pollution such as construction and stormwater runoff. The primary activities with the potential to affect stormwater are grading and grubbing. Minimal grading will occur and is not expected to require a separate grading permit. According to Hawaii County Code 10-3, grading within the building lines for basements and footings of a building, retaining wall, or other structure, authorized by a valid building permit does not require a grading permit. However, grading plans will be developed with the following mitigating measures and BMPs: (a) "Storm Drainage Standards," County of Hawaii, 1970 and as revised (b) "Flood Control", Chapter 27 of the Hawaii County Code (c) Standards and regulations of the Federal Emergency Agency (FEMA) (d) "Erosion and Sedimentation Control", Chapter 10 of the Hawaii County Code (e) Conditions of an NPDES permit and any additional Best Management Practices required by the Board of Land and Natural Resources (f) Conditions of a Storm Water Pollution Prevention Plan, if required Best Management Practices for stormwater management will be used to minimize the impact of the project to the existing area's hydrology and maintain on -site infiltration and prevent polluted runoff from storm events. These BMPs may include, but are not limited to: • Minimizing soil loss and erosion by revegetating and stabilizing slopes and disturbed areas of soil. • Minimizing sediment loss by placing structural controls including silt fences, gravel bags, sediment ponds, check dams, and other barriers. 39 • Applying sediment wattles and protective covers to soil and material stockpiles. • Gravel check dams in gutters. • Constructing and use of stabilized construction vehicle entrance, with designated vehicle wash area that discharges to a sediment pond. • Washing of all vehicles in the designated wash area before leaving the project site. • Use of drip pans beneath vehicles to trap vehicle fluid. • Performing routine inspection and maintenance of structural BMPs by trained personnel. • Properly cleaning significant leaks or spills and disposing at an approved site. B. Relationship to Land Use Plans and Policies Special Management Area The subject site is situated within the County Special Management Area (SMA). As such, a Special Management Area Use Permit is being requested. A discussion of this project's relationship to HRS Chapter 205A is found in Section I, subjection F of this report. C. Probable Environmental Impact There are no probable environmental impacts associated with the proposed action. The project will be energy conscious through its use of solar energy and design features that take advantage of the sun and wind patterns. The proposed development would not entail adverse effects on the environment or the natural resources of the region. There will be no long-term impacts to air pollution, water quality, soil pollution, solid waste disposal, or noise pollution as discussed at length in Section I, subsection E. Wastewater will be handled by an individual wastewater system approved by the Department of Health. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from any improvements will be built, if necessary, in conjunction with the appropriate permitting process. Stormwater runoff will be managed during construction phases by utilizing Best Management Practices and mitigating measures discussed in Section I, subsection P. D. Unavoidable Adverse Environmental Effects The proposed action and land use will not have any significant adverse effects to natural resources. The applicant intends to utilize the land for a single-family residence, which is consistent with the residential use of the surrounding area. No adverse long-term impacts are expected to air or water quality, scenic or other natural resources outside of temporary and minor impacts during construction. .M Mitigating measures and best management practices will protect soil and coastal resources. No impacts are anticipated to flora and fauna. No significant secondary or cumulative impacts are expected with the request. E. Alternatives to Proposed Action No Pro* ect An alternative to the proposed project would be to not build the single-family dwelling and leave the parcel undeveloped. There is no significant justification for this alternative as the proposed dwelling would be consistent with surrounding land uses, is a permissible use in the Agricultural district, the site has been previously cleared and there are no anticipated impacts to native flora, fauna, or cultural and historic resources. Alternate Location Although it could be possible to site the proposed improvements elsewhere on the property, the proposed layout is most optimal as it avoids restrictive flood zones and maintains a significant distance from the shoreline. Thus, no alternative