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PD BACKGROUND REPORT (PL-SMA-2024-000054)
BPunalei Makai Amend SMA 4/2024 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PUNALEI MAKAI LIVING TRUST AMEND SPECIAL MANAGEMENT AREA USE PERMIT PL-SMA-2023-000026 (PL-SMA-2024-000054) PUNALEI MAKAI LIVING TRUST has submitted an application to amend Special Management Area Use Permit No. PL-SMA-2023-000026 to increase the size of the single- family dwelling, to change the style of roof, and to construct a rock wall and gates on a 9.513- acre shoreline parcel within the Special Management Area. The subject parcel is located at 36- 2676 Old Mamalahoa Highway, approximately 1,000 feet south of Stevens Road/Hawai`i Belt Road intersection on the east (makai) side of the highway, Waipunalei Homesteads and Portion of Kahoahuna Homesteads, North Hilo, Hawaii, TMK: (3) 3-6-005:002. PROPOSED DEVELOPMENT I. Request: Punalei Makai Living Trust (Applicant) seeks a SMA Use Permit to amend a previously approved SMA Use Permit (PL-SMA-2023-000026) that included the demolition of an existing single-family residence and construction of one (1) two-story, 3,788 square foot, single-family residence, one (1) 1,575 square foot first farm dwelling, one (1) 1,000 square foot stand-alone garage, and related improvements on 9.51 acres of land situated within the Special Management Area. The amended project includes the following components: Proposed new Residence (4420 square feet Interior, 2942 square feet accessory) has increased in size from the original proposal (3788 square feet interior, 2593 square feet accessory). Total increase in size is 632 square feet interior, 349 square feet accessory. The single-family residence remains two (2) stories but has changed from four (4) to five (5) bedrooms and remains three & half bathrooms. Construction remains generally the same, built on concrete slab with concrete exterior walls at main floor, steel interior and second floor wall framing. The roof has been redesigned as a hip roof, with the roof construction to be wood framed with metal roofing. Height remains at approximately 28 feet and will not exceed a maximum of 35 feet. No change to location or shoreline setbacks. Residence will be located one hundred thirty (130) feet from the -I- shoreline and will respect all other setbacks. A septic system for the residence will also be installed. Additional work includes the construction of a 5-foot-high rock wall, and the gates for access to the parcel. No other changes are proposed. 2. Project Objectives: The purpose of the project is to amend the size of the previously approved single-family residence. 3. Cost/Time of Project: The current estimated cost of the improvements is $1,079,000. The project would be initiated after completion of the final design and the granting of all necessary permits. 4. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — SMA Use Permit Application dated February 16,2024) 5. Landowner: Punalei Makai Trust. BACKGROUND INFORMATION 6. Previous Approvals: April 29, 1987 - a previous landowner was granted approval to construct an Ohana Dwelling under Ohana Dwelling Permit OD 87-47. That Ohana Dwelling was never constructed on the parcel and the permit has remained open. While the current SMA application included the construction of an Ohana Dwelling under OD 87-47, it was determined by the Planning Department that a first farm dwelling would be more appropriate for this parcel and the applicant agreed. Staff notes that the first farm dwelling is a permitted use on this parcel without the need for additional approvals and that the Ohana Dwelling could incur additional water and sewer requirements which are not conducive to this proposed development project. May 4, 2023 — PL-SMA-2023-000026 was approved by the Windward Planning Commission to demolish an existing single-family residence and construct one (1) two- story, 3,788 square foot, single-family residence, one (1) 1,575 square foot first farm dwelling, one (1) 1,000 square foot stand-alone garage, and related improvements on 9.51 acres of land situated within the Special Management Area. STATE AND COUNTY PLANS 7. State Land Use Designation: Agriculture/Conservation -2- 8. General Plan LUPAG MAP: Important Agriculture Lands (ial) and Open (ope) 9. County Zoning: Agricultural 20-acres (A-20a) 10. Hamakua Community Development Plan (RCDP): The Hamakua Community Development Plan was adopted by the Hawaii County Council by Ordinance No. 18-078 on August 22, 2018. 11. Special Management Area (SMA): The project is located within the Special Management Area and the parcel is considered a shoreline parcel, as such, the proposed development is subject to SMA review. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The property consists of approximately 9.513 acres and is located on the makai (seaward) side of Old Mamalahoa Highway. The property is roughly square in shape and contains an old single-family residence on the mauka (landward) side of the parcel (to be demolished). The property is generally sloping towards the shoreline and is covered in typical grass and low-stand vegetation common to previously disturbed sugar cane lands. A coastal cliff(pali) bounds the makai side of the parcel, with a single-family residence and related development to the north, a County owned parcel and the Waipunalei Stream bound the southern property boundary, and Old Mamalahoa Road to the east—bounding the mauka property line. 13. Surrounding Land Zoning/Uses: The surrounding area is zoned entirely as either Agricultural 20-acres or Agricultural 5-acres, with only a limited number of surrounding parcels developed with single family residential structures and related improvements. 14. Soil Type: Soils within the study area are classified as Hilo hydrous silty clay loam on 10% - 20% slope. These strongly acidic soils dehydrate irreversibly into fine gravel size aggregates and have formed over basalt that originated from Mauna Kea Volcano 64,000 to 300,000 years ago. This soil has historically been used for the cultivation of sugarcane. 15. Land Study Bureau's Detailed Land Classification System: The project site is listed as "C" (Fair). 16. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The project site is listed as "prime" (1) on the ALISH Map. 17. Flood Insurance Rate Map (FIRM): The property is within Flood Zone X and is not -3- within a Tsunami Evacuation Zone due to the height of the coastal pali. 18. Flora/Fauna Resources: No biotic surveys were conducted for the subject parcel; however, the applicant does not believe that the site contains any rare or endangered floral and faunal resources. The parcel is currently covered in non-native grasses and shrubs. The applicant notes that this parcel was used for sugar cane cultivation until that use ceased; the land was cleared and graded during sugar cane cultivation. The site is not known to be a habitat for any rare or endangered wildlife other than could be found along the shoreline outside of the parcel boundaries. 