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Home My WebLink AboutAgency Review Comments Combined UPDATED 03.21.2018Harry Kim Mayor County of Hawaf i POLICE DEPARTMENT 349 Kapi'olam Street • Hilo, Hawai'i 96720-3998 (808) 935-3311 Fax(808)961-2389 April 17, 2017 TO :MIC j E DIRECTOR, PLANNING DEPARTMENT �/ L_ _ FROM P UL K. FERREIRA, POLICE CHIEF SUBJECT: REVIEW OF THE HAMAKUA COMMUNITY DEVELOPMENT (CDP) Paul K. FeeieLra Police Chief :'. Our staff has reviewed the Hamakua CDP and noted Policy 97 which references consideration in expanding the North Hilo District to include parts of rural South Hilo (Honomu and Pepe'ekeo) to increase response times in these rural areas. Our department reserves the right to make the final decision on such matters based on our operational requirements and requests involvement in any discussions regarding our district boundaries. Community concerns regarding response time may be directed to our South Hilo District Commander. If you have any questions, please contact Major Randy Apele, Area I Operations, at 961-2341 or via e-mail at Randy.Apele(a7hawaiicounty.gov. ABAli/170267 "Hawai'i County is an Equal Opportunity Provider and Employer" I I 1 Cal Kenneth Bugadb Jr. Deputy Police Chief e ,v 'Al 07 C co r=, o PLAN Our staff has reviewed the Hamakua CDP and noted Policy 97 which references consideration in expanding the North Hilo District to include parts of rural South Hilo (Honomu and Pepe'ekeo) to increase response times in these rural areas. Our department reserves the right to make the final decision on such matters based on our operational requirements and requests involvement in any discussions regarding our district boundaries. Community concerns regarding response time may be directed to our South Hilo District Commander. If you have any questions, please contact Major Randy Apele, Area I Operations, at 961-2341 or via e-mail at Randy.Apele(a7hawaiicounty.gov. ABAli/170267 "Hawai'i County is an Equal Opportunity Provider and Employer" I I 1 Cal Harry Kim Mayor April 24, 2017 RPR ?7 F, N 4 ENT l-, iJ I�`l Fr V( I li rti 4r �flil County of Hawaii DEPARTMENT OF RESEARCH AND DEVELOPMENT 25 Aupuni Street, Room 1301 • Hilo, Hawaii 96720-4252 (808) 961-8366 • Fax (808) 935-1205 E-mail: chresdev@hawaiicounty.gov TO: Michael Yee, Director Planning Department County of Hawaii FROM: Diane Ley, Director Department of Research & Development RE: Review of the Hamakua Community Development Plan Diane L. Ley Director Ron Whitmore-, Deputy Director E: Thank you for providing the Department of Research and Development with an opportunity to provide comments on the Hamakua Community Development Plan (CDP). The Department has conducted a brief review and is pleased to note the detail in which the community has identified policies and actions that will support its vision for the future. The Department did not find any policies in the CDP that would conflict with existing County plans to support agriculture, energy or tourism, and since the Department does not have authority to enforce statutes or codes there are no known related conflicts. Assuming the Hamakua CDP is adopted as ordinance, the Department looks forward to actively working with other County departments, as well as State and Federal entities and the communities and businesses of the Hamakua district, to pursue appropriate initiatives that will lead to the implementation of the plan. Again, thank you for the opportunity to provide comments. 111238 Hawaii County is an Equal Opportunity Provider and Employer Dear Mr. Yee: Thank you for the opportunity to provide comments on the Hamakua Community Development Plan (CDP). The request for comments was transmitted to our office by letter dated March 15, 2017. The County's CDP program creates a framework for regional planning that provides residents and other stakeholders the opportunity to actively participate in planning for their communities. The Hamakua CDP planning area includes the Judicial Districts of Hamakua and North Hilo, and parts of South Hilo, with the southern planning area edge bordering Kaiwiki and Hau Street. The planning area includes the towns of Kukuihaele, Honokaa, Paauilo, Ookala, Laupahoepahoe, Papaaloa, Ninole, Hakalaui/Wailea, Honomu, Pepeekeo, Papaikou, Paukaa, and all of the agricultural and conservation lands in between. In 2016, the Steering Committee for the Hamakua CDP formally recommended the Hamakua CDP for adoption. Following agency review, the CDP will go to the Windward Planning Commission for review and recommendations. The County Council will then consider the CDP for adoption by ordinance. The Department of Business, Economic Development and Tourism (DBEDT) offers the following comments on the Hamakua CDP. Priority Guidelines on Climate Change Adaptation. 'HRS § 226-109 addresses climate change adaptation priority guidelines. HRS § 226-109 should be acknowledged, integrated and referenced in the policies developed in Section 4, Protect and Enhance Natural and Cultural Resources; and in Section 5, Strengthen Infrastructure, Facilities, and Services. Specifically, HRS § 226-109 should be referenced in Section 4.2.3, Land Use Policy, Policy 18, on page 53, with ..� 07 'C •� q if- ig S.9 ..,—<..... ...� ..-•• - GCIVERNOR }•k ;;jj�1 { �`!'LUiSP:SALAVETOR � C C C �` DEPARTMENT OF B INE DIRECTOR J JJ -• , , . -._ •---MA{2Y ACICt tVANS ECONOMIC DEVELOPMENT & TOUDIRECTOR �4 No. 1 Capitol District Building, 250 South Hotel Street, 5th Floor, Honolulu, Hawaii 96813 Telephone -;-(808) 586-2355 i.•w. L13.,w+-.w'+..rr-----w.� L'A�►_. y •''••N..1. .• p' Mailing Address. P.O. Box 2359, Honolulu, Hawaii 96804 �o•ttta•pCp .a�. .a, '•Fax:•'= '' .,(808J 586-2377 Web site dbedt hawail gov _ �_-,•,,., .,... __._,_._ • • •• • _t �� w�._..,,,,,,,•....�. Y4....•r',;, ' .. i.f+T'..:,' Ref. No. P-15564 April 17, 2017 e:�z-� -_... :�: •�.} C Y Mr. Michael Yee, Director .........moi- � -� " -'� " ; . -. --•- • �.., r._.r..� Planning Department County of Hawaii 101 Pauahi Street, Suite 3 -: cJ = Hilo, Hawaii 96720 ''z cin --t Subject: Review of the Hamakua Community Development Plan (CDP) Dear Mr. Yee: Thank you for the opportunity to provide comments on the Hamakua Community Development Plan (CDP). The request for comments was transmitted to our office by letter dated March 15, 2017. The County's CDP program creates a framework for regional planning that provides residents and other stakeholders the opportunity to actively participate in planning for their communities. The Hamakua CDP planning area includes the Judicial Districts of Hamakua and North Hilo, and parts of South Hilo, with the southern planning area edge bordering Kaiwiki and Hau Street. The planning area includes the towns of Kukuihaele, Honokaa, Paauilo, Ookala, Laupahoepahoe, Papaaloa, Ninole, Hakalaui/Wailea, Honomu, Pepeekeo, Papaikou, Paukaa, and all of the agricultural and conservation lands in between. In 2016, the Steering Committee for the Hamakua CDP formally recommended the Hamakua CDP for adoption. Following agency review, the CDP will go to the Windward Planning Commission for review and recommendations. The County Council will then consider the CDP for adoption by ordinance. The Department of Business, Economic Development and Tourism (DBEDT) offers the following comments on the Hamakua CDP. Priority Guidelines on Climate Change Adaptation. 'HRS § 226-109 addresses climate change adaptation priority guidelines. HRS § 226-109 should be acknowledged, integrated and referenced in the policies developed in Section 4, Protect and Enhance Natural and Cultural Resources; and in Section 5, Strengthen Infrastructure, Facilities, and Services. Specifically, HRS § 226-109 should be referenced in Section 4.2.3, Land Use Policy, Policy 18, on page 53, with ..� 07 Mr. Michael Yee, Director Hawaii County Planning Department Review of the Hamakua Community Development Plan (CDP) April 17, 2017 Page 2 reference to an "assessment of impacts on hazard risk including flooding, tsunami, and coastal erosion and/or sea level rise over the life of the development." Priority guidelines to prepare the State to address the impacts of climate change, including impacts to the areas of agriculture; conservation lands; coastal and nearshore marine areas; natural and cultural resources; education; energy; higher education; health; historic preservation; water resources; the built environment, such as housing, recreation, transportation; and the economy should be included in the Hamakua CDP. 2. Priority Guidelines on Sustainability. The CDP does not expressly acknowledge HRS § 226-108, Priority Guidelines on Sustainability. The Priority Guidelines should be referenced as they are currently embedded throughout Sections 3,4,5 and 6 of the Hamakua CDP. With regard to addressing priority guidelines on sustainability, the CDP should also consider including policies that encourage the use of green building rating systems (such as LEED, the Living Building Challenge, Green Globes, Energy Star) or sustainable neighborhood rating systems for new neighborhood development, including but not limited to nationally recognized rating systems such as Leadership in Energy and Environmental Design for Neighborhood Development (LEED-ND), Ecodistricts, Green Enterprise Communities or another comparable State -approved, nationally recognized, and consensus -based guideline, standard, or system. Priority Guidelines on Affordable Housing. HRS § 226-19 discusses State objectives and policies for socio -cultural advancement with respect to housing. HRS § 226-106 also addresses priority guidelines for the provision of affordable housing. To ensure alignment with State priority guidelines on affordable housing, Section 5.2, Expanding Affordable Housing Options, Policy 64, on page 76, should incorporate relevant State guidelines and reference both HRS § 226-19 and HRS § 226-106. 