Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PD BACKGROUND REPORT (PL-SMA-2024-000048)
RElse_SMA April 2024 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PATTY SATHER& STEPHEN ELSE SPECIAL MANAGEMENT AREA USE PERNHT APPLICATION (PL-SMA-2024-000048) PATTY SATHER & STEPHEN ELSE have submitted an application for a Special Management Area Use Permit to construct a two-story single-family dwelling and related improvements on a 31,363-square foot shoreline parcel within the Special Management Area. The subject property is located at 15-1859 Beach Road at its intersection with Ala Heiau Road, Hawaiian Paradise Park Subdivision, Kea`au, Puna, Hawaii, TMK: (3) 1-5-032:049. PROPOSED DEVELOPMENT 1. Request: The applicants proposed development consists of a 2-story single-family dwelling with one (1) bedroom, kitchen, living area, and two (2) bathrooms, a detached bedroom connected by elevated lanai to the main house that includes one (1) Bedroom and one (1) Bathroom, and a single car port adjacent to the main house. Additional development includes the construction of a separate 2-car garage that includes a detached bedroom on the second floor, and includes one (1) Bedroom, a family room, and one (1) bathroom. An additional carport and storage shed will also be constructed. The total interior finished floor area will be approximately 2050 square feet (sf), 670 sf enclosed garage, 1240 sf lanai, and 660 sf open sided accessory structures. There is an existing approximately 24'x50' concrete slab on grade that will remain and will be covered by the new dwelling and lanai structure. Existing permitted septic and electrical systems will be reused and can accommodate the new development. There is an existing water catchment tank residential structures that will be demolished to make way for the new development. A perimeter site fence will be installed, including gates at driveways, and the existing rock wall located on the makai side of the parcel will remain unchanged. A well will be installed mauka of the garage structure within the 15' side yard setback. The existing 5- foot shoreline access easement pathway along the SE boundary of the property will be cleared, and signage maintained. Also, all obstructions within the shoreline access -1- easement will be removed, including a portion of the existing rock wall and wood posts. The site was previously graded under a previous SMA permit (2007), and no significant grading is expected for this construction. Excavation for both continuous perimeter and internal post footings is expected. Limited grading may occur between the driveway/carport and the main level lanai stair/entry (approximately 4' above existing grade). The shoreline was certified for this parcel on October 4, 2022. (Planning Department Exhibit 1 —SMA Use Permit Application dated January 25,2024) 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 $785,000. The project would be initiated after the granting of all necessary permits. 4. Landowner: Patricia L. Sather and Stephen A. Else; Renton,WA BACKGROUND INFORMATION 5. Special Management Area (SMA): March 20, 2006: SMA Assessment No. SAA-060999159 for the after-the-fact clearing, grubbing, and grading and for the construction of a new single-family residence and related improvements. March 25, 2009: SMA Minor Permit No. SMM-09-000102 for the placement of four (4) 20-ft. shipping containers for agricultural purposes. 6. Chapter 343, HRS: The proposed improvements are not subject to the requirements of Chapter 343, Hawaii Revised Statutes, regarding Environmental Impact Statements. STATE AND COUNTY PLANS 7. State Land Use Designation: Agriculture 8. General Plan LUPAG MAP: Open/Rural 9. County Zoning: Agricultural 1-acre (A-la) 10. Puna Community Development Plan (PCDP): The Puna Community Development Plan (PCDP) was adopted by the Hawaii County Council by Ordinance No. 08-166 in 2008 and amended by Ordinances Nos. 10-104, 11-51, 11-52, 11-53, 11-117 and 11-118 in 2010 and 2011). -2- 11. Special Management Area (SMA): The project is located within the Special Management Area and therefore, the proposed development is subject to the SMA review. DESCRIPTION OF PROJECT AREAS AND SURROUNDING AREA 12. Subject Project Area: The 31,363 square foot subject property is relatively flat, as it has been developed with a single-family dwelling and related improvements and was previously graded to accommodate the previous development. There are existing storage structures and a water catchment system that will be demolished, and an existing concrete pad that will be utilized for the new development. The property is located at the corner of Ala Heiau Rd. and Beach Rd. and is bordered by the ocean on the makai side. Vegetation of the property includes non-native ironwoods, albizia, and other typical coastal vegetation; some native naupaka, also common in this area, is present. The property is between three (3) and six (6) feet above sea level with the makai property boundary bounded by an existing legally non-conforming rock wall structure. 13. Surrounding Land Zoning/Uses: The surrounding area is residential or undeveloped residential parcels, with all surrounding parcels also within the County's A-la zoning designation. Immediately makai of the subject parcel is the ocean, and both Ala Heiau Rd. and Beach Rd. border the parcel. 14. Flood Insurance Rate Map (FIRM): The property is predominately within Flood Zone X, or outside of the 500-year flood plan. A small portion of the shoreline is located within Flood Zone VE (areas subject to a 1% annual chance of inundation by a 100-year flood event with additional hazards associated with storm induced wave action). The proposed development will be within Flood Zone X. 15. Sea Level Rise: According to the State of Hawaii Sea Level Rise Viewer (SLR-Xa), the coastal portion of the subject parcel is within the 3.2 ft. Sea Level Rise Exposure Area, the 3.2 ft. Passive Flooding area, and the Coastal Flood Hazard Zone. 16. Flora/Fauna Resources: The applicant did not complete a "biotic" survey of the subject parcel; however, they do not believe that any rare, threatened, or endangered floral or faunal resources are likely to be found within the project parcel. Several non-native trees such as ironwood and albizia are located on the property, none of which require -3- protection or preservation. Species of shorebirds may be found along the shoreline, however that is outside the project area. 17. Archaeological Resources: Although no archaeological survey of the site was conducted for this application, it is highly unlikely that any historic sites would be found as the property has been completed graded and developed with a single-family residence and related improvements and is located within the well-developed residential subdivision. 