19. Archaeological Resources: Based on the long history of sugar cane cultivation on 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. The project is still under review at the time of this report; additional information related to the amount of grading and grubbing was sent to SHPD as requested, no response has been received, however, the County recommends that the project proceed with the determination of "no historic properties affected" based on the long history of sugar cane agriculture that previously graded the entire area. 20. Cultural/Historic Resources: The subject parcel does not include any established public shoreline access trails or easements, and there is no evidence the shoreline or subject parcel are currently used for fishing or other cultural activities. 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 sugar cane cultivation of the area, it would appear very unlikely that the site would contain any useful materials. In the event documented claims of gathering or access are made of this site the applicant will honor them. 21. Recreational Resources: There has historically been no shoreline access through this parcel, which will continue. The adjacent parcel to the south is owned by the County of Hawaii and does offer minimal shoreline access. There is a small segment of State- owned lands along this shoreline where shoreline uses may occur. Additionally, the applicant states that the property is located in an area with high inaccessible cliffs and is -4- not considered a prime fishing area. Staff notes that Laupahoehoe Point Park, which is a heavily used park and shoreline access area, is located approximately 3000-feet south of the subject parcel. 22. Scenic and Open Space Resources: Views from Highway 19 (Hawai`i Belt Road) are obscured by vegetation and tall trees such that the proposed project will have no impact on viewplanes from the Highway. From Old Mamalahoa Road the development will appear within the center of the parcel. Heights of the proposed structures will be limited and will not close views from Old Mamalahoa Highway to the shoreline. The removal (demolition) of the existing structure directly adjacent to the road will aim to improve sight lines to the ocean from the road. 23. Public Access: There is no existing shoreline public access on the subject parcel. Shoreline access is gained either through the County owned parcel to the south or via the Lapahoehoe Point Park also located south of the subject parcel. PUBLIC UTILITIES AND SERVICES 24. Access: The property is accessed via Old Mamalahoa Highway, a County owned and maintained roadway. 25. Water: According to the DWS the subject parcel is currently served by two (2) existing 5/8-inch meters assigned to the subject parcel (Accounts No. 580-26800 and 580-27200) and are deemed sufficient for the proposed development. 26. Wastewater: The existing single-family dwelling on the property currently utilizes a septic tank for wastewater disposal, which will be removed during the demolition of the old structures. The new development will utilize two (2) separate Individual Wastewater Systems (IWS), one for the main dwelling and one for the first farm dwelling and garage. 27. Other Essential Utilities and Services: All other utilities, including electrical, telephone, and cable services are available to the site. The applicant will be responsible for hauling all domestic generated trash to the appropriate County Transfer station. AGENCIES COMMENTS 28. State Department of Health: (Planning Department Exhibit 2 — March 14, 2024, Memo). -5- 29. Department of Environmental Management — Solid Waste/Wastewater: (Planning Department Exhibit 3—April 3, 2024, Memo). 30. Department of Public Works —Engineering Division: (Planning Department Exhibit 4—April 10,2024,Memo). 31. Office of Planning and Sustainable Development (OPSD): (Planning Department Exhibit 5—April 11,2024,Letter). AGENCIES -NO RESPONSE 32. Department of Public Works- Building Division;Department of Water Supply; DLNR PUBLIC COMMENTS 33. The Department has not received any comments or objections from the general public or adjacent landowners on the subject application. -6- SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Punalei Makai Living Trust -Geetha Kumari Vallabhaneni & Aaron Seth Culliney APPLICANT'S SIGNATURE: (��� DATE: Feb 16, 2024 ADDRESS: PO Box 800298 Papaaloa, HI, 96780 LIST APPLICANT'S INTEREST IF NOT OWNER: eet a Kumarl V Mabfianeni & LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Aaron Seth Culliney PHONE:(Bus.) (Res.) 510-585-6799 (Fax) LANDOWNER(S): Punalei Makai Living Trust -Geetha Kumari Vallabhaneni & Aaron Seth Culliney LANDOWNER SIGNATURE(S): DATE: Feb 16, 2024 (Maybe by letter) LANDOWNER(S) ADDRESS: PO Box 800298 Papaaloa, HI, 96780 REQUEST: SMA approval for construction of three residential buildings as described in attached narrative, and approval for demolition of existing house &shed TAX MAP KEY: (3)-3-6-005:002 ZONING: Ag SIZE OF PROPERTY OR AFFECTED AREA(S): 9.5130 acre (414,386 square-foot) AGENT: Val Colter ADDRESS: 12-7242 Kii Nani St., Pahoa HI 96778 TELEPHONE:(Bus.) 808-769-2949 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: owner/ applicant COPIES: agent Planning Dept. Exhibit 1 WRITTEN DESCRIPTION Feb. 15, 2024 Special Management Area Assessment 36-2676 OLD MAMALAHOA HIGHWAY Waipunalei Homesteads Tax Map Key No.: (3) 3-6-005:002 Purpose of this Document This report has been prepared to amend Major Special Management Area("SMA")Assessment PL-SMA-2023-000026 as it relates to construction of the Main House and related development within the SMA ("Proj ect"). Landowner Owner: Punalei Makai Trust Trustees: GEETHA KUMARI VALLABHANENI & AARON SETH CULLINEY Mail: PO Box 800298 Papaaloa, HI, 96780 Phone: 510-585-6799 Email: gvallabhaneni@gmail.com Agent Val Colter Phone: 808-769-2949 Email: val.colter@yahoo.com BACKGROUND INFORMATION A. An EIS will be submitted if required by the director. B. DESCRIPTION OF PROPOSED DEVELOPMENT Statement of objectives and reasons for the request The objectives of this amendment to the Project are as follows: 1) To ensure that the Project is completed in a manner that is consistent with the applicable State and County plans, including the Special Management Area guidelines as described in Chapter 205A, Hawaii Revised Statutes ("HRS"); 2) To build a Main Residence, including a septic system, driveway and parking. 3) To build a rock wall along the street. Prosect Description The amended Project includes the following components: Proposed new Residence (4420 square feet Interior, 2942 square feet Accessory) has increased in size from the original proposal (3788 square feet Interior, 2593 square feet Accessory). Total increase in size is 632 square feet Interior, 349 square feet Accessory. Residence remains two stories, has changed from four to five bedrooms, remains three & half bath. Construction remains generally the same, built on concrete slab with concrete exterior walls at main floor, steel interior and second floor wall framing. The roof has been redesigned as a hip roof. Roof construction will be wood framing with metal roofing. Height remains at approximately 28 feet, and will not exceed a maximum of 35 feet. No change to location or shoreline setbacks. Residence will be located one hundred thirty(130) feet from the shoreline and will respect all other setbacks. A septic system for the residence will be installed. (See attached site plans & building plans.) Proposed five foot high rock wall to be built along street at or slightly inside property line. There