4. Transit -Oriented Development (TOD). Under HRS § 226-63 (c)(1) the Office of Planning (OP) within DBEDT is responsible for coordinating with the counties on strategic planning for TOD. The Hamakua CDP should address how it supports TOD or Transit -Ready Development (TRD), including policies that encourage mixed-use development and walkable density within one-half mile of transit stops. TOD or TRD zones should be identified on the HCDP Land Use Guide Maps on pages 39 to 49, or in a separate map series illustrating proposed TOD or TRD areas. OP encourages the development of mixed-use projects for new and infill development located in transit corridors in the State Urban District. Mr. Michael Yee, Director Hawaii County Planning Department Review of the Hamakua Community Development Plan (CDP) April 17, 2017 Page 3 5. Complete Streets. Section 5.3 of the Hamakua CDP (pages 73 to 80) should reference the relevant State and County Complete Streets policies, pursuant to Act 54, Session Laws of Hawaii 2009 and HRS § 264-20.5. The CDP should elaborate on the policies related to Complete Streets, including the key State Complete Streets principles: safety, Context Sensitive Solutions (CSS), accessibility and mobility for all, use and comfort of all users, consistency of design guidelines and standards, energy efficiency, health, and green infrastructure. 6. Coastal Zone Management (CZM). Coastal Zone Management and Special Management Areas (SMA) are addressed in Chapter 205A, HRS, the CZM Act. a. Section 3.1.4, Land Use Policy, Policy 2, on page 35, of the Hamakua CDP states that new urban development shall be located away from coastal areas and the Special Management Area (SMA). The Hamakua CDP should define the term "coastal area." The coastal area can be much larger in size than the SMA, and may encompass offshore and land area. The Hamakua CDP should also provide a rationale on locating urban development away from the SMA, and list the expected advantages that may ensue from this new policy. Section 4.2.4, County Action, Policy 22, page 54-55, considers amending SMA rules to protect coastal resources. On page 55, the analysis recommends SMA boundary amendments to further protect known resources. The Hamakua CDP should provide site specific justifications for SMA boundary amendments. b. Section 4.2.3, Land Use Policy, Policy 18, on page 53, seeks to limit coastal development to achieve Coastal Zone Management and CDP objectives and policies. The use of the term "limit coastal development" is vague and too broad. We recommend a more "refined definition of this term that could include the following: "Place special controls on development within an area along the shoreline." c. Section 4.2.3, Land Use Policy, Policy 18, page 53, contains an incorrect citation. The Policy states that "An assessment of impacts on coastal scenic and open space resources and view planes, including those outlined in the General Plan, the Community Development Plan, and other adopted plans, as well as the line of sight toward the sea from the state highway nearest the coast and along the shoreline. HRS § 205A -26(3)(E) should be listed as HRS § 205A -26(3)(D). Mr. Michael Yee, Director Hawaii County Planning Department Review of the Hamakua Community Development Plan (CDP) April 17, 2017 Page 4 7. CZM, Objectives and Policies. CZM Objectives and Policies for Coastal Zone Management are defined in HRS § 205A-2. a. HRS § 205A-2(2) discusses the protection, preservation, and, where desirable, restoration of those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. Section 3.1.3, Existing Policy, Preservation of Natural/Cultural Resources, on page 34, should reference HRS § 205A-2(2). b. HRS § 205A-2(3) addresses Scenic and Open Space Resources, by protecting, preserving, and, where desirable, restoring or improving the quality of coastal scenic and open space resources. Section 3.1.5, County Action, Policy 14, on page 38, promotes open space buffers. HRS § 205A-2(3) should be referenced in this policy. Section 4.5, Preserve Scenic Areas and Viewsheds, on pages 59-62, is also consistent with HRS § 205A-2(3), and the statute should be referenced as well. c. HRS § 205A-2(4) addresses the protection valuable coastal ecosystems, including reefs, from disruption and minimizing adverse impacts on all coastal ecosystems. Section 4.6, Protect and Enhance ecosystems and Watershed, on pages 62-64, is also consistent with HRS § 205A-2(4) and should also be referenced. Thank you for providing us with the opportunity to comment. Should you have any questions, please call Nicola Szibbo of OP's Land Use Division at (808)587-2883 or Josh Hekekia of OP's CZM program at (808)587-2845. Sincerely, q\N,014- Luis P. Salaveria Domian, Jesse % From: Morikawa, Lydia M <Iydia.m.morikawa@hawaii.gov>.---,--' Sent: Thursday, April 20, 2017 9:04 AM To: Planning Internet Mail Subject: Review of the Hamakua Community Development Plan.'(CD-P) Attachments: Hamakua Community Development Plan 04.20.17.pdf Good morning, Mr. Yee; I Attached for your review are comments for the subject project. > 0 Mahalo, _0 CD Lydia M. Morikawa DLNR — Land Division 1151 Punchbowl Street; Rm. 220 Honolulu, Hawaii 96813 Phone: (808) 587-0410 'v Fax: (808) 312-6357 I DAVID Y. ICE •cM;..•»••»••:.;•r fy GOVERNOR OF HAWAII •�P n 1959, 9� ot�ynd and,ya� i �c O � 8.8.8.•U9.1?GW�` STATE OF fIAWAH S�tleofHa+f°�t DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOT.INAL HAWAII 96809 April 20, 2017 County of Hawaii Planning Department Attention: Mr. Michael Yee, Director 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yee: SUZANNE D. CASE CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES CO\ITIISSION ON WATER RESOURCE ALANAGEATENT via email: planningAhawaiicounty.gov SUBJECT: Review of the Hamakua Community Development Plan (CDP) Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, the DLNR has no comments to offer on the subject matter. If you have any questions, please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, Russell Y. Tsuji Land Administrator cc: Central Files Domian, Jesse 2017 oft From: 5 Morikawa, Lydia M <ov> To: @lydia.m.morikawa hawaii. Monday, April 24, 2017 1:55 PM g i` -NT Sent: �wUi'i;'r' U;= 1;t;11�.;11i Planning Internet Mail Subject: Attachments: Review of the Hamakua Community Development Plan (CDP) Hamakua Community Development Plan 04.24.17.pdf Aloha Mr. Yee, Attached for your review are additional comments for the subject project. Mahalo, - Lydia M. Morikawa DLNR — Land Division 1151 Punchbowl Street; Rm. 220 Honolulu, Hawaii 96813 Phone: (808) 587-0410 Fax: (808) 312-6357 DAVID Y.IGE �� OF j, GOVERNOR OF HAWAII 6 Pf y'1959. 4 E�ynd and,yd ♦v 1 i {. .+ O STATE OF HAWAII S�teolHalf°� DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU. HAWAII 96809 April 24, 2017 SUZANNE D. CASE CHAIRPERSON BOARD OF L AND AND NATURAL RESOURCES C05IDIISSION ON NATER RESOURCE MANAGEMENT County of Hawaii Planning Department Attention: Mr. Michael Yee, Director via email: planninaCa�hawaiicounty Do 101 Pauahi Street, Suite 3 v Hilo, Hawaii 96720 Dear Mr. Yee: SUBJECT: Review of the Hamakua Community Development Plan (CDP) Thank you for the Opportunity to review and comment on the subject matter. In addition to the comments previously sent you on April 20, 2017, enclosed are comments from the (a) Engineering Division and (b) Division of Forestry & Wildlife (2) on the subject matter. Should you have any questions, please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosure(s) cc: Central Files DAVID Y. IGE GOVERNOR OFHANAI( ofynd and t, v D r�ateofHavtd� FR01V1: fe - SUBJECT: LOCATION: APPLICANT: 31 F N Cj I 2`3rkrjI►'1wEPIFIu STATE OF HAWAII DEPARTMENT Or LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOi I JU L HAWAII 96809 March 30, 2017 MEMORANDUM DLNR Agencies: X Div. of Aquatic Resources _Div. of Boating & Ocean Recreation -LEngineering Division X Div. of Forestry & Wildlife _Div. of State Parks X Commission on Water Resource Management X Office of Conservation & Coastal Lands X Land Division — Hawaii District X Historic Preservation SUZANNE D. CASE CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMUSSION ON }VATER RESOURCE nL KAGEATENT n _o Rus cl . Tsui, Land Administrat6 _1__ Review of the Hamakua Community Development Plan (CDP) Hamakua, N. Hilo & Parts of S. Hilo; Island of Hawaii; TMK: (3) various County of Hawaii, Hamakua Community Development Plan Transmitted for your review and comment is information on the above -referenced project. We would appreciate your comments on this project. Please submit any comments by April 19, 2017. The CDP can be found on -Zine at: http://www.haivaiicountycdp info/hamakua- cdp/recommended-cdp- anuary-2017 If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. (X) Comments e attaacl[ed. Signed: 'J Print Name: Date: _ ] / near - cc: Central Files ` DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Review of the Hamakua Community Development Plan (CDP) COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a designated Flood Hazard. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map (FIRM), which can be accessed through the Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT). Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253. o Kauai: County of Kauai, Department of Public Works (808) 241-4846. Signed: Date: Morikawa, Lydia M From: MyersTremblay, Dietra Sent: Friday, April 21, 201710:37 AM To: Morikawa, Lydia M Cc: Sprecher, Irene M; Hauff, Robert D; Cogswell, James M Subject: DOFAW (Wildfire) Comments on the Hamakua Community Development !pn Hi Lydia, _. Per our discussion today, you will submit my comments below through Land Division. C') ��' 7 . - C7 f ►' submitting comments. She may either submit Irene Spmdher is als�lann n comments below. comments to you or submit them directly to Hain- RoOty. hank P� ;.,.