layout would be more reasonable than the one proposed. F. Irreversible and Irretrievable Commitment of Resources The proposed action will not involve an irrevocable commitment, loss, or destruction of any natural, cultural, or historic resources. Earthwork will closely follow all mitigating measures and Best Management Practices to minimize impacts to natural resources. It is highly unlikely that any historic, archaeological, or cultural resources are present on the property as the parcel was previously cleared. However, in the event any historic, archaeological, or cultural features are discovered during construction, work will stop within the affected area and appropriate clearances from the State DLNR- SHPD, and County Planning Department will be secured before work resumes. The requested action will not impact public access and the dwelling is proposed to be approximately 100 feet from the shoreline. The proposed action should not result in the irreversible or irretrievable commitment of any environmental resources. As such the proposed action is the most logical and reasonable and is wholly consistent with established Special Management Area objectives and regulations. 41 JOSH GREEN, M.D. GOVERNOR I KE KIA'AINA SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA hand and N mot dt�ai c Fe State ofHaWa�.: . August 22, 2023 MEMORANDUM Exhibit A STATE OF HAWAII I KA MOKU`AINA `O HAWAI`I DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLEI, HAWAII 96707 TO: Dean Uyeno, Acting Deputy Director State Commission on Water Resource Management P.O. Box 621, Honolulu, Hawaii 96809 c/o Queenie Komori, aueenie.k.komori(a)hawaii.gov FROM: Nicole Mello, Hawaii Island Historic Preservation Archaeologist IV DAWN N. S. CHANG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT LAURA H.E. KAAKUA FIRST DEPUTY M. KALEO MANUEL DEPUTY DIRECTOR -WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS IN REPLY REFER TO: Project No. 2023PR01001 Doc. No. 2308NM02 SUBJECT: Chapter 6E-42 Historic Preservation Review Well Construction/Pump Installation Permit Application, Source 1 Well (Well No. 8-3585-012) Kea`au Ahupua`a, Puna District, Island of Hawaii TMK: (3) 1-5-031:062 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 mayproceed. 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. Please contact Nicole A. Mello, Hawaii Island Archaeologist IV, at Nicole.MelloAhawaii.gov for any questions or concerns regarding this letter. Signed: *w DwIei' Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer CC. Paul Chuba, paul.chubaAascension.org Derrick Moreira, derrickswelldrillina07(a�gmail.com JOSH GREEN, M.D. GOVERNOR I KE KIA'AINA SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA hand and N mot dt�ai c Fe State ofHaWa�.: . August 22, 2023 MEMORANDUM Exhibit A STATE OF HAWAII I KA MOKU`AINA `O HAWAI`I DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLEI, HAWAII 96707 TO: Dean Uyeno, Acting Deputy Director State Commission on Water Resource Management P.O. Box 621, Honolulu, Hawaii 96809 c/o Queenie Komori, aueenie.k.komori(a)hawaii.gov FROM: Nicole Mello, Hawaii Island Historic Preservation Archaeologist IV DAWN N. S. CHANG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT LAURA H.E. KAAKUA FIRST DEPUTY M. KALEO MANUEL DEPUTY DIRECTOR -WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS IN REPLY REFER TO: Project No. 2023PR01001 Doc. No. 2308NM02 SUBJECT: Chapter 6E-42 Historic Preservation Review Well Construction/Pump Installation Permit Application, Source 1 Well (Well No. 8-3585-012) Kea`au Ahupua`a, Puna District, Island of Hawaii TMK: (3) 1-5-031:062 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 mayproceed. 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. Please contact Nicole A. Mello, Hawaii Island Archaeologist IV, at Nicole.MelloAhawaii.gov for any questions or concerns regarding this letter. Signed: *w DwIei' Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer CC. Paul Chuba, paul.chubaAascension.org Planning Dept. Derrick Moreira, derrickswelldrillina07C&amail.com Exhibit 2 JOSH GREEN, M.D. GOVERNOR OF HAWAII KE KIA'AI NA O KA MOKU'AI NA O HAWAI'I MEMORANDUM DATE: October 17, 2023 �P/ a \959 0°•�1 y Lti �'©.I�tr�•raoc�' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HI LO, HAWAI 196721-0916 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief KENNETH S. FINK, M.D, MGA, MPH DIRECTOR OF HEALTH KA LUNA HO'OKELE SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000040) Applicant: Gold Coast SP LLC Request: To Construct a Single -Family Residence and Related Improvements. Tax Map Key: (3) 1-5-031:062, Kea`au, Puna, Hawaii In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health "Standard Comments" regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and proiect owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all Planning Dept. Exhibit __. 