is no change to the now permitted detached Garage and detached Bedroom. Total building area including accessory areas is remains 9,660 square feet. County water is available and will be utilized. Existing house and shed, built in 1936, will be demolished. Because the area to be developed is gently sloping and in Hamakua there will be a need for low retaining walls (4 feet max height) on both sides (uphill and ocean side) of the Residence and parking area, and the Ohana-Garage area. 20 loads of select borrow gravel and base course gravel are anticipated. Excavating and compacting activities are anticipated with approximately 50,000 square feet to be impacted by grading, excavating, fill and compacting activities for the total project including septic systems and driveways. Up to 4000 cu yards of material may be brought in. The Project is set back from the coastline by a minimum of 120 feet to the nearest development which will be the retaining wall makai of the Residence. This project will not affect beach processes, artificially fix the shoreline or interfere with public access and views to and along the shoreline. Site specific Best Management Practices ("BMPs")will be developed by the contractor in order to mitigate any potential for project-related impacts to the nearshore marine environment. BMPs will include the following provisions: • Excavation and grading activities will all be kept a minimum of 100 feet from the shoreline. • The entire project will take place outside the shoreline setback area. • All heavy equipment, machinery and trucks will be stored on site. • Drip pans will be stored under vehicles when not in use. In the event of a spill of leak of fuel, the flow of such fuel will be stopped and all sources of ignition will be removed. The spill will be contained by placement of a barrier around the area and contaminated earth will be placed in containers and properly disposed of off-site. • In case of ponding fuel, a hazardous materials vacuum truck will be used to collect the fuel. 2 • A construction, silt and debris barrier meeting with the approval of the Planning Director, shall be erected prior to the commencement of construction activities and shall remain in place until final inspection has been granted for all improvements. This barrier will surround the construction area (shown on attached site plan). C. DESCRIPTION OF SUBJECT PROPERTY Property is located at 36-2676 OLD MAMALAHOA HIGHWAY Waipunalei Homesteads,North of Laupahoehoe Tax Ma Ke No.: (3) 3-6-005:002 Y Rp P_ft Ocean H Property Characteristics The Property is a 9.5130 acre (414,386 square-foot)parcel. It is generally sloping, vegetation is grass and trees. (Arial view and survey map of the lot attached.) Topography, Geology& Soils The Project Site is generally flat, slightly sloping Hamakua dirt. No material will be removed from the site. All excavated materials will be relocated on site. Existing Improvements There is an existing grandfathered house near the road which will be demolished. There is existing fencing along the road. D. VALUATION OF PROPOSED USE The estimated cost of the proposed Project has changed from $950,000 to $1,079,000 The proposed Project would be expected to begin upon obtaining all necessary approvals, including the subject SMA Assessment Application. 3 The remainder of this document has not been changed from the previous approved document. .E. RELATIONSHIP TO COUNTY GENERAL PLAN Hawaii County General Plan The Hawai'i County General Plan is the long-range policy document for the comprehensive development of the Island of Hawai'i. The General Plan provides direction for the balanced growth of the County. The General Plan contains goals, policies and standards as well as the LUPAG map. The Project conforms with the following goals, policies and standards of the General Plan. Environmental Quality: Goals: (b) Maintain and, if feasible, improve the environmental quality of the island. Policies: (a) Take positive action to further maintain the quality of the environment. Discussion: The Applicant is very sensitive to the environmental quality of the Property as well as the surrounding area, including the nearshore water quality. In relation to the Project, applicant intends to take no action which would negatively impact the ocean. Flooding and Other Natural Hazards: Goals: (b) Prevent damage to man-made improvements. Policies: (d) Any development within the Federal Emergency Management Agency designated flood plain must be in compliance with Chapter 27. (q) Consider natural hazards in all land use planning and permitting. Discussion: The Applicant is aware of the natural hazards that have the potential to affect the Property. The parcel is not in flood zone. Natural Beauty: Goals: (a) Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. (c) Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Discussion: 4 The subject parcel will be developed with restraint as to coastal impacts. The Applicant supports a conservative approach to the conservation of natural resources. Natural Resources and Shoreline: Policies: (a) Require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. (c) Maintain the shoreline for recreational, cultural, educational, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. Discussion: The Applicant supports a conservative approach to the conservation of natural resources. Guidelines for Approval (1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: (A) Adequate access, by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles; (B) Adequate and properly located public recreation areas and wildlife preserves are reserved; (C) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon special management area resources; and (D) Alterations to existing land forms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods, wind damage, storm surge, landslides, erosion, siltation, or failure in the event of an earthquake. Discussion: (A)There has historically been no shoreline access through this parcel. That will continue. The adjacent property to the south is owned the County of Hawaii and offers shoreline access. Additionally the State of Hawaii owns a narrow parcel that separates this property and adjacent properties to the north from the shoreline. Presumably these county and state owned properties offer public shoreline access. (B)Laupahoehoe Beach Park is 10 minutes away by car. (C)Septic systems will be designed by a licensed civil engineer to protect the ocean from wastewater associated with this development. (D)Because this parcel has been extensively bulldozed during sugarcane production there will be little alteration to the existing land forms. Vegetation is mostly grass with some trees. (2) No development shall be approved unless the authority has first found: 5 (A) That the development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by the public health, safety, or other compelling public interests. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options; (B) That the development is consistent with the objectives,policies, and special management area guidelines enacted by the legislature; and (C) That the development is consistent with the county general plan and zoning. Such a finding of consistency does not preclude concurrent processing where a general plan or zoning may also be required. Discussion: The Project is not expected to have any significant adverse impact to environmental resources. It is consistent with the objectives, policies and SMA guidelines, as well as the General Plan and County zoning. The surrounding area has both low and high density residential development. Allowing two more single family dwellings in this area will not have a high impact either individually or cumulatively. Even if all the other similarly sized parcels in the area were developed the same way the density would remain low and is more seriously impacted by nearby housing on smaller lots that were subdivided and developed long ago. (1) General Plan states: The population in North Hilo has been declining for more than 50 years. Residents of North Hilo, especially the young, continue to leave the area because of the lack of employment opportunities. Agriculture shows the greatest potential for growth. Discussion: While this development proposal is for housing the owners do plan to farm the land. Orchards will be planted at the least. (2) General Plan states as a goal under Environmental Quality: Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable. Discussion: Subject parcel already has a single family residence in bad condition and a garage that are right on the road. Allowing development as proposed will increase the quality of the area by removing the old buildings and replacing them with buildings which will be well off the road. (3) General Plan states :The community of Laupahoehoe has not experienced any extreme flood flows. Discussion: This parcel is not flood prone and impacts no other parcel as any flooding will go into the ocean. (4) General Plan states: Most historic sites of North and South Hilo have been either destroyed by agriculture, urban growth, and natural changes in landforms. Those sites that have been protected should remain as the area grows. Other sites, particularly historic buildings, should be the focus of these districts. These buildings, although not of ancient vintage, reflect the historic growth of the area. 6 Discussion: The existing buildings slated for demolition have no historic value. They are simple wood frame one story dwelling and garage (or"shed")in poor condition and too close to the road. (5)As relates to Natural Resources General Plan states: (a) Require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. (b)Protect the shoreline from the encroachment of man-made improvements and structures. (c) An identification and inventory of forest lands suitable for watershed purposes should be conducted jointly by County, appropriate State and Federal agencies, and private landowners. (d)Encourage the use of native plants for screening and landscaping. Discussion: Owners plan to remove invasive java plums and plant orchards and native plants for screening. The septic system for wastewater and the construction debris barrier and best practices will be used to minimize negative impacts on the environment. (6)Regarding Housing General Plan states: The district also has a limited supply of vacant parcels available for housing and the least amount of subdivision activity over the past few decades. However, since the district's economic and employment opportunities are anticipated to remain stable with little or no population growth, this limitation on the availability of lots is not likely to present or cause major housing problems for the district. And: Low Density: Residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. Discussion: Allowing for more housing, while preserving low density, 2 houses on 10 acres, will have positive impact on North Hilo with its limited housing availablity. (7)General Plan states: Implement the Laupahoehoe Point Beach Park master plan. Discussion: The beach park is open and available for public use. F. RELATIONSHIP TO SMA OBJECTIVES, POLICIES & GUIDELINES as provided by Chapter 205A, HRS, and SMA Guidelines SMA Obiectives & Policies Recreational Resources Objective: Provide coastal recreational opportunities accessible to the public. 7 Policies: (A) Improve coordination and funding of coastal recreational planning and management; and (B) Provide adequate, accessible and diverse recreational opportunities in the coastal zone management area by: (i) protecting coastal resources uniquely suited for recreational opportunities that cannot be provided in other areas; (ii) requiring replacement of coastal resources having significant recreational value, including, but not limited to, surfing sites, fishponds and sand beaches, when such resources would be unavoidably damaged by development; or requiring reasonable monetary compensation to the State for recreation when replacement 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 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 natural resources, and county authorities; and crediting such dedication against the requirements of section 46-6. Discussion: The Property is located in an area with high cliffs or pali and is not a prime fishing area. Historic Resources Objective: 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. Policies: (A) Identify and analyze significant archaeological resources; (B) Maximize information retention through preservation of remains and artifacts or salvage operations; and (C) Support state goals for protection, restoration, interpretation, and display of historic resources. Discussion: 8 It is highly unlikely that there are any archaeological resources on the Property. It has been previously disturbed during sugar cane cultivation. Scenic & Open Space Resources Objective: Protect, preserve, and, where desirable, restore or improve the quality of coastal scenic and open space resources. Policies: (A) Identify valued scenic resources in the coastal zone management area; (B) Ensure that new development are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and (D) Encourage those developments that are not coastal dependent to locate in inland areas. Discussion: The proposed Project will not interfere with any views of the coastline from a public highway, and will have a minimal impact on views from neighboring properties. Coastal Ecosystems Objective: Protect valuable coastal ecosystems, including reefs, from disruption and minimize adverse impacts on all coastal ecosystems. Policies: (A) Exercise an overall conservation ethic, and practice stewardship in the protection, use, and development of marine and coastal resources; (B) Improve the technical basis for natural resource management; (C) Preserve valuable coastal ecosystems, including reefs, of significant biological or economic importance; (D) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversion, channelization, and similar land and water uses, recognizing competing water needs; and (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. Discussion: The Applicant will be using approved septic systems to serve the Residence and Ohana. All surface runoff will be contained onsite. Site specific Best Management Practices will be utilized as discussed in detail above. The project area falls entirely outside the 40 foot shoreline setback. As such, the Project is not expected to negatively impact coastal ecosystems. Economic Uses 9 Objective: Provide public or private facilities and improvements important