__ Pursuant to the Land Fire Protection Law, Chapter 185, Hawaii Revised Statutes, the Department of Land and Natural Resources is mandated to take measures for the prevention, control and extinguishment of wildland fires on Division of Forestry and Wildlife (DOFAW) managed lands and is also required to cooperate with established fire control agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for assistance for the prevention, control, and extinguishment of wildland fires on lands not managed by DOFAW. The Hamakua Planning Area includes several Communities at Risk (CAR) from Wildfires (see CAR map: htt www.hawaiiwildfire ore/fire-resource library )loe/communities at risk state map), including at least one CAR that is High Risk. Additionally, wildfire hazard assessments for this area ranks some communities in this area as High or Extreme Hazard dependent on the rating element used (see community hazard assessments for County of Hawaii - North: https://staticl sguarespace.com/static15254fbe2e4b04bbc53b57821/t/54ff73dee4b07ef14e0103c811426027486997/C ounty+of+Hawaii+%28North%29+Community+Hazard+Assessment+Maps compressed pdf). Although this plan mentions that natural disasters, include wildfires are a consistent threat, it fails to specify wildfire risk reduction approaches such as: I Voluntary or nonregulatory mitigation measures and tools, including establishing Community Wildfire Protection Plans (CWPPs) for this area and working towards gaining Firewise recognition for communities in this area. In order for communities to be eligible for funds available through the Wildland Urban Interface (WUI) Grant Program, the area must have an approved CWPP. U.S. Forest Service funds to reduce communities' risk from wildland fire within the WUI are available through the WUI Grant Program and are awarded annually through a competitive process with emphasis on: 1) Hazardous fuel reduction in the WUI; 2) Information and education; and 3) Planning. 2) Involuntary or regulatory mitigation measures, including land use laws, subdivision design regulations, home ignition zone ordinances, and WUI Fire codes. These planning and regulatory tools can be used to provide better wildfire protection for new residential development. Land use planners and policymakers as well as community members who determine where and how growth occurs play an important role in safeguarding Hawaii's emerging communities from wildfires. Although this plan addresses land use and community infrastructure goals by concentrating future developments in the existing towns, villages, and subdivisions, it fails to specify that reducing urban sprawl can curb future growth from occurring in areas that are at higher -risk of wildfires. Risk reduction for new communities can be achieved by forming a wildfire planning policy that aligns land use and planning decisions with safe growth. However, the State of Hawaii does not have a wildfire planning policy that addresses growth management in respect to wildfire risk. This is an opportunity for Hamakua to use land use and settlement patterns as a wildfire risk reduction approach and advocate for safe growth. This plan addresses the protection of watersheds, native wildlife, and natural ecosystems. Wildfires in Hawaii are a threat to these types of natural resources Mauka to Makai. Over 98% of wildfires in Hawaii are human - caused. Furthermore, the percentage of land area burned annually in Hawaii exceeds the national average, and some years surpasses the 12 most fire -prone western states. Human -caused wildfires that occur in the WUI, especially in residential areas near native ecosystems and forested watersheds, concern natural resource managers. Human -caused wildfires that started near communities, but then spread toward and burned valuable conservation areas have occurred in Hawaii. This plan does not specify actions at the county level that would ensure development uses, including land use and settlement patterns, are compatible with reducing wildfire risk to Hamakua's conservation areas, including watersheds, native wildlife, and natural ecosystems. Lastly, in regards to Kokua Action 42 under 3.11 Land and Natural Resources in the Guidance to Agencies document, DOFAW is involved with several wildfire risk reduction efforts in collaboration with partners. This Kokua Action only addresses response. However, minimizing impacts to cultural and natural resources can also be achieved by implementing risk reduction programs, including prevention and mitigation measures. Dietra A. Myers Tremblay Acting Fire Protection Forester State of Hawaii Department of Land and Natural Resources Division of Forestry and Wildlife 1151 Punchbowl St. Rm 325 Honolulu, HI 96813 Phone (808) 587-4186 Cell (808) 347-6740 Fax (808) 587-0160 DAVID Y. IGE GOVERNOR OF HAWAII 00-d 21dN,-a� O '�teofHa'+F'� STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF FORESTRY AND WILDLIFE 1151 PUNCHBOWL STREET, ROOM 325 HONOLULU, HAWAII 96813 April 21, 2017 County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 SUBJECT: Comments for the Hamakua Community Development Plan (CDP) SUZANNE D. CASE CHAIRPERSON BOARD OF (AND AND NATURAL RESOURCES CONAGSSKON ON WATER RESOURCE MANAGEMENT KEKOA KALURAVA FWT DEPUTY JEFFREY T. PEARSON, P.E. DEPUTY DIRECTOR. WATER AQUATIC RESOURCES BOATDRI AND OCEAN RECREATION DUREAUOFCONVEYANCES COMML%IONON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERMIG FORESTRY AND WILDLIFE HISTORIC PRESERVATWN KAH9OLAW E ISLAND �F��evE C4�D.GS51ox STATE PAPS —rl N CD Thank you for the opportunity to provide comments on the Hamakua Community Development Plan (CDP). The Division of Forestry and Wildlife has the following comments for your consideration and incorporation as appropriate. The U.S. Forest Service's Institute for Pacific Island Forestry, in partnership with the Division of Forestry and Wildlife (DOFAW), has an established research forest within the Hdrn ua community. The Hawaii Experimental Tropical Forest (bttp://www.hetfus/page/home/�) was established in 2007 and includes portions of the Hilo Forest Reserve and Laupahoehoe Natural Area Reserve. The management of this forest supports research from a variety of educational institutes and agencies all focused on understanding Hawaii's tropical forests. The Division recommends the inclusion of this significant resource into the CDP and the development of corresponding policy and/or k6kua actions. Pursuant to the Land Fire Protection Law, Chapter 185, Hawaii Revised Statutes, the Department of Land and Natural Resources is mandated to take measures for the prevention, control and extinguishment of wildland fires on Division of Forestry and Wildlife (DOFAW) managed lands and is also required to cooperate with established fire control agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for assistance for the prevention, control, and extinguishment of wildland fires on lands not managed by DOFAW. The Hamakua Planning Area includes several Communities at Risk (CAR) from Wildfires (see CAR map: http•//www hawaiiwildfire ore/fire-resource-library-blog communities -at -risk -state - man), including at least one CAR that is High Risk. Additionally, wildfire hazard assessments for this area ranks some communities in this area as High or Extreme Hazard dependent on the rating element used (see community hazard assessments for County of Hawaii - North: https:Hstaticl squarespace com/static/5254fbe2e4bO4bbc53b57821/t/54ff73dee4bO7efi4eOl03c8 /1426027486997/Caunty+of+Hawaii+D/D28North%29+Community+Hazard+Assessment+MVS.c omnressed.pdfl. DLNR DOFAW Hamakua Community Development Plan Although this plan mentions that natural disasters, include wildfires are a consistent threat, it fails to specify wildfire risk reduction approaches such as: 1) Voluntary or non -regulatory mitigation measures and tools, including establishing Community Wildfire Protection Plans (CWPPs) forthisarea and working towards gaining Firewise recognition for communities in this area. In order for communities to be eligible for funds available through the Wildland Urban Interface (WUI) Grant Program, the area must have an approved CWPP. U.S. Forest Service funds to reduce communities' risk from wildland fire within the WUI are available through the WUI Grant Program and are awarded annually through a competitive process with emphasis on: 1) Hazardous fuel reduction in the WUI; 2) Information and education; and 3) Planning. 