18. Cultural/Historic Resources: The shoreline area located adjacent to the subject parcel is currently used for coastal gathering and fishing by native Hawaiians, however, use of the project site itself for traditional and customary rights is unknown. The parcel has been cleared, graded, and developed in the past and therefore it would be unlikely that the site would serve any traditional purpose or use. There is an existing 5-foot-wide shoreline access easement located on the southern side of the parcel that allows for public access from Ala Heiau Rd.; this access will be maintained and opened and will be improved by the proposed project. The proposed project will not interfere, alter, or block lateral shoreline access in this area. 19. Scenic and Open Space Resources: The construction of a new single-family dwelling is anticipated to have minimal impacts on scenic views, especially since the site has been previously developed with structures for some time. The proposed development is consistent with the surrounding developed parcels which includes numerous 2-story dwelling structures built along the shoreline. Open space resources are primarily the shoreline area makai of the project site, which is comprised of a basalt bench and rocky coastline, and the ocean which is utilized by both native Hawaiians and the public. 20. Recreation/Public Access: A 5-foot-wide pedestrian shoreline access pathway is located on the south side of the project parcel that permits access to the shoreline from Ala Heiau Rd. along the property boundary to the shoreline area. The coastline in this area is utilized for fishing and other gathering practices,with lateral shoreline access available in this area. The existing shoreline public access located on the project site and the lateral shoreline access located makai of the project site will not be impacted by the proposed activities. -4- PUBLIC UTILITIES AND SERVICES 21. Access: An existing driveway is located on Ala Heiau Rd. that will include a gate. 22. Water: Water is not available on site. A well and associated pump house are proposed, and a well permit has been submitted to the Commission on Water Resource Management(CWRM) for review and approval. 23. Wastewater: Wastewater will be handled by an existing on-site permitted septic tank and drain field system. 24. Other Essential Utilities and Services: All other utilities including electrical, telephone and cable services are available to the site. AGENCIES' COMMENTS 25. Department of Public Works - Engineering: (Planning Department Exhibit 2 — March 25, 2024, Memo). 26. State Department of Health: (Planning Department Exhibit 3 — February 28, 2024, Memo). 27. Department of Environmental Management — Wastewater/Solid Waste: (Planning Department Exhibit 4—March 7,2024,Memo). 28. State Historic Preservation Division (SHPD): (Planning Department Exhibit 5- April 10,2024,Memo) 29. State Office of Planning and Sustainable Development (OPSD): (Planning Department Exhibit 6—March 21,2024,Letter). 30. US Fish and Wildlife Service (USFWS): (Planning Department Exhibit 7 —March 5, 2024, Letter). AGENCIES -NO COMMENT 31. Hawaii Police Department. AGENCIES -NO RESPONSE 32. Department of Water Supply (DWS); Fire Department; DLNR; RPT PUBLIC COMMENTS 33. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. -5- SPECIAL MANAGEMENT USE PERMIT APPLICATION (MAJOR) FOR: Location: 15-1859 BEACH ROAD KEAAU, HI (HAWAIIAN PARADISE PARK) TM K: 315032049 Use: SINGLE-FAMILY RESIDENCE _ tA Ii I Jill Client: PATRICIA SATHER AND STEPHEN ELSE Architect/Agent: S. MICHAEL HOFFMAN H+DLT COLLABORATIVE 76-219A ROYAL POINCIANA DR KAILUA-KONA, HI Direct: 206.409.2234 michael@hdltcollaborative.com Planning Dept. www.hditcollaborative.com 7Ct � lE71t 1 P a g e H+dlT Collaborative, LLC Project#2321.001 February 19, 2024 SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAII PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): Patty Sather and Stephen Else ,( APPLICANT'S SIGNATURE: 22�, ' ATE: January 25, 2024 ADDRESS: 532 SW 3rd PI, Renton, WA 98057 LIST APPLICANT'S INTEREST (if not owner): patty.who@icloud.com, PHONE: (Bus.) (Res.) (206) 714-1418 (Email) makuusteve@gmail.com REQUEST: review and approval of SMA Major application for construction of a Single Family Residence TAX MAP KEY: 1-5-32:49 ZONING: Al-a SIZE OF PROPERTY / AREA OF REQUESTED USE: 0.72 acre / 0.72 acre Patty Sather and Stephen Else LANDOWNER(S): FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE: DATE: AGENT: S. Michael Hoffman/ H+dlT Collaborative Architects, LLC AGENT ADDRESS: 76-219A Royal Poinciana Drive, Kailua-Kona 96740 PHONE: (Bus.) 206.409.2234 (Res.) (Email) Please indicate to whom original correspondence and copies should be sent. patty.who@icloud.com, ORIGINAL: michael@hdltcollaborative.com COPIES: makuusteveCcbgmail.com THIS SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION SHALL BE ACCOMPANIED BY THE FOLLOWING: 1. A filing fee of five hundred dollars ($500)to be paid via EPIC. Paid 020424 2. An original (signed) copy of the completed application. Submitted 020424 3. An A written narrative,including the following background information on the subject request: A. An EIS, if required, under Chapter 343, HRS, or when required by the Director may be submitted in lieu of this section. EIS Not required per meeting with Alex Roy and Jeff Darrow on Nov 3, 2023. B. A description of the proposed development in sufficient detail to convey the full extent of the improvements proposed to and upon the land. For example, in the construction of a structure, specify the amount of land area to be graded and leveled to accommodate the proposed structure, parking area and other related facilities. The proposed development is Single Family Residential structures to be constructed mauka of the shoreline setback including; a 2-story main house with a single bedroom, kitchen, living area, and 2 bathrooms; a bedroom and bathroom structure connected by elevated lanai to the main house; a single car port adjacent to the main house; a 2-car garage with 3rd bedroom, family room, and bathroom above within 50' of the main house; an additional carport and storage shed opposite the drive at the garage structure. A total of 3 bedrooms will be provided, per the existing septic system permit. The total interior finished floor area will be approximately 2050sf, 670sf enclosed garage, 1240sf lanai, and 660sf open sided accessory structures. Existing approximately 24'x50' concrete slab on grade will remain and will be covered by new home and lanai structure. The total developed area including driveways will be approximately 7,400sf. Existing permitted septic and electrical systems will be reused. Existing water holding catchment tank/system removed. Existing hazardous residential structures demolished. A perimeter site fence will be installed, including gates at driveways. The existing rock seawall will remain unchanged. A well will be installed mauka of the garage structure within the 15' side yard setback. The 5' shoreline access easement pathway along the SE boundary of the property will be cleared, and signage maintained. All obstructions within this 5' shoreline