to the State's economy in suitable locations. Policies: (A) Concentrate coastal dependent development in appropriate areas; (B) Ensure that coastal development such as harbors and ports, and coastal related development such as visitor industry facilities and energy generating facilities, are located, designed, and constructed to minimize adverse social, visual, and environmental impacts in the coastal zone management area; and (C) Direct the location and expansion of coastal dependent developments to areas presently designated and used for such developments and permit reasonable long- term growth at such areas, and permit coastal dependent development outside of presently designated areas when: (i) use of presently designated locations is not feasible; (ii) adverse environmental effects are minimized; and (iii) the development is important to the State's economy. Discussion: The Property is located within an existing agricultural zoned subdivision where lots are typically used for dwellings or agriculture. Continued development in this area is entirely appropriate. Coastal Hazards Objective: Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, subsidence, and pollution. Policies: (A) Develop and communicate adequate information about storm wave, tsunami, flood, erosion, subsidence, and point and nonpoint source pollution hazards; (B) Control development in areas subject to storm wave, tsunami, flood, erosion, hurricane, wind, subsidence, and point and nonpoint source pollution hazards (C) Ensure that development comply with requirements of the Federal Flood Insurance Program; and (D) Prevent coastal flooding from inland projects. Discussion: The Property is subject to tsunami inundation, as are all areas along the coast. In any event residents will evacuate if so directed by sirens or county or state personnel. Actions by the applicant will be unlikely to increase erosion or pollution. Managing Development Objective: Improve the development review process, communication, and public participation in the management of coastal resources and hazards. Policies: (A) Use, implement and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development; 10 (B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements; and (C) Communicate the potential short and long-term impacts of proposed 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. Discussion: The SMA Assessment process will allow the Planning Director to assess the Project in detail. Public Participation Policies: (A) Promote public involvement in coastal zone management processes; (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 (C) Organize workshops, policy dialogues, and site-specific mediations to respond to coastal issues and conflicts. Discussion: The SMA Assessment process will allow the Planning Director to assess the Project in detail. Beach Protection Policies: (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; (B) Prohibit construction of private erosion-protection structures seaward of the shoreline, except when they result in improved aesthetic and engineering solutions to erosion at the sites and do not interfere with existing recreational and waterline activities; and (C) Minimize the construction of public erosion-protection structures seaward of the shoreline. Discussion: The Project will not interfere with natural beach processes or erosion. Marine Resources Policies: (A) Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; (B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; (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; (D) Promote research, study, and understanding of ocean processes, marine life, and other ocean resources in order to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; and 11 (E) Encourage research and development of new, innovative technologies for exploring, using, or protecting marine and coastal resources. Discussion: The Project is not expected to impact marine resources. Guidelines for Approval (1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: (A) Adequate access, by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles; (B) Adequate and properly located public recreation areas and wildlife preserves are reserved; (C) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon special management area resources; and (D) Alterations to existing land forms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods, wind damage, storm surge, landslides, erosion, siltation, or failure in the event of an earthquake. Discussion: The Project will not affect shoreline public access, and will not have adverse effects on the shoreline. (2) No development shall be approved unless the authority has first found: (A) That the development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by the public health, safety, or other compelling public interests. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options; (B) That the development is consistent with the objectives,policies, and special management area guidelines enacted by the legislature; and (C) That the development is consistent with the county general plan and zoning. Such a finding of consistency does not preclude concurrent processing where a general plan or zoning may also be required. Discussion: The Project is not expected to have any significant adverse impact to environmental resources. It is consistent with the objectives, policies and SMA guidelines, as well as the General Plan and County zoning. (3) The authority shall seek to minimize, where reasonable: (A) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough or lagoon; 12 (B) Any development which would reduce the size of any beach or other area usable for public recreation; (C) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the special management areas and the mean high tide line where there is no beach; (D) Any development which would substantially interfere or detract from the line of sight toward the sea from the state highway nearest the coast; and (E) Any development which would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land. Discussion: The Project will not reduce the size of any beach or other area usable for public recreation. It will not impose any restriction on public access to tidal or submerged lands or detract from the line of sight toward the sea of any highway, nor is it expected to adversely affect water quality, fisheries, fishing grounds, wildlife habitats or agricultural uses of land. G. Zoning The Property is within the Agricultural Zoning area. Surrounding zoning is also Agricultural. Properties surrounding the Subject Property are developed with single family dwellings and accessory buildings and in agricultural use. Project is situated entirely within the Special Management Area("SMA"). The Project Site is presently zoned Agricultural ("A5a")by the County of Hawaii. This zoning designation is entirely appropriate within current policies for the proposed Project. Parcels zoned for agriculture in Hawaii county are commonly used for mixed residential and farming purposes. This proposed development is squarely in line with those usages. Low density residential development like this allows plenty of space for orchards and other types of farming. Subject parcel is 10 acres and could be subdivided into two parcels, on each of which one residence would be allowed. H. Flood Insurance rate Map (FIRM)Designation is X I. Archaeological Resources Due to sugar cane propagation the existence of any surface or subsurface archaeological remains is extremely unlikely. To the Applicant's knowledge, there are no traditional or customary practices occurring on or near the Project Site. Given that there is not expected to be any significant impact to archaeological, cultural or historic resources in the area, no mitigation measures are recommended. The following letter was sent to State DLNR asking for a finding of"no effect". 