2) Involuntary or regulatory mitigation measures, including land use laws, subdivision design regulations, home ignition zone ordinances, and WUI Fire codes. These planning and regulatory tools can be used to provide better wildfire protection for new residential development. Land use planners and policymakers as well as community members who deteniiine where and how growth occurs play an important role in safeguarding Hawaii's emerging communities from wildfires. Although this plan addresses land use and community infrastructure goals by concentrating future developments in the existing towns, villages, and subdivisions, it fails to specify that reducing urban sprawl can curb future growth from occurring in areas that are at higher -risk of wildfires. Risk reduction for new communities can be achieved by forming a wildfire planning policy that aligns land use and planning decisions with safe growth. However, the State of Hawaii does not have a wildfire planning policy that addresses growth management in respect to wildfire risk. This is an opportunity for Hamakua to use land use and settlement patterns as a wildfire risk reduction approach and advocate for safe growth. This plan also addresses the protection of watersheds, native wildlife, and natural ecosystems. Wildfires in Hawaii are a threat to these types of natural resources Mauka to Makai. Over 98% of wildfires in Hawaii are human -caused. Furthermore, the percentage of land area burned annually in Hawaii exceeds the national average, and some years surpasses the 12 most fire - prone western states. Human -caused wildfires that occur in the WUI, especially in residential areas near native ecosystems and forested watersheds, concern natural resource managers. Human -caused wildfires that started near communities, but then spread toward and burned valuable conservation areas have occurred in Hawaii. This plan does not specify actions at the county level that would ensure development uses, including land use and settlement patterns, are compatible with reducing wildfire risk to Hamakua's conservation areas, including watersheds, native wildlife, and natural ecosystems. Comments generated from the Agency Guide of the CDP: Policy 43: We respectively request the inclusion of DOFAW as part of the watershed management goals and planning for collaboration. The Division is a major partner with the Mauna Kea Watershed Alliance, and manages significant forested watershed lands within the Hamakua District that would benefit from additional collaboration with the county and community. DLNR DOFAW Hamakua Community Development Plan Policy 44:-DOFAW strongly supports the encouragement of native and noninvasive planting alternatives for landscaping and restoration projects; however, we recommend utilizing the Hawaii -Pacific Weed Risk Assessment (HPWRA) available through Plant Pono (http://planipono.orgt) instead of Hawaii Administrative Rule 4-68. The HPWRA and Plant Pono was developed in partnership with DOFAW, Coordinating Group of Alien Pest Species, University of Hawaii, and the Urban and Community Forestry Council to quickly identify plants that are invasive or have a high likelihood of becoming invasive. The website is a more comprehensive list of invasive plants as well as provides numerous plant alternatives. Policy 49: DOFAW recommends expanding this policy to require persons requesting subdivision of their lands to provide vehicular and/or pedestrian public access easements to forest reserves, natural areas, shoreline, historic sites, and other public resources. The county's support with identification of paper and homestead roads that can provide this access, as well as the development of access routes, through acquisition as necessary, would assist with meeting the County's, community's, and Division's access priorities. Policy 56: DOFAW recommends that a feasibility study include access to the Hamakua Forest Reserve (Kea`a and Hanapai sections) along the scenic route. Policy 60: Waimanu Valley camping, Muliwai Trail and Kohala Forest Reserve information should be integrated with the support facilities for Waipio Lookout and the Heritage Corridor route. Policy 74: The planning and implementation of a Complete Streets Program would benefit from additional consideration for supporting green infrastructure that can enhance roadway, sidewalk, and bike path designs. Trees are an important component to a complete street; enhancing people's enjoyment of the area as well providing numerous economic and ecological benefits. Often times, the green infrastructure components are not included in the initial planning phase and design plans, which results in less than ideal conditions for growing and maintaining trees. Sufficient planting and growing spaces should be factored into early designs, as well as the utilization of native or non-invasive trees and plants. Policy 92: Waimanu Valley hikers and campers should be included in evacuation planning for this area. Further, the Division recommends seeking consultation and collaboration with the County Arborist Committee, or local arborists, to identify management needs for priority emergency routes, develop response plans for tree maintenance following disaster events, and support of educational material for residents on tree care that will improve their resiliency (also in support of Kokua Action 42). Policy 103: DOFAW recommends the incorporation of a recreation priority for the location, possibly including development and management of a firearm or archery target range. Kokua Action 19: The U.S. Forest Service should be included in the list of federal agencies that need sufficient funding to implement critical programs, in particular with their work at the 3 DLNR DOFAW Hamakua Community Development Plan Laupahoehoe section of the Hawaii Experimental Tropical Forest and support of Rapid `Ohi`a Death research. Kokua Action 31: The Bureau of Land and Natural Resources should be changed to the State of Hawaii Department of Land and Natural Resources within the table of contents and moved under the State Agencies section. Kokua Action 34: DOFAW recommends revising this action to the following: "Review possible inclusion of mamane-naio forest site from Mauna Kea Forest Reserve into the Natural Area Reserve System, including benefits to the natural resources as well as any impacts to community use and access to the area. Kokua Action 42: DOFAW is involved with several wildfire risk reduction efforts in collaboration with partners. This Kokua Action only addresses response; however, minimizing impacts to cultural and natural resources can also be achieved by implementing risk reduction programs, including prevention and mitigation measures. Thank you again for the opportunity to provide comments on the Hamakua Community Development Plan. Should you require additional information from DOFAW, please contact Irene Sprecher at (808) 587-4167 or by email at irene.m..sprecher ,hawaii.gov. Mahalo S' c re , OM DAVID G. SMITH Administrator 4 DAVID Y. IGE Governor SHAN S. TSUTSUI Lt. Governor Mr. Michael Yee, Director Planning Department County of Hawaii East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Mr. Yee: 1428 South King Street Honolulu, Hawaii 96814-2512 Phone: (808) 973-9600 FAX: (808) 973-9613 April 21, 2017 Subject: Review of the Draft Hamakua Community Development Plan The Hawaii Department of Agriculture (HDOA) has reviewed the Draft Hamakua Community Development Plan (Hamakua CDP) and offers the following comments. Important Agricultural Lands (IAL) designation within the Hamakua CDP The Hamakua CDP's Revised Land Use Guide Maps have "Important Ag. Lands" as a land designation (Section 3.1.7, figures 2-13). According to the accompanying Land Use Planner's Guide (pages 6-7) for the Hamakua CDP, lands identified as IAL were determined by the following: • Lands identified as "Intensive Agriculture" on the 1989 General Plan and Land Use Pattern Allocation Guide maps. • Lands identified in the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system as "Prime" or "Unique". • Lands rated "B" by the Land Study Bureau's "Detailed Land Classification — Island of Hawaii" (November, 1965). • The "coffee belt", according to input from area farmers. • State agricultural parks. While it appears that the IAL identification within the Hamakua CDP is intended to be separate from State IAL law (Sections 205-41 to 205-52, Hawaii Revised Statutes (HRS)), this distinction is not clearly explained. We recommend the Hamakua CDP clarify the purpose and intent of its IAL identification. Identification of potential IAL as defined in State law involves three different processes - voluntary identification under 4n / SCOTT E. ENRIGHT; .` -. „Chairperson_Board of Agriculture n raz : 7`17 APR 7 O LLIS SHIMABUKURO-GEISER . -- Deputy to the -Chairperson i'�,-;;-. P. TENT State of Hawaii r-„ . - DEPARTMENT OF AGRICULTURE )I" ' ' . �,— " Vr i ir\tii�'r��i 1428 South King Street Honolulu, Hawaii 96814-2512 Phone: (808) 973-9600 FAX: (808) 973-9613 April 21, 2017 Subject: Review of the Draft Hamakua Community Development Plan The Hawaii Department of Agriculture (HDOA) has reviewed the Draft Hamakua Community Development Plan (Hamakua CDP) and offers the following comments. Important Agricultural Lands (IAL) designation within the Hamakua CDP The Hamakua CDP's Revised Land Use Guide Maps have "Important Ag. Lands" as a land designation (Section 3.1.7, figures 2-13). According to the accompanying Land Use Planner's Guide (pages 6-7) for the Hamakua CDP, lands identified as IAL were determined by the following: • Lands identified as "Intensive Agriculture" on the 1989 General Plan and Land Use Pattern Allocation Guide maps. • Lands identified in the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system as "Prime" or "Unique". • Lands rated "B" by the Land Study Bureau's "Detailed Land Classification — Island of Hawaii" (November, 1965). • The "coffee belt", according to input from area farmers. • State agricultural parks. While it appears that the IAL identification within the Hamakua CDP is intended to be separate from State IAL law (Sections 205-41 to 205-52, Hawaii Revised Statutes (HRS)), this distinction is not clearly explained. We recommend the Hamakua CDP clarify the purpose and intent of its IAL identification. Identification of potential IAL as defined in State law involves three different processes - voluntary identification under Mr. Michael Yee April 21, 2017 Page -2- Section 205-45, HRS, State public land identification under Section 205-44.5, HRS, and county identification under Section 205-47, HRS. State public lands, such as State Agricultural Parks, are not a part of the county identification process under Section 205- 47, HRS. If the Hamakua CDP's Revised Land Use Guide Maps are intended to be considered draft maps for the County IAL identification