access easement will be removed, including a portion of the existing rock wall and wood posts.The site was previously graded under permit (circa 2007) and no significant grading is expected for this construction. Excavation for both continuous perimeter and internal post footings is expected. Limited grading may occur between the driveway/carport and the main level Lanai stair/entry (approximately 4' above existing grade). C. Description of the subject property in sufficient detail to precisely locate the property. Describe existing uses, structures, and topography. The site is located at 15-1859 Beach Road, Keaau, in Hawaiian Paradise Park at the intersection of Beach Road and Ala Heiau Rd. The existing use is Single Family Residence, with previously permitted metal container and wood framed living and storage structures on concrete slab on grade. The slab on grade will remain as ground protection under the proposed development. Portions of the slab that may be removed for new foundations are expected to be used on site at on grade planter beds and/or will be disposed of at appropriate county facilities. Existing steel 2 1 P a g e H+BIT Collaborative, LLC Project#2321.001 February 19, 2024 container structures are sold/removed and are expected to be repaired or reused in part or whole. During any demolition, dust will be contained by using wetting surfaces,water runoff will be contained by straw bail silt fence, and miscellaneous debris will be cleaned, bagged, and removed/disposed of at appropriate county facilities. Existing utilities will be reused and modified to accommodate the proposed development. The existing wood storage structure on the slab will be relocated on the site near mauka of the garage structure. The site is generally flat mauka,vegetated with non-native grasses and a few small ironwood and albizzia trees.The site steps down approximately 3' to exposed lava at the shoreline setback. D. Provide the total cost/fair market value of the proposed use, activity, or operation. $785,000 E. State/County Plans affecting the subject request: State Land Use District, County Zoning, General Plan designation and Community Development Plans. The site is within State Land Use AG (Agricultural) District, County Zoning is a-1A, General Plan Designation is Puna District, and governed by the Hawaiian Paradise Park Community Plan. F. A written statement discussing the proposed development in relationship to the objectives and policies as provided by Chapter 205A, HRS, and the Special Management Area guidelines as contained herein. The project will have no foreseeable impact on any of the types of resources referenced in Chapter 205A, HRS, and SMA guidelines. The project removes unused and deteriorating permitted dwelling structures, replacing them with modern and maintainable permitted single-family structures. The proposed development will meet the objectives and policies of Ch 205A, HRS, and SMA Guidelines. Shoreline public access will be enhanced and improved, with signage as required. There are no historical resources on or related to this parcel. The scenic shoreline itself will be unchanged, with access improved as above. Mauka site area is not designated as usable Open Space. The coastal ecosystem will not be impacted by this project, as all development is mauka of the shoreline setback.The proposed Single-Family Residence is aligned with intended use of this lot, and no coastal hazards will be created or impacted by this project. Traditional and customary native Hawaiian rights to fish and enjoy the shoreline will be enhanced by the maintenance of the shoreline access easement and installation of the Shoreline Access sign. No adverse effects or impairment will occur. There are no cultural, historical, or natural resources on this land, other than the sea cliffs themselves. The improved shoreline access path will help protect Native Hawaiian rights and traditions. G. Surrounding zoning and land uses. The subject lot is in Hawaiian Paradise Park. All nearby/surrounding lots are residential single-family structures or undeveloped lots most likely to be developed as single-family residences. H. Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works - Engineering Division). VE &X I. Archaeological and Historic Resources: Describe and show on the plot plan any known historic and archaeological resources on the property. Examples include human skeletal remains, structural remains, sand deposits, midden deposits, and lava tubes. The application may be provided to the State Department of Land and Natural Resources Historic Preservation Division (SHPD) for a determination of whether the project will affect archaeological/historic resources. Please be aware that a hearing before the Planning Commission may not be held until SHPD and the Planning Department 3 1 P a g e H+dlT Collaborative, LLC Project#2321.001 February 19, 2024 determines resources on the property are adequately identified, recorded, mitigated and/or preserved. There are no known archeological or historic resources on this this or nearby parcels, J. Valued Cultural Resources: Identify any traditional and customary native Hawaiian rights that are exercised in the area; the extent in which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights if they exist. Examples include areas of traditional collection of terrestrial resources (ki leaf, aho chord, thatch, medicinal plants, and ferns) or marine or riparian resources (limu, `opae, `o`opu, hihiwai) used for subsistence, cultural and religious purposes. Traditional and customary rights may also include rights of access to the archaeological and historical resources of the property. There are no known cultural, historical, or natural resources nearby, other than the sea cliffs themselves. The Traditional Hawaiian right of access will be improved as the public shoreline access easement will be maintained and improved as above. K. Public Access: Existing public access to and along the shoreline or to mountain areas and knowledge of whether public access is being used. The traditional Hawaiian right of access will be improved as the public shoreline access easement will be maintained and improved as above. L. Floral and Fauna Resources. There are no floral or fauna resources on this parcel. M. Description of access(es) to the area (e.g., width, type of surface and condition of roadway). If a private roadway, submit evidence of legal access rights. Approximately 115' of the site abuts Ala Heiau Road, a gravel road with 40' ROW. The site is currently accessed off Ala Heiau makai. The site also abuts Beach Road mauka, a gravel road with 50' ROW, where an additional driveway access is proposed toward the east edge of the site, furthest from the existing drive access point. N. Traffic impacts - assessment of existing traffic conditions, anticipated increase in traffic and traffic impacts from proposed use (a formal study may be requested by Department of Public Works or Department of