13 Dec. 5, 2022 OWNER: Punalei Makai Living Trust Trustees:GEEI•HA KUMARI VALLABHANENI &AARON SETH CULLINEY Mailing Address: PO Box 726, Volcano HI 96785 848-280-1576 gvallabhaneni@gmail.com Agent:Val Colter 808-769-2949 val.colter@yahoo.com TO: State DLNR Historic Preservation Division PO Box 621 Honolulu HI 9680 Re. 36-2676 OLD MAMALAHOA HIGHWAY Waipunalei Homesteads Tax Map Key No.: (3) 3-6-005:002 This is a request for a "no effect" letter. The subject property was in sugar cane cultivation for many years and was extensively bulldozed.Owners therefore believe that no archeological resources remain on the property. Subject property may be entered by state archeologist as needed for determination. Trustees: Geetha Kumari Vallabhaneni &Aaron Seth Culliney X Date LSC 5 ! c D OI rZ X Date D 5 _Z&-z 2— PROOF PROOF OF MAILING & DELIVERY 14 J. Flora Property is currently covered by grass, with some trees and shrubs. This was sugar cane land until the cessation of sugar cultivation in the area. The land was dozed and shaped during that period. Fauna Occasional or consistent use by seabirds, small rodents and lizards is likely, but impacts on area fauna will be minimal. K. Cultural Resources No traditional or customary native Hawaiian rights are exercised in the area except fishing. There has historically been no shoreline access through this parcel. That will continue. The adjacent property to the south is owned the County of Hawaii and offers shoreline access. Additionally the State of Hawaii owns a narrow parcel that separates this property and adjacent properties to the north from the shoreline. Presumably these county and state owned properties offer public shoreline access. Laupahoehoe Beach Park is 10 minutes away by car. L. Public Access to the Shoreline There has historically been no shoreline access through this parcel. That will continue. The adjacent property to the south is owned the County of Hawaii and offers shoreline access. Additionally the State of Hawaii owns a narrow parcel that separates this property and adjacent properties to the north from the shoreline. Presumably these county and state owned properties offer public shoreline access. Laupahoehoe Beach Park is 10 minutes away by car. M. Access to the area The Property is accessed by Hawaii 19, aka Hawaii Belt Road, a paved county maintained public highway, and located on Old Mamalahoa Highway, a paved public road in reasonable condition. N. Traffic Impacts There is not expected to be any impact to the existing traffic situation on area roads as the proposed Residence and Ohana will not add much to the density of the area. There are a number of smaller more densely packed lots close by. As such, no mitigation measures are currently proposed. O. Availability of Utilities Water System No water system anticipated. County water is available and will be utilized. Wastewater System The Residence and the Ohana will each have their own separate engineered septic system. 15 Utilities Helco electrical grid is available for hook-up and will be utilized. Electricity will be brought on to the property with either overhead lines on privately owned poles or underground. Emergency Services The Project Site is currently served by all emergency services. It is located 1) within the service area of the County Fire Department's Laupahoehoe Volunteer Fire Station 17A 36-122 Puualaea Homestead Road, less than 5 miles from the Property; 2) Hawaii County Fire Department Station 17 - Laupahoehoe 36-2319 Old Mamalahoa Highway, less than 5 miles from the Property; 3) within the service area of the Hamakua Police Station, Honokaa HI 45-3400 Mamane Street 808-775-7533, approximately 15 miles from the Property; 4) Hilo Community Hospital, 1190 Waianuenue Ave, Hilo, HI 96720 5) Honoka'a Mediacal Care-Hale Ho'ola Hamakua, 45-547 Plumeria St, Honokaa, HI 96727 Solid Waste The Applicant is responsible for hauling all domestically generated trash to any available County Transfer Station. The Applicant acknowledges that construction waste is not to be disposed of at any County Transfer Station. P. Information as to any areas of critical concern will be addressed as required by the director. ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT ON THE SMA A. DESCRIPTION OF ENVIRONMENTAL SETTING The property is coastal and rural, basically pasture and forest. It is slightly sloping towards the ocean, down slope from the road. B. RELATIONSHIP TO LAND USE PLANS, POLICIES,AND CONTROL OF AFFECTED AREA Land Use Plans & Policies The area is generally used for residential and agriculutural purposes and the proposed development is consistent with those uses. Natural Hazards Tsunami Existing Conditions The Project Site is not in a Fema recognized floor zone. The occurrence of a tsunami is unpredictable. Once generated, a tsunami's height can be monitored as it approaches land masses. The tsunami height at landfall will vary depending on the shoreline terrain and the nearshore water's depth. 16 Potential Impacts As a result of the unpredictability of a tsunami, the actual impacts cannot be estimated beyond the fact that large tsunami waves can cause considerable damage. The ability of a structure to survive the destructive force of a tsunami is dependent upon a number of factors, including the following: the size of the wave, the number of waves, the type of structure impacted, the structure's distance from the water's edge, the topography of the impacted area, and the amount of debris suspended in the waves impacting the structure. Proposed Mitigation The Applicant is well aware of the potential tsunami hazard. Evacuation routes for the area have been developed by the Hawaii County Civil Defense Agency ("Civil Defense") and the Applicant is aware of them. A tsunami warning siren system is presently in place as a means of informing area residents and businesses of an impending threat. The warning system is linked to the Statewide Civil Defense System and is activated directly by Civil Defense. Volcanic & Earthquake Hazards Existing Conditions The United States Geologic Survey ("USGS") classifies the area as Lava Flow Hazard Zone 8, on a scale of ascending risk, 9 being the lowest risk and 1 being the highest. The entire Island of Hawaii is within Earthquake Zone 3. Potential Impacts The potential impacts of lava flow inundation include structures and improvements covered by lava or destroyed by fire, disruption of built infrastructure, alteration of the terrain and loss of life. This property is not in a high risk area. In Hawaii, the loss of life due directly to lava flow inundation is extremely rare due to the fact that there is usually adequate warning of an impending threat to allow the evacuation of the area. The Uniform Building Code designates the entire Island of Hawaii in Zone 3 and contains certain structural requirements to address the relative seismic hazards. However, during a major earthquake of 7+ on the Richter scale, significant property damage may occur. Proposed Mitigation As in the case of tsunamis, due to the uncertainty of volcanic events, the most practical mitigative measure is the provision of an early warning system that will warn area residents and businesses of an impending threat. Regarding a seismic event, adherence to the structural requirements of the Uniform Building Code is the best possible mitigation to prevent property damage or loss of life. The Proposed Carport will be built to withstand seismic events per 2006 IBC. C. PROBABLE IMPACT ON THE ENVIRONMENT The eyesore of the old house very near the road and the old shed that is literally in the roadway will be removed. The environment will be altered by the addition of new buildings. D. ANY PROBABLE ADVERSE, UNAVOIDABLE ENVIRONMENTAL EFFECTS The Applicant has not identified any adverse, unavoidable environmental effects. 