process in Section 205-47, HRS, it should explain how the County's process is consistent with State law. Land Use Policies on Agricultural Development The DOA is pleased to find language in the Hamakua CDP that supports preventing the encroachment of urban sprawl within agricultural lands. The DOA notes the Hamakua CDP's "Land Use Policy Intent" is to: "designate, protect and maintain important agricultural lands from urban encroachment"; "ensure that development of important agricultural land be primarily for agricultural use"; and, to "discourage speculative residential development on agricultural lands". (Hamakua CDP section 4.3.2, page 56). Land Use Policies related to agricultural lands include: • Policy 23: Development and construction in "Important Agricultural Land" and "Extensive Agriculture" areas shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities unless otherwise permitted by law. • Policy 25: The Planning Commission shall include in any Special Permit approval (or recommendation for approval to the State Land Use Commission) appropriate performance conditions to achieve Hamakua CDP objectives and implement Hamakua CDP policies. • Policy 26: Educate landowners interested in subdividing agricultural lands on the option to subdivide as a farm subdivision pursuant to Hawaii County Code section 23-112. The DOA looks to county CDPs for providing the county's policies and recommendation for future preferred land use restriction and guidance in reviewing various land use issues, including subdivision applications, petitions to designate land as IAL, and special use permits. We recommend that consideration be given to including language within the land use policies on Agricultural Lands & Open Space that discourages the subdivision and subsequent development of "fake farms" or "gentlemen's estates" within the Hamakua CDP's identified IAL. This inclusion would help align the policies on Agricultural Lands & Open Space more closely with its intent to "protect and maintain important agricultural lands from urban encroachment" and to "discourage speculative residential development on agricultural lands". Mr. Michael Yee April 21, 2017 Page -3- Should you have any questions, please contact Earl Yamamoto at 973-9466, or by e- mail at earl.j.yamamoto@hawaii.gov. Z�-fel*y, Board of Agriculture Mercado, Keiko J r'ju From: Heidi_Meeker/FacilDev/HIDOE@notes.kl2.hi.us Sent:Tuesday, April 18, 2017 4:15 PM N�AP'i'1!I':' "P,T{v1c,�NT To: Mercado, Keiko J�1t.lPv i 'r` ��'r H��ti'JAII Subject: DOE comments on Hamakua CDP Keiko, thank you for all your assistance these last 2 days. Le Ana Gloor, Planner County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Gloor, The Department of Education (DOE) had limited ability to access the Hamakua Community Development Plan for review. It was difficult to access the report on line, navigate within the report, and print out pages. We appreciated the opportunity to review the document and would like to offer just a few comments. It is gratifying that the Hamakua community is interested in developing and improving educational opportunities. DOE supports the 5.12.3 Kokua Action requested of the department, but wishes there had been some acknowledgment of DOE's responsibility to maintain a safe and healthy environment for its students. The sharing of school facilities with the County and community groups has to come after educational priorities are met. Schools have to provide a safe environment which is not always compatible with wide open public access, particularly during school hours. Schools cannot always be expected to provide maintenance and repair of facilities being heavily used by the public. Schools are also required to follow administrative rules regarding public use of school facilities. In regard to 5.13.3 Kokua Action, DOE is currently working with the Hakalau community concerning the eventual return of the Hakalau school campus to the Hawaii Department of Land and Natural Resources. DOE cannot maintain, police, and be liable for property that is no longer an operating public school. If you have any questions, please contact Heidi Meeker of the Facilities Development Branch at (808) 784-5095. Kenneth G. Masden Public Works Manager Planning Section - Facilities Development Branch Department of Education Heidi Meeker - heidi_meeker@notes.k12.hi.us Phone: 808-784-5095 Facilities Development Branch 3633 Waialae Avenue, Room C209 HNL, 96816 W Domian, Jesse From: Nahnsats4Noe|la ^NoeUa.Nahnxatsu@dokhawaii.gov> Sent: Thursday, April 30'20l74:50PK1 To: Planning Internet Mail; G|oor, Leana -7.3 Cc: DOREPO; McIntyre, Laura 7,- Subjmct EPO l7-075:HomakuaCommunity Development Attachments: l7-O75HamakuaCommunity DevPlan Response.pdf �� ru Onbehalf ofLaura McIntyre, here are comments from the Environmental Planning Office. ^ �� NoeUa moe|bmanmatsu Secretary, Environmental Planning Office ' Hawaii State Department nfHealth 9z9Ala Moana e|vd,Rm. 3z2 Honolulu, Hawaii 968z4 Phone: (8Oo)sns-4as7 Email: Website: t' 1! o 2 -N, ki DAVID Y. IGE VIRGINIA PRESSLER, M.D. GOVERNOR OF HAWAVDIRECTOR OF HEALTH , :V ". STATE OF HAWAII In reptV, please refer to: DEPARTMENT OF HEALTH Ffle: P. 0. BOX 3378 HONOLULU, HI 96801-3378 EPO 17-075 April 20, 2017 Ms. LeAna Gloor, Project Manager County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Emali: planning@ hawaLlicountLgov Leana.Gloor@ hawaiicounty.gov Dear Ms. Gloor: SUBJECT: Hamakua Community Development Plan Review The Department of Health (DOH), Environmental Planning Office (EPO), acknowledges receipt of your plan to our office via our District Health Office, Hawaii Island and the Hamakua CDP web link: http://records.co.hawaii.hi.usMebLink/PDF/1 3ntcmwnkhw5nngge2bcqtuf/l 47/Recommended%2OHamakua%20CDP .pdf We understand from your Memorandum dated March 15, 2017 that our DHO Hawaii Island received that, "The General Plan is the County of HawaiTs policy document for the long range comprehensive development of the County. Chapter 15 of the General Plan (2005 edition, as amended) establishes the County's CDP program to create a framework for regional planning that provides residents and other stakeholders the opportunity to actively participate in planning for their communities. The Hamakua CDP planning area includes the Judicial Districts of Hamakua and North Hilo, and parts of South Hilo with the southern planning area edge bordering Kaiwiki and Hau Street. The planning area includes the towns of Kukuihaele, Honokaa, Paauilo, 'O'okala, Laupahoehoe, Papa'aloa, Ninole, HakalaulWailea, Honomil, Pepe'ekeo, Papa'ikou, and Paukaa, and all of the agricultural and conservation lands in between. In late 2016, the Steering Committee for the Hamakua Community Development Plan (COP) formally recommended the Hamakua CDP for adoption. Following agency review, the CDP will go to the Windward Planning Commission for review and recommendations. The County Council will then consider the CDP for adoption by ordinance. Importantly, the Hamakua CDP is the community's plan, with guidance and direction provided by the CDP Steeling Committee. The Steering Committee is a volunteer advisory board composed of a diverse, representative mix of community members, Now that the Steering Committee has recommended approval, the County can consider the CDP for adoption, Since CDPs are adopted by ordinance, we must ensure that they are consistent with existing statutes, codes, and plans. Agency review is therefore critical." In the development and implementation of all Community Development Plans, EPO suggests review of DOH Strategic Planning. A copy of the DOH Strategic Plan (2015-2018) is available at: hftp://health.hawaii.gov/opppd The Environmental Health has strategic Plans to help achieve the Governors Environmental Plan (2015-2019) see: http://qovernor,hawaii.gov/action-plan/environment. A brief summary of environmental health activities in line with the State Environmental initiatives are provided at: http://health.hawaii.,qov/epo/strategic Ms. LeAORGh0r,Project Page April 20, 2017 For all p''ects.EPO ��-'hrecom0ends regular review of State and Federal environmental health land use guidance. State standard comments and available ohat8gi9stoSupportSUutainab|e8ndheekhvdeoi nonapmvided Projects required tadheretOall ep��ob|estandard comments. EPO has at:Sva�0(G|S)woUod*page. �now compiles vahOuSmarecentlyps ' ndviewexafromouranvimn |enbo|hea8hpm000a. Th8eG|S website page iScontinually updated Snplease visit hregularly at: . In 2015, Hawaii passed Act 97 which amended Hawaii's Renewable Portfolio Standards by setting a goal for Hawaii tobecome one hundred percent renewable bvthe year 2O45. Toreach this goal Hawaii should transform its transportation sector from the use of fossil fuels to renewable fuel, electric vehicles (EV)s, and bicycles, To address "rungmanxioh"endfani|itoiethoadoptionofEVe.i1iaooeent|e|\hotEVohargingata1iOnoboaddedtoanyp|annud parking areas open to the EV driving public. All efforts should be made to reduce harmful vehicle emissions, reduce vehicle miles travelled (VMT's), encourage alternative modes of transport and increase physical activity. EPO also encourages you to examine and utilize the Hawaii Environmental Health Portal at: This site provides links toour o-PermittingPortal, Environmental Health Warehouse, Groundwater Contamination Viower. Hawaii Emergency Response Exchung8, Hawaii State and Local Emission Inventory System, Water Pollution Control Viewer, Water Quality Data, Warnings, Advisories and Postings. VVenote your mention mfthe DOH, Clean Water Branch (CVVB)nnpage 04'under KbkuaAction 14: Complete acomprehensive water quality monitoring program for the Planning Area's coastal wmters�DOH CVVBwould like tOassist inthis action. KokuaAc�on15:P�o�dredeTotal 