Transportation during the review process). No traffic impact is expected. O. Availability of Utilities: Water,telephone, electricity, solid waste and sewage disposal. Electricity is available on the site, with service installed under previous development permit. Water is not available on site. However, a well and associated pump house are proposed and a permit has been applied for with the Commission on Water Resource Management. Sewage treatment is by existing on-site permitted septic tank and drain field system. Public utilities such as telephone and internet are available on site. Solid waste pickup is not currently available at the site. P. In the case of an applicant whose proposed development has been assessed, any information as to the areas of critical concern delineated by the Director. The Areas of concern addressed under initial SMA Minor review were avoiding development or repairs to the 4 1 P a g e H+BIT Collaborative, LLC Project#2321.001 February 19, 2024 existing rock wall within the shoreline setback area and removing all obstructions within the 5' shoreline access easement (a portion of the existing rock wall and wood posts). The existing rock wall will be untouched other than to remove portions protruding into the 5' access easement. 4. A written narrative describing the anticipated impacts of the proposed development on the Special Management Area, including but not limited to the following: A Description of environmental setting; The site is flat, previously cleared circa 2007. The site is flat mauka,vegetated with non-native grasses and a few ironwood and albizzia trees. The site steps down approximately 3' to exposed lava at the shoreline setback. B. The relationship of the proposed action to land use plans, policies, and control of the affected area; The proposed development is compliant with all land use plans and policies governing the site and surrounding area/neighborhood. C. The probable impact of the proposed actions on the environment; There is no expected impact of the proposed development on the environment. D. Any probably adverse environmental effect which cannot be avoided; There is no expected impact of the proposed development on the environment. E. Alternatives to the proposed action; No Alternatives to the proposed development have been identified. F. Mitigating measures proposed to minimize impact; and There are no mitigating measures applicable since no impact is expected by the proposed development. G. Any irreversible and irretrievable commitment of resources. None 5. A site plan of the subject property, drawn to scale, showing property lines and measurements; all existing and proposed structures with elevations, uses and improvements; proposed subdivision and reference points such as roadways, shoreline, etc. Information such as the extent of any land alteration (grading) activities and the location of a cliff or other distinctive features should be shown on the plans. See attached site plan, Sheet A1.0 6. If the proposed activity is the construction, enlargement, or reconstruction of a single-family residence, the application must be accompanied by a floor plan including the total floor area calculation, which shall be the total area of all floors of a building(s) associated with the single- family residence, including a basement, measured along the exterior walls of such building(s). The floor area of a building(s), or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above (e.g. storage, garages, carports, and lanais under roof are to be included). 5 1 P a g e H+dlT Collaborative, LLC Project#2321.001 February 19, 2024 See attached site and floor plans, Sheets A1.0 and A2.0. 6. A shoreline survey of the subject property, as certified by the Chairman of the Board of Land and Natural Resources, when the subject property abuts the shoreline. The certified shoreline survey shall be prepared m accordance with the Department of Land and Natural Resources Rules of Practice and Procedure. A request to waive the need to prepare a certified shoreline survey may be submitted in writing to the Planning Director. See attached Shoreline Survey 7. In the case where a multi-unit residential structure, containing more than ten units is proposed, the Director may require the applicant to develop a scale model or three- dimensional rendering of the proposed development and related improvements. Not Applicable 8. A list of names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. See attached instructions for notification procedures. HIDEO SAITO CHIAN CHUNG CHANG DAVID ROE 2-11-17 MOTOAZABU#303 19136 OAHU LN 946 KUMUKOA ST MINATO-KU TOKYO 106-0046 SARATOGA CA 95070 5115 HILO HI 96720 4029 JAPAN TMK 315032047 TMK 315030015 TMK 315032050 AINSLIE SCHMIDT LILY CERVANTES HIDEO SAITO HC 3 BOX 10041 8092 INDIANAPOLIS AVE 2-11-17 MOTOAZABU#303 KEAAU HI 96749 9203 HUNTINGTON BEACH CA 92646 5009 MINATO-KU TOKYO 106-0046 TMK 315032046 TMK 315030016 JAPAN TMK 315032051 LEOW HONG LINDA DUAN HC3 BOX 10028 2299 MOWRY AVE STE 3A INGRID CARVALHO KEAAU HI 96749 9202 FREMONT CA 94538 1621 3820 LURLINE DR TMK 315032045 TMK 315030017 HONOLULU HI 96816 4027 TMK 315032052 CARLTON RULEY PRANOT SANGPRASIT JENNIFER STOTTER 200 KANOELEHUA AVE#362 JULIE LYNN PARSELL PO BOX 492497 HILO H196720 4648 15-2660 PAHOA VILLAGE RD#203-308 KEAAU HI 96749 2497 TMK 315030018 PAHOA HI 96778 6720 TMK 315032018 TMK 315032053 CAROLYN NOBLIT LVS GROUP LLC HC 3 BOX 13118 CARLTON RULEY 22887 SHEFFIELD CT KEAAU HI 96749 9231 JENNIFER STOTTER WILDOMAR CA 92595 TMK 315030019 PO BOX 492497 TMK 315032017 KEAAU HI 96749 2497 TMK 315032048 ALESSIO STOSSICH 815 W 12TH AVE SPOKANE WA 99204 3759 TMK 315030014 9. Any other plans or additional information relevant to this application may be requested by the Planning Director to facilitate processing of this request. None requested to date 6 1 P a g e H+dlT Collaborative, LLC Project#2321.001 February 19, 2024 7 1 P a g e H+dlT Collaborative, LLC Project#2321.001 February 19, 2024 O f O W id cry #c 7 � 4 z= r ' � 3 N " It o z o U Z v o }r N a' M Q .N /14 00 Z Mo U z of Q7 c) z aQ o V c. oma N N O Z p ti m VA ao ao a°i v J� - H Ua '`090'08 „00,9Z.