17 E. ALTERNATIVES TO THE PROPOSED ACTION "No-Action" Alternative Under this alternative, Applicant would not do the Project. Location of the Project Elsewhere on the Property As the entire Property is situated within the SMA there is no way to situate the Project outside of the SMA. Evaluation of Alternatives The present alternative is the only reasonable option for the Applicants to accomplish their objective. F. MITIGATING MEASURES TO MINMIZE IMPACT Large shoreline setbacks, new septic systems and best management practices during construction will protect the coastline and ocean. G. ANY IRREVERSIBLE & IRRETRIEVABLE COMMITMENT OF RESOURCES Resources The proposed Project does not include any irreversible and irretrievable commitment of resources. As previously noted, the Project Site is not a habitat for any federally or State listed, candidate or proposed threatened or endangered species, nor is there any likelihood of surface or subsurface archaeological resources. Visual Characteristics The Applicant does not anticipate any impacts to visual resources from the Project. Ocean views from roadways and neighboring lots should not be affected by the proposed buildings which will be generally below road level and will not block ocean views from Highway 11. ------------------------------------------------------------------------------------------------- Applicant requests that Certified Shoreline Survey be waived as the project area is approximately 120 feet from the shoreline at the closest point. -------------------------------------------------------------------------------------------------- 18 For purposes of this application Val Colter may act as our official representative. Please address all communication regarding this application to both: Valerie Colter Punalei Trust 808-769-2949 Geetha Kumari Vallabhaneni & Aaron Seth Culliney 13-6460 Kalapana Kapoho Rd. 510-585-6799 / 808-280-1576 Pahoa HI 96778 PO Box 800298 Papaaloa, HI, 96780 val.colter@yahoo.com gvallabhaneni@gmail.com aculliney@gmail.com Owners: Punalei Trust- Geetha Kumari Vallabhaneni & Aaron Seth Culliney x Date Feb 16,2024 x Date Feb 16, 2024 Attachments: ■ Proposed Building floor plans & elevations ■ Site plan ■ Arial view ■ Survey maps 19 z z CD w o w cn ooaaaQaQaaaaQaQaQ � ���u,�o w � z � z � o o < o 0 op - - 908 6� ��b81�s � o a w O o M [n ov z� o ~ h Ni 0 -'------ 6 s ANN VOHVIVWVW Ol0 9£L umz__ ____- r�0 e; O z HHB®®❑® HHHH H❑❑® m� 0000❑®❑ 0000 ❑HH❑ O - CD 9 CD C� -- zLi ❑ ❑ El - v n 7 7 E 0 a pp ec" +ln�F O n! 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SEPTIC TANK AND tiOQ 5� e� 15'x44'ABSORPTION BED 1AP ml «I I SEPTC SYSRM � i _ el I (In 5 beaima) �5 PARKING IVstr o00 o e snt M1ariar -- ¢w• e.nyeaas ,r<m<amo �:SI Cr ofaahIII Dl<e,t th,1BuiltltNmon Permit � _ R / O � tinol�action bYdtbe 4� h (o<vPmn9M�tlle o<wa 0- mna�rnE� I. G,`�a+r EXISTING CESSPOOL PYpfgg9jgftgl TO BE ABANDONED OP�� * En91heer I N-PLACE AND 5�X WA tl-Eo BACKFILLED o��' No.1110a—C p r 20' SIDE SETBACK W c' 236' THIS WORK HAS BEEN PREPARED BY ME OR UNDER MY SUPERVISION AND 9 RFs ry0 .s�'S p�� CONSTRUCTION OF THIS PROJECT WILL � TMK 5� BE UNDER MY OBSERVATION. 3-6-004-010 EXPIRATION DATE OF LICENSE:4/30/2024 NOTE: NOTE: DCCA: The depths to the pipe inverts of Septic Tank and Absorption Bed These contractors can install septic the septic tanks, distribution box, are to be placed not less than 5' systems-A general engineering, and absorption system are from any structure or property line C-37 plumbing, C-37A sewer& controlled by topographic features not less than 10' from any tree drainline, C-43 sewer, sewage and the invert of the building which is approximately 4" minimum disposal, drain & pipe laying. sewer which may impact the diameter. Septic system shall also Install after building permit approval. depths shown on the drawings. be located not less than 1 000'from any potable water source. SITE PLAN TMK: (3) 3-6-005-002 36-2676 OLD MAMALAHOA HIGHWAY PREPARED FOR: PUNALEI MAKAI TRUST WAIPUNALEI PREPARED BY: LENNIE OKANO-KENDRICK, PE NORTH HILO, HAWAII 3 i=ced ax,z auu� C 21 11 5 e t COVERED[ANA --------------- I COVERED $ ---'=d-------- _ '-x LANAI RE -- �—To3� a 1 _ ® o so- o aiz "/ srza°0MN LIVING BATHROOM 1 O Y ce 21-°-° ROOM ----- _ - O - °.� • - I g r-r I BEDROOM 1 �« DIKTCHEN wic C t ---------------------- -! HALL COVERED LANAI °°Q° BEDROOM 2 o °z 3 H i Y ___ 4 - o ---------_r r r P ® Yr a o euux ,= BEDROOM 3 ' we �xu; v O MUD ROOM °J UNCOVERED LEUNDgy — GARDEN � ,amEss_i GAR°u E E 5/e'mE x cre uwc 21 1 5 C PORCH Exrtmw wI °E.._"vwrl F, ---------------------- FLOOR P LAN - 1ST FLOOR TMK: (3) 3-6-005.002 36-2676 OLD MAMALAHOA HIGHWAY PREPARED FOR: PUNALEI MAKAI TRUST WAIPUNALEI PREPARED BY: LENNIE OKANO-KENDRICK, PE NORTH HILO, HAWAII 11 60'-g' E ail UNCOVERED PATIO ROOF UNE 20' HOUSE WALL ROO LINE OF 3-0 W26 �_0 W2] 6-0 011 I I 5'i9" B-0 4-0 5-0 ROOF/AT11C OF 1ST FLOOR W25 SMOKE&CARBON ^ MONO%IDE DETECTOR PER WOE BEDROOM 4 yy-CEwNG FAN 4-0 O 5-0 W24 _ WALL FOAMING AT 2ND FLOOR STEEL SND 16'oc O CLOSET 6-0 D33 n ___ LANDING DOYM 4-6 ATTIC ROOF OF IST FLOOR S-0 6CFE55_ W23 HALL " LANDING DOWN N8- WC e CLOSET ROOF OF 19T FLOOR 4' SHOWER a B T COM 3 EXHAUST023 9' FAN 3-D BEDROOM 5 D Xs-D 5-6 MONO FAN 4_6 W22 — DIO 3 5-6 ROOF LINA --------------------------------------- J FLOOR PLAN - 2ND FLOOR TMK: (3) 3-6-005:002 36-2676 OLD MAMALAHOA HIGHWAY PREPARED FOR: PUNALEI MAKAI TRUST WAIPUNALEI PREPARED BY: LENNIE OKANO-KENDRICK, PE NORTH HILO, HAWAII 12 JOSH GREEN, M.D. f KENNETH S. FINK, M.D,MGA, MPH .........9 GOVERNOR OF HAWAII rysv"'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 HI LO, HAWAII 96721-0916 Planning C1nnIF1g DBpi. Exhibit MEMORANDUM DATE: March 14, 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-2024-000054) Special Management Area Use Permit No. PL-SMA-2023-000026 Applicant: Punalei Makai Living Trust Request: Amendment to SMA Use Permit No. PL-SMA-2023-000026 to Increase the Size of the Single-Family Residence to Change the Bedroom Count from Four(4) to Five (5), Change the Style of the Roof, and Construct a Five (5)Foot High Rock Wall, and Two (2) Gates. Tax Mab Key: (3) 3-6-005:002,Waipunalei Homesteads, N. Hilo, 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: h=s://health.hawaii.szov/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. Zendo Kern March 14, 2024 Page 2 of 4 Clean Air Branch 1. 