8�o0mmnDa0v Loads (7MDLy)for Impaired Steams. (Clean WaherAct-303d. Our CYVBmonitoring section would like 10assist iO this action aowell. We suggest you review the requirements of the CWB (Hawaii Administrative Rules fHARJ, Chapter 11 -54-1.1, -3, 4- 8)an�or�eNa8omdPN|�antDbmha�eBiminadonSva�m(NPDES)oennd0H\RChuo�r11��at ' UyouheVeanyqueetiona'p|eaeeoonta�thoC|eonVVedorBnmoh/CVVB\,Enginuehng Section at (808) 586-4309 or cleanwaterbranch@doh.hawaii.gov. � |fyour project involves waters ofthe U.S,bio highly recommended tha you contact the Army Corps cdEngineers, Regulatory Branch at: (8U8)835 -43O3. We note your initiative to (Section 5.7, page 80) improve Water and Wastewater Infrastructure to prioritize the improvement odexisting potable waorundweatewoderayotemetnaupportin0|gmvth. Our DOH Safe Drinking Water Branch (SDVVB) and Wastewater Branch 0NVVEAwould like boassist you inthis objective, P|oGna note that all wastewater plans mu/tCon|oVntoQpp||oob|8p0ViSiVRS/HAR'Ch8pt8[11'G2'"VVast8wat8rSv5te08^\. We reserve the right to review the detailed wastewater plans for conformance to applicable rules. Should you have any questions, please review online guidance at: and contact the Planning and Design Section o/the Wastewater Branch (NVVB)ad/808\5GG-4294. VVeare encouraged bvthe fact that your plan mentions renewable energy and sustainability. For questions in regards to reducing harmful air emissions and monitoring, including mapping, existing emissions please contact the Clean Air Branch via e-mail at: nrcall (8U8)58G'42OO. A phase I Environmental Site Assessment (ESA) and site investigation should be conducted for residential development orredevelopment projects inourventnrfonnedyVeed|OdVatha|oo3uaandoOhlrmedy8ndourv8nUy zoned agricultural land used for growing sugar, pineapple or other agricultural products. |fthe investigation shows Ma LaAnuGloVr,Project Manager Page 3 April 20, 2017 that arelease uf petroleum,hazardouGoUbotanCe.pol|utantsmuonha0inantsmayhmveoccunodettheaitothe8UB should be properly characterized through an approved Hawaii State Depaftent ofHealth (DOrd Evaluation and Emergency Response Office (HEER) soil and/or groundwater sampling plan. Please refer to Sections 3 and 4 of the MEEHOffice Technical Guidance Manual . Kthe site isfound tobecontaminated, then all removal and remedial actions k>clean uphazardous substance oroil releases bvpast and present ownersJtenants must comply with State Law (HRS, Chapter 128D, "Environmental Response Law".Chapter 451'"State Contingency P|on"). Toidentify HEERrecords related k>the property, visit . For information 0Dsite assessment and cleanup programs review: [rog8rams. Any specific questions should be directed to the HEER office at (808) 586-4249. For any matters regarding safe food handling education and increasing transparency on policy and education regarding DOH rules OOfood production and service (KokuaAction 68'page 94) please review the updated Sanitation Branch website: ' contact the DHOHawaii orour Honolulu based Sanitation Branch. You may also wish toreview the draft Office of Environmental Quality Control (OEQC) viewer at: This viewer geographically shows where some previous Hawaii Environmental Policy Act (HEPA) fHawaii Revised Statutes, Chapter 343) documents have been prepared. To better protect public health and the environment, the U.S. Environmental Protection Agency (EPA) has developed a new environmental justice (EJ) mapping and screening tool called EJSCREEN. |tiebased Onnationally consistent data and combines environmental and demographic indicators in maps and reports. EPO encourages you to explore, launch and utilize this powerful tool inplanning your project, The EPA EJ8OHEENtool iGavailable at: . For older structures, containing lead paint and or asbestos that need to be removed please review the information on our Indoor Radiological Health Branch website: contact the DHO Hawaii or our Indoor, Radiological Health Branch in Honolulu. For information on hazard evaluation and emergency response activities please see our HEER Office website at: For information on our various DOH supported recycling programs and solid and hazardous waste management please see our website: Hawaii's climate ischanging. Sea level rise and the associated coastal impacts have the potential to harm an array o/natural and built environments inHawaii, For additional information Onprojected nea|ove|rioeinHawaii,EPO recommends that you visit the following informative links: • State <dHawaii Climate Adaptation POftal: • University ofHawaii, k48DU8. School OfOcean and Earth Sciences and Technology, Coastal Geology Group: * US Environmental Protection Agency — Climate |0p8Cto on Co8S[@| A[888: Ms. LeAmo8loVr,Project Manager Page April 20, 2017 YVerequest that you utilize all this information onyour proposed project h3increase sustainable, innovative, inspirational, transparent and healthy design. Thank you for the opportunity to comment. Maholonui loa, CCaura Leeial�oha Phillips Mc ntyre, AICP Program Manager, Environmental Planning Office UN:nn Attachment 1: Environmental Health Management Web App Snipit of Project Area: Attachment 2: Clean Water Branch: Water Quality Standards Map 'Hawaii Attachment 3: Wastewater Branch: Act 12OCesspool Tax Credit Web App 8niokofProject Area Attachment 4: Historic Sugarcane Map ofProject Ama Attachment 5: OB]C viewer (of past EA'o.E|S'ainarea) c: DOH: DDEH, DHO HI, EMD, CWB, SDWB, WWB, CAB, SHWB, EHSD, SAN, IRHB, Vector (via email only) Attachment 2: Clean Water Branch: Water Quaitty Standards Classifications 1 V'gg'g /, z cum I Wed" & walftbodkft 11711,11,111, 1 *77, 71111 Mus 2 %breams &,wAWtWk% Marino Claoshficatkms (f i` " kikxakedwaY talk A IMUftm CWftW IlAA- 3Nu*SoufdAryUrw. Atete iituaed WPM IN% kw bw ouftwe ot tk* I w4wh" GbtlMauo we fi"Aa suw ocamot Standards Mai) - Hawaii 0 NXV�k I", DRAFT 0 'a - I Lmvtii Dcpafowlt of I lealth Water Quality Standards Map ISLAND IANV�Id'l 2014 is a govooNo MPMOU60-4 Hv*ASW*Vbw CtuaNty S%rdv(U os W forth kt NewtA&4%VAA fhks Attachment 3: Wastewater Branch: Act 120 Cesspool Tax Credit Web App Snipit of Project Area Attachment 5: 0EQC vi, CMFilter 9 Map 61 12E I M,,T*01,114 41 Nainleo HI 9H43 UA sq, w-, no focr'0 Houk- Carat SaW Kohotaloto (FLA. FONS11 F.11,1MI-MI II.M—Ix'Aq�,,p Hae"Wo LAIld Sale KoholakIle (DEA. AFNSI) �"/'M—NW 4MW414 tllw%�, W"UA ROAD MAINE BASEYARD (OFA At NSt) Thirty Lit 24 IWH TELESCOPE OBSITNARMYRFWAVARA (FL A F)NSP flafto boll Rfm(J Rocklag Mauluo (I EA AhuaW 4Mr11 Pawailoie Road (FCA. FONSI) E-A,nuul Attachment 6: U.S. EPA EJSCREEN Report for Project Area ph"Oka EJSCREEN Report (Version 2016) EPA Mg-vz= I mile Ring Centered at 19.997929,-155.289808, HAWAII, EPA Regio Approximate Population* 6 Input Area (sq. miles): 3.14 1 M EJ Index for the Selected Area Coni ed to All People's Skickgroups in the State/Region/US 111-1v ae.brastat A% I er Ov 'Y"t, % k, 4, `" gyp,v-� ' % �11`1, tr1111 'State Percentile JVpegional PercitntileUSAPefcenOe This i'vort OO&S V*VMues for evxvlromnental and demoigalshk iPdkatar& and USCREEN Weies, it shows er lru t nerital and demographic raw data Qe g., the estimated cOdc*fWtr&fldn of 010he Ift the airli, and also sbovas what pere"tile each raw data, value represmts, these P&cenoles PrOO& oeyspettlie on how Oe selected Wocki groupor buffet atea compares to the enwe state. EPA teglun, tx nattort, For example, it a Oer, focatkGn 1v at die 95t.i, percentige natiarnvife, thai meats thol stilly 5 pefterit of the. US pt Aittion has a Ngf*f bW-k group value than the average person in the location twing aNify't.sci, The ye ats to, which the data are availao4e, and the methodt, used, vary across these iedkatdrs. Imporlaot caveats and uiweftahties Apph to this Scresmin4-1,--A Intormahon, So It Is eswl+sl to, understar'd ata forrAstow, on awts'prial's 4rvCerpretaclurrs and appikanorts of these, indkatofs. Please v.* USCREEN doov!7pntatkm f0f &-Uuiliart of Vt--p issues beface uMag repaets. April! 06, 2017 1/3 EMMA RIV/4"'" E)SCREEN Report (Version 2016) OEPA'09-�"-F'" WIM I mile Ring Centered at 19.997929,-ISSI89M, HAWAII, EPA Region 9 Approximate Population: 6 Input Area (sq. miles): 3.14 Capri 06,2017 213 Mggx� M Approximate Population: 5 Input Area (sq. miles), 3.14 * The Pjahwa9 Sc&la Air Toxirs Assellment IN&TA) iS EPA's ongomg, evaikjaooft OfW to*a lr1 tI* United StatPs EPA OvOtoped the NATA to pruseln2e sir toxics, C-fflisiiion �eocps, and li�xaqtrni 0 menast f&, fu ho ittvdy, it tj irnpoetant to remember lhal NATA 1pcvvidel Wd eiliftUhes Of heakh riski ow*r gWaphk ait3i ol Ov (oufttry, riot detinime 614 W ipe6fic tod4ouals w lmatiew��. M"Ofe Ow, fnaiton w the NAT M1. Jhal'OIS tan be found at For additional information, see. wwyw.epa,govlenvironnientatjustice USCRIEN is a oCfeefAftl t00I for ME-detisional use ianIV. It cart NAP Identify areas that tway warrant additional Coraw-ravon, anilybS, Of outreach, Wt does flat petivide a basis for Adecistan-rnalik1g, but itmay help Ideftliky paternial uveas at Ej concern. Uwshouid keep in rnind- that wovM9, tools we subject to ujrt#etajfrty Irk tfieo t1molgraphle and eryViewinentA data, Aamcuiaoy whe-O looking at onnallt gee cVaphX wpas. tarhpzdkantt uveau ard Unceewfito-i apply to tMS infoonatica, to it N esentiM to understand the flwtltatkiim on atatfopriate erpretaafreu s vio applkatim of these indicators pk-asa, set EISCREEN documptriation fm idscullion of thele Issues before U."'Irg reports. Ifiks sCleeNng toai does not pmvide data On every leftalct 'AMA' de"paphic tWoe, that may be refevatt to a partulm location. EISMEN wtputs should be, suptitemented with additional niformatien and local knowledge befat e taking any action to addre.55 poteldihj EJ Corruyns. AprN06, 2017 3/3 Mercado, Keiko Ini17 00o n; nn