3 Zendo Kern October 17, 2023 Page 2 of 4 airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR § 11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: hgps:Hhealth.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii. gov/cwb/clean-water-branch-home- page/cwb- standard -comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: hgps://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at hllps://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Zendo Kern October 17, 2023 Page 3 of 4 Safe Drinking Water program: hgps://health.hawaii.gov/sdwb/. Standard comments for the Safe Drinking Water Branch can be found at: hgps://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH -permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program — The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: hgps:Hhealth.hawaii.gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at doh.wwbgdoh.hawaii.gov. Sanitation / Local DOH Comments: Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. According to HAR § 11-26-35, No person, firm, or corporation shall demolish or clear any structure, place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. A demolition or land clearing permit is required prior to demolition or clearing. Other Zendo Kern October 17, 2023 Page 4 of 4 1. CDC - Healthy Places - Healthy Communi . Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917. Mitchell D. Roth `�' �" Li��' Ramzi I. Mansour Mayor i Director Lee Lord —° Brenda Ioke a -Moses Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street, Suite 41 • Hilo, Hawai'i 96720 • cohdem@hawaiicounty.gov Ph: (808) 961-8083 - Fax: (808) 961-8086 ►I D ►I I ► : 1111u1 TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Direct Department of Environmental Management DATE: October 30, 2023 SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000040) Applicant: Gold Coast SP LLC Request: To Construct a Single -Family Residence and Related Improvements Tax Map Key: (3) 1-5-031:062; Kea`au, Puna, Hawaii The Solid Waste Division has reviewed the subject application and has provides the following comments (Contact the Solid Waste Division for more details): • Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. • Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. • Construction and demolition waste is prohibited at all County Transfer Stations. The Wastewater Division has reviewed the subject application and provides the following comments (contact the Wastewater Division for details): • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. Exhibit County of Hawai'i is an Equal Opportunity Provider and Employer DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI`I 345 KEKUANAO`ASTREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 October 30, 2023 COH PLANNING DEPT OCT 312023 FM2:1..1 REC'D HAND DELIVERED TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager -Chief Engineer SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000040) Applicant — Gold Coast SP LLC Request — To Construct a Single -Family Residence and Related Improvements Tax Map Key 1-5-031:062 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject property is not within the service limits of the Department's existing water system facilities. Therefore, the Department's existing water system facilities cannot support the proposed subdivision at this time. Extensive improvements and additions, which may include, but not be limited to source, storage, booster pumps, transmission, and distribution facilities, would be required. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at (808) 961-8070, extension 255. Sincerely yours, W�Xvo,,� Keith K. Okamoto, P.E. Manager -Chief Engineer TS Afg copy Gold Coast SP LLC Planning Dspi. Exhibit_-- 5 ...Water, Our Most lnrecious 12,esource ... Xa Wai,4 pane ... The Department of Water Supply is an Equal Opportunity provider and employer 95,9 STATE OF HAWAII JOSH GREEN, M.D. GOVERNOR Coastal Zone Management Program Environmental Review Program Land Use Commission Land Use Division Special Plans Branch OFFICE OF PLANNING & SUSTAINABLE DEVELOPMENT 235 South Beretania Street, 6th Floor, Honolulu, Hawaii 96813 Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804 Mr. Zendo Kern, Director Department of Planning County of Hawaii East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 October 31, 2023 SYLVIA LUKE LT. GOVERNOR MARYALICE EVANS INTERIM DIRECTOR Telephone: (808) 587-2846 Fax: (808)587-2824 Web: https:HPlanning.hawaii.gov/ DTS 202310041628NA State Transit -Oriented Attn: Alex Roy Development Statewide Geographic Dear Mr. Kern: Information System Statewide Subject: Special Management Area Use Permit Application (PL-SMA-2023- Sustainability