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 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: hllps:Hhealth.hawaii.gov/e/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: hLtps://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 hlt2s:Hhealth.hawaii.gov/irhb/asbestos/. Zendo Kern March 14, 2024 Page 3 of 4 Safe Drinking Water Branch 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: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://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: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwb(c�r�,doh.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 Zendo Kern March 14, 2024 Page 4 of 4 to demolition. 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. Mitchell D. Roth ',��^' Ramzi I. Mansour Mayor ;k Director Deanna S. Sako �` �;;�` Brenda Iokepa-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 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Direct6 Department of Environmental Management DATE: April 3, 2024 SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000054) Special Management Area Use Permit No. PL-SMA-2023-000026 Applicant: Punalei Makai Living Trust Request: Amendment to SMA Use Permit No. PL-SMA-2023-000026 to Increase the Size of the Single-Family Residence to Change the Bedroom Count from Four (4) to Five(5), Change the Style of the Roof, and Construct a Five (5) Foot High Rock Wall, and Two (2) Gates Tax Map Key: (3) 3-6-005:002, Waipunalei Homesteads,N. Hilo, Hawaii The Solid Waste Division has reviewed the subject application and provides the following comments (Contact the Solid Waste Division for details). • Based on theirrepresentation("The Applicant is responsible for hauling all generated trash to any available County Transfer Station, The Applicant that construction waste is not to be disposed of at any County Transfer Station), no comments. 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 __ 3 County of Hawai'i is an Equal Opportunity Provider and Employer DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: April 10, 2024 Iffeft&WW4-*W TO: Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Management Area Use Permit Application (PL-SMA-2024-000054) Special Management Area Use Permit No. PL-SMA-2023-000026 Applicant: Punalei Makai Living Trust Request: Amendment to SMA Use Permit No. PL-SMA-2023-000026 to Increase the Size of the Single-Family Residence to Change the Bedroom Count from Four (4) to Five (5), Change the Style of the Roof, and Construct a Five (5) Foot High Rock Wall, and Two (2) Gates Tax Map Key: 3-6-005:002, We have reviewed the subject request and provide the same comments as our March 28, 2023 memo for PL-SMA-2023-000026: 1. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code (HCC). 3. Construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dep;. Exhibit 4 County of Hawaii is an Equal Opportunity Provider and Employer �P ;95g"°� STATE OF HAWAII JOSH GRGOOVERNO. : �. OFFICE OF PLANNING SY""A""` LT.GOVERNOR a � & SUSTAINABLE DEVELOPMENT MARYA"CoRE�oR o % 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 DTS202403141455NA Management Program April 11, 2024 Environmental Review Program Mr, Zendo Kern, Director Department of Planning Land Use Commission County Of Hawaii East Hawaii Office Land Use Division 101 Pauahi Street, Suite 3 Special Plans Branch Hilo, Hawaii 96720 State Transit-Oriented Development �' Alex Roy Statewide Geographic Dear Mr. Kern: Information System Statewide Subject: Special Management Area Use Permit Application(PL-SMA-2024- Sustainability Branch 000054) to Amend Special Management Area Use Permit No. PL-SMA- 2023-000026 to Increase the Size of the Single-Family Residence to Change the Bedroom Count from Four to Five, Change the Style of the Roof, and Construct a 5-Foot High Rock Wall, and Two Gates,North Hilo, Hawaii; Tax Map Key: (3) 3-6-005: 002 Thank you for the opportunity to provide comments on the Special Management Area(SMA) Use Permit Application (PL-SMA-2024-000054), transmitted via memorandum dated March 13, 2024, to amend SMA Use Permit No. PL-2023-000026, to increase the size of the single-family residence, change the style of the roof and construct a rock wall at Waipunalei Homesteads, North Hilo, Hawaii. According to the subject SMA Use Permit Application, the proposed new residence will increase interior size from the original proposal of 3,788 square feet to 4,420 square feet, and accessory size from 2,593 square feet to 2,942 square feet. Except for the change in bedroom count from four to five, the residence remains two stories with three and half baths. Height remains at approximately 28 feet and will not exceed a maximum of 35 feet. In an area with high cliffs or pah, the property is located outside of flood zone and the 3.2-foot sea level rise exposure area. Construction remains generally the same, built on concrete slab with concrete exterior walls at main floor, steel interior and second floor wall framing. The roof has been redesigned as a hip roof, and roof construction will be wood Planning Dept. Exhibit 5 Mr. Zendo Kern April 11, 2024 Page 2 framing with metal roofing. No change to location, and the proposed residence development will be set back by a minimum of 120 feet from the shoreline. There is no change to the now permitted detached garage and detached bedroom. A septic system for the residence will be installed. The proposed 5-foot-high rock wall will be built slightly inside the property line along street. Site specific best management practices will be developed and implemented to mitigate potential impacts from construction of the proposed residence development. The estimated cost of the proposed project has changed from $950,000 to $1,079,000. 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 subject SMA Use Permit Application on age 2 states that excavating and compacting activities are anticipated with approximately 50,000 square feet to be impacted by grading, excavating, fill and compacting activities for the total project including septic systems and driveways. Up to 4000 cubic yards of material may be brought in. The OPSD recommends that the applicant contact the State of Hawaii Department of Health, Clean Water Branch, to confirm whether a National Pollutant Discharge Elimination System (NPDES)Permit is required for construction storm water coverage if the proposed activities disturb one acre or more of total land areas. 2. In enacting Act 224, Session Laws of Hawaii 2005, the legislature found that light pollution in Hawaii's coastal areas and artificial lighting illuminating the shoreline and ocean waters can be disruptive to avian and marine life. All exterior lighting and lamp posts associated with the proposed residential development shall be cut-off luminaries to provide the necessary shielding to mitigate potential light pollution in the coastal areas, and lessen possible seabird strikes. No artificial light, except as provided in 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. If you respond to this comment letter,please include DTS2024003141455NA 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, MnA�kU_ Mary Alice Evans Director