r• �� From: Tatsuguchi, Ken <ken.tatsuguchi@haw '.i. �,, - ,- '- Sent: Friday, April 07, 201710:51 AM J��JN i Y OF HAWAII To: Gloor, Leana Subject: Hamakua CDP Hi LeAna, My office will be coordinating the review of the subject plan and that we'll be also coordinating with our Highways Division Hawaii District Office. Emailed you to check in with you if there's anything specific or issues that you'd like us to consider. Also, wanted to check if you'd like our Airports and Harbors Divisions to review; but don't think so since didn't see anything that is under their jurisdiction. I've reviewed all the documents, and don't have any major comments. I would like to discuss further on the next steps on the County and HDOT pursuit of County Actions 65-71 and Kokua Actions 49-52, later. Also, wanted to let you know my office is currently procuring consultant services for a Hamakua Coast Corridor Study. And, when we get moving the subject plan along with other County plans will be used to provide a lot of the context for the transportation needs in our Study. And, would like to include the County staff in its development. This Study proposes to come up with projects and strategies to improve operations and maintenance of this route. The length of the study is from Hilo to Waimea — 50 miles. It will also consider historic/cultural, flora/fauna, and flooding issues along the corridor. Transportation -wise it will be considering both regional and localized/community surface transportation needs for all modes — vehicles, freight, bike, ped and transit. Thank you, Ken Ken K. Tatsuguchi, P.E. Hawaii Department of Transportation Highways Division, Planning Branch 869 Punchbowl St, Rm 301 Honolulu, HI 96813-5097 Phone: (808) 587-1830 Fax: (808) 587-1787 This e-mail message, including any attachments, is for the sole use of the intended recipient and may contain confidential and/or privileged information. Any review, use, disclosure or distribution by unintended recipients is prohibited. If you are not the intended recipient please destroy all copies of the original e-mail message and contact the sender by e-mail reply. Thank you 1f 1239 Crr•y•1959 p'••,1� V e L J� OFFICE OF PLANNING STATE OF HAWAII 235 South Beretanla Street, 6th Floor, Honolulu, Hawaii 96813 Mailing Address P O Box 2359, Honolulu, Hawaii 96804 Ref. No. P-15563 April 10, 2017 Mr. Michael Yee, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DAVID Y. IGE GOVERNOR LEO R. ASUNCION DIRECTOR OFFICE OF PLANNING Telephone (808) 587-2846 Fax (808) 587-2824 Web http //planning hawau gov/ Subject: Review of the Hamakua Community Development Plan (CDP) Dear Mr. Yee: Thank you for the opportunity to provide comments on the Hamakua Community Development Plan (CDP). The request for comments was transmitted to our office by letter dated March 15, 2017. The County's CDP program creates a framework for regional planning that provides residents and other stakeholders the opportunity to actively participate in planning for their communities. The Hamakua CDP planning area includes the Judicial Districts of Hamakua and North Hilo, and parts of South Hilo, with the southern planning area edge bordering Kaiwiki and Hau Street. The planning area includes the towns of Kukuihaele, Honokaa, Paauilo, Ookala, Laupahoepahoe, Papaaloa, Ninole, Hakalaui/Wailea, Honomu, Pepeekeo, Papaikou, and Paukaa, and all of the agricultural and conservation lands in between. In 2016, the Steering Committee for the Hamakua CDP formally recommended the Hamakua CDP for adoption. Following agency review, the CDP will go to the Windward Planning Commission for review and recommendations. The County Council will then consider the CDP for adoption by ordinance. The Office of Planning (OP) offers the following comments on the Hamakua CDP. Priority guidelines on Climate Change Adaptation. HRS § 226-109 addresses climate change adaptation priority guidelines. HRS § 226-109 should be acknowledged, integrated and referenced in the policies developed in Section 4, Protect and Enhance Natural and Cultural Resources, and in Section, Strengthen Infrastructure, Facilities, and Services. Specifically, HRS § 226-109 should be referenced in Section 4.2.3, Land Use Policy, Policy 18, on page 53 with reference to an "assessment of impacts on hazard risk including flooding, tsunami, and coastal erosion and/or sea level rise over the life of the 110941 Mr. Michael Yee, Director Planning Department County of Hawaii April 10, 2017 Page 2 development." Priority guidelines to prepare the State to address the impacts of climate change, including impacts to the areas of agriculture; conservation lands; coastal and nearshore marine areas; natural and cultural resources; education; energy; higher education; health; historic preservation; water resources; the built environment, such as housing, recreation, transportation; and the economy should be included in the Hamakua CDP. 2. Priority Guidelines on Sustainability. The CDP does not expressly acknowledge HRS § 226-108, Priority Guidelines on Sustainability. The Priority Guidelines should be referenced as they are currently embedded throughout Sections 3,4,5 and 6 of the Hamakua CDP. With regard to addressing priority guidelines on sustainability, the CDP should also consider including policies that encourage the use of green building rating systems (such as LEED, the Living Building Challenge, Green Globes, Energy Star) or sustainable neighborhood rating systems for new neighborhood development, including but not limited to nationally recognized rating systems such as Leadership in Energy and Environmental Design for Neighborhood Development (LEED-ND), Ecodistricts, Green Enterprise Communities or another comparable State -approved, nationally recognized, and consensus -based guideline, standard, or system. 3. Priority Guidelines on Affordable Housing. HRS § 226-19 discusses State objectives and policies for socio -cultural advancement with respect to housing. HRS § 226-106 also addresses priority guidelines for the provision of affordable housing. To ensure alignment with State priority guidelines on affordable housing, Section 5.2, Expanding Affordable Housing Options, Policy 64, on page 76 should incorporate relevant State guidelines and reference both HRS § 226-19 and HRS § 226-106. 4. Transit -Oriented Development (TOD). Under HRS § 226-63 (c)(1) OP is responsible for coordinating with the counties on strategic planning for TOD. The Hamakua CDP should address how it supports TOD or Transit -Ready Development (TRD), including policies that encourage mixed-use development and walkable density within one-half mile of transit stops. TOD or TRD zones should be identified on the HCDP Land Use Guide Maps on pages 39 to 49, or in a separate map series illustrating proposed TOD or TRD areas. OP encourages the development of mixed-use projects for new and infill development located in transit corridors in the State Urban District. b. Section 4.2.3,Land Use Policy, Policy 18, on nate 53, seeks to limit Mr. Michael Yee, Director Planning Department County of Hawaii April 10, 2017 Page 3 Complete Streets. Section 5.3 of the Hamakua CDP (pages 73 to 80) should reference the relevant State and County Complete Streets policies, pursuant to Act 54, Session Laws of Hawaii 2009 and HRS § 264-20.5. The CDP should elaborate on the policies related to Complete Streets, including the key State Complete Streets principles: safety, Context Sensitive Solutions (CSS), accessibility and mobility for all, use and comfort of all users, consistency of design guidelines and standards, energy efficiency, health, and green infrastructure. 6. Coastal Zone Management (CZM). Coastal Zone Management and Special Management Areas (SMA) are addressed in Chapter 205A, HRS, the CZM Act. a. Section 3.1.4, Land Use Policy, Policy 2, on page 35 of the Hamakua CDP states that new urban development shall be located away from coastal areas and the Special Management Area (SMA). The Hamakua CDP should define the term "coastal area." The coastal area can be much larger in size than the SMA, and may encompass offshore and land area. The Hamakua CDP should also provide a rationale on locating urban development away from the SMA, and list the expected advantages that may ensue from this new policy. Section 4.2.4, County Action, Policy 22, page 54-55 considers amending SMA rules to protect coastal resources. On page 55, the analysis recommends SMA boundary amendments to further protect known resources. The Hamakua CDP should provide site specific justifications for SMA boundary amendments. b. Section 4.2.3,Land Use Policy, Policy 18, on page 53, seeks to limit coastal development to achieve Coastal Zone Management and CDP objectives and policies. The use of the term "limit coastal development" is vague and too broad. We recommend a more refined definition of this term that could include the following: "Place special controls on development within an area along the shoreline." c. Section 4.2.3, Land Use Policy, Policy 18, page 53 contains an incorrect citation. The Policy states that "An assessment of impacts on coastal scenic and open space resources and view planes, including those outlined in the General Plan, the Community Development Plan, and other adopted plans, as well as the line of sight toward the sea from the state highway nearest the coast and along the shoreline. IIRS § 205A -26(3)(E) should be Mr. Michael Yee, Director Planning Department County of Hawaii April 10, 2017 Page 4 listed as HRS § 205A -26(3)(D). 