£l�(21) "a am t-�1; m0 a N U7 N N T o z N o ¢ O Q N x L ; O ii 00- C ❑ m 5 0 F- CL CERTIFIED OCT. 6,2022 HA-627) Cj SHORELINE DETERMINED FROM Q- O Z s , HIGHEST WASH OF THE WAVES AND VEGETATION m LLI O O N a (0.155 ac., 6,775 sq.ft.) z U71, W LL BRUSHLINE (NAUPAKA) 40 ft. SHORELINE SETBACK 'a � 3 i c a o i N > O rn o O + r � _� m coO to 0 o N a N W O > Q L- U N N v U O Q m 13 M w cl q ^ QIry I N M N a j' o z N N — 3 m 3 O a J F2 00 > ro M o N m fn� r) Q C a w N a N 0 " o N 'v d 3 0 3 N I N N O O Q / ? c t a Y •a � m °t L p O 3 L d N a r Ea E a m ° a yj > p 0 N C d p Q m La 0 d O a o� Q 04 o ° p a o N o Ce CL o £ ti 3 v a a O I� O N G a O i0 a ��N O O N_ 2 \ IM m w c°a_p G m o OD M o Q �J a c O o 0,o 00 w a y o 3 a Z a o N O O NON of S �. •O O M N N > W i m N L` N0V613S ,SZ I p m _ N __,,44 �I O y O wo ° r o w o a� C N r a l- N a \ I NO U a C - L ❑ E d o= o as ,£0 OS „OO,OO.Z£l(2!) F\a I b Q o 2?m o_d a o N o ° w n a X0'08 jzjo.m(-J) naao o f S8'bbS a� o c a Q o ° °U 43 O a m N E d a a m a s Y Gvoa 13nvaO ..L Z,L O.Z L C( >a -9v-0y 14,1 V38 a c � 0,11 j�a ` a o oN m o mo m Nac Qaa ply = a„ � �� N SW[GV3Hd3AO a o O a H y � Np 1/3 1/3 1/3 -1/3 J/3 1/3 Cl 10 p L� c�J ❑ vi a a U _- N oU =oo w , Nm Q Y o C a C 'H a t o w 3 �yNjL 3 2 G1*5aL O U N �� v[/1 N H f= O 0 Z N M 0 w 0_ 00 �o sto �- 2= E a a " `7 a:•m° N zo �5 mM W w R _m° V Uov) o : 10o 0 `` cO Q m m a C ?G bS+• L 0 O 1011 w o W OV a W (na'v c Mi ow5 c o � Q ozs _ app .. .J, m�� ? oyz ,� wEi ' m V O Q p y ?N a s S u Q' c 5 as —' w 3 y L OR = a __ �j v o = a ; C p j N v1 J= O p Y Y� 'O o � O Q 0 N Z 8 w d PAC/F/C OCEAN o 9 HIGHWATER MARK b p G � U (LD.CT.APPL C 9 P V °�•'_ 313'26'00' �� t - 80.06 C u TOP OF SEA F. .L V e —0-INE DETERMINED FROM HIOHEBT WASH OF T E WAVES AND VEGETATON (0.155 ac.8.T/5 p.ft.) rr a'{z fAz ".Q.-E(NA—A) OLD STRUCI $ (SHIPPING CONTAINERS) ON CIXiC.PAD w 8 ti C5 G Q. 8 w R h Pw M+iro g 6 w ti a p 0 IoJN ti S O p O $ h b � h ¢ Z. Z w OL— a i as Lu r 3 � O �\ Z z U� 0.n Sy N$ b c} ZE le x l\I 2Cs Es/�a C 132'00'00" 80.03' GRAVEL ROAD f` jBEACH ROAD i NJ 0 OVERHEADr�RES 0 —L3—US A—✓n ✓3 ✓3—L� L3 111 m ma< �a ON a a`% . W)§ (, �- :- § « C)2 ;-! @| f§! � — ) /� 0 ,4 E:2 a § / } # ) ` ` CL a \\$ \ \\ \\ )� }§ k' �! : ) ƒ E > � . . § fi +: PROPERTy LINE g � £ZOZ'vz kmr:iviiiwem 3Htl1NI €� N01iV01-1dd`d VAS IIVMVH 'flvvi>i s o w o a OWU HOWS SO M "+3 s -eegee >C) p -T-1 iw 11w 39n0H 1NIOd n.nm w ° LL m 0w N •� of � 6 v' Q 3 Y - w az ❑< 0 sa �Q 0 oIna lip a _ � w -fs - a U Y opo -- p � a � a po€=w=mwpo =goo�N Q 91 PW g in Bm to Ax As dy Is 11 on � o ass HIM - — a�s��p=ue 0 4 0 & 0 0az�pHIM as�� saHI U _o"�`1a-0-o G po __ __sz �a€» »11�w 0 - �'i;eup wg- 3p�np§n� -AM� _�1 a _ a�€o,1��«a1� -ill �-- in- 01110o »1 nil§Eo¢UMEp=E810 E =d All 11w 1 1,. 1hp aodp ho & AW HIM H AHN-��Qa-o-f�o _M____M & --- hwK EszEZEEEZEaH.1"g" ___g .".; P=aadd hal 11 Mmodlg" NO ARHIA _ m z -F- Ro - � _ � � p --= s his m Q ,sli «< MIAMI!!I!! wwwwwwwwww ____`___"_______` ____ MeA M Z vzoz`sz AadnNvr:-id1llwens o wz E ��� PH 1.--:g �� _ N NOIldOl-ldd`d BONA VAS AS araa o Z a 1 $a=' R w� _ ` IIVMVH 'nbviN _e a + oFm a GVOH HOV19 6986-S6 w o 2R �w� 3snoH 1NIOd n.nm` w _ == V rvNm Ee ag U) Od HJtl39 lo Y D 3N1 dDI 0 3H M 101CIVO NDuIsDd _ ,00 29� INIIJIdIdodd a,D�tl: �ItlN ------- o i r„ _ . s = NDIL 6Dd TVN DVW I's - � pm`N VNaoN� d o m N N tlrvNry a 00 06C 3N1�1d111d1 IN � 3d Id \ 3Nn3DaaK53.0—,Qt VZ 101 3NId5 F-o vvd Zndm IN ❑1 �lj K2`AvnNvr,-ivIIwns ! ; 1.--:g oz _ NOLvonddv§ON§v§\ ` `\_ \_ /j ) ) ! i¥mVH 'nviN ` \ ) m aoHOVgeSa3� n§ oz ]SnOH IN|Od Rnm¥W ; d\ w< . ( So , - - - ^ \ < , < » 2 \ \ � g g y , i \ } \-----------/ / » -- - � � Z vzoz'sz A-vnNvr:-idlllwens wo o ��� o �_g oz d _ N NOUVOl�dd bOf"dW VAS ="µ�l `s 08gi$ o cn Z a a-N PI IlVMVH 'nbviN _e a O—a.~ a GVOH HOV19 6986-96 _=P8 w> o =o Ir° LL 3snoH 1NIOd n�f mvw X J _ =___an ~w ro< m �_ m N w w N Ei I, I, I,�I�IIu I11I -II MH IHMH IF Wlllu MH MR WH El IllWl�llu - u _ == of:i� III IIII IIII IIII IIII� — Flo \ Z = vzoz`sz A-vnNvr:-id1llwens z KD �—_d _ N NOIldOl-lddd bOf"dW VAS W a P c a z IIVMVH 'nvviN a^Jo r eg a O P:a GVOH HOV19 6SS6-SL _=-P8= w> o To Iwo 3snoH 1NIOd fl,f mvw _ =-_ x ica Nwm�LLw a sE°aa4� - >,. a W w N IN I IF 11 Iff = o IIII IIII IIII IIIIII�IIII IIIIII` IIII IIIIII� III III III III III III III III III III �—NI MIN III III IIIIII�II — I III — rc� HE �III III IIII I —_II IIIIII IIII IIIIIIIIII I — III IIIIII` —- I I III III III III IIIIII IIIIII IIII IIII III LU IIII IIII III DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: March 25, 2024 Iffeft&WW4-*W TO: Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000048) Applicant: Patricia Sather and Stephen Else Request: To Allow the Construction of a Single-Family Dwelling and Related Development TM K: 1-5-032:049 We have reviewed the subject request and provide the following comments: 1. 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. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code (HCC). Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhi bit 2 County of Hawaii is an Equal Opportunity Provider and Employer JOSH GREEN, M.D. f KENNETH S. FINK, M.D,MGA, MPH .........9 GOVERNOR OF HAWAII r ,ysv"'may DIRECTOR OF HEALTH KE KIA'AINA0 KA MOKU'AINA0 HAWAI'I y,: `tom KA LUNA HO'OKELE s �'©.I�tr•rao� STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 r HILO, HAWAII 96721-0916 Planning Dept. Exhibit 3 MEMORANDUM DATE: February 28, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000048) Applicant: Patricia Sather and Stephen Else Request: To Allow the Construction of a Single-Family Dwelling and Related Development Tax Map Key: (3) 1-5-032:049, Kea`au, Puna District, 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/ianduse/. 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 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. Zendo Kern February 28, 2024 Page 2 of 4 2. Control of Fugitive Dust: You must reasonably control the generation of all 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://health.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: haps://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: haps://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. 2. 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. 3. 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 hqps://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Zendo Kern February 28, 2024 Page 3 of 4 1. 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 Safe Drinking Water program: haps://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/e/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: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov. Sanitation/Local DOH Comments: 1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure 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. A demolition permit is required prior to demolition. Zendo Kern February 28, 2024 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community 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. JNtv'�F HJ�Y Mitchell D.Roth +. Ramzi I.Mansour �`' �I�N Mayor Director Deanna S.Sako %%� ;�` Brenda Iokepa-Moses Mn��ngi��g Director �r`OF""� Deputy Director County of Hawai'i 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 MEMORANDUM TO: Zendo Kern,Director Planning Department FROM: Ramzi I. Mansour, Dir for , ov .IJ41�Mr; Department of Enviromn al Management DATE: March 7, 2024 SUBJECT: Special Management Area Use Pell-nit Application(PL-SMA-2024-0000048) Applicant: Patricia Sather and Stephen Else Request: To Allow the Construction of a Single-Family Dwelling and Related Development Tax Map Key: (3) 1-5-032:049, Kea`au, Puna District, Hawaii The Solid Waste Division has reviewed the subject application and provides the fbllowing comments (Contact the Solid Waste Division fbr details). • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations fbr disposal. • Aggregates and any other constructionldeinolition 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 fbllowing comments (contact the Wastewater Division for details): • No County sewer system in area. Applicant shall fbllow 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 JOSH GREEN,M.D. DAWN N.S.CHANG GOVERNOR KE KIA'AINA CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE SYLVIA LUKE MANAGEMENT LIEUTENANT GOVERNOR I KA HOPE KIA'AINA RYAN K.P.KANAKA`OLE pQ„F Nom`` FIRST DEPUTY (p 41958 9 y +. ;� ,, DEAN D.UYENO o{sand anq Ndr r :K �. q vi� § ACTING DEPUTY DIRECTOR-WATER Fyo dfm •'iI. : AQUATIC RESOURCES '& :a BOATING AND OCEAN RECREATION o- a BUREAU OF CONVEYANCES o M % !'* COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT A.dF ENGINEERING 'Sate of Ha`Na� FORESTRY AND WILDLIFE HISTORIC PRESERVATION STATE OF HAWAII KA MOKU`AINA`O HAWAII KAHooLAWEISLAND RESERVE coMMlssloN LAND DEPARTMENT OF LAND AND NATURAL RESOURCES STATE PARKS KA`OIHANA KUMUWAIWAI`AINA STATE HISTORIC PRESERVATION DIVISION KAKUHIHE WA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 April 10,2024 IN REPLY REFER TO: Zendo Kem,Director Project No. 2024PR00269 Planning Department Doc.No. 2404JG11 County of Hawaii Archaeology Hilo,HI 96720 101 Pauahi Street, Suite 3 planning(a�hawaiicounty.gov Dear Zendo Kem: SUBJECT: Hawaii Revised Statutes(HRS)Chapter 6E-42 Historic Preservation Review County of Hawaii Special Management Area Use Permit Permit Number:PL-SMA-2024-000048 Waikahekahenui Ahupua`a,Puna District,Island of Hawaii TMK: (3) 1-5-032:049 This letter provides the State Historic Preservation Division's(SHPD's)review of the subject project received by our office on February 28,2024. The submittal included an SMA Use Permit Assessment Application, site plans,photos of the project area, and a County of Hawaii Planning Department letter dated February 22,2024. The project area comprises the entire 0.72-acre parcel. The project proponents, Patty Sather and Stephen Elise (landowners),propose the removal of an existing catchment tank and residential structures; removal of a rock wall and wood posts within the shoreline access easement;and the installation of a well,a perimeter fence,and access. The proposed residence will be constructed on an existing house pad(50 ft. by 24 ft.). The submittal materials indicate the project area has been impacted by previous grading and construction of the existing structures. SHPD records indicate that the project area is within the boundaries of a previous archaeological study (Ewart and Luscomb 1974). No historic properties were identified during the study or more recently. More recently, SHPD reviewed a proposed permit(Well No. 8-3586-170)and issued a project effect determination of"no historic properties affected" (Doc.No. 2311NM06). Low potential exists for the project to impact historic properties. Based on available information,SHPD's determination is No historic properties affected pursuant to HAR§13-284- 7(a)(1). 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 the historic preservation review ends. The HRS 6E historic preservation review process is ended. The vermit issuance process may continue. Attach to permit: If historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at (808) 933- 7651. Please contact Joshua Gastilo at Joshua.gastilo(a�hawaii.gov for any questions regarding archaeological resources or concerns regarding this letter. r Pla1' ning Dept. Exhibit 5 Zendo Kern April 10,2024 Page 2 Aloha, Gan �owne� Alan S.Downer,PhD Administrator,State Historic Preservation Division Deputy State Historic Preservation Officer cc: Tracie-Lee Camero,tracie-lee.camero&bawaiicouM. og_v Alex Roy,alex.roygbawaiicounty. og_v Patty Sather,pqtly.whogicloud.com Stephen Else,makuustevekgmail.com S.Michael Hoffman,michaelk dltcollaborative.com �P ;95g"°� STATE OF HAWAII JOSH GRGOOVERNO. : �. � ' � OFFICE OF PLANNING SYL�o E NOR & SUSTAINABLE DEVELOPMENT MARY ALICE EVANS g INTERIM DIRECTOR y >.. 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 Telephone: (808)587-2846 .'�" Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (808)587-2824 Web: https:Hplanning.hawaii.gov/ Coastal zone DTS202402230902NA Management Program March 21, 2024 Environmental Review Mr. Zendo Kern Director Program Department of Planning Land Use Commission County Of Hawat`t East Hawaii Office Land Use Division 101 Pauahi Street, Suite 3 Special Plans Branch Hilo, Hawaii 96720 State Transit-Oriented Attn: Alex Roy Development Statewide Geographic Dear Mr. Kern: Information System Statewide Subject: Special Management Area Use Permit Application (PL-SMA-2024- Sustainability Branch 000048) to Allow the Construction of a Single-Family Dwelling and Related Developments, Kea`au, Puna, Hawaii; Tax Map Key: (3) 1-5- 032: 049 Thank you for the opportunity to provide comments on the Special Management Area(SMA) Use Permit Application (PL-SMA-2024-000048), transmitted via memorandum dated February 22, 2024, to develop a single-family dwelling at Kea`au, Puna, Hawaii. According to the subject SMA Use Permit Application, the site is within the State Land Use Agricultural District, and county zoning A-la. The existing use is single-family residence, with previously permitted metal container and wood framed living and storage structures on concrete slab on grade. The proposed residence will be designed and constructed as the following: o a two-story main house with a single bedroom, kitchen, living area, and two bathrooms; o a bedroom and bathroom structure connected by elevated lanai to the main house; o a single care port adjacent to the main house; o a 2-car garage with 3rd bedroom, family room and bathroom above within 50 feet of the main house; and o an additional carport and storage shed opposite the drive at the garage structure. Planning Dept. Exhibit____6 Mr. Zendo Kern March 21, 2024 Page 2 A total of three bedrooms will be constructed per the existing septic system permit. A perimeter site fence will be installed, including gates at driveways. The site was previously graded and no significant grading is expected for the proposed construction. All obstructions within the 5-foot shoreline access easement pathway along the boundary of the property will be removed, and shoreline access signage will be required and maintained. The estimated cost of the proposed development is $785,000. The Office of Planning and Sustainable Development(OPSD)has reviewed the subject SMA Use Permit Application, and has the following comments to offer: I. All proposed structures and construction shall be outside of the shoreline setback area established by the County of Hawaii Planning Department of Planning. 2. All exterior lighting and lamp posts associated with the proposed residential development shall be full cut-off luminaries to provide the necessary shielding to mitigate potential light pollution in the coastal areas, and lessen possible seabird strikes. No artificial light, except as provided in Hawaii Revised Statutes §§ 205A-30.5(b) and 205A-71(b), shall be directed to travel across the property boundaries toward the shoreline and ocean. 