Branch 000040) to Construct a Single -Family Residence and Related Improvements, Kea`au, Puna, Hawaii; Tax Map Key: (3) 1-5-031: 062 Thank you for the opportunity to provide comments on the Special Management Area (SMA) Use Permit Application (PL-SMA-2023-000040), transmitted via memorandum dated October 3, 2023, to construct a single-family residence and related improvements, located at 15-1107 Ala Heiau Road, Kea`au, Puna, Hawaii. According to the subject SMA Use Application, Gold Coast SP LLC proposes to develop a two-story, 3,934 square foot single-family residence, containing five bedrooms and three bathrooms, and associated improvements on undeveloped land. The ground floor is proposed to contain two bedrooms, one full bathroom, a recreation room, a laundry, and storage room, and a two -car garage. The second floor would have three bedrooms, two full bathrooms, a kitchen, living room, and a covered lanai. The total living area of the proposed residence is 2,382 square feet. The proposed garage is 480 square feet, and the covered lanai is1,072 square feet. The parcel consists of 23,958 square feet of land zoned Agricultural 1-acre (A -la), and no existing structures exist on the parcel. The dwelling is proposed to be approximately 100 feet from the shoreline. The applicant proposes to drill a water well and utilize an individual wastewater system. Planning Dep;, Exhibit 6 Mr. Zendo Kern October 31, 2023 Page 2 Construction is anticipated to begin within one year of building permit approval, and complete within three years. The estimated cost of the proposed residential development is approximately $700,000. 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 State Land Use designation of the subject property is Agricultural, and the County General Plan Land Use Pattern Allocation Guide map designated the site as Open, which is generally intended for parks and recreational areas, along with open shoreline areas. Please ensure that the proposed two-story single-family dwelling in the Agricultural District is a permissible land use under state and county land use policies (e.g., county zoning code) before an SMA use permit can be approved with reasonable terms and conditions in accordance with SMA guidelines set forth in Hawaii Revised Statutes § 205A-26. 2. The Federal Emergency Management Agency Flood Insurance Rate Map identifies the parcel as partially Zone VE, Coastal Flood Zone with Velocity Hazard. The OPSD suggests that the SMA use permit application assess the potential passive flooding under 0.5, 1.1, 2.2 and 3.2-foot scenarios of sea level rise by referring to the findings of the Hawaii Sea Level Rise Vulnerability and Adaptation Report 2017, accepted by the Hawaii Climate Change Mitigation and Adaptation Commission, and Hawaii Sea Level Rise Viewer at https://www.pacioos.hawaii.edu/shoreline/slr-hawaii/. Given the rectangular shape of the parcel, OPSD suggests that the applicant consider increasing the shoreline setback from the proposed 100 feet from the shoreline for the proposed structures and associated improvements. 3. The applicant shall restrict the height of the building structure and use matching material and color to blend in with the surrounding area to mitigate view impacts of the proposed residential development from the line of sight toward the sea from Ala Heiau Road. If you have any questions regarding this comment letter, please contact Shichao Li of our office at (808) 587-2841 or by email at shichao.li@hawaii.gov. Sincerely, Mary Alice Evans Interim Director DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: November 7, 2023 TO: Planning Director FROM: Department of Public Works, Engineering Division 0�� SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000040) Applicant: Gold Coast SP LLC Request: To Construct a Single -Family Residence and Related Improvements TM K: 1-5-031:062 Sorry for the delay. We have reviewed the subject request and provide the following comments: The subject parcel is in an area designated as Flood Zone X and 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). All construction within Flood Zone VE shall comply with the requirements of Hawaii County Code, Chapter 27, Floodplain Management. The plot plan indicates that the dwelling will be located in the Flood Zone X. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code (HCC). 3. The plot plan indicates that the septic system will be located in Flood Zone VE. Therefore a No -rise Certification is needed to ensure that the proposed work will not increase the flood heights. The No -rise Certification must be supported by technical data and signed by a registered professional engineer. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 7 County of Hawaii is an Equal Opportunity Provider and Employer