7. CZM, Objectives and Policies. CZM Objectives and Policies for Coastal Zone Management are defined in HRS § 205A-2. a. HRS § 205A-2(2) discusses the protection, preservation, and, where desirable, restoration of those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. Section 3.1.3, Existing Policy, Preservation of Natural/Cultural Resources, on page 34 should reference HRS § 205A-2(2). b. IIRS § 205A-2(3) addresses Scenic and Open Space Resources, by protecting, preserving, and, where desirable, restoring or improving the quality of coastal scenic and open space resources. Section 3.1.5, County Action, Policy 14, on page 38 promotes open space buffers. HRS § 205A- 2(3) should be referenced in this policy. Section 4.5, Preserve Scenic Areas and Viewsheds, on pages 59-62 is also consistent with HRS § 205A-2(3), and the statute should be referenced as well. c. HRS § 205A-2(4) addresses the protection valuable coastal ecosystems, including reefs, from disruption and minimizing adverse impacts on all coastal ecosystems. Section 4.6, Protect and Enhance ecosystems and Watershed, on pages 62-64, is also consistent with HRS § 205A-2(4) and should also be referenced. Thank you for providing us with the opportunity to comment. Should you have any questions, please call Nicola Szibbo of our Land Use Division at (808)587-2883 or Josh Hekekia of our CZM program at (808)587-2845. Sincerely, Director I b0 �MuP KAMEHAMEHA SCHOOLS® April 19, 2017 Mr. Michael Yee Planning Director County of Hawai'i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 E: haniakua@hawaiicounty.gov RE: Comments from Kamehameha Schools to: - Recommended Hamakua Community Development Plan (2/27/2017) (the "RCDP") Dear Mr. Yee: Kamehameha Schools (KS) appreciates the opportunity to provide comments through the community review process for the Hamakua Community Development Plan. As a private charitable, educational trust endowed by the will of Princess Bernice Pauahi Bishop, KS' mission is to create educational opportunities in perpetuity to improve the capability and well-being of people of Hawaiian ancestry. KS respectfully submits the following comments to the Recommended Hamakua Community Development Plan. Amend References to "Bishop Estate/Kamehameha Schools" As identified in our previous comments submitted via correspondence dated June 15, 2016, pages 69, 71, and 88 of the HCDP refers to and uses the term "Bishop Estate/Kamehameha Schools". KS requests that all references in the HCDP to "Bishop Estate/Kamehameha Schools" be amended to read simply: "Kamehameha Schools". KS reserve its right to amend or supplement this or any letter, comment, or question and to comment on and participate in the development of any subsequent plan, report, document, action, or activity undertaken in connection with the HCDP. If you would like to arrange a meeting to discuss any of the matters or issues raised in this letter, I can be reached at (808)982-0832 and Ieokamot@ksbe.edu. Sincerely, ---- - - - - — - - - z - 6 Leanne O amoto, Asset Manager Community Engagement & Resources – Hawai'i Island 895 KAUHUILA Rona, HILO, HAWAII 96720 nLEPHoNE (808) 982-0830 FAY (808) 982-0845 Founded and Endowed by the Legacy of Princess Bernice Pauahi Bishop -L C:u Dear Mr. Yee: Kamehameha Schools (KS) appreciates the opportunity to provide comments through the community review process for the Hamakua Community Development Plan. As a private charitable, educational trust endowed by the will of Princess Bernice Pauahi Bishop, KS' mission is to create educational opportunities in perpetuity to improve the capability and well-being of people of Hawaiian ancestry. KS respectfully submits the following comments to the Recommended Hamakua Community Development Plan. Amend References to "Bishop Estate/Kamehameha Schools" As identified in our previous comments submitted via correspondence dated June 15, 2016, pages 69, 71, and 88 of the HCDP refers to and uses the term "Bishop Estate/Kamehameha Schools". KS requests that all references in the HCDP to "Bishop Estate/Kamehameha Schools" be amended to read simply: "Kamehameha Schools". KS reserve its right to amend or supplement this or any letter, comment, or question and to comment on and participate in the development of any subsequent plan, report, document, action, or activity undertaken in connection with the HCDP. If you would like to arrange a meeting to discuss any of the matters or issues raised in this letter, I can be reached at (808)982-0832 and Ieokamot@ksbe.edu. Sincerely, ---- - - - - — - - - z - 6 Leanne O amoto, Asset Manager Community Engagement & Resources – Hawai'i Island 895 KAUHUILA Rona, HILO, HAWAII 96720 nLEPHoNE (808) 982-0830 FAY (808) 982-0845 Founded and Endowed by the Legacy of Princess Bernice Pauahi Bishop -L Domian, Jesse From: Albert Nakaji <waltz@hawaiiantel.net> Sent: Monday, April 03, 2017 2:55 PM To: Planning Internet Mail Subject: Message For Director Yee Director Yee, It was my pleasure to meet you at the meeting held at the Papaikou Community Center on March 17th. Thank you for the opportunity to receive our input and to share your thoughts as well. I am forwarding you this email from Jack Lockwood, a retired USGS geologist and now consulting geologist in private practice. He was responding to my question and concern regarding the language contained within the Hamakua CDP relating to setback for cliffs. While I realize it is already 11:59 before the adoption of the CDP, I wanted to make one last attempt at making the language more meaningful and appropriate. I will also be meeting with Council Chair Poindexter to discuss this matter. As a bit of background, I expressed concern over the language stating that a "licensed engineer" be required for determining whether a cliff was stable, and further suggested that this leaves open the possibility of any licensed engineer, including those completely unqualified and in an unrelated field (E.G., nuclear engineer, electrical engineer, systems engineers, bio -engineers, chemical engineers, etc), to serve as the "qualified" person. My concern was met with response from staff saying that they would not be qualified to determine who might be a qualified licensed engineer, so it was left unspecified. My thinking was that it is staff's responsibility to determine which qualifications (I.E., what kind of licensed engineer) was appropriate and necessary. To leave such determination unspecified would allow for too much of a "loop hole" and represents, essentially, dereliction of their duties. To be clear, this is not meant to be criticism, but a sincere attempt to make this specific section effective for the intent. I ask your consideration and appropriate action. Thank you. Never tell me "No can", only tell me how can. "Any fool can criticize, condemn and complain - and most fools do." Benjamin Franklin "When going through hell, keep going. If you stop, you'll be stuck there" Some minds are like concrete. Thoroughly mixed up and permanently set. There is an incredible number of people who are especially adept at the impossible. They can tell you a million and one reason why something cannot, or should not, be done. Then, there are a few who will tell you how something can possibly be done. Would you prefer to live your life believing only impossibilities, or to live a life of possibilities? Albert A. Nakaji 110713 27-319 Kaieie Road Papaikou, HI 96781 -------- Original Message -------- Subject: Shoreline setbacks Date:2017-04-03 12:34 From:Jack & Marti Lockwood <halepuhau@twc.com> To:Albert Nakaji <waltz@hawaiiantel.net> Cc:esther.imamura@hawaiicounty.gov, bethany.morrison@hawaiicounty.gov Albert: Thanks for alerting me to that proposed "Rule 11" change. Here is my reaction to this poorly worded and ambiguous proposed change about shoreline setbacks -(below) - use as you wish with County officials. 4.2.4 County Action Policy 19 Amend Planning Department Rule 11 to establish shoreline setbacks for the Hamakua CDP Planning Area at the earliest stages of the land use planning and development process. The minimum shoreline setback from the top of cliff shall be either: a) No less than the height of the slope (cliff, or Pali) (1:1 horizontal to vertical). In cases where the height of the slope is less than 40 feet, a minimum 40 -foot setback shall apply; or, b) A minimum of 40 feet, plus a safety buffer determined by a coastal erosion study conducted by a licensed engineer, including a cliff stability analysis and/or a geological analysis. First and of most importance: No one has ever defined what "cliff" means - nor where the "top of cliff' lies. Where there's 200' vertical cliff face (90 degree) with sharp dropoff that point is obvious - but what about a cliff with a 80 degree slope? 45 degree slope? 20 degree slope? Most "cliff" faces I have seen with 45 degree slopes or less are inherently stable, and 40' setbacks are more than enough - 20' adequate for 70 yr time spans envisioned. Trying to relate setbacks to "cliff height" alone is wrong - does that mean a relatively gentle, stable, vegetated slope with no signs of instability, that begins 300 feet above sea level should have a 300' setback? Safe setbacks at the 20' State minimum probably OK for that situation in most cases Setbacks have to reflect the danger of mass failure of a cliff face - but "not all cliffs are created equal". Geologic factors affecting stability vary greatly, and must include assessment of evidence for recent cliff failure or of pre -collapse dangerous erosion. So far as having slope stability conducted by a "licensed engineer", that is unfortunate. Only "Engineering Geologists" would be the sorts of engineers who might be qualified to make judgements. Geologists are not "licensed engineers" but with proper experience and geologist license would be better prepared than engineers for such determinations. I hope these brief words are of use. I strongly feel that the proposed change to defining setbacks is inappropriate. Jack J. P. Lockwood