3. The OPSD recommends that the site-specific Best Management Practices (BMPs) shall be developed and implemented to prevent any runoff, sediment, soil and debris potentially resulting from associated construction activities from adversely impacting the coastal ecosystems and the State waters as specified in Hawaii Administrative Rules Chapter 11-54. If you respond to this comment letter, please include DTS202402230902NA in the subject line. For any questions regarding this letter,please contact Shichao Li of our office at(808) 587- 2841 or by email at shichao.li@hawaii.gov. Sincerely, Mn A k U. &CurxS Mary Alice Evans Interim Director DeVera, Ashley From: Sether, Diane <diane_sether@fws.gov> Sent: Tuesday, March S, 2024 11:1 S AM To: Planning Internet Mail; Dacayanan, Melissa; Roy, Alex Cc: PIFWO_Admin, FW1; Asman, Lindsy; Javar-Salas, Chelsie Subject: Request for Comments on App No. PL-SMA-2024-000048 for Patricia Sather and Stephen Else on TMK: (3) 1-S-032:049 Attachments: IPaC Species List Instructions_PIFWO_19May2022_Final.pdf Dear Zendo Kern, Planning Director, Thank you for the opportunity to comment on the Special Use Permit application for a single family residence, demolition and construction project located at 15-1859 Beach Road, within the Hawaiian Paradise Park development, Keaau, HI [TMK 315032049]. The Pacific Islands Fish and Wildlife Office (PIFWO) has transitioned to the use of the Information for Planning and Consultation (IPaC) online portal, https://ipac.ecosphere.fws.gov/, for federal action agencies and non-federal agencies or individuals to obtain official species lists including threatened and endangered species, designated critical habitat, and avoidance and minimization measures for listed species that may be impacted by the proposed project. IPaC is used across the U.S. and expedites the process for species list and distribution of avoidance and minimization measures. The instructions for using IPaC are attached. We recommend the applicants enter their project in IPaC and fully implement the avoidance and minimization measures that are applicable to the proposed residential demolition and construction work. These measures include the following: (1) implement avoidance and minimization measures for all species that may be impacted by the project, (2) adhere to USFWS recommendations for avoiding nighttime project-related and residential lighting that can impact turtles and seabirds, (3) avoid removal of trees and vegetation above 15 feet tall between June 15 and September 15 during the bat pupping season, (4) avoid conducting project-related activities on the beach, (5) implement best management procedures for work in or around aquatic environment, (6) implement invasive species biosecurity protocols, and (7) incorporate all species conservation measures into the project description. If you have questions, please direct them to pifwo_admin@fws.gov or(808) 792-9400. Diane Diane Sether, Ph.D. Invertebrate and Wildlife Biologist Maui Nui and Hawai'i Geographic Team Pacific Islands Fish and Wildlife Office Planning Dees. U.S. Fish and Wildlife Service Exhibit? 300 Ala Moana Blvd., Room 3-122 i Honolulu, Hawai'i 96850 ph (808) 210-4919 web page: https://www.fws.gov/pacificislands/ z SNT Op TyF FISH&U.S. United States Department of the Interior SER.7«F W p _; FISH AND WILDLIFE SERVICE �4RCH 3 $a9 Pacific Islands Fish and Wildlife Office 300 Ala Moana Boulevard,Room 3-122 Honolulu,Hawaii 96850 Subject: IPaC generated official species list for the Pacific Islands Fish and Wildlife Office Dear Action Agency or Applicant: Beginning March 21, 2022, the Pacific Island Fish and Wildlife Office (PIFWO)will be transitioning to the use of the Information for Planning and Consultation (IPaC) online portal, https://ipac.ecosphere.fws.gov/, for federal action agencies and non-federal agencies or individuals to obtain official species lists, including threatened and endangered species and designated critical habitat in your project area. IPaC has been used by continental USFWS offices to provide official species lists since 2017. Using IPaC expedites the process for species list distribution. Obtaining a species list in IPaC is relatively straightforward and takes minimal time to complete. Step by step instructions are included below. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of your species list should be verified after 90 days. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change the species list. Verification can be completed by visiting the IPaC website at regular intervals during project planning and implementation. An updated list may be requested through the IPaC system by completing the same process used to obtain the initial species list. We hope this process provides efficiencies to our partners in obtaining a species list. For federal action agencies, it also opens additional IPaC functionality that the PIFWO office is still working on, such as the use of Determination Keys for informal section 7 programmatic consultations. We will let our agency partners know when that functionality becomes available. If you have questions about a species list obtained through the IPaC system or need assistance in completing an IPaC species list request,please contact the Service at 808-792-9400 or via email at pifwo_admin(a�fws.gov. We appreciate your efforts to conserve listed species across the Pacific Islands. PACIFIC REGION 1 IDAHO, OREGON*, WASHINGTON, AMERICAN SAMOA, GUAM, HAWAII, NORTHERN MARIANA ISLANDS 'PARTIAL Instructions for Action Agencies and partners to obtain an official species list in IPaC • Navigate to hgps://ipac.ecosphere.fws.gov/ • You can get an unofficial species list without logging in. However, if you want an official species list you will need to log in first using your Login.gov account. If you don't have an IPaC account, they are easy to create. Log in x LOGIN GOV LOGIN You can use your Login.gov profile as your [PaC account.You will need to allow [PaC to read your basic profile information. LOG IN WITH () LOGIN.GOV > Why do I need an IPaC account? Select Log in with Login.gov and sign in using your email and password. Email address ❑ Show password Password Create an account Sign in with your government employee ID If you have a PIV or CAC card, you can sign in using that method as well. 2 Sign in with your PIV or CAC Make sure you have a Login.gov account and you've set up PIV/CAC as a two-factor authentication method. IF 1 Insert your PIWCAC Cancel • Once you log in, select"Get Started". U.S.Fish&Wildlife Service I ' WaC Information for Planning and Consultation Powered by KOs J_�.viro i mental Con e.t 3don OWSvstem Last login March 16,202205 IPaC is a project planning tool that streamlines the USFWS till '7, nvironmental review process GETSTARTEDMY PROJECTS • Define the action area: Identify the location of the proposed action by uploading an existing shapefile or by entering an address or coordinates of the action area. Once identified on the map, you can manually draw the action area using the drawing tools. Waill Information for Planning and Consultation MYPROJECTS 2 Define area agar 1 Find location ± Draw the area where activities will b b ^ occur Search or zoom to find the project Select a drawing mol Honolulu location Find a place SKETCH - Or skip this step and: ' POLYGON UPLOAD SHAPE FILE w SELECT BY STATE OR COUNTY LINE - - Other options: UPLOAD SHAPE FILE Define area SELECT BY STATE OR COUNTY 3 Honolulu 5' u .Sr HIF Leaflet I Powered by Esri I City and County of Honolulu,Esri,HE To help identify your action area you can choose between multiple base maps available. Find location P *' Define area R , 3 Confirm F&s �z Verify the area vah ere project activities will occur r Modify the shape by clicking and dragging the vertices or clicking on a solid vertex to remove it Er, e 6.73 acres START OVER �, Press continue when you have finished drawing or uploading the action area location. • The species information on the page that follows is not official. However, it identifies the project County, local Fish and Wildlife Field Office, species covered under NOAA Fisheries as well as Migratory Bird Treaty Act species. The list can be viewed in Thumbnail or List format. • Once the species list populates you will see images of the species that may occur on, near, or transgress across your project. Click on SPECIES GUIDELINES on your top right to see Avoidance and Minimization measures to incorporate into your General Project Design Guidelines. 4 Explore location LOCAL C��CE PACIFIC ISLANDS FISH AND WILDL OFC- 'Hoa—waic, CHANGE LOCATION Resources ENDANGERED SPECIES 20 Endangered species Listed species t and their critical habitats are managedby the Ecological Services Program of the U.S. MIGRATORY BIRDS 5 Fish and Wildlife Service(USFWS)and the fisheries division of the National Oceanic and Atmospheric FACILITIES Administration(NOAAFisheries z ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. WETLANDS ! Please contact NOAA Fisheries for species under theirjurisdicticn. -P�PRINT RESOURCE LIST Additional information on endangered species data is provided below. The following species are potentially affected by activities in this location: What's next? :7 THUMBNAILS IS LIST ©SPECIES GUIDELINES- Define a project at this location to evaluate potential impacts, Mammals get an official species list,and make species determinations, Hawaiian Hoary Bat wher�r found • Continue with the following steps to comply with the requirements of ESA section 7 to obtain an official species list. • Select Define Project Define project Define a project at this location to evaluate potential impacts,get an official species Ilst,and make species determinations. What's next? Prn;ertname Define a project at this location to evaluate potential impacts, Protectdesrript— get an official species list,and 'e=v,b,th, `a°°°-,s-pea°°° °"°1SpfOfe make species determinations. • CANCEL Enter the Project Name and a brief description of the project(a description is not mandatory, but recommended for future coordination with the Service). Click SAVE at bottom of page. • At the bottom of the What's next box on the right, click Request Species List 5 Test Project What's next? ESA REOEW Testing Review this project's effects on listed - species , pursuant to the Endangered Species Act(ESA),as part of the overall ,f Honolulu regulatory review. k SPECIES LIST Requesting an official species list is now P part of IPaCs ESA Review.. r 1 c y REQUEST SPECIES LIST LOGiTION Honolulu County,Hawaii ,-RE.- March 17,2022 Local office A 1 MEMBER ❑2DOCUMENTS Pacific Islands Fish And Wildlife Office • on the following screen, click Yes, Request Species List Endangered Species Act Review <BACK EHITREUIEW Q Request an official Q Evaluate determination © Analyze project(optional) 0 Downloaddocumentation species lost keys No Dkeys for project Step 1 : Request an official species list An official species list is a letter from the local U.S.Fish and Wildlife Service field office that assists in the evaluation of potential impacts of your project.It Includes a list of species that should be considered under Section 7 of the Endangered Species Act,a project tracking number,and other pertinent information from the field office. Does this project require an official species list? Federal agencies are required to"request of the Secretary of Interior information whether any species which is listed or proposed to be listed may he present in the area of a proposed action"(Section 7 of the Endangered Species Act). This requirement applies to projects that are conducted,permitted,funded,or licensed by any Federal agency • SKIP/DOES NOT APPLY • Fill out the contact information for yourself or your agency. Contractors, state partners, and any other project proponents may request a species list and should be covered using the dropdown menus. 6 Tell us about the project and your organization or agency Is this project being conducted, permitted, funded,or licensed by a Federal agency? O Yes O No What kind of organization are you working for directly? Federal Agency State Agency Federal Agency Territory Agency City County Non-Governmental Organization From the pull-down menu for Classify Type of Project, select the project type that best fits the proposed action. Enter your project information Project name Test Project Project description Testing i Select your project type REQUIRED l Abandonment of Rail Line Acquisition of Lands Airport-Maintenance/Modification Airport-New Construction Animal Control Aquaculture Beach nourishment Biological Control Boat Ramp-Maintenance/Modification Boat Ramp-New Construction • Once all required sections are filled out,press SUBMIT OFFICIAL SPECIES LIST REQUEST 7 Location Hondulu eW SUBMIT OFFICIAL SPECIES LIST REQUEST • An Official Species List should be generated and available for download in a couple of seconds. • If you need additional information on a species, click on their name that is hot-linked to their species information page. A brief overview of the species' status, description and critical habitat will appear as well as a link to their ECOS species profile. 'urces I I VVI X ANGERED SPECII RATORY BIRDS ILITIES TLANDS PRINT RESOURCE.Lli hat's next? fine a prijeatt this Inca, o et evaluate potential impacta,of icidl species list d Threatened;A species likely to become endangered ZSake species detern,ratio within the foreseeable future throughout all or a significant portion of its range. The liwi is an Hawaiian forest bird in the endemic Incincycrepper subfamily of the Fringiffidne(finch family)liwi are medium-sized forest birds(total body length is approximately 14 centimeters(cm)(5.5 inches(in))with bright scarlet feathers,black wings and tail,and a small white patch on the inner